Please read this agreement carefully. By downloading, installing or using this software, you accept the terms of this agreement.

If you are accepting these terms on behalf of another person or a company or other legal entity, you represent and warrant that you have full authority to act for and to bind that person, company or legal entity to these terms.

Parties

”Empear”, a company incorporated in Sweden with its registered office at Jungmansgatan 12, 211 19 Malmo, Sweden with the organizational number 559028-3270.

”You” are the individual downloading, installing and/or using Empear Developer.

Definitions

”Empear Developer” means the software that you obtain from Empear and all other machine readable materials that are included with such software or are provided for use with it, including (a) any updates or error corrections provided by Empear and (b) any user manuals and other documentation provided by Empear.

”Licence Certificate” is evidence provided to you by Empear of your licence purchase.

Empear is the owner of all copyright and intellectual property rights in Empear Developer and grants you a personal license to use Empear Developer under the terms and conditions contained in this licence until the licence is terminated for any reason.

Credits

Empear Developer uses D3, Copyright © 2010-2015, Michael Bostock

Empear Developer uses the Roboto font family

Customer Obligations

The Licence Certificate grants you a personal license to use Empear Developer.

You must ensure that no other individual or incorporated entity uses your given Licence Certificate.

Intellectual Property

Empear owns and will retain all legal rights in the software, including all copies, alterations, derivatives or modifications of Empear Developer; whether in whole or in part.

Empear Developer is licensed, not sold.

Upgrades

You will receive upgrades to Empear Developer during the initial one year period after your purchase free of charge.

Empear is not obligated to provide upgrades during the update period, even if you have requested fixes or changes to be made.

Empear will make all efforts to ensure that upgrades are of high quality, but will not be liable if changes cause you losses or damages.

Liability

To the extent not prohibited by law, in no event will Empear or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or puntive damages, however caused regardless of the theory of liabiility, arising out of or related to the use of or inability to use software, even if vendor has been advised of the possibility of such damages. In no event will Empear’s liability to you whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for software under this agreement.

Empear does not guarantee that Empear Developer will meet all of your requirements, or that any errors in Empear Developer will be corrected.

Licence Termination

Empear may terminate your licence to use Empear Developer at any time if you breach any terms of this licence and fail to rectify the breach within 10 days of being notified by Empear.

Governing Law.

Any action related to this Agreement will be governed by the law of Sweden. No choice of law rules of any jurisdiction will apply. Exclusive jurisdiction and venue for any claim regarding this Agreement or its subject matter will lie in the county of Stockholm, Sweden.

Entire Agreement

This agreement is the entire agreement between you and Empear relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this agreement. No modification of this agreement will be binding, unless in writing and signed by an authorized representative of each party.

Empear will not reimburse your licence fee in whole or in part if you choose to terminate your licence.

For any queries related to this license contract please contact Empear (support@codescene.com).