Preamble
The terms and conditions of this End User License Agreement (hereinafter referred
to as "EULA") apply to Smith Analytical Emisions Suite software and are an integral
part of the License Contract between Smith Analytical and the Customer.
Definitions
The following definitions shall apply to the EULA:
“Activation” is the technical procedure to enable the use of the Product on or
together with a given Device or Server. The activation is performed through storing
the license identification on the Device or Server. The activation does not define any
right to use the Product on or together with a Device or Server but is the
precondition to exercise any License granted under the EULA.
“Assignment” means the assignment of the License to the Device, Client or Server
to be licensed within the licensing scope of the EULA. A Product the License of
which is not assigned to a Device, Client or Server must not be used.
“CAL” means Client Access License. This is a License that permits the use of a
Client Product to get access to the corresponding server software.
“Client” means a Device in a network that uses the services (access to files or
shared peripherals) provided by a Server.
“Customer” means the legal entity which has entered into the License Contract and
obtained the right to make use of the Licenses under the License Contract and the
EULA.
“Defect” means a deviation from the agreed specifications or, to the extent certain
specifications are not agreed, a deviation from the product description or user
documentation related to the Product.
“Device” means a single physical hardware system to which a License can be
assigned. There are several kinds of Devices: (i) Operation Computers, (ii) hardware
interfaces provided by Smith Analytical and (iii) dongles that have been approved by
Smith Analytical.
EULA” or “End User License Agreement” means these terms and conditions which
apply to Emissions Suite software products and which are an integral part of the
License Contract between Smith Analytical and the Customer.
“License” means the non-exclusive right to use one (1) specific Product at a time.
“License Contract” means (i) Smith Analytical ́s quotation together with Customer ́s
purchase order accepting such quotation; or (ii) Customer ́s purchase order together
with Smith Analytical ́s order confirmation accepting such purchase order; or (iii) any
other agreement between the Customer and Smith Analytical referencing the EULA.
“Licensed Server” means the single Server to which a Server License is assigned.
“Maintenance” means the licensing and delivery of new Versions of a Product made
available by Smith Analytical during the Maintenance period (usually 12 monthsfrom
installation).
“Operation Computer” is the PC or other computing machine on which the Product is
operated on.
“Product” means one of the Vector standard software products to which the EULA
applies.
“Version” means the specific software version of a Product defined by a version
number.
