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4. No warranties
4.1 THE SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. IMI HYDRONIC
ENGINEERING DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES,
CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. IMI HYDRONIC ENGINEERING FURTHER DOES
NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
4.2 THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH
END USER, E.G. END USER ASSUMES FULL RESPONSIBILITY FOR ITS USE OF THE SOFTWARE AND ANY
INFORMATION ENTERED, USED AND STORED THEREON. END USER ASSUMES FULL RESPONSIBILITY FOR
ENSURING THAT DATA IS NOT INADVERTENTLY MODIFIED, DELETED, DESTROYED OR DISCLOSED.
4.3 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL IMI HYDRONIC
ENGINEERING BE LIABLE FOR ANY PRODUCT LIABILITY, LOSS OF OR DAMAGE TO REVENUES, PROFITS
OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
RESULTING FROM IMI HYDRONIC ENGINEERING’S PERFORMANCE OR FAILURE TO PERFORM PURSUANT
TO THE TERMS OF THIS AGREEMENT, OR RESULTING FROM THE FURNISHING, PERFORMANCE, OR
USE OR LOSS OF USE, LOSS OF DATA OR LOSS OF ANY SOFTWARE OR OTHER MATERIALS DELIVERED,
INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF BUSINESS, EVEN IF END USER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Intellectual Property rights
5.1 IMI Hydronic Engineering is the owner of all copyright, trademarks, patents, trade secrets and any other
intellectual property rights which subsist in or relate to the Software and these properties shall always remain
vested in IMI Hydronic Engineering.
5.2 Nothing in this Agreement shall be construed as a sale of the Software. Any and all rights not expressly
granted by this Agreement to the End User are reserved by IMI Hydronic Engineering.
6. Term and termination
6.1 The license granted hereunder shall commence upon the execution of the agreement between IMI Hydronic
Engineering and the End User’s acceptance of the terms and conditions herein contained, and shall continue in
effect unless terminated earlier pursuant hereto.
6.2 The license granted hereunder is effective until terminated by End User or IMI Hydronic Engineering. IMI
Hydronic Engineering has the right to terminate the Agreement immediately if End User fails to comply with any
term of this Agreement. Upon termination of the Agreement, End User shall cease all use of the Software, and
destroy all copies, full or partial, thereof.
7. Disputes and governing law
7.1 Any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach,
termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of
the Stockholm Chamber of Commerce. The Rules for Expedited Arbitrations of the Arbitration Institute of the
Stockholm Chamber of Commerce shall apply, unless the institute – taking into account the complexity of the
case, the amount in dispute and other circumstances – determines, in its discretion, that the Arbitration Rules of
the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the institute shall
also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The seat of arbitration shall
be Gothenburg, Sweden. The language of the arbitration shall be English.
7.2 This Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its
conflict of laws principles providing for the application of the laws of any other jurisdiction.
End User License Agreement
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