Eula

Trial Consumer Version / Consumer Version EULA

EULA IMPORTANT — READ CAREFULLY: End-User License and Purchase Agreement (“EULA”) for Dirac Live Room Correction Suite™ – i.e. applicable consumer versions of the Dirac Live Calibration Tool™ in combination with the Dirac Audio Processor™ (”Trial Software”). The Trial Software is licensed to You according to the terms of this EULA. This EULA is a legal agreement between you, the end user (either an individual person or a single legal entity, referred to as “You” or “Your”), and Dirac Research AB, a Swedish limited company, having its registered office at Hansellisgatan 6, 754 50, Uppsala, Sweden („Dirac“) for the Trial Software identified above including any associated media, printed materials, and electronic documentation. The Trial Software includes any software, updates or upgrades, add-on components, web services and/or supplements that Dirac may provide or make available directly or indirectly to You after the date You obtain Your initial copy of the same, to the extent that such items are not accompanied by a separate license agreement or terms of use. Read this EULA carefully before opening the sealed Trial Software package, or downloading, installing or using the Trial Software, as by doing any of the foregoing You agree to be bound by the terms and conditions of this EULA and the Conditions of Use and the Privacy Policy appearing on the website from which you have placed your purchase. If You do not agree to the terms of this EULA, Dirac is unwilling to license the Trial Software to You, and You shall therefore not open the sealed package, download, install, copy or use the Trial Software. To clarify, this is Trial Software and, therefore, such software may not have the full breadth of functionality and performance capabilities as the paid-for commercial version of the software (“Software”). Trial Software License: The Trial Software is owned or sublicensed by Dirac and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Trial Software is licensed, not sold.

1. Limited Trial Software License Grant: Subject to the terms and conditions of this Agreement, Dirac grants You a non-exclusive, non-transferable, limited license to use the object code version of the Trial Software solely in connection with Your personal use on Your own personal computer and related equipment in order to evaluate the Trial Software in connection with optimizing the performance of sound reproduction. To clarify, the Trial Software shall not be used for any other use, including, without limitation, products other than the ones that You own; products for re-sale or re-distribution or lease; or series produced products. You may: use the Trial Software on any single computer; use the Trial Software on a network, provided that each person accessing the Trial Software through the network must have a copy of the Trial Software licensed to that person; or make one (1) copy of the Trial Software for archival purposes, provided that subject copy must contain all of the original Trial Software’s proprietary notices, shall be in object code (that is, not in a human-perceivable) form, and shall remain Dirac’s intellectual property. Copies of Software (i.e. the non-trial variant of the software in question) must be purchased directly from Dirac or a distributor duly authorized by Dirac to distribute the Software. This Trial Software license is limited to those rights expressly granted in this Section 1 and therefore excludes any and all implied rights. If this copy of the Trial Software is an update or an upgrade from an earlier version of the Trial Software, it is provided to you on a license exchange basis. This means that by your installation or use of this Trial Software, you agree to voluntarily terminate your previous EULA and that you will cease to use the earlier version of the Trial Software or to transfer such earlier version to any other person or entity. You will have to install Your copy of the Trial Software by following the instructions provided to You in the set-up sequence or other accompanying materials or otherwise in accordance with standard installation processes for the applicable medium of transmission of the Trial Software.

2. Use Definition. The Trial Software is „in use,“ according to the terms of Section 1 above, on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer.

3. Restrictions. Unless expressly authorized in this EULA or compulsorily permitted under applicable law notwithstanding this limitation, You may not, in whole or in part: (i) make or distribute copies of the Trial Software or electronically transfer the Trial Software from one computer to another or over a network; (ii) alter, merge, modify, adapt or translate the Trial Software, or any proprietary notices or labels relating thereto; (iii) create derivative works based on the Trial Software; (iv) sell, rent, lease or sublicense the Trial Software; (v) export the Trial Software into any country prohibited by the United States Export Administration Act and the regulations thereunder; (vi) decompile, reverse engineer, decrypt, extract, disassemble or otherwise reduce the Trial Software to a humanly-perceivable form except, with regard to 3 (vi), to the extent: (a) You are expressly permitted to engage in such activities under compulsorily applicable law notwithstanding the prohibition in this Section 3; (b) it is essential to do so in order for You to achieve operability of the Trial Software with your own Trial Software, and (c) You have first requested, in writing, that Dirac provide the information necessary to achieve such operability (making express reference to Your rights under this provision) and Dirac has failed to do so within a reasonable period of time not to exceed thirty (30) business days. Dirac has the right to impose reasonable conditions before providing such additional information. You understand that the Trial Software shall only operate on (or in connection with) such platform(s) described in this Agreement or listed on www.dirac.se or shop.dirac.se (as applicable) at the time when You enter into this EULA.

