End User License Agreement

Please read this End User License Agreement (“Agreement”) carefully before using software products (“Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms, do not install, copy, or use the Software. 

 

1. DEFINITIONS

“Software” refers to software, including but not limited to any related applications, libraries, executables, and associated documentation developed by NOVATOR SOLUTIONS. 

“API” is an application programming interface that is often used to connect to another piece of software. Many of NOVATOR SOLUTIONS’s products have APIs to make them more accessible. 

“Updates” refers to any patches, improvements, upgrades, new releases, or bug fixes for the Software that may be provided by NOVATOR SOLUTIONS at its sole discretion. 

“Confidential Information” refers to all non-public information related to the Software and any proprietary techniques, trade secrets, or documentation associated with their design and functionality. 

“Object Code” means any code that is not human readable and is considered machine code that executes solely on device specific hardware. This includes, but not limited to, *.exe-files. 

 

2. LICENSE GRANT

2.1 Limited License:

Subject to the terms of this Agreement, NOVATOR SOLUTIONS (“Licensor”) grants you a limited, non-exclusive, non-transferable, sublicensable license to use the Software solely for personal, internal, or commercial purposes as permitted by this Agreement. 

2.2 License Restrictions:

You may not:  

– Copy, modify, distribute, or reverse-engineer the Software, or any associated APIs or functionality. 

– Transfer, sublicense, lease, lend, rent, or otherwise distribute the Software or any part thereof to any third party. Unless express written consent of NOVATOR SOLUTIONS is given. 

– Use the Software for any other purpose than in accordance with specifications and this agreement, as permitted by Licensor.

– Attempt to decompile, disassemble, or reverse-engineer any aspect of the Software.
 

3. OWNERSHIP AND INTELLECTUAL PROPERTY OWNERSHIP

3.1 Ownership: All rights, title, and interest in and to the Software, and related documentation are owned by NOVATOR SOLUTIONS or its licensors. This Agreement grants no ownership rights to you. 

3.2 Protection API and subcomponents: API and possible subcomponents are proprietary and contain confidential and trade-secret information of NOVATOR SOLUTIONS. You agree to use your best efforts to protect this information from unauthorized disclosure or use.  

3.3 No Derivative Works: You shall not create any derivative works based on the Software, API, or other subcomponent, nor may you alter, modify, or adapt any part of the Software, API, or subcomponent. 

 

4. RESTRICTIONS ON USE

4.1 Device-Specific Use: Many products from NOVATOR SOLUTIONS have required hardware connection. Every device needs a unique license key provided by NOVATOR SOLUTIONS. 

4.2 Security and Compliance: You shall not use the Software, API, or subcomponent in any manner that could compromise the security, integrity, or functionality of any hardware, Software, or any related systems. 

4.3 No Extraction of Object Code: You agree not to extract, attempt to extract, or otherwise access the Object Code in a format that is not directly usable in conjunction with the Software as intended by the Licensor. 

 

5. CONFIDENTIALITY

5.1 Confidential Information:

The Software, API, or subcomponent, and related documentation constitute confidential information of NOVATOR SOLUTIONS. You agree to protect and not disclose such information to third parties. 

5.2 Protection:

You agree to safeguard all components of the Software and API with at least the same level of care as you would your own confidential information but no less than a reasonable standard of care. 

 

 6. UPDATES AND SUPPORT

6.1 Updates:

NOVATOR SOLUTIONS may, at its sole discretion, provide updates, patches, or new releases (“Updates”) of the Software. These Updates may modify or add to the functionality of the Software and are governed by this Agreement unless accompanied by a separate license agreement. 

6.2 Support:

Support and maintenance services for the Software, Windows API, or any subcomponent are not included in this Agreement and may be available under a separate support agreement with NOVATOR SOLUTIONS. 

 

7. TERMINATION

7.1 Termination by You: You may terminate this Agreement by uninstalling and ceasing all use of the Software. 

7.2 Termination by Licensor: NOVATOR SOLUTIONS may terminate this Agreement immediately if you fail to comply with any terms of this Agreement. Upon termination, you must uninstall and destroy all copies of the Software and related documentation in your possession. 

7.3 Effect of Termination: Upon termination, all rights granted to you under this Agreement will immediately cease, and you shall discontinue all use of the Software, Windows API or components. 

 

8. LIMITED WARRENTY

NOVATOR SOLUTIONS warrants that the Software will perform in accordance with the specifications and advertised performance metrics for a period of thirty (30) days from the date of shipment, provided it is installed and operated under normal conditions and in compliance with NOVATOR SOLUTIONS instructions. If, within this period, the Software fails to perform as warranted, NOVATOR SOLUTIONS will, at its discretion, provide support at no additional charge. This limited warranty is void if any unauthorized modifications, reverse engineering, or misuse of the Software occurs. 

 

 9. DISCLAIMER OF ADDITIONAL WARRANTIES

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY NOVATOR SOLUTIONS (HEREINAFTER “LICENSOR”), LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN ANY LIMITED WARRANTY DOCUMENTS ACCOMPANYING THE NI FPGA HARDWARE. LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS OR OPERATE UNDER SPECIFIC CONDITIONS OF USE. LICENSOR DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED. YOU BEAR SOLE RESPONSIBILITY FOR DETERMINING WHETHER THE SOFTWARE MEET YOUR REQUIREMENTS FOR SECURITY, RELIABILITY, AND FUNCTIONALITY. LICENSOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY DATA LOSS OR DAMAGES RESULTING FROM THE SOFTWARE, FPGA BITFILE, OR FPGA DEVICE FAILING TO MEET THESE SPECIFIC NEEDS. 

 

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NOVATOR SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST PROFITS, OR BUSINESS LOSSES) ARISING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE BY NOVATOR SOLUTIONS OR ANY OTHER PARTY, EVEN IF NOVATOR SOLUTIONS HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE EXTENT THAT APPLICABLE LAW LIMITS LICENSOR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

11. GOVERNING LAW AND JURISDICTION

11.1 Governing Law: This Agreement is governed by and construed in accordance with the laws of Sweden, without regard to its conflicts of law principles. 

11.2 Jurisdiction: All disputes arising out of or in connection with this Agreement are subject to the exclusive jurisdiction of the Swedish court, Stockholms handelskammares skiljedomsinstitut. 

 

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and NOVATOR SOLUTIONS concerning the use of the Software superseding any prior or contemporaneous agreements, communications, or understandings. 

 

By using the Software, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms.