Newest release:

Embedded Profiler 1.2.3
Release notes
26. 1. 2015

END-USER LICENSE AGREEMENT FOR EMBEDDED PROFILER

ECCAM S.R.O. (“ECCAM”) IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU IF YOU ACCEPT THE TERMS IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.

Definitions

“Agreement” refers to this End-User License Agreement.

“License Term” means a period from the Effective Date when you have right to use the Software.

“Open Source Software” means individual software components that are provided with the Software, for which the source code is made generally available, and that are licensed under the terms of various published open source software license agreements or copyright notices accompanying such software components.

“Software” means EMBEDDED PROFILER computer program and all components that you obtain from Eccam in binary form and all other machine readable materials that are included with such software or are provided for use with it, including (a) any updates or error corrections provided by Eccam and (b) any user manuals and other documentation provided by Eccam.

License

Under this Agreement, Eccam grants you a limited, non-exclusive, non-transferable right license to do the following:

  • Install and use the Software during the License Term on the agreed number of computers indicated in the Documentation or in the license certificate issued by Eccam (“Embedded Profiler Licence”);

  • Make a necessary number of backup copies of the Software for backup and archival purposes only; and

  • Use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network;

The Software is licensed, not sold. The Software is the property of Eccam or its licensors and is protected by copyright law. You are granted non-exclusive license rights only, which take effect after your acceptance of this license. No right, title or interest is granted except as expressly stated in this Agreement.

Restrictions

You may not:

  • Prepare derivate works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement;

  • Use the Software as part of a facility management, timesharing, service provider,
    software-as-a-service (“SaaS”) or service bureau arrangement;

  • Sell, rent, lease, distribute, sublicense, loan or otherwise transfer any portion of the Software;

  • Alter or remove any proprietary notices in the Software or Documentation;

  • Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code for the Software or create derivative works from the Software;

  • Make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Eccam;

  • Use the Software in any manner not authorized by this Agreement.

Delivery and Software License Keys

The Software is only available electronically, online or via download, and will not be available in any other format. You understand and agree that a Software license key may be used by Eccam to enable the Software (or its features), that any such license key may only be valid during the License Term, and that in the absence of any renewal of the License Term, the Software (or its features) may be disabled automatically upon the expiration of the License Term. Finally, you understand and agree that upon activation, the Software will provide certain information to Eccam regarding your use of the Software.

New Versions of the Software

Eccam, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software. Eccam has no obligation to make available to you any modifications, updates, support, maintenance or subsequent versions of the Software. You may have to agree to a renewed version of this Agreement in the event you want to download, install or use any modifications, updates or new versions of the Software. You acknowledge that Eccam may automatically issue any modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your computer. You hereby agree that your computer may automatically request and/or receive such modifications, upgrades or updates.

Support

Eccam shall provide technical support at their own discretion, without any guarantees or declarations. You are required to back up all existing data, software and program facilities prior to the provision of technical support. Eccam cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. Eccam reserve the right to decide that resolving the problem is beyond the scope of technical support. Eccam reserves the right to refuse, suspend or terminate the provision of technical support at its own discretion.

Third Party Software

Additional copyright notices and license terms applicable to portions of the Software from third parties may apply. Any such terms can be found on About box of Embedded Profiler Performance Analyzer. By accepting this Agreement, you also accept the third party terms.

Disclaimer of Warranty

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ECCAM AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES FURNISHED OR PROVIDED TO LICENSEE UNDER THIS AGREEMENT. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FURTHER, ECCAM DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ECCAM OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ECCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Eccam’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

Indemnification

You agree to defend, indemnify, and hold harmless Eccam and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Software. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Eccam if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, all license grants end and you must destroy all copies of Software and cease all use.

Export Regulations

All Software and technical data delivered under this Agreement are subject to European Union export control laws and may be subject to export or import regulations in other countries. You agree to comply with all such laws and regulations.

Licensing for Public Authorities

The Software shall be provided to public authorities including the United States Government with the license rights and restrictions described in this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic, EU. You and Eccam hereby agree that the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that any disputes or claims ensuing from this Agreement with respect to Eccam or any disputes or claims relating to use of the Software shall be settled by Prague District Court and you expressly agree to the said court exercising jurisdiction.

General Provisions

If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

This Agreement is the entire agreement between you and Eccam relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.