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License and Subscription terms for Emetor

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AND SUBSCRIPTION AGREEMENT CAREFULLY BEFORE UTILIZING EMETOR. BY UTILIZING EMETOR, YOU EXPLICITLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE EMETOR.

These license and subscription terms are a legal agreement between you ("the Customer"), being the legal entity that utilizes Emetor and might has taken out a subscription, and Emetor Aktiebolag (Kaserngatan 213, SE-72347 Västerås, Sweden) for Emetor, an online electric motor design software, which may include associated software components, individually customized software components, media, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT"). By using the SOFTWARE PRODUCT, you agree to be bound by these subscription terms. These subscription terms contain the entire agreement concerning the SOFTWARE PRODUCT between the parties and supersede any prior proposal, representation, correspondence, or communication whether written or oral. If you do not agree to these subscription terms, do not 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 remains the full property of Emetor Aktiebolag.

Emetor Aktiebolag and the Customer will be exempted from the rights and obligations in these subscription terms if the execution of the agreement was delayed or impossible in case of absolute necessity, including but not limited to riots, storms, strikes, fires, and acts of God.

§1. GRANT OF SUBSCRIPTION[1]

The subscription grants the Customer the right to use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is available online, without limitations on the number of simultaneous users.

The Customer owns and may use all user data[2] provided to and obtained from the SOFTWARE PRODUCT at its own discretion.

Emetor Aktiebolag provides the Customer with online support services[3] regarding the utilization of the SOFTWARE PRODUCT and updates related to the SOFTWARE PRODUCT.

§2. SUBSCRIPTION DETAILS[1]

(a) Start of subscription

The subscription starts with the date of receipt of the first order of credits by the Customer, which also signifies that the Customer accepts these subscription terms.

(b) Duration of subscription

The duration of the subscription is valid as long as the user has a positive credit balance, but at most one year from the receipt of the last order of credits.

(c) Renewal of subscription

The subscription will not be renewed automatically at the end of a subscription period. Currently, it is no longer possible to renew a subscription.

Emetor Aktiebolag may amend these subscription terms as required from time to time provided that Emetor Aktiebolag will give the Customer written notice. All such amendments of the subscription terms will apply one month after the Customer has given notice.

(d) Termination of subscription

The subscription is non-cancellable, and the Customer will not be entitled to any refund for already purchased credits. At the end of the subscription period, the subscription is automatically terminated, but the Customer keeps his remaining credit balance.

Emetor Aktiebolag shall (without prejudice to any other rights or remedies it may have) be allowed to cancel the subscription immediately without giving the Customer prior notice if the Customer fails to comply with the terms and conditions of this subscription agreement. Emetor Emetor Aktiebolag shall also be allowed to repay remaining credits to the Customer upon termination of the subscription.

(e) Price

The price of the SOFTWARE PRODUCT is the current price stated in the quotation at the date of order. Online support services[3] regarding the utilization of the SOFTWARE PRODUCT and updates related to the SOFTWARE PRODUCT are included at no cost. Currently, it is no longer possible to purchase additional credits.

Any case of supplementary services and assistance will be subject to a separate order, the terms of which will be drawn up on the basis of the price lists in effect at the time of the order.

(f) Payment terms

Payment corresponding to 100% of the order value must be made within thirty days from the date of the invoice. The entire order value is invoiced directly after the receipt of the order by the Customer.

If the subscription is not paid by the due date, a first reminder will be sent to the Customer. If the subscription remains unpaid ten days after the date of the first reminder, a second reminder with a fee of 10€ will be sent to the Customer.

If the subscription still remains unpaid ten days after the date of the second reminder, access to the SOFTWARE PRODUCT will be blocked and Emetor Aktiebolag shall be entitled to charge the Customer interest on any outstanding fees at the rate of 8% per annum above the base rate of the Riksbank ("Riksbankens reporäntan") for the period between the initial date when the payment became due until the actual payment was made. On receipt of the payment, access to the SOFTWARE PRODUCT will be unblocked. Emetor Aktiebolag will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension from the SOFTWARE PRODUCT.

§3. RIGHTS OF EMETOR AKTIEBOLAG

All rights not expressly granted (see §1.) are reserved by Emetor Aktiebolag.

(a) Copyright

The SOFTWARE PRODUCT is protected by copyright and remains the full property of Emetor Aktiebolag. Individually customised software and any supplemental software code provided to the Customer shall be considered part of the SOFTWARE PRODUCT and are subject to the terms and conditions of these subscription terms and remain the property of Emetor Aktiebolag unless otherwise stipulated.

All title and intellectual property rights in and to the content which may be accessed through the use of the SOFTWARE PRODUCT is the property of Emetor Aktiebolag and are protected by applicable copyright or other intellectual property laws and treaties.

