End User License Agreement (EULA) for Spira HMI

Version 1.2
Date: 2025-10-07

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between the Licensee (the legal entity represented, "Licensee", or "End User") and Karika, Sebastian, org. No. 920603-1354, with registered address Femte Villagatan 5B, 504 54, Borås, Sweden (hereinafter referred to as "Licensor"), for the software Spira HMI, which includes computer software, options and add-ons related to the Software, services, associated media, user manual, printed materials, electronic documentation, and all modifications, updates, upgrades, new versions, releases, and derivative works (hereinafter also referred to as "Software").

By installing, copying, or otherwise using the Software, Licensee agrees to be legally bound by the terms of this EULA. If Licensee does not agree to these terms, do not install or use the Software.

1. Definitions

1.1 Spira HMI License ("License") – A grant to use the Software, the parameters of which are contained in a license.json file. Any legal entity may purchase and obtain a License.

1.2 Licensee ("End User" or "Slutkund") – The legal entity that has obtained a License to use the Software.

1.3 Order Confirmation – Document provided by Licensor detailing the specific terms of the purchased License, including license type, features, validity period for updates, and other specifications.

1.4 Fingerprint – A unique digital identifier generated from a specific computer's hardware configuration, to which a Production or Development License is bound.

2. Grant of License

Subject to compliance with this EULA, Licensor grants Licensee a non-exclusive, restricted, perpetual (unless otherwise stated), and non-transferable license to use the Software as follows:

2.1 Production License

  • Bound to one specific computer via its Fingerprint.
  • Permitted for use as an HMI in a production environment.
  • Includes three (3) years of updates unless otherwise specified in the Order Confirmation.
  • Features and functionalities are detailed in the Order Confirmation.

2.2 Development License

  • Bound to one specific computer via its Fingerprint.
  • Not permitted in production environments. Intended for development, testing, and non-production evaluation only.
  • Includes three (3) years of updates unless otherwise specified in the Order Confirmation.
  • Features and functionalities are detailed in the Order Confirmation.

2.3 General Restrictions

  • Licenses are restricted to one device at a time. Concurrent use on multiple devices, virtual machines, cloned systems, or via remote access is prohibited except for one backup copy.
  • Licensee may create and maintain one backup copy of the Software.
  • Future AI features, if released, may require separate subscriptions and are not automatically included.

3. Restrictions

Licensee shall not:

  • Use functions not specified in the Order Confirmation.
  • Exceed configuration or capacity limits.
  • Share or use a license concurrently on multiple devices (except backup purposes).
  • Modify, tamper with, adapt, or create derivative works.
  • Disassemble, decompile, de-obfuscate, reverse engineer, or attempt to derive source code (except to the extent explicitly allowed by law).
  • Copy ideas, features, functions, or graphics.
  • Circumvent license restrictions or usage limits.
  • Remove or alter Licensor’s proprietary notices.

4. Proprietary Rights

  • The Software is licensed, not sold. All copyrights and IP rights remain with Licensor.
  • Licensee has no rights to the Software’s source code or other proprietary information.

5. Confidentiality

  • Licensee and associated parties shall not disclose trade secrets or confidential information provided by Licensor.
  • Confidentiality applies to all benchmark results, test results, or technical/commercial information.
  • Disclosure is limited to individuals on a need-to-know basis.
  • This obligation lasts during the license term and for five (5) years after termination.
  • Licensee is responsible for compliance by its employees, agents, representatives, and consultants.

6. Termination

  • Licensor may terminate this EULA if Licensee materially breaches any terms and fails to remedy within 30 days of written notice.
  • Demo and fixed-term licenses expire automatically at the end of their term.
  • Upon termination or expiration, Licensee shall immediately stop using the Software and delete or destroy all copies, including backups, except where retention is required by law.
  • Provisions intended to survive termination remain in effect until fulfilled.

7. Applicable Law and Dispute Resolution

  • Governed by Swedish law, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
  • Disputes shall be finally settled by a Swedish court of competent jurisdiction if amicable resolution fails.

8. Force Majeure

  • Neither party is liable for failure to perform due to causes beyond reasonable control (e.g., strikes, natural disasters, government actions, cybersecurity incidents).
  • If performance is prevented for more than six (6) months, either party may terminate the agreement in writing without compensation.

9. Warranty Disclaimer

  • Software is provided “as is”. Licensor disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
  • No guarantee that the Software meets Licensee’s requirements or operates uninterrupted/error-free.

10. Limitation of Liability and Indemnity

  • Licensor is not liable for any damages arising from use or inability to use the Software, including lost profits, business interruption, or loss of information.
  • Licensor is not liable for personal injury or property damage caused by the Software.
  • Licensee shall indemnify, defend, and hold harmless Licensor from claims or costs arising from Licensee’s use of the Software or breach of this EULA.

11. Cybersecurity

  • Licensee is solely responsible for maintaining secure network connections and protecting systems against unauthorized access, interference, or data theft.
  • Licensor is not liable for damages resulting from security breaches or related incidents.

12. Military Use

  • This software may not be used for military purposes, including but not limited to development, research, training, or operations of any kind conducted by military organizations or their contractors.

13. Severability

  • Invalid provisions shall be limited to the minimum extent necessary. Remaining provisions remain fully effective.
  • Parties shall attempt to renegotiate any invalid provisions in good faith.

14. Entire Agreement

  • This EULA and the License Certificate constitute the entire agreement between the parties.
  • No prior representations or agreements affect this EULA.

15. Order of Precedence

  • Conflicts among documents resolved in order:
  1. Special Terms agreed in writing
  2. License Certificate or Purchase Order
  3. This EULA
  4. Documentation

16. Waiver

  • Failure to exercise a right does not waive further rights under this EULA.

17. Contact Information

Karika, Sebastian
Femte Villagatan 5B
504 54 Borås
Sweden