End User License Agreement

By clicking the “Accept” button, an end user license agreement (“Agreement”) has been entered into between you and SKF Sverige AB (“SKF”), a company registered under the laws of Sweden, and you agree to be bound by the following terms and conditions. If your employer/organization has signed an agreement with an SKF entity regulating the use of SKF software, such agreement will prevail over this Agreement and you agree to comply with the provisions of such agreement. SKF may at any time update or change these terms and conditions by giving notice in the Enlight Centre release notes. 

1. Definitions

(a)   Derivative Works. The Term 'Derivative Works' shall mean any work based on the Software, such as an adaptation of the Software to another platform or operating system, or any other translation, transformation, modification, or adaptation protected by copyright law in the applicable jurisdiction. 

(b)   Effective Date. The term 'Effective Date' shall mean the date on which Licensee assents to the terms of this Agreement by clicking the 'I Accept' button.

(c)   Intellectual Property Rights. The term Intellectual Property Rights shall mean all rights arising or protectable under the copyright, trademark, patent, or trade secrets laws of any applicable country, including all rights associated with the protection of computer programs and/or source code.

(d)   Person. The term 'Person' shall mean an individual, a partnership, a company, a corporation, an association, a joint stock company, a trust, a joint venture, an unincorporated organization, or a governmental entity (or any department, agency, or political subdivision thereof).

(e)   Software. The term "Software" shall mean the software application entitled or any other software within the SKF Enlight Centre software suite. The term Software shall include any object code within the SKF Enlight Centre software suite and any and all user manuals, or other technical documentation, authorized by Licensor in connection with the SKF Enlight Centre software suite. The term "Software" includes any corrections, bug fixes, enhancements, releases, updates, upgrades, or other modifications, including custom modifications, to any software within the SKF Enlight Centre software suite and any and all user manuals. The term Software also includes any supplemental, add-on, or plug in software code provided to Licensee in the course of receiving support services directly or indirectly from Licensor. The term Software shall not be construed to include the source code for any software within the SKF Enlight Centre software suite.

2. Limited license

(a) License grant

Conditioned upon your compliance with the terms and conditions of this Agreement, SKF hereby grants to you a limited, revocable, non-exclusive, personal, non-sub licensable, non-transferable, non-assignable license to use the SKF Enlight Centre. All rights not specifically granted by SKF under this Agreement are retained by SKF and withheld from you. 

(b) Restrictions of use 

Licensee may use the Software only for its internal business purposes and only for the intended purpose. Except as expressly specified in this Agreement, you may not:

(i) copy or modify the software; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the software to any third party; (iii) use the software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;

(iv) transmit or upload any data that is unlawful, abusive, harassing, defamatory or otherwise invasive of another person’s privacy; (v) interfere or disrupt any SKF software system used in the provision of the SKF Enlight Centre or attempt to access any third parties’ data within the system. You agree not to disassemble, decompile or otherwise reverse engineer any components of the software provided in object code or any other SKF products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly 

permitted by law notwithstanding this prohibition.  

(c)   Protection of Software. Licensee understands and agrees that the source code for the Software is a valuable copyright and contains valuable trade secrets of Licensor. Licensee agrees not to discover or attempt to discover, assist or permit any Person to discover or attempt to discover, by any means whatsoever the source code of the Software.

(d)   Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 2 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement and the license granted hereunder immediately and without an opportunity to cure. This subsection 2(d) shall not be construed to preclude, or in any way effect, a finding of materiality with respect to any other provision of this Agreement.

3. Ownership

(a)   Title. Licensee understands and agrees that Licensor has been granted the right to sublicense and market the Software and that all Intellectual Property Rights related to the Software, including custom modifications to the Software, whether made by Licensor or any third party is vested in a member of the SKF Group. Licensee agrees that this Agreement effects a license, not a sale, of the Software and that any first sale doctrine which may be applicable under the governing law does not apply to the transaction effected by this Agreement. The licensed open source software and applicable license terms including credits and applicable terms for usage by the Licensee can be found via this link [insert link].

