THIS END USER LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A LEGAL ENTITY THAT WILL USE THE PRODUCT THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) AND CRUATECH WITH RESPECT TO THE SOFTWARE ACCOMPANYING THIS AGREEMENT. BY INSTALLING, COPYING, DOWNLOADING OR OTHERWISE ACCESSING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CRUATECH IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IN SUCH EVENT, YOU MAY NOT USE OR COPY THE SOFTWARE AND SHOULD PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE AND ACCOMPANYING DOCUMENTATION (“DOCUMENTATION”), OR NOTIFY CRUATECH TO OBTAIN INSTRUCTIONS ON RETURN OF UNUSED SOFTWARE.

GRANT: CRUATECH hereby grants to you as licensee, a personal, nonexclusive, nontransferable license, without right of sublicense, to install, use and execute the Software, together with any updates and modifications thereto, if any, provided to you by CRUATECH or an authorized agent of CRUATECH  for the periods and at the locations specified in Schedule A, hereto. The Software is licensed solely in machine-readable object code format. You may install, use and execute the Software for demonstration, evaluation and testing purposes only.

RESTRICTIONS: The rights granted herein are subject to the following restrictions: (i) you may not (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party except as expressly permitted herein; (c) obfuscate, remove or alter any of the trademarks, trade names, logos, patent or copyright notices, confidential or proprietary legends or other notices or markings on or in the Software and Documentation; or (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software.

SOFTWARE: Software shall mean the computer program(s), and licensed updates, provided or installed by CRUATECH  EULA dated 30th December 2015.
TITLE: The Software and Documentation are confidential and proprietary information of CRUATECH  and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain with CRUATECH  and its suppliers. The Software and Documentation are protected by copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner; this license gives you no rights to such content. This license does not convey to you an interest in or to the Software, but only grants you a limited right of use, which may be revocable in accordance with the terms of this Agreement.

NO WARRANTY: CRUATECH  DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, OR THE IMPLIED CONDITION OF QUALITY. CRUATECH AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL BE FREE FROM ERRORS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS.

LIMITATION OF LIABILITY: CRUATECH  and its suppliers’ liability to you or any other party for loss or damages resulting from claims, demands, or actions arising out of or relating to this Agreement shall not exceed €1,000.00 in the aggregate.

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES: CRUATECH AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNATIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGNECE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPECIAL PROVISIONS REGARDING THIRD PARTY SOFTWARE: The Software may contain or be distributed with third party software (“Third Party Software”) subject to license terms of the third party. The copyright and terms and conditions for Third Party Software included in the Software are identified on our web site at www.cruatech.com/thirdparty.html, and the terms thereof are hereby included by reference, as applicable.

TERMINATION: This license to use the Software continues until terminated. This license may be terminated immediately upon notice from CRUATECH. if you fail to comply with any term hereof. You may also terminate this Agreement at any time by notifying CRUATECH  in writing of termination. Upon termination, you must destroy all copies of the Software.

NO ASSIGNMENT: Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of CRUATECH  EULA dated 30th December 2015.

ENTIRE AGREEMENT: This Agreement represents the complete agreement concerning this license and supersedes (i) all prior agreements and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any order, acknowledgment, or similar communication between the parties. It may be amended only by a writing executed by both parties.

SEVERABILITY: If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

GOVERNING LAW: This Agreement shall be governed by and construed under Irish law as such law applies to agreements between Irish residents entered into and to be performed within Ireland , except as governed by EU law. If any term of this Agreement is inconsistent with any provision of the Uniform Computer Information Transactions Act (“UCITA”), such terms shall be enforced to the full extent allowed by law.

EXPORT LAW ASSURANCE: You acknowledge and agree that the Software may be subject to the U.S. Export Administration Regulations. Diversion of such Software contrary to U.S. law is prohibited. You agree that none of the Software, which is subject to the U.S. Export Administration Act, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, not be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. government. You are responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries. These obligations survive expiration or termination of this Agreement.