WARNING FOR ALL USERS

WARNING! – YOUR USE OF THIS SOFTWARE MUST

                           BE DONE WITH CAUTION AND A FULL                        

                           UNDERSTANDING OF THE RISKS!

 

THIS WARNING IS PRESENTED TO INFORM YOU THAT THE OPERATION OF THIS SOFTWARE MAY BE DANGEROUS. YOUR ACTIONS CAN INFLUENCE THE BEHAVIOR OF A BATTERY, AND DEPENDING ON YOUR OPERATION, THE CONSEQUENCES OF YOUR IMPROPER ACTIONS COULD CAUSE SERIOUS BATTERY OPERATIONAL MALFUNCTION, DAMAGE TO THE BATTERY, EQUIPMENT, DEVICES OR THE SURROUNDING ENVIRONMENT AND SERIOUS PHYSICAL INJURY TO YOURSELF AND OTHERS.

 

ONLY THOSE PERSONS WHO:

  • HAVE STRONG FOUNDATION IN TECHNICAL KNOWLEDGE AND SKILLS