POWER-KI(R) RC 10.0 End User License Agreement (EULA)

You have received the software as part of the POWER-KI Try Program.
The terms and conditions of the POWER-KI(R) RC 10.0 , TRY 1 license agreement applies to your use of the software.

XPLAB PRE-RELEASE SOFTWARE LICENSE TERMS
XPLAB POWER-KI(R) RC 10.0 , TRY 1

These license terms are an agreement between:

XPLAB s.a.s. Research in Automation - Brescia - ITALY and you.
provided that you do not belong in any way to one of the following Organizations:
- WEBdeBS - .

Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any.

The terms also apply to any XPLAB
• updates,
• supplements,
• Internet-based services, and
• support services for this software,
unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS.
• General. You may install and use one copy of the software on your premises to design, develop and test your programs for use with the software.
• Included XPLAB Programs. These license terms apply to all XPLAB programs included with the software.
• Third Party Programs. The software contains third party programs. The license
terms with those programs apply to your use of them.

2. INTERNET-BASED SERVICES.
XPLAB provides Internet-based services with the software. It may change or cancel them at any time.

3. TIME-SENSITIVE SOFTWARE.
The software will stop running on October 2024. You will not receive any other notice. You may not be able to access data used with the software when it stops running.

4. PRE-RELEASE SOFTWARE.
This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.

5. FEEDBACK.
If you give feedback about the software to XPLAB , you give to XPLAB , without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a XPLAB software or service that includes the feedback. You will not give feedback that is subject to a license that requires XPLAB to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

6. SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to use the software. XPLAB reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

You may not:
• disclose the results of any benchmark tests of the software to any third party without XPLAB ’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent,lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for any commercial use comprise software hosting services.

7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

8. ENTIRE AGREEMENT.
This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

9. APPLICABLE LAW. ITALY.
You acquire the software in ITALY. Italian or European laws governs the interpretation of this agreement and applies to claims for break of it, regardless of conflict of laws principles. This does not prevent XPLAB to invoke the laws of the state where you live. All above also relative to consumer protection laws, unfair competition laws, and in tort.

10. LEGAL EFFECT.
This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so an if applicable in respect to the above point 9 of this agreement.

11. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. XPLAB GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, XPLAB EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.

YOU CAN RECOVER FROM XPLAB AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO euro €1-. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to :
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if XPLAB knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
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