4. Trademarks and Logos. This EULA does not authorize You to use any Dirac name, trademark or logo.

5. Confidentiality. The Trial Software contains trade secrets and proprietary know-how that belong to Dirac. The Trial Software shall, therefore, only be used as permitted under this EULA.

6. Disclaimer of Warranty. To the maximum extent permitted by applicable law, this Section 6, shall apply. THIS TRIAL SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED ON AN „AS IS“ BASIS, WITHOUT ANY WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TRIAL SOFTWARE IS BORNE BY YOU.

7. Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TERMS OF THIS SECTION 7 SHALL APPLY. IN NO EVENT SHALL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, PHYSICAL DAMAGE AND/OR PERSONAL INJURY) SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE TRIAL SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DIRAC’S FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, OR ANY OTHER COMMERCIAL DAMAGES OR PECUNIARY LOSSES WHATSOEVER, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE THE TRIAL SOFTWARE, EVEN IF DIRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THERE IS ANY FAILURE OF ANY REMEDY SET FORTH HEREIN. THIS PARAGRAPH SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

8. Limitation of Liability and Customer Remedies. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY DAMAGES YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE AGGREGATE CUMULATIVE LIABILITY OF DIRAC AND ITS SUPPLIERS (IF APPLICABLE) UNDER ANY AND ALL PROVISIONS OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE TRIAL SOFTWARE. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS EULA, DIRAC SHALL BE LIABLE FOR CLAIMS BROUGHT BY YOU ONLY WITHIN EIGHTEEN (18) MONTHS OF YOUR RECEIPT OF THE TRIAL SOFTWARE.

9. Basis of Bargain. The Limited Warranty (Section 6), Exclusion of Liability (Section 7), and Limitation of Liability and Customer Remedies (Section 8) are fundamental elements of this EULA. You acknowledge that Dirac would not be able to provide the Trial Software on a free-of-charge or fee-reduced basis, as contemplated herein absent such limitations. As such, these limitations shall apply, to the fullest extent permissible under applicable law, regardless of whether any remedy provided herein or otherwise applicable fails its essential purpose. Further, the limitations contained in the foregoing sections shall survive even if the remedy set forth for the Limited Warranty is invalidated. NOTE THAT SOME OF THE RESTRICTIONS CONTAINED IN THIS EULA MAY NOT APPLY IN A JURISDICTION APPLICABLE TO YOU AND IN THIS EVENT SUCH RESTRICTION(S) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH RESPECTIVE JURISDICTION.

10. Termination. This EULA shall continue for a period of fourteen (14) calendar days following your entry into this EULA, and will terminate automatically earlier than such fourteen (14) calendar day trial period, if You materially breach any term or condition of this EULA. Further, should You materially breach any term or condition of this EULA, You shall reimburse Dirac for all reasonable expenses and liabilities Dirac may incur as a result of such non-compliance. In addition, You understand and agree that, notwithstanding any other provision of this EULA, Your breach of any of the provisions of this EULA will cause Dirac irreparable damage for which recovery of money damages alone would be inadequate, and that Dirac will therefore be entitled to seek timely injunctive relief to protect Dirac’s rights under this EULA in addition to any and all remedies available at law. You agree, upon termination, to promptly destroy the Trial Software and all copies thereof, regardless of form. Dirac will also, in such event, deactivate your ability to use the Trial Software.

11. Ownership. Dirac or, if applicable, its suppliers retain(s) and acquires all rights, title and interest in the intellectual property rights attendant to the Trial Software.

12. Export Regulations. The Trial Software may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that You are solely responsible for obtaining any license or approval to export, re-export or import the Trial Software (if expressly permitted to do so under this EULA).

