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”) andHawkin Dynamics Limited. (UK Companies house #10233159)This EULA agreement governs your acquisition and use of our Hawkin Dynamics Cloudapplication software ("Software") directly from Hawkin Dynamics Limited or indirectly through aHawkin Dynamics Limited authorized reseller or distributor (a "Reseller").Please read this EULA agreement carefully before completing the installation process and usingthe Hawkin Dynamics Cloud application software. It provides a license to use the HawkinDynamics Cloud application software and contains warranty information and liabilitydisclaimers.If you register for a free trial of the Hawkin Dynamics Cloud application software, this EULAagreement will also govern that trial. By clicking "accept" or installing and/or using the HawkinDynamics Cloud application software, you are confirming your acceptance of the Software andagreeing 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, yourepresent that you have the authority to bind such entity and its affiliates to these terms andconditions. If you do not have such authority or if you do not agree with the terms andconditions of this EULA agreement, do not install or use the Software, and you must not acceptthis EULA agreement.This EULA agreement shall apply only to the Software supplied by Hawkin Dynamics Limitedherewith regardless of whether other software is referred to or described herein. The terms alsoapply to any Hawkin Dynamics Limited updates, supplements, Internet-based services, andsupport services for the Software, unless other terms accompany those items on delivery. If so,those terms apply.
License GrantHawkin Dynamics Limited hereby grants you a personal, non-transferable, non-exclusive licenseto use the Hawkin Dynamics Cloud application software on your devices in accordance with theterms 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 meetsthe 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 Softwarenor permit the whole or any part of the Software to be combined with or become incorporated inany 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 Limited considers is a breach of thisEULA agreement
Intellectual Property and OwnershipHawkin Dynamics Limited shall, at all times, retain ownership of the Software as originallydownloaded by you and all subsequent downloads of the Software by you. The Software (andthe copyright, and other intellectual property rights of whatever nature in the Software, includingany modifications made thereto) are and shall remain the property of Hawkin Dynamics Limited.
Data Ownership and IntegrityUser data, however, is the sole ownership of the end-user and is not the property of HawkinDynamics – at any time. Hawkin Dynamics will not access or download any user-data withoutexpress written consent, and with good cause. Under no circumstances will Hawkin Dynamicsview or download user-data for any purpose.
TerminationThis EULA agreement is effective from the date you first use the Software and shall continueuntil terminated. You may terminate it at any time upon written notice to Hawkin DynamicsLimited. Licenses are granted on a yearly, on-going basis. Any user who wishes to cancel theircontract shall retain ownership of all data and records that were generated while using theHawkin Dynamics software. Hawkin Dynamics will make user data available upon terminationfor a period of no less than 12-months, to ensure that users can download their full datasetsbefore 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 terminateand you agree to stop all access and use of the Software. The provisions that by their naturecontinue and survive will survive any termination of this EULA agreement.
Governing LawThis 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 ofthe end-user.