This End-User License Agreement ("EULA") is a legal agreement between you and CXU Aps ("CXU"), which governs your use of CXU software that will be downloaded from this website or be shipped to you by email from CXU to your computer hardware ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may install, modify, configure and use the downloaded or shipped SOFTWARE in accordance with the terms of this EULA. If you do not agree to the terms of this EULA, CXU shall not be deemed to have licensed the SOFTWARE to you. In such case you are not authorized by CXU and you may not use the SOFTWARE.
All rights, titles and interest in and to the SOFTWARE and the files associated therewith are owned by CXU. The foregoing rights to the SOFTWARE are licensed to you as prescribed in the following Article 2. In any event this provision should not be construed in any way as an expression to assign or sell any copyrights of or any other intellectual property rights to the SOFTWARE from CXU to you.
| 2.1 | CXU grants you a non-exclusive, non-transferable license to install the
SOFTWARE, modify the SOFTWARE and use the SOFTWARE.
Please note: the SOFTWARE is FREE of charge under the conditions in this license agreement. |
| 2.2 | CXU further grants you a license to make and store copies of the SOFTWARE solely for archival purposes. |
| 2.3 | Except for expressly stipulated in Sections 2.1 and 2.2 above, CXU does not grant you any license relating to the SOFTWARE. Except to the extent expressly permitted by applicable law, you may not, (i) make any copies of the SOFTWARE except as expressly permitted in accordance with Sections 2.1 and 2.2 of this EULA, (ii) rent or lease the SOFTWARE, (iii) make available to download the SOFTWARE to the public, or (iv) transfer the SOFTWARE to any third person or parties by wire or any other means. |
To the extent allowed by law this SOFTWARE is provided to you "as is" without warranties or conditions of any kind, whether written or oral, implied or express. CXU specifically disclaims any implied conditions or warranties of satisfactory quality, merchantability, non-infringement and/or fitness for a particular purpose.
In no event shall CXU be liable for any loss of business opportunities, loss of data, loss of use of data, interruption of business, loss of profits or for indirect, special, punitive, incidental, exemplary or consequential damages of any kind arising out of the inability to use, the use of or the results of use of the SOFTWARE, whether based in tort, contract or otherwise. Your use of the SOFTWARE is entirely at your own risk. Should the SOFTWARE prove defective you assume the entire cost of all repair, service or correction and, to the extent permitted by the applicable law, you agree to unconditionally waive all statutory or other rights that may be held by you against CXU in respect of such defect. Notwithstanding the above, these terms do not purport to limit the statutory rights of a consumer that cannot be waived under the applicable law.
This EULA will become effective upon your acceptance and continue in effect unless you cease to use the SOFTWARE. However, CXU may terminate this EULA without notice.
This English language translation of the original Danish language EULA is governed and controlled under the jurisdiction of the laws of Denmark. If any of the provisions of this EULA shall be declared void, such provisions shall be severable and independent from the other provisions of this EULA, and the validity of the other provisions and of the entire EULA shall not be affected.
In the event you have agreed to or accepted with other terms and conditions offered by CXU with respect to the use of the SOFTWARE subject to this agreement, such other terms shall prevail in all respects to the extent of any conflict with terms and conditions set forth in this agreement, and non-existence of applicable or corresponding terms in this agreement.