4. Limited Warranties

(a)   If nothing else has been agreed in writing, Licensor will use industry practise security technologies in providing the Software and shall strive towards making the Software available at all times (excluding necessary security and maintenance stops).

Licensor shall deliver the Software in accordance with industry standards.

If the Software does not fulfil what is set out above, Licensor shall, with the promptness the default demands correct the default if possible.

 (b) Licensor shall be entitled to provide updates and upgrades to the Software as Licensor makes them generally available to all its customers subscribing to the Software and as long as the core functionality of the Software complies with what has been set out in an agreement between the Parties.

Except as set forth herein and to the extent permitted by law SKF does not make any warranties as to the effect that the SKF Enlight Centre is error free, has a specific uptime, is available at all times or is fit for any particular purpose not specifically described in an agreement between the Parties. SKF is not responsible for any calculations made with the SKF Enlight Centre nor for any cost or losses due to decisions based on the use of the SKF Enlight Centre. Except as otherwise set out herein the SKF Enlight Centre is provided on an “as-is” basis. 

5. Limitations on Liability

(a)   Limitations and Exclusions. The aggregate liability of each Party to the other or any third party in connection with this agreement, shall not exceed an amount equal to the consideration paid for the use of the SKF Enlight Centre during the twelve (12) months preceding the event giving rise to the claim.

Notwithstanding the above and regardless of the basis of the liability, under no circumstances shall either party be liable to the other for any consequential, indirect or special, cost or damage including loss of profits, loss of business and loss of data. 

6. Changes and termination

SKF reserves the right to make changes or additions to the Software at any time. This Agreement will terminate automatically upon the earlier of: (a) your failure to comply with any term of this Agreement; and (b) if you are using the Software(s) in connection with a paid service, the end of the time period specified at time of purchase. In addition, SKF may terminate this Agreement at any time, for any reason or no reason. If this agreement terminates, you must stop using the Software.

7. Export controls

Licensee shall not export or reexport, directly or indirectly, the Software, or use the Software to export or reexport any information, without complying with pertinent export controls imposed by any applicable country (or any future export control legislation) and the regulations promulgated thereunder. 

8. Government end user

If Licensee is acquiring the Software for or on behalf of a subdivision of the U.S. federal government, this Section 8 shall apply. The Software was developed completely at private expense, is existing computer software, is a trade secret for all purposes of the Freedom of Information Act, is ''restricted computer software' and in all respects proprietary data belonging solely to or licensed by Licensor, and all rights are reserved under the copyright laws of the United States. Use, duplication, or disclosure by the Government is subject to restricted rights as set forth in subparagraphs (a)through (d) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19, or for DoD units, the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. 

9. Trademarks

Licensee agrees that SKF, or any software within the SKF Enlight Centre software suite and the trade dress, logos and other designations of source used by SKF to identify the Software are trademarks or registered trademarks of the SKF Group or its licensors. Licensee shall not use such trademarks or service marks without the prior written consent of SKF. If the Software contains any active links to web sites, you agree to maintain such active links and not redirect or modify them. Access to this 

SKF Enlight Centre does not grant to the user any license under any patents owned by or licensed to SKF.

10. Data Collection
    

    Licensee acknowledges and agrees that Licensor may collect, use and analyse technical information included in data or other information which the Licensee transfers or makes available to Licensor in the Software and information derived from Licensee’s use of the Software. Data will be aggregated. Analyses will be the proprietary, confidential and wholly owned information of Licensor. The analyses will e.g. allow Licensor to improve its products and services.

11. Personal data.
    

    Licensor will handle any personal data obtained from the Licensee in accordance with the SKF Enlight Centre Privacy Notice. Please read this Privacy Notice carefully before using the SKF Enlight Centre.