13. Governing Law. Swedish law shall govern any action(s) related to this EULA. The venue for any legal action in connection with this EULA shall be Stockholm, Sweden. No choice of law rules of any jurisdiction will apply. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Notwithstanding, this Section 13, Dirac shall be entitled to take direct legal action in a competent court within Your home jurisdiction as necessary to reasonably secure Dirac’s rights and interests and to be able to enforce any judgment obtained by Dirac. In the event that the Uniform Computer Information Transactions Act, any version thereof, a substantially similar law or any other statutes implied for Internet transactions (collectively “UCITA”) is enacted as part of the law of any applicable state of the United States or any applicable country or any applicable region within any country, such statute shall not govern any aspect of this EULA, any license granted hereunder, nor any of the parties’ rights and/or obligations arising pursuant to this EULA. This EULA and the parties’ rights and obligations arising hereunder shall be governed according to the Governing Law provisions agreed explicitly in this EULA.

14. Severability. IF ANY PROVISIONS CONTAINED IN THIS EULA ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW, VOID OR UNENFORCEABLE IN ANY RESPECTIVE, APPLICABLE JURISDICTION, THEN SUCH PROVISIONS ARE DELETED (AND REPLACED WITH LAWFUL PROVISIONS MOST CLOSELY RESEMBLING THE INTENDED LEGAL AND ECONOMIC EFFECT OF THE DELETED PROVISION OR PORTION THEREOF) SOLELY TO THE EXTENT NECESSARY FOR THE EULA TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN DIRAC’S OPINION, DELETION OR REPLACEMENT OF ANY PROVISIONS OF THE LICENSE BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASES THE LIABILITIES OF DIRAC, DIRAC AUTOMATICALLY TERMINATES THE LICENSE WITHOUT ANY REMEDY TO YOU. UPON SUCH TERMINATION, YOU MUST ACCORDINGLY DESTROY ALL COPIES OF THE TRIAL SOFTWARE.

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

Consumer Version EULA

IMPORTANT — READ CAREFULLY: End-User License and Purchase Agreement (“EULA”) for Dirac Live Room Correction Suite™ – i.e. applicable consumer versions of the Dirac Live Calibration Tool™ in combination with the Dirac Audio Processor™ (”Software”). The Software is licensed to You according to the terms of this EULA. This EULA is a legal agreement between you, the end user (either an individual person or a single legal entity, referred to as “You” or “Your”), and Dirac Research AB, a Swedish limited company, having its registered office at Hansellisgatan 6, 754 50, Uppsala, Sweden („Dirac“) for the Software identified above including any associated media, printed materials, and electronic documentation. The Software includes any software updates or upgrades, add-on components, web services and/or supplements that Dirac may provide or make available directly or indirectly to You after the date You obtain Your initial copy of the same, to the extent that such items are not accompanied by a separate license agreement or terms of use. Read this EULA carefully before opening the sealed Software package, or downloading, installing or using the Software, as by doing any of the foregoing You agree to be bound by the terms and conditions of this EULA and the Conditions of Use and the Privacy Policy appearing on the website from which you have placed your purchase. If You do not agree to the terms of this EULA, Dirac is unwilling to license the Software to You, and You shall therefore not open the sealed package, download, install, copy or use the Software. Further, to receive a limited refund (provided you have paid for the Software), You are required to return the unopened Software package and all other materials with proof of payment to your place of purchase (for online purchases from www.dirac.se or shop.dirac.se (as applicable), such place of purchase being the corporate address provided for Dirac Research AB at www.dirac.se or shop.dirac.se (as applicable), in Sweden) within thirty (30) calendar days of your receipt thereof. NO REFUNDS WILL BE GIVEN AFTER THIS 30-DAY PERIOD OR AFTER THE SOFTWARE PACKAGE HAS BEEN OPENED, USED OR ACCESSED. SHIPPING CHARGES AND CREDIT CARD FEES ARE NON-REFUNDABLE. IN THE EVENT OF HAVING PURCHASED SOFTWARE BY VIRTUE OF DOWNLOADING THE SOFTWARE FROM A WEBSITE, YOUR SOLE RIGHT OF RETURN OR REPLACEMENT SHALL BE LIMITED TO CIRCUMSTANCES ARISING IN CONNECTION WITH A DIRAC BREACH OF SECTION 6 BELOW AND SHALL BE HANDLED IN ACCORDANCE WITH SECTION 8 BELOW. Software License: The Software is owned or sublicensed by Dirac and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Software is licensed, not sold.

