TERMS AND CONDITIONS
This software (“Software”) is protected by international copyright and proprietary to Carmenta AB (“Carmenta”), a Swedish limited company, and/or its licensors (together “Licensor”). You (“Licensee” or “You”) are allowed to install and use the Software only if You/Your employer have a valid license agreement with Carmenta or with one of its subsidiaries and only in strict accordance with the terms and conditions therein.

Should You be in the rightful possession of the Software without having signed a separate license agreement with Carmenta or one of its subsidiaries, Your usage rights are regulated by any other written license terms you may have received from Carmenta . Should you not have received any such written license terms, Your usage rights are regulated by the terms and conditions below.

If these Terms and Conditions apply according to above and You do not accept these Terms and Conditions, the Software must not be used in any way or manner and You must promptly contact Carmenta.

Whenever the expression “Software” is used, it shall be deemed also to include appurtenant documentation.

License rights

Subject to acceptance of these Terms and Conditions and full payment of applicable fees and taxes, Licensor hereby grants Licensee a non-exclusive, non-assignable and limited right (the “License”) to use the Software strictly in accordance with these Terms and Conditions. This section describes the entire scope of the License.

Licensee may install and use this release of the Software on one (1) computer only.

If the License acquired by Licensee is a so called evaluation License, Licensee may use the Software solely for the purpose to evaluate whether Licensee wants to acquire a development license from Licensor. In such case, the License expires automatically after a predefined number of days, without notice of any kind.

If the License acquired by Licensee is not an evaluation License, Licensee may use the current version of the Software for a time period according to agreed terms. Licensee may use the Software for its own internal use only. Any upgrades, new versions, releases or other kind of support or maintenance services may be available subject to separate conditions and at prevailing prices.

When the License terminates or expires for whatever reason, Licensee will have no further right to use or access the Software. The Software must immediately be uninstalled and permanently destroyed together with its media and documentation. If required by Licensor, Licensee shall confirm in writing that the Software and documentation are permanently destroyed.

License limitations

Licensee acquires only such limited rights to use the Software as is explicitly described in the License rights section above. Any and all other use of the Software is expressly forbidden, including but not limited to:

a) copying the Software to any extent and for any purpose whatsoever, unless and only to the extent permitted by mandatory law;

b) transferring the Software or Licensee Developed Software to a third party for any purpose whatsoever;

c) producing a source listing, decompile, disassemble, or otherwise reverse engineer the Software or Licensee Developed Software except as and only to the extent permitted by, mandatory law.

Licensee must not sub-license or let any third party use the Software or any Licensee Developed Software.

The Licensee acknowledges and agrees that the Software may contain technical mechanisms, devices or similar functions that makes the Software or Licensee Developed Software inaccessible and/or unusable and/or limits its/their scope of functions and/or performance, if all fees owed hereunder are not duly paid or any part of these Terms and Conditions is violated.

Intellectual property rights

Licensor retains any and all ownership and intellectual rights in and to the Software not specifically and explicitly granted to Licensee hereunder as well as Licensee Developed Software. Any use by Licensee of the Software, Licensee Developed Software or documentation beyond the scope permitted by these Terms and Conditions shall constitute a material breach hereof.

Licensee shall not remove or obscure any notices or markings, including without limitation, copyright, trademark, confidentiality notices, or ownership notices on Software, including any screen displayed by the Software.

Termination for cause

This License terminates automatically and forthwith without any notice if Licensee breaches any term or condition of these Terms and Conditions.

Confidentiality

All technical, product, business and other information received from Licensor shall be considered and treated as confidential information. The Software (including but not limited to object and source code, design and layout) shall be deemed confidential information at all times and treated by Licensee accordingly. Licensor retains ownership to all confidential information. Licensee does not acquire any rights in or to confidential information, except such rights that are explicitly granted in these Terms and Conditions.

Limited Warranty and liability

Licensor does not warrant that the Software is free from errors or can be operated without disturbances. Licensor does not assume any liability whatsoever for any faults or damages caused by Licensee’s use of the Software or Licensee Developed Software, regardless whether the use have been in accordance with these Terms and Conditions.

Under no circumstances whatsoever is Licensor liable for any indirect or consequential damages in connection with or arising out of Licensee’s use of the Software or Licensee Developed Software, including loss of business, revenue, profits, use, data or other economic advantage, however it arises.

Licensor’s liability under these Terms and Conditions is under any circumstances whatsoever limited to EUR 1 000.

Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflicts or choice of law provisions.

Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless the Licensee is a Scandinavian company or resident, in which case the language shall be Swedish.

Any and all information disclosed during or otherwise in connection with the arbitration procedure including the content of the award shall be kept confidential.