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END USER LICENCE AGR EEMENT – EMBEDDED SOFTWARE
The Embedded Software supplied under this End User Licence Agreement (EULA) shall be subject to the following terms
and conditions:
1.
Definitions
"Applicable Law" means any: (i) law including any statute, statutory instrument, bye-law, order, regulation,
directive, treaty, decree, decision (as referred to in Article 288 of the Treaty on the Functioning of the European
Union) (including any judgment, order or decision of any court, regulator or tribunal); (ii) rule, policy, guidance
or recommendation issued by any governmental, statutory or regulatory body; and/or (iii) industry code of
conduct or guideline in force from time to time which relates to this EULA and/or the Hardware.
"Commercial Terms" means any legally binding document relating to the sale or supply of the Hardware to the
Customer or dealing with the subject matter of this EULA, including under which payment is made for the
Hardware by the Customer.
"Company" means ASSA ABLOY Ltd trading as Traka and shall include the Company's successors and assigns.
"Customer" means the person, firm or company with whom this EULA is made.
"Data Protection Laws" means all Applicable Laws relating to data protection, the processing of personal data
and privacy, including: (i) the Data Protection Act 1998; (ii) (with effect from 25 May 2018) the General Data
Protection Regulation (EU) 2016/679; and (iii) the Privacy and Electronic Communications (EC Directive)
Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications);
and references to "Data Processor", "Data Subjects", "Personal Data", "Process", "Processed", "Processing"
"Processor" and "Supervisory Authority" have the meanings set out in, and will be interpreted in accordance
with, such Applicable Laws.
"Documentation" means materials such as manuals, user guides or similar materials associated with or related
to the Hardware.
"Embedded Software" means all software including firmware on or embedded in the Hardware at the date of
manufacture together with any updates or newer versions made available by the Company from time to time.
"Hardware" means the product acquired from the Company or its authorised partner, including all Embedded
Software and Documentation.
"Intellectual Property Rights" means all intellectual and industrial property rights of any kind whatsoever
including, but not limited to, patents, supplementary protection certificates, registered trademarks,
unregistered trademarks, rights in know-how, registered designs, models, unregistered design rights, rights
to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs
and computer software or otherwise), database rights, topography rights, any rights in any invention, discovery
or process and applications for and rights to apply for any of the foregoing, in each case in the United Kingdom
and all other countries in the world and together with all renewals, extensions, continuations, divisions reissues,
re-examinations and substitutions.
"Supplier" means the entity from which the Hardware was purchased by the Customer being the Company or
one of its authorised partners.
"Warranty Period" means the 12 months following the date of sale by the Company of the Hardware to which
the Embedded Software relates.
2.
Licence
2.1
In consideration of the payment of the price for the Hardware to the Company or its authorised partner, the
Company hereby grants a perpetual, non-exclusive, non-transferable licence for the use of the Embedded
Software solely for use with the Hardware.
2.2
By installing and/or operating the Hardware, the Customer agrees to the terms of this EULA.
V4.3 10/09/19
This Document is uncontrolled when printed unless over stamped "CONTROLLED DOCUMENT"
UD0090
Page 138 of 143
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