End-User License Agreement (EULA) of Hawkin Dynamics Cloud application
(https://cloud.hawkindynamics.com)This End-User License Agreement ("EULA") is a legal agreement between you (“end-user”) and Hawkin Dynamics Inc.. (US Delaware Corporation). This EULA agreement governs your acquisition and use of our Hawkin Dynamics Cloud application software ("Software") directly from Hawkin Dynamics Inc. or indirectly through a Hawkin Dynamics Inc. authorized re-seller or distributor (a "Reseller").Please read this EULA agreement carefully before completing the installation process and using the Hawkin Dynamics Cloud application software. It provides a license to use the Hawkin Dynamics Cloud application software and contains warranty information and liability disclaimers.If you register for a free trial of the Hawkin Dynamics Cloud application software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Hawkin Dynamics Cloud application software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.This EULA agreement shall apply only to the Software supplied by Hawkin Dynamics Inc. here with regardless of whether other software is referred to or described herein. The terms also apply to any Hawkin Dynamics Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so,those terms apply.
Hawkin Dynamics Inc. hereby grants you a personal, non-transferable, non-exclusive license to use the Hawkin Dynamics Cloud application software on your devices in accordance with the terms of this EULA agreement.You are permitted to load the Hawkin Dynamics Cloud application software (for example a PC,laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Hawkin Dynamics Cloud application software.You are not permitted to :- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt todo any such things- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose- Allow any third party to use the Software on behalf of or for the benefit of any third party- Use the Software in any way which breaches any applicable local, national or international law- use the Software for any purpose that Hawkin Dynamics Inc. considers is a breach of this EULA agreement
Intellectual Property and Ownership
Hawkin Dynamics Inc. shall, at all times, retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Hawkin Dynamics Inc..
Data Ownership and Integrity
User data, however, is the sole ownership of the end-user and is not the property of Hawkin Dynamics – at any time. Hawkin Dynamics will not access or download any user-data without express written consent, and with good cause. Under no circumstances will Hawkin Dynamics view or download user-data for any purpose.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Hawkin Dynamics Inc. Licenses are granted on a yearly, on-going basis. Any user who wishes to cancel their contract shall retain ownership of all data and records that were generated while using the Hawkin Dynamics software. Hawkin Dynamics will make user data available upon termination for a period of no less than 12-months, to ensure that users can download their full data-sets before it is removed from the servers.It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the country of residence of the end-user.
Shipping and Import/Export
Shipping costs will be included in quotes and invoices furnished to customers. Customer must notify Hawkin Dynamics of any damage sustained in transit within 7 days of delivery. Customers are solely responsible for all customs duties, taxes, and other fees associated with the import of products, to be paid prior to delivery of products.