LICENSE

Swiftec by Swiftec, LDA. (c) 2006-2025

Software License Agreement

Definitions.

1. "Licensor" means Swiftec, LDA.

2. "You"/"Your" means you and/or your company.

3. "Software" means the product provided to You, which includes computer software and may include modules, solutions, associated media, printed materials and "online" or electronic documentation.

Scope of License.

Subject to terms of this license, Licensor grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use the Software, only for Your internal purposes.

Ownership.

1. The Software is owned and copyrighted by Licensor and/or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

2. THE SOFTWARE IS LICENSED, NOT SOLD. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software.

3. You agree that aspects of the licensed materials, including the specific design and structure, solutions of individual programs, constitute trade secrets and/or copyrighted material of Licensor.

4. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Licensor.

5. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material.

6. Title to Software and documentation shall remain solely with Licensor.

7. In order to ensure the provision of a quality service to all its customers, Licensor can define a policy of responsible usage applicable to License.

Disclaimer of Warranty.

1. The Software is provided on an "AS IS" basis, without warranty of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non- infringement.

2. The entire risk as to the quality and performance of the Software is borne by You.

3. Should the Software prove defective, or if any part, including its solutions, You, not Licensor or its licensors, assume the entire cost of any service and repair. The Licensor has no responsibility for any damage caused to You or others if the Software prove defective or if any part, including its solutions.

4. If the Software is intended to link to, extract content from or otherwise integrate with a third party service, Licensor makes no representation or warranty that Your particular use of the Software is or will continue to be authorized by law in Your jurisdiction or that the third party service will continue to be available to You.

5. In no event shall Licensor's or its suppliers' liability to You, whether in contract, tort (including negligence), or otherwise, exceed the price paid by You.

6. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.

7. This disclaimer of warranty constitutes an essential part of the agreement.

SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

Limitation of liability.

1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Licensor OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES.

2. IN NO EVENT WILL Licensor OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID TO LICENSE THE SOFTWARE, EVEN IF YOU OR ANY OTHER PARTY SHALL HAVE INFORMED Licensor OR ITS LICENSORS OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM.

3. NO CLAIM, REGARDLESS OF FORM, MAY BE MADE OR ACTION BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT.

4. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL Licensor OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF Licensor OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Liability.

1. The consumer obtains the license to use the Software and assumes all responsibilities arising from the use of the software.

2. Licensor is exempt from any liability for the consumer's use of the program.

3. During the term of the license to use the Software, responsibility for using the program is transferred to the consumer.

Use the Software in other countries.

1. In some countries, use of the Software or some of its features may not be legal.

2. For the consumer to be able to use the program in these countries he needs to obtain, from the competent services, the necessary licenses and authorizations.

3. Obtaining licenses and authorizations to use Software in countries where it is not recognized is the sole and exclusive responsibility of the final consumer.

Grant of License.

1. Licensor grants You a non-exclusive and non-transferable license to use the Software in object code form on a single central processing unit owned or leased by You.

2. As you have purchased a single-user license you have the right to install and use a single copy of the Software on one computer on workstation for non-simultaneous use by one or more person.

3. This Software may be loaded on only one computer for use by only one specific licensed user directly, without using remote desktop or another types sharing, remote technologies, unless otherwise agreed to by Licensor.

4. If the computer on which this Software is loaded is attached to a network, this Software must not be accessible by any other user.

5. Licensor reserves the right to gather host computer information for user identification by sending and receiving user data, include statistic about usage of Software.

The Loss of the USB Dongle.

1. You agree that the loss of your USB Dongle does not give you any right to replace it, neither does Licensor have any obligation, before you, to replace it.

2. In case of loss of USB Dongle you agree that a new software license must be purchased.

Consumer.

1. The final consumer is the intended audience of the Software.

2. The Software is to be used by the final consumer without exclusivity.

3. The Software in not intended for sale.

4. The end consumer can not buy the Software, only can obtain license for use.

Restricted use.

1. You agree to use reasonable efforts to prevent unauthorized copying of the Software.

2. You may not disable any licensing or control features of the Software or allow the Software to be used with such features disabled.

