Knowledge Base

5. Term; Termination

5.1. The EULA shall enter into force on the date of acceptance by the End-User and continue until terminated in accordance with this Section 5.

5.2. If the Software is licensed on a subscription basis, the EULA shall continue until the end of the current subscription period.

5.3. Noldus is entitled to terminate the EULA immediately upon prior written notice upon:

• The breach of any material provision of this Agreement by the End-User if (i) such breach is not curable or (ii) if curable, the End-User has not cured such breach within 30 (thirty) day period following receipt of a written notice by Noldus substantiating such breach ("ingebrekestelling").
• The filing or institution of bankruptcy, liquidation or receivership proceedings of the End-User or in the event a receiver or custodian is appointed for the End-User's business, or if its business is discontinued or if it has a petition presented by a creditor for its winding up or if the End-User enters into any liquidation (other than for purpose of reconstruction or amalgamation).

5.4. Upon termination of the EULA, the End-User shall immediately discontinue the use of the Software and remove the software of all computers, destroy all (partial) copies of the Software from all storage media and return the documentation and materials relating to the Software to Noldus or its Authorized Partner.

5.5. Termination of this Agreement does not remove or reduce End-User's obligation to pay any outstanding license fees or other monies, all of which shall be due for payment immediately on termination of the EULA.

5.6. The following provisions shall survive termination of this EULA: Sections 3, 7, 9, 10 and this Section 5.6. In addition, any other provisions which are required to interpret and enforce the Parties' rights and obligations under the EULA shall also survive any termination or expiration of this EULA, but only to the extent required for the full observation and performance of the EULA.

Source: FaceReader 10 Reference Manual (Help), Noldus Information Technology