1. Limited Software License Grant: Subject to payment of Software license fees and the terms and conditions of this Agreement, Dirac grants You a non-exclusive, non-transferable (unless expressly stated otherwise in this EULA), limited license to use the object code version of the Software solely in connection with Your personal use on Your own personal computer and related equipment and for the purpose of optimizing sound reproduction. To clarify, the Software shall not be used for any other use, including, without limitation, products other than the ones that You own; products for re-sale or re-distribution or lease; or series produced products. You may: use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy of the Software licensed to that person; or make one (1) copy of the Software for archival purposes, provided that subject copy must contain all of the original Software’s proprietary notices, shall be in object code (that is, not in a human-perceivable) form, and shall remain Dirac’s intellectual property. Additional copies of Software must be purchased directly from Dirac or a distributor duly authorized by Dirac to distribute the Software. This Software license is limited to those rights expressly granted in this Section 1 and therefore excludes any and all implied rights. If this copy of the Software is an update or upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. This means that by your installation or use of this Software, you agree to voluntarily terminate your previous EULA and that you will cease to use the earlier version of the Software or to transfer such earlier version to any other person or entity. You will have to install Your copy of the Software by following the instructions provided to You in the set-up sequence or other accompanying materials or otherwise in accordance with standard installation processes for the applicable medium of transmission of the Software.

2. Use Definition. The Software is „in use,“ according to the terms of Section 1 above, on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer.

3. Restrictions. Unless expressly authorized in this EULA or compulsorily permitted under applicable law notwithstanding this limitation, You may not, in whole or in part: (i) make or distribute copies of the Software or electronically transfer the Software from one computer to another or over a network; (ii) alter, merge, modify, adapt or translate the Software, or any proprietary notices or labels relating thereto; (iii) create derivative works based on the Software; (iv) sell, rent, lease or sublicense the Software; (v) export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder; (vi) decompile, reverse engineer, decrypt, extract, disassemble or otherwise reduce the Software to a humanly-perceivable form except, with regard to Section 3 (vi), to the extent: (a) You are expressly permitted to engage in such activities under compulsorily applicable law notwithstanding the prohibition set forth in this Section 3; (b) it is essential to do so in order for You to achieve operability of the Software with your own software, and (c) You have first requested, in writing, that Dirac provide the information necessary to achieve such operability (making express reference to Your rights under this provision) and Dirac has failed to do so within a reasonable period of time not to exceed thirty (30) business days. Dirac has the right to impose reasonable conditions before providing such additional information. You understand that the Software shall only operate on (or in connection with) such platform(s) described in this Agreement or listed on www.dirac.se or shop.dirac.se (as applicable) at the time when You enter into this EULA.

4. Trademarks and Logos. This EULA does not authorize You to use any Dirac name, trademark or logo. 5. Confidentiality. The Software contains trade secrets and proprietary know-how that belong to Dirac. The Software shall, therefore, only be used as permitted under this EULA. 6. Limited Warranty. To the maximum extent permitted by applicable law, this Section 6, shall apply. Dirac warrants that the Software will perform substantially in accordance with the accompanying written materials (if any) for a period of ninety (90) calendar days from the date of Your receipt thereof. EXCEPT AS PROVIDED IN THIS SECTION 6, THIS SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED ON AN „AS IS“ BASIS, WITHOUT ANY WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU.

7. Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TERMS OF THIS SECTION 7 SHALL APPLY. IN NO EVENT SHALL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, PHYSICAL DAMAGE OR PERSONAL INJURY) SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DIRAC’S FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, OR ANY OTHER COMMERCIAL DAMAGES OR PECUNIARY LOSSES WHATSOEVER, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DIRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THERE IS ANY FAILURE OF ANY REMEDY SET FORTH HEREIN. THIS PARAGRAPH SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

8. Limitation of Liability and Customer Remedies. In the event of a breach of the Limited Warranty contained in Section 6, You must notify Dirac or the Dirac authorized distributor from whom you obtained the Software of your warranty claim within ninety (90) calendar days of your receipt of the Software. In such event, Dirac’s and its suppliers‘ (if applicable) entire liability and your exclusive remedy shall be, at Dirac’s or its suppliers’ (if applicable) sole discretion, either to (a) return the price You paid for the Software (if any) or (b) repair or replace, to the extent required, the Software. All Software returns and replacements must include a copy of the original receipt reflecting purchase from Dirac or a Dirac authorized seller. You will receive the remedy elected by Dirac without charge, except that you shall be responsible for any shipping expenses you may incur. The Limited Warranty is void if failure of the Software has resulted from accident, abuse, abnormal use, misapplication, extreme electrical stress, a virus or if the error cannot be reproduced. Any replacement Software will be warranted for the remainder of the original Limited Warranty period. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY DAMAGES YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE AGGREGATE CUMULATIVE LIABILITY OF DIRAC AND ITS SUPPLIERS (IF APPLICABLE) UNDER ANY AND ALL PROVISIONS OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE REMEDY SET FORTH IN THIS SECTION 8 CONCERNING BREACH OF THE LIMITED WARRANTY. SHOULD THIS REMEDY FAIL WITH REGARD TO CLAIMS RELATED OR UNRELATED TO THE LIMITED WARRANTY, DIRAC’S AGGREGATE CUMULATIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS EULA, DIRAC SHALL BE LIABLE FOR CLAIMS BROUGHT BY YOU ONLY WITHIN EIGHTEEN (18) MONTHS OF YOUR RECEIPT OF THE SOFTWARE.