(b) Maintenance

Emetor Aktiebolag is entitled to make operational changes to the SOFTWARE PRODUCT for improvements or otherwise (for example by developing or replacing technical equipment and updating software) without giving the Customer prior notice.

In some circumstances it may be necessary to suspend access to the SOFTWARE PRODUCT, usually between 18:00 and 06:00. This can happen without prior notice to the Customer. Emetor Aktiebolag will not be responsible for any consequences of such a suspension.

(c) Transfer of rights

Emetor Aktiebolag may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except that, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.

§4. LIMITATIONS FOR THE CUSTOMER

(a) Compliance with applicable laws

The Customer must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.

(b) Distribution

The subscription may not be used by other people or organizations. You may not grant access to the SOFTWARE PRODUCT to third parties.

(c) Rental

You may not rent, lease, or lend access to the SOFTWARE PRODUCT.

(d) 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.

§5. WARRANTIES

(a) Operating stability

Emetor Aktiebolag aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, telecommunication connections, third-party providers, or the like. In all events, Emetor Aktiebolag aims to re-establish normal operations as quickly as possible.

In order to eliminate any malfunction of the SOFTWARE PRODUCT reported by the Customer, Emetor Aktiebolag shall provide the Customer with support services (see §1.).

(b) Personal data protection and confidentiality

Emetor Aktiebolag is bound by secrecy in respect of any personal data[4] received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.

Emetor Aktiebolag has taken the necessary technical and organisational security measures to prevent personal data[4] about the Customer from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorised party, being misused or otherwise treated in a way contrary to the Swedish data protection act ("Svenska personuppgiftslagen").

(c) Legal liability

Emetor Aktiebolag guarantees the Customer against all counterfeiting lawsuits that could be brought against him, because of the possession and/or the use of the SOFTWARE PRODUCT, at the only condition that the Customer informs Emetor Aktiebolag, within eight (8) days, about the summon and ensures Emetor Aktiebolag the free right to defend himself.

(d) Guarantee of continuation

Emetor Aktiebolag guarantees the Customer for the entire subscription period to keep a copy of the sources of the software with its documentation, to assure, in case of termination of business, the transmission of the responsibility of the software to a public or private company, or if that is not possible to the Customer.

§6. LIMITATIONS OF LIABILITY

In no event shall Emetor Aktiebolag be liable to the Customer or to any third party for any damages (including, but not limited to lost profits, business interruption, or lost information) rising out of the use of or inability to use the SOFTWARE PRODUCT, even if Emetor Aktiebolag has been advised of the possibility of such damages. To the extent permitted by law, Emetor Aktiebolag disclaims all warranties with respect to the SOFTWARE PRODUCT, including but not limited to any implied warranties as to the sufficiency, accuracy, suitability or fitness for any particular purpose.

(a) User data[2].

All user data obtained from the SOFTWARE PRODUCT is stored at the Customer. Emetor Aktiebolag can in no way be made responsible for any loss or problems with user data.

(b) Viruses

Emetor Aktiebolag has taken reasonable measures to ensure that the SOFTWARE PRODUCT is virus-free, but no warranty can be given that this is actually the case. Therefore, Emetor Aktiebolag shall have no liability regarding any harm that may be caused by the transmission of computer viruses, worms, time bombs, logic bombs, or other such computer programs to the Customer.

(c) Financial liability

The financial liability of Emetor Aktiebolag for damages of any kind shall be limited to the amount paid by the Customer to Emetor Aktiebolag under this agreement during the last 12 months preceding the claim in question.

(d) Content

The SOFTWARE PRODUCT is provided without any warranty of any kind (unless those stated in §5.), including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Emetor Aktiebolag does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained or calculated within the SOFTWARE PRODUCT (including the correctness of the simulation results and the generated user data[2]).

§7. DISPUTES

The present contract is governed by the Swedish law. Every dispute between Emetor Aktiebolag and the Customer about the interpretation and/or the execution of the contract, that could not reach an amicable arrangement, shall be settled at the place of jurisdiction of Emetor Aktiebolag in Sweden.

FOOTNOTES

[1] Only applicable if the Customer has a paid and valid subscription. A subscription is valid if the user has a positive credit balance and if his last order of credits is not older than one year.
[2] User data is defined as data entered by the Customer as well as obtained from the SOFTWARE PRODUCT during Pre-Processing, Processing, and Post-Processing. User data includes also data entered by the Customer as well as obtained from the SOFTWARE PRODUCT in the Materials editor and Windings editor.
[3] The online support services are listed here and include the blog, the glossary and the FAQ section.
[4] Personal data is defined as data entered by the Customer during registration, as well as the Customers preferences and user profile.