EULA is a legal agreement between you (either an individual or a single legal entity) and Ophthalytics LLC for the Ophthalytics LLC software which accompanies this EULA and which includes related media and Ophthalytics LLC Internet services (the “Software”).
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single legal entity) and Ophthalytics LLC for the Ophthalytics LLC software which accompanies this EULA and which includes related media and Ophthalytics LLC Internet services (the “Software”). BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT THE TERMS OF THIS EULA BINDS YOU. IF YOU DISAGREE WITH THE TERMS OF THIS EULA, PLEASE DO NOT INSTALL, COPY OR USE THE SOFTWARE.
Ophthalytics LLC grants you the following rights, provided that you comply with all the terms of this EULA:
1.1 Installation and use. You are authorized to:
(a) install and use one copy of the Software on a personal computer or any other device.
1.2 Other rights for network storage/use. As an alternative to the rights granted to you in paragraph 1.1 (a), you are authorized to install one copy of the Software on a network storage device, such as a server computer, and enable an access device such as a personal computer to access the copy under the Software license on a private network and use it. You must acquire a user license for the Software for each additional device accessing the Software installed on the network storage device and using it unless authorized explicitly under article 1.4 of this EULA.
1.3 License for documentation. The license for the documentation accompanying the Software is granted for reference purposes for internal, non-commercial purposes only.
2. DESCRIPTION OF THE OTHER RIGHTS AND LIMITATIONS.
2.1 Mandatory activation.
THIS SOFTWARE CONTAINS TECHNOLOGIES DESIGNED TO PREVENT ANY FRAUDULENT USE OF THE SOFTWARE. Therefore, it is possible that you may not be able to exercise your rights concerning the Software under this EULA after a limited number of launches of the Product unless you activate your copy of the Software by entering the activation code supplied by Ophthalytics LLC. You may also have to reactivate the Software if you change your computer equipment or the Software. Ophthalytics LLC will use these technologies to check if you have a copy of the Software under a bona fide license. If you do not use a licensed copy of the Software, you are not authorized to install the Software or its future updates. Ophthalytics LLC does not collect any personal identification data on your device during this process.
3. RESERVED RIGHTS AND OWNERSHIP.
Ophthalytics LLC reserve all rights which are not specifically granted to you in this EULA. The Software is protected by international copyright and intellectual property laws and treaties. The property rights, copyrights, and other intellectual property rights concerning the Software belong to Ophthalytics LLC. The Software is licensed, not sold. This EULA does not grant you any rights to the trademarks or service marks belonging to Ophthalytics LLC.
4. RESTRICTIONS RELATIVE TO REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You are not authorized to reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. RENTAL PROHIBITED.
You are not authorized to lend or rent out the Software for any purpose whatsoever (commercial or non-commercial).
6. AUTHORIZATION TO USE DATA.
You authorize Ophthalytics LLC and its affiliates to collect and use the technical data concerning the Software gathered during support services supplied to you, if applicable. Ophthalytics LLC may use this information for the sole purpose of improving its products or to provide you with customized services or technologies and undertakes not to divulge this information in any form which could allow you to be personally identified.
7. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, additional modules, or Internet services for the Software provided or made available by Ophthalytics LLC after the date you obtained your initial copy of the Software unless other conditions apply to them. Ophthalytics LLC reserves the right to end the Internet services provided or made accessible via the Software.
To use Software presented as an update, you must hold a license enabling you to use the Software identified by Ophthalytics LLC as being eligible for the update. When you install the update, you are no longer authorized to use the initial Software that formed the basis for your upgrade eligibility, except as part of the updated Software.
9. SOFTWARE NOT FOR RESALE.
You are not authorized to resell the Software or transfer it against payment or to use it for purposes other than demonstration, test or evaluation.
10. DISSOCIATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may not be separated to use them on more than one device.
Without prejudice to any other rights, Ophthalytics LLC may terminate this EULA without notice if you fail to comply with any terms and conditions of this Agreement. In this case, you must destroy all copies of the Software and all its components.
12. ENTIRETY OF AGREEMENTS; INDEPENDENCE OF CLAUSES.
This EULA constitutes the entire agreement between you and Ophthalytics LLC concerning the software and support services (if any). It cancels and replaces all previous and current communication, proposals and declarations, either verbal or written, relative to the Software or any other object covered by this EULA. If any stipulation of this EULA is deemed void, invalid, unlawful or unenforceable by a court of competent jurisdiction the remaining provisions of this EULA will remain in full force and effect.
Ophthalytics LLC warranty. This warranty has no effect on the legal rights - The warranty below is not limited to any area and has no effect on any legal rights you may have from your dealer or from Ophthalytics LLC if you bought the Product directly from Ophthalytics LLC.
The warranty - The Product is designed and provided as being a general usage product and is not intended to satisfy the specific needs of any one user. You acknowledge that the Product is not error-free and that we strongly advise you to back up your files regularly. Provided that you have a valid license, Ophthalytics LLC guarantees that a) the Product will perform substantially in accordance with the documentation accompanying the Product, for a period of ninety (90) days as from the date of receipt of your license to use the Product or for the shortest duration authorized by the applicable regulations and that b) the support services provided by Ophthalytics LLC will be substantially consistent with the description given in the applicable printed documents supplied by Ophthalytics LLC and the Ophthalytics LLC support engineers will make every reasonable effort and will use all their skills to solve any problem submitted to them. In the event that the Product is not compliant with this warranty, Ophthalytics LLC may repair or replace the Product. This warranty will not be applicable if the Product defect is the result of an accident, use which has caused damage or inappropriate use. Any replacement Product will be guaranteed either for the initial warranty period remaining or for thirty (30) days, whichever is the longest. You acknowledge that the above-mentioned warranty constitutes your only warranty for the Product and all support services.
Exclusion of all other terms - To the full extent permitted by the applicable regulations and subject to the above-mentioned warranty, Ophthalytics LLC excludes all warranties, conditions and other terms, express or implied (whether legal, customary, indirect or other) including, in particular, implied warranties of satisfactory quality and fitness for a specific use relative to the Product and the written documentation accompanying the Product. All limited warranties which cannot be excluded are limited to ninety (90) days or the shortest duration authorized by the applicable regulations, the longest period being applicable.
Limitation of liability - Within the limits allowed by the applicable regulations, Ophthalytics LLC can under no circumstances be held liable for damage of any kind whatsoever (in particular lost profits, business interruptions, loss of commercial information or any other financial loss) resulting from the use of or inability to use the Product, even if Ophthalytics LLC has been informed of the possibility thereof. In any event, the full liability of Ophthalytics LLC under any stipulation of this contract may not exceed the amount actually paid by you for the Product. These limitations are not applicable to any liability that cannot be excluded or limited under applicable law.
Applicable law - This Agreement is governed by French law.
For any question you may wish to ask concerning this EULA or if you wish to contact Ophthalytics LLC directly for any reason whatsoever, please write to us at: Ophthalytics LLC, 2830 Arabian trail NE Marietta GA 30062, For information you may contact us at +1-862-222-6680 or firstname.lastname@example.org