9. Basis of Bargain. The Limited Warranty (Section 6), Exclusion of Liability (Section 7), and Limitation of Liability and Customer Remedies (Section 8) are fundamental elements of this EULA. You acknowledge that Dirac would not be able to provide the Software as contemplated herein absent such limitations. As such, these limitations shall apply, to the fullest extent permissible under applicable law, regardless of whether any remedy provided herein or otherwise applicable fails its essential purpose. Further, the limitations contained in the foregoing sections shall survive even if the remedy set forth for the Limited Warranty is invalidated. NOTE THAT SOME OF THE RESTRICTIONS CONTAINED IN THIS EULA MAY NOT APPLY IN A JURISDICTION APPLICABLE TO YOU AND IN THIS EVENT SUCH RESTRICTION(S) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH RESPECTIVE JURISDICTION.

10. Termination. This EULA will terminate automatically if You materially breach any term or condition of this EULA. Further, should You materially breach any term or condition of this EULA, You shall reimburse Dirac for all reasonable expenses and liabilities Dirac may incur as a result of such non-compliance. In addition, You understand and agree that, notwithstanding any other provision of this EULA, Your breach of any of the provisions of this EULA will cause Dirac irreparable damage for which recovery of money damages alone would be inadequate, and that Dirac will therefore be entitled to seek timely injunctive relief to protect Dirac’s rights under this EULA in addition to any and all remedies available at law. You agree, upon termination, to promptly destroy the Software and all copies thereof, regardless of form. In such event Dirac will also have the right to deactivate your ability to use the software.

11. Ownership. Dirac or, if applicable, its suppliers retain(s) and acquires all rights, title and interest in the intellectual property rights attendant to the Software.

12. Export Regulations. The Software may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that You are solely responsible for obtaining any license or approval to export, re-export or import the Software (if expressly permitted to do so under this EULA).

13. Governing Law. Swedish law shall govern any action(s) related to this EULA. The venue for any legal action in connection with this EULA shall be Stockholm, Sweden. No choice of law rules of any jurisdiction will apply. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Notwithstanding, this Section 13, Dirac shall be entitled to take direct legal action in a competent court within Your home jurisdiction as necessary to reasonably secure Dirac’s rights and interests and to be able to enforce any judgment obtained by Dirac. In the event that the Uniform Computer Information Transactions Act, any version thereof, a substantially similar law or any other statutes implied for Internet transactions (collectively “UCITA”) is enacted as part of the law of any applicable state of the United States or any applicable country or any applicable region within any country, such statute shall not govern any aspect of this EULA, any license granted hereunder, nor any of the parties’ rights and/or obligations arising pursuant to this EULA. This EULA and the parties’ rights and obligations arising hereunder shall be governed according to the Governing Law provisions agreed explicitly in this EULA.

14. Severability. IF ANY PROVISIONS CONTAINED IN THIS EULA ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW, VOID OR UNENFORCEABLE IN ANY RESPECTIVE, APPLICABLE JURISDICTION, THEN SUCH PROVISIONS ARE DELETED (AND REPLACED WITH LAWFUL PROVISIONS MOST CLOSELY RESEMBLING THE INTENDED LEGAL AND ECONOMIC EFFECT OF THE DELETED PROVISION OR PORTION THEREOF) SOLELY TO THE EXTENT NECESSARY FOR THE EULA TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN DIRAC’S OPINION, DELETION OR REPLACEMENT OF ANY PROVISIONS OF THE LICENSE BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASES THE LIABILITIES OF DIRAC, DIRAC AUTOMATICALLY TERMINATES THE LICENSE WITHOUT ANY REMEDY TO YOU. UPON SUCH TERMINATION, YOU MUST ACCORDINGLY DESTROY ALL COPIES OF THE SOFTWARE.

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