Knowledge Base

Miscellaneous

Electronic Communications

Parties may communicate with each other by electronic mail. Parties recognize the risks associated with electronic mail and declare that they shall not hold each other liable for any damage incurred as a result of the use of electronic mail. If a Party is in doubt as to the content of an electronic message received, the content of the message originating with the sender shall be decisive.

Severability

The invalidity or unenforceability of any provision of this EULA shall not affect or limit the validity or enforceability of any other provisions thereof. Any such invalid or unenforceable provision shall be deemed to be substituted by a provision that is considered valid and enforceable, interpreted as close as possible to the economic, legal, and commercial objectives of the severed provision.

Waiver

Failure by Noldus or the Authorized Partner to enforce any of its rights under the EULA shall not constitute a waiver of such rights and shall not relieve End-User of its obligation to comply with such provisions. No waiver or amendment of any provisions shall be effective unless signed in writing by a Noldus representative. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver.

Amendments

Amendments or changes to this EULA can only be agreed upon in writing between the Parties.

Binding Effect and Assignment

The EULA shall be binding upon the Parties thereto, their legal representatives, successors, and assigns. End-User shall not assign any right or obligation arising out of this EULA without prior written consent from Noldus.

End-User License Agreement

Assignment

• End-User may not assign or delegate any obligation under this EULA without the prior written consent of Noldus. Any attempt to do so shall be deemed null and void.

Governing Law: End-Users in the USA or Canada

• If End-User is a legal entity with its principal place of business in the United States of America or Canada, or an individual whose primary residence is in the United States of America or Canada:
  • This EULA is exclusively governed by the laws of the Commonwealth of Virginia and applicable federal laws of the United States of America, without regard to conflicts of law provisions of any jurisdiction.
  • The Virginia Uniform Computer Information Transactions Act (UCITA), Virginia Code §§ 59.1-501.1 et seq., and the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded from this EULA.
  • Any and all terms contained in UCITA or CISG will have no force or effect on any portion of this EULA.
  • Any claims and disputes arising out of or in connection with this EULA that cannot be resolved amicably within a reasonable period of time will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated in the United States of America.
  • Noldus and End-User consent to the exclusive personal jurisdiction of and venue in any such court.
  • End-User must commence or file any claim or action arising out of or relating to this EULA within six months after the cause of action accrues; otherwise, such claim or cause of action is permanently barred.
  • To the extent permitted by law, End-User expressly waives the right to commence or file any such claim or action under any longer statute of limitations.

Governing Law: End-Users in Other Countries

• If End-User is a legal entity with its principal place of business in any country other than the United States of America or Canada, or an individual whose primary residence is in any such country:
  • This EULA is exclusively governed by the laws of The Netherlands. The United Nations Convention for Contracts on the International Sale of Goods is expressly excluded.
  • Disputes arising out of or in connection with this EULA that cannot be solved amicably within a reasonable period of time will be submitted to the competent court in Arnhem, The Netherlands, for End-Users with their principal place of business in the European Union.
  • If an End-User has its principal place of business outside the European Union, the United States of America, or Canada, any dispute shall be finally settled in accordance with the Arbitration Rules of The Netherlands Arbitration Institute, with the location being Arnhem, The Netherlands.
  • The arbitration procedure shall be conducted by one arbiter in the English language.

Acknowledgments and Copyright Notices

The Observer XT makes use of the following third-party software libraries and products. For complete terms and conditions, see the PDF files in the folder Documentation\Legal\Acknowledgments located in your application folder (default: C:\Program Files\Noldus\The Observer XT 17).

Third-Party Software Components

• Boost – Open source C++ templates software library (Boost community). Licensed under the Boost Software License.
• HASP – Library for software protection. Licensed under the Safenet EULA (Sentinel Gemalto).
• LEADTOOLS DirectShow Filters – Video encoder and decoder software. Licensed under the LEADTOOLS license.
• Wix Toolset – Tools to author software installers. Licensed under the Microsoft Reciprocal License (MS-RL) via the .NET Foundation.
• Adobe Acrobat Reader DC – Software for viewing PDF files. Licensed under the Adobe Distribution Agreement.
• RabbitMQ – Robust messaging for applications (Pivotal). Licensed under the Mozilla Public License 1.1.
• Erlang OTP 18 – A programming language used by RabbitMQ. Licensed under the Apache License 2.0.
• Apache Thrift – Combines a software stack with a code generation engine to build services that work efficiently and seamlessly between C++, Java, Python, PHP, Ruby, Erlang, Perl, Haskell, C#, Cocoa, JavaScript, Node.js, Smalltalk, OCaml, Delphi, and other languages. Licensed under the Apache License 2.0.
• Telerik UI for WPF – WPF controls. Licensed under the Telerik EULA for UI for WPF.
• SimpleAmqpClient – C++ client for RabbitMQ by Alan Antonuk. Licensed under the MIT License.