Hugin Expert A/S, hereinafter called "HUGIN", and the organization/institution specified in the order form, hereinafter called LICENSEE'', agree that the following terms and conditions will apply to the use of the computer software product specified in the order form, hereinafter called HUGIN SOFTWARE'', a copy of which is being supplied by HUGIN to LICENSEE.

 

1. Grant. HUGIN provides HUGIN SOFTWARE to LICENSEE and grants to LICENSEE a non-exclusive and non-transferable right to use this software. No license, right or interest in any trademark, trade name or service mark of HUGIN SOFTWARE or any third party from whom HUGIN SOFTWARE has acquired such license rights are granted under this License. HUGIN SOFTWARE should be used by the LICENSEE only on a computer system owned, leased or operated by the LICENSEE. The maximum number of users within each department of the organisation/institution for HUGIN SOFTWARE shall be as specified in the order form. If LICENSEE uses the HUGIN SOFTWARE for more departments within its organization a corporate license applies.

 

2. Term. This Agreement shall become effective upon its acceptance by the authorized representatives of HUGIN and LICENSEE. The Agreement shall remain in effect in perpetuity, except that HUGIN may discontinue the license or terminate the Agreement if LICENSEE fails to comply with any terms or conditions thereof.

3. Charges. Within thirty (30) days of the effective date of this Agreement, LICENSEE shall pay HUGIN the charge specified in HUGIN's current Price Schedule. LICENSEE shall also pay sales taxes if applicable.

4. Restricted Use. LICENSEE agrees to maintain HUGIN SOFTWARE source code and object code in confidence and will not make HUGIN SOFTWARE or any derivative thereof available for any use whatsoever in any form to any other individual or firm. LICENSEE agrees to take appropriate action by instruction, agreement or otherwise with all persons permitted access to HUGIN SOFTWARE or any derivative thereof to satisfy LICENSEE's protection and security obligations under this Agreement. LICENSEE may take additional copies, in whole or in part, of HUGIN SOFTWARE as necessary and incidental to its use in compliance with this Agreement, such as for archival and back-up purposes, provided that each such copy, in whole or in part, shall remain subject to all terms of this Agreement. LICENSEE shall not disassemble or decompile the HUGIN SOFTWARE.

5. Non-Assignment. Under no circumstances shall this Agreement or any of the rights granted to LICENSEE hereunder be sold, assigned or sub-licensed, voluntarily or by operation by law, to any other person or entity, and any such purported sale, assignment or sub-license shall be void. The API that ships together with the HUGIN SOFTWARE has a tight link to the installation of these packages. It's not possible to use the API's on another computer unless the whole package is installed. To be able to distribute applications using the Hugin API a Hugin OEM License is imperative. Please contact Hugin Expert A/S for further information on the Hugin OEM license.

6. Warranty. HUGIN SOFTWARE is provided without warranty of any kind, either expressed or implied, including without limitation implied warranties or merchantability and fitness for a particular purpose. HUGIN disclaims any responsibility for ease of installation, accuracy, completeness or correctness of HUGIN SOFTWARE. HUGIN does not warrant that HUGIN SOFTWARE will meet LICENSEE's requirements or that operations involving HUGIN SOFTWARE will be uninterrupted or error free.

7. Applicable Law. This Agreement shall be governed by, subject to and interpreted in accordance with Danish law, and LICENSEE and HUGIN shall submit to the jurisdiction of the Danish court.