3. You may not share, rent, or lease Your right to use the Software.

4. You may not modify, sublicense, copy, rent, sell, distribute or transfer any part of the Software, include calibrations or solutions, except as provided in this Agreement.

5. You may not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble, or otherwise convert the Software to a more human-readable form for any reason.

6. You will return or destroy all copies of the Software and generated content (if applicable) if and when Your right to use it ends.

7. You may not use the Software for any purpose that is unlawful.

8. You may not copy, distribute, sell, rent, create databases or transfer calibrations or solutions supplied by Licensor, and any derivatives of such calibrations in any form without the written permission of Licensor.

9. You may not use Software and calibrations or solutions to create or develop a competitor product.

10. You agree to use Software only for competition purposes or in closed track events, it's not intended to be used in public roads.

11. You agree to use Software only for activity that does not go against the law in the country of usage.

12. ANY SUCH UNAUTHORIZED USE SHALL RESULT IN IMMEDIATE AND AUTOMATIC TERMINATION OF THE RIGHTS GRANTED IN THIS SOFTWARE LICENSE AGREEMENT AND MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION, WITHOUT PREJUDICE OF THE Licensor's RIGHT TO CHARGE TO YOU EVERY UNAUTHORIZED SHARING.

Reverse Engineering.

1. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.

2. YOU SHALL NOT CREATE, SELL OR DISTRIBUTE SOFTWARE, PROCESSES OR INSTRUCTIONS TO DISABLE ANY COPY PROTECTION FEATURES OR LICENSING OF THE SOFTWARE OR ADDITIONAL SOFTWARE.

3. The violation of executable code (cracking) or the introduction of computer virus is a crime in the framework of International Law, more precisely the law of protection of data.

4. All illegal proven acts will be denounced to the authorities and will constitute a motivation to a liability action for damages against the evildoers.

Applicable Software.

1. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Licensor does not receive a license fee.

2. All such software products are provided AS IS without any warranty whatsoever.

Additional Software.

This license applies to updates, upgrades, plug-ins, solutions and any other additions to the original Software provided by Licensor, unless Licensor provides other terms along with the additional software.

Termination.

1. This License is effective until terminated.

2. You may terminate this License at any time by destroying all copies of Software including any documentation.

3. This License will terminate immediately without notice from Licensor if You fail to comply with any provision of this License.

4. This License, for a time limited Licensed Copy, will terminate immediately without notice from Licensor, on the day of its expiration.

5. Upon termination, You must destroy all copies of Software.

Export Regulation.

1. Software, including technical data, is subject to export control laws and may be subject to export or import regulations in other countries.

2. You agree to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

Applicable Law.

1. This License shall be governed by and construed in accordance with the law of cybercrime and other laws applicable to this Software License Agreement and, in the alternative, all applicable internation laws.

2. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect.

3. This License constitutes the entire License between the parties with respect to the use of the Software.

Governing Language.

Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

Entire Agreement.

1. This license constitutes the entire agreement between the parties relating to the Software and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject of this license.

2. Any conflict between the terms of this License Agreement and any Purchase Order, invoice, or representation shall be resolved in favour of the terms of this License Agreement.

3. In the event that any clause or portion of any such clause is declared invalid for any reason, such finding shall not affect the enforceability of the remaining portions of this License and the unenforceable clause shall be severed from this license.

Signature and celebration.

1. This License does not require the signature.

2. This License is documented, accepted and shall enter into force during the process of installation of the Software.

3. There's no installation of the Software without acceptance of this License.

4. Terms and Conditions of this License can be changed with no warning or previous consent, it's Your responsibility to review it for updates or changes.

5. Latest Terms and Conditions of this License can be found online by link: https://swiftec.pt/company/license/ otherwise current version is used.

Competent Court.

The parties agree that the competent court for the resolution of any dispute arising out of this License is the Centro de Arbitragem Comercial – Câmara do Comércio e Indústria Portuguesa (Commercial Arbitration Center), in Portugal.