EULA
END-USER LICENSE AGREEMENT FOR Check3DTM. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: CSER's End-User License Agreement ("EULA") is a legal agreement between you (either an individual, company or organisation) and CSER for the Check3DTM software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and CSER, , and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. DEFINITIONS]
"Check3D" is the trade mark of Sheffield Hallam University
"CSER" means the Centre for Sports Engineering Research at Sheffield Hallam University;
"SOFTWARE PRODUCTS" means only the Check3DTM software products and any associated software components, media, printed materials, and "online" or electronic documentation
2. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
CSER grants you the non-exclusive right to install and use copies of the
SOFTWARE PRODUCT on a single computer running a validly licensed copy of
the operating system for which the SOFTWARE PRODUCT was designed [e.g.,
Windows XP, Windows Vista, Windows 7].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for
backup and archival purposes.
3. LICENSE RESTRICTIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies
of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and
Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE
PRODUCT.
4. TERMINATION
Without prejudice to any other rights, CSER may terminate this EULA if
you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE PRODUCT in your
possession.
5. OWNERSHIP
This License gives you limited license to use the SOFTWARE PRODUCT. CSER and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the SOFTWARE PRODUCT and all copies thereof.
All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by CSER.
6. NO WARRANTIES
CSER expressly disclaims any warranty for the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT is provided 'As Is' without any express or implied
warranty of any kind, including but not limited to any warranties of
merchantability, noninfringement, or fitness of a particular purpose.
CSER does not warrant or assume responsibility for the accuracy or
completeness of any information, text, graphics, links or other items
contained within the SOFTWARE PRODUCT. CSER makes no warranties
respecting any harm that may be caused by the transmission of a computer
virus, worm, time bomb, logic bomb, or other such computer program. CSER
further expressly disclaims any warranty or representation to Authorized
Users or to any third party.
7 LIMITATION OF LIABILITY
NEITHER CSER NOR ITS
SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE
EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF,
OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CSER OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CSER SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
8. THIRD PARTY SOFTWARE
The Software may contain third party software which requires notices and/or additional terms and conditions.
9. GENERAL
This EULA shall be governed by the internal laws of England, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the English courts sitting English law to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the European Union/United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of CSER to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
Check3D is the trademark of Sheffield Hallam University. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use CSER’s, Sheffield Hallam University's or thier licensors’ names or any of their respective trademarks.