End User License Agreement [July 2015]


By downloading, installing, or using the ecom application ("Application"). "You" (meaning you personally or the company you represent and on whose behalf You are fully authorized to enter this Agreement) are consenting to be bound by and are becoming a party to this ecom End User License Agreement ("Agreement"). If You do not agree to all of the terms of this Agreement, you are not authorized to download, install, or use the Application.

These Terms apply in addition to ecom's General Conditions of Delivery and Payment and any terms specifically agreed between ecom and You.

1. Grant

Subject to the terms of this Agreement, ECOM Instruments GmbH ("ecom") hereby grants You (and only You) a limited, personal, non-sublicensable, non-transferable, non-exclusive license to install and internally use the Application only in accordance with the ecom documentation that accompanies it. No other use of the Application is permitted.

ecom and ecom's licensors, respectively, retain all right, title and interest in and to the Application, including all intellectual property rights embodied therein.

2. Restrictions

You may not [and agree not to, and not authorize or enable others to). directly or indirectly: (a) reverse engineer (except to the extent applicable law prohibits restrictions on reverse engineering). decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas
or algorithms of the Application; (b) modify the Application; (c) modify, translate, or create derivative works based on the Application; (d) copy, rent, lease, loan, use by syndication or subsyndication, distribute, pledge, assign, or otherwise transfer or encumber rights to the Application or (e) use the Application for times haring or service bureau purposes or otherwise for the benefit of a third party.

You will only use the Application in connection with a hand-held tablet or smart phone running Windows Phone OS, iOS or Android OS ("Mobile Device"). Once the Application is installed, You are not allowed to reuse or transfer the Application from the Mobile Device on which it first was installed to any other device, except in the case of (i) unintentional physical damage to the Mobile Device or (ii) involuntary loss of the Mobile Device's software functionality (such as through file corruption) that cannot be remedied by reinstalling the operating system or affected software components and that in either case is of a severity that renders the Mobile Device unsafe for use or unable to function as necessary; in this case the Application may be transferred only to a Mobile Device having identical hardware and an identical operating system.

You shall maintain, and will not remove, delete, cover, obfuscate or alter, any copyright, patent, trademark, and other proprietary rights notices or labels present in or on the Application and documentation thereof.

3. Support

This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes for the Application.

4. Termination

ecom may terminate this Agreement and the license granted herein immediately if You materially breach any substantial provision of this Agreement. Upon receiving notice of termination from ecom You will destroy or remove the Application from the Mobile Device.

5. Miscellaneous

You acknowledge and agree that ecom's licensors with regard to the Application are third party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, ecom's licensors will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as the third party beneficiary hereof.

You represent and warrant that you are not located in a country subject to an U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.

You shall comply with all applicable export laws, restrictions and regulations in connection with Your use of the Application, and will not export or re-export the Application in violation thereof. This Agreement is personal to You and You shall not assign or transfer the Agreement to any third party under any circumstances; ecom may assign or transfer this Agreement without consent.

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.

It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The remainder of the provisions shall remain in full force.

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