Xsens Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "AGREE" BUTTON BELOW. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE" AND (IF APPLICABLE) RETURN THE XSENS SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
 
1. License. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "Xsens Software") are licensed to you by Xsens Technologies B.V. or its local subsidiary, if any ("Xsens"). You own the media on which the Software is recorded but Xsens and/or Xsens' licensor(s) retain title to the Xsens Software. The Xsens Software in this package and any copies which this License authorizes you to make are subject to this License. 

2. Permitted Uses and Restrictions. This License allows you to install and use the Xsens Software on a single computer at a time. This License does not allow the Xsens Software to exist on more than one computer at a time. You may make one copy of the Xsens Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Xsens Software in whole or part or transmit the Xsens Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Xsens Software to a party who agrees to accept the terms of this License and destroy any other copies of the Xsens Software in your possession. Your rights under this License will terminate automatically without notice from Xsens if you fail to comply with any term(s) of this License. 

3. Limited Warranty on Media (if applicable). Xsens warrants the media on which the Xsens Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Xsens' option, a refund of the purchase price of the product containing the Xsens Software or replacement of the Xsens Software which is returned to Xsens or an Xsens authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. XSENS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 

4. Disclaimer of Warranty on Xsens Software. You expressly acknowledge and agree that use of the Xsens Software is at your sole risk. The Xsens Software is provided "AS IS" and without warranty of any kind and Xsens and Xsens' licensor(s) (for the purposes of provisions 4 and 5, Xsens and Xsens' licensor(s) shall be collectively referred to as "Xsens") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. XSENS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE XSENS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE XSENS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE XSENS SOFTWARE WILL BE CORRECTED. FURTHERMORE, XSENS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE XSENS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XSENS OR AN XSENS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE XSENS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XSENS OR AN XSENS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING XSENS’ PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XSENS’ NEGLIGENCE. 

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL XSENS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Xsens' total liability to you for all damages exceed the amount of fifty euro (€50.00). 

6. Controlling Law and Severability. This License shall be governed by the laws of the Netherlands. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 

7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Xsens Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Xsens. 

XSENS TECHNOLOGIES B.V.
