EULA
END USER LICENSE AGREEMENT
ChromaChecker Corp.
___________
IMPORTANT - PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY)) AND CHROMACHECKER CORP. (“CHROMACHECKER") CONCERNING CHROMACHECKER'S SOFTWARE ACCESSED FROM CHROMACHECKER.COM OR BY ANOTHER CHANNEL PROVIDED BY CHROMACHECKER..
YOU AGREE TO BE BOUND BY THIS EULA TERMS AND CONDITIONS THROUGH USE OF THE SOFTWARE, AND THE INSTALLATION OF SOFTWARE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE OR DOWNLOAD THE SOFTWARE FROM CHROMACHECKER.COM, OR THROUGH ANY ANOTHER CHANNEL PROVIDED BY CHROMACHECKER..
___________
Article 1. The entire Agreement.
This EULA specifies the entire contract between ChromaChecker Corp. and User with respect to the Software and its subject matter.
Article 2. Limited Software license.
Subject to the terms of this EULA, ChromaChecker Corporation grants the User (ChromaChecker subscriber) a limited, non-exclusive, non-transferable, personal license to install, run and use copies of the Software downloaded to a computer or mobile device connected to the subscription of a ChromaChecker Corporation Product. ChromaChecker Products include but are not limited to Print Inspector, Instrument Inspector and other ChromaChecker Products included in subscriptions)
Article 3. Installation.
The User (ChromaChecker subscriber) may perform multiple Software installations on multiple computer systems, provided that the usage of the Software will apply to the tools offered by ChromaChecker Corp. and will communicate with servers only managed by ChromaChecker Corp.
Article 4. Updates.
Any Software provided to you by ChromaChecker or provided on the website www.ChromaChecker.com (the “Website") or through any other channel provided by ChromaChecker, which updates or supplements the original Software, is subject to the terms of this EULA unless such updates or supplements are accompanied by separate license terms in which case, such separate terms will govern.
Article 5. Backup.
The User may make a reasonable number of copies of the Software only as backup copies and for archival purposes.
Article 6. License Limitations.
The license specified in Articles 1, 2 and 3 applies if you have acquired a ChromaChecker subscription or are performing ChromaChecker Corp Product testing and or evaluation, and determines the entire rights of the User with respect to the Software. ChromaChecker reserves all rights not expressly granted to you in this EULA.
Without limiting the foregoing, you shall not authorize or permit any third party to:
(a) use the Software for any purpose other than whats listed as the purpose of the Product;
(b) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Software;
(c) reverse engineer, decompile, disassemble or attempt to discover the source code of or any trade secrets related to the Software, except and only to the extent that such conduct is expressly permitted by applicable law notwithstanding this limitation;
(d) adapt, modify, alter, translate or create any derivative works of the Software;
(e) remove, alter or obscure any copyright notice or other proprietary rights notice on the Software or Product; or
(f) to circumvent or attempt to circumvent any ChromaChecker Corp license used by the company and any methods of controlling access to components and functions of the Product or Software.
Article 7. Technology.
Before installing the Software, the User should read the Technical Data published on the Chromachecker Website and read the relevant details. The User should read and accept the Privacy Policy, Cookie Policy, Terms of Service Provision available on the Websites administered by ChromaChecker.
Typically used technologies:
The Software may use cookies technology in internet connections.
The Software monitors the system load, and analyzes server connection parameters used for Product development, activity monitoring, to eliminate of overloads and detection of non-collection of current measurements.
If the User does not accept this technology, the User must stop using the Software.
Article 8. Ownership.
The Software is a valuable property of ChromaChecker Corp. and its licensors and is protected by copyright and other intellectual property laws and treaties. ChromaChecker Corp. or its licensors retain all rights, titles and interests in and to the Software, including but not limited to copyright and any other intellectual property rights.
Article 9. Limited warranty.
ChromaChecker Corp provides a limited warranty that the Software generally agrees with the published specification by ChromaChecker Corp. for the Software or otherwise posted on the Website for the period required by local law.
ChromaChecker Corp. will make commercially reasonable efforts (at its own discretion) to either correct any such nonconformity in the Software or replace any Software that fails to comply with the foregoing warranty, provided that you give ChromaChecker written notice of such noncompliance within the subscription period. The above warranty does not apply to any incompatibilities arising from:
(w) use, reproduction, distribution or disclosure not in accordance with this EULA;
(x) any customization, modification or other alteration of the Software by anyone other than ChromaChecker Corp;
(y) combination of the Software with any product, services or other items provided by anyone other than ChromaChecker Corp. or
(z) failure to comply with this EULA.
Article 10. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. CHROMACHECKER AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, CHROMACHECKER DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.S.
Article 11. Disclaimer of Certain Damages
IN NO EVENT WILL CHROMACHECKER OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF CHROMACHECKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Article 12. Limitation of Liability.
CHROMACHECKER'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES YOU MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY.
The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to this EULA, the exclusions and limitations set forth above may not apply to you.
Article 13.Termination.
Without prejudice to any other rights, ChromaChecker may terminate this EULA if you do not abide by the terms and conditions contained herein. In such event, you must cease use of the Software and destroy all copies of the Software and all of its component part.
Article 14. Assignment.
You may not transfer or assign your rights under this EULA to third parties. Any such transfer or assignment in violation of the above limitation shall be null and void.
Article 15. Applicable law.
Unless expressly prohibited by local law, this EULA is governed by and construed in accordance with the laws of the country, in accordance with which ChromaChecker Corp. was organized without regard to any conflict of law principles to the contrary.
Article 16. Dispute Resolution.
Any dispute, controversy or claim arising out of or relating to this EULA will be resolved exclusively and finally by arbitration conducted by three neutral arbitrators in accordance with the procedures of the Arbitration Law and related enforcement rules of the country in which ChromaChecker Corp. was organized. .
Article 17. Resolution principle.
If any provision of this EULA is found void by the lawful, unlawful or unenforceable court, the remainder of this EULA will remain in full force and effect.
___________
ChromaChecker Corp.
6563 North Shore Trail
Forest Lake, MN 55025
651.717.0590 Fax 651.305.9325