The License Agreement applies to the Scorpion Vision Software full version
as well as the Scorpion Vision Software demo. Those who download the
Scorpion Vision Software demo version have a right to evaluate the software
in order to determine whether to purchase it or not. The demo is licensed to
run on one machine only. The Scorpion Vision Software demo should under no
circumstances be used to produce models for commercial use, or for other
purposes than evaluation. Tordivel can at any time terminate the license
agreement for the Scorpion Vision Software demo, in such event, you must
destroy all copies of the Scorpion Vision Software demo. The demo version
has a time-limitation of 30 days, after which it will automatically expire.
This License Agreement is a legal agreement between you (either an
individual or a single entity) and Tordivel, for the Scorpion Vision
Software application, which includes computer software as well as associated
media, printed materials and "online" or electronic documentation. By
installing, copying, or otherwise using Scorpion Vision Software, you agree
to be bound by the terms of this License Agreement. If you do not agree to
the terms of this License Agreement, you may not install or use Scorpion
Vision Software. All rights not expressly granted herein are reserved by
Tordivel.
Scorpion Vision Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. Scorpion Vision Software is licensed, not sold.
Grant of license
This License Agreement grants you the following rights: You may use one copy
of Scorpion Vision Software software on a single computer. The software is
in "use" on a computer when it is loaded into temporary memory (i.e., RAM)
or installed into permanent memory (e.g., hard disk, CD-ROM, or other
storage device) of that computer. However, installation on a network server
for the sole purpose of internal distribution to one or more other
computer(s) shall not constitute "use" for which a separate license is
required, provided you have a separate license for each computer to which
the software is distributed.
Copyright
All title and copyrights in and to Scorpion Vision Software, the
accompanying printed materials, and any copies of Scorpion Vision Software
are owned by Tordivel. All other intellectual or industrial property rights
to the Scorpion Vision Software and other materials (such as analyses,
designs, documentation, offers, etc.) supplied to or put at the disposal of
you in any manner whatsoever, including under warranty or maintenance, will
exclusively be held by Tordivel. You will only acquire the usage rights as
they are expressly granted in these general terms and conditions. Scorpion
Vision Software is protected by copyright laws and international treaty
provisions. Therefore, you must treat Scorpion Vision Software like any
other copyrighted material except that you may make copies of Scorpion
Vision Software solely for backup or archival purposes as well as install
Scorpion Vision Software on one single computer.
Description of other rights and limitations
You may not reverse engineer, decompile, or disassemble Scorpion Vision
Software.
No Separation of Components: Scorpion Vision Software is licensed as a
single product and neither the software or any update may be separated for
use by more than one user at a time.
You may not rent, lease or lend Scorpion Vision Software.
You may permanently transfer all of your rights under this License
Agreement, provided that you retain no copies, you transfer all of the
software product (including all component parts, the media and printed
materials, any upgrades and this License Agreement), and the recipient
agrees to the terms of this License Agreement. If you have any upgrades to
Scorpion Vision Software, any transfer must include all prior versions of
Scorpion Vision Software.
Without prejudice to any other rights, Tordivel may terminate this License
Agreement if you fail to comply with the terms and conditions of this
License Agreement. In such event, you must destroy all copies of Scorpion
Vision Software.
Limited warranty
Tordivel warrants that Scorpion Vision Software will perform substantially
in accordance with the accompanying user manual for a period of ninety (90)
days from the date of receipt. Tordivel's entire liability and your
exclusive remedy shall be, at Tordivel's option, either (a) return of the
price paid, or (b) replacement of Scorpion Vision Software. This limited
warranty is void if failure of Scorpion Vision Software has resulted from
accident, abuse, or misapplication. Any replacement will be warranted for
the remainder of the original warranty period or thirty (30) days, whichever
is longer.
Final disclaimer
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
TORDIVEL AS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING
HARDWARE AS WELL AS THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
TORDIVEL SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF TORDIVEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AND REGARDLESS OF THE CAUSE OF
ACTION, WHETHER IN CONTACT, TORT OR OTHERWISE, THE TORDIVEL'S ENTIRE AND
AGGREGATED CUMULATIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE GREATER OF NOK 10.000, THE LICENSE FEE
ACTUALLY PAID BY YOU FOR THE SCORPION VISION SOFTWARE OR THE AVERAGE AMOUNT
PAID PER MONTH IF A PERIODIC PAYMENT HAS BEEN AGREED.
Governing law - legal venue
All disputes arising out of this agreement shall be governed by Norwegian
law and the agreed legal venue is Oslo, Norway.
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