EULA

End-User License Agreement (EULA) for MotorLab v.2022

Note that no software support is provided by the developer and no warranty is implied. Also note that this software may not work as expected in virtualized environments.

This End-User License Agreement (“EULA”) is a legal agreement between you and Carlsen Research and Development (Carlsen R&D)

This EULA agreement governs your acquisition and use of our MotorLab software (“Software”) directly from Carlsen R&D or indirectly through a Carlsen R&D authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the MotorLab software. It provides a license to use the MotorLab software and contains warranty information and liability disclaimers.

If you register for a free trial of the MotorLab software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the MotorLab software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Carlsen R&D herewith regardless of whether other software is referred to or described herein. The terms also apply to any MotorLab updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Carlsen R&D hereby grants you a non-transferable, non-exclusive licence to try the MotorLab software in trial mode on your device(s) in accordance with the terms of this EULA agreement. Purchase of a full license will grant you a license to use the MotorLab software on a single device for either 1-year or until August 30 of the year corresponding to the version of MotorLab (see license expiry terms for details).

You are permitted to load the MotorLab software on computing device(s) (for example a PC, laptop, mobile, or tablet) under your control. In cases where a site license is purchased, the software can be installed on the agreed upon number of devices, and it is also permitted to provide secure access to MotorLab software to authorized individuals through virtual environments such as Citrix if such an agreement exists between Carlsen R&D and the purchaser. You are responsible for ensuring your device meets the minimum requirements of the MotorLab software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Resell the Software for any non-educational, or commercial purpose
  • Allow any non-authorized third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that Carlsen R&D considers is a breach of this EULA agreement
  • Use the Software for any purpose beyond the license expiry date provided with this software

Intellectual Property and Ownership

This Software is copyright © 2021 by Carlsen R&D. Carlsen R&D shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Carlsen R&D.

Carlsen R&D reserves the right to grant licences to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until licence expiry or until otherwise terminated. You may terminate it at any time upon written notice to Carlsen R&D.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Canada.

Disclaimer of warranty

With regard and with relationship to the maximum extent permitted by applicable law, Carlsen R&D, and, if applicable, related suppliers, shall provide the Software and any contracted support services, if needed, related to the Software, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services. Furthermore, there is no warranty or condition of title, quiet enjoyment, quiet possession, or non-infringement with regards to the herein contained product. The entire risk as to the quality of, or performance of the product and support services, if any, rests with you.

Limitation of liability and remedies

In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of Carlsen R&D and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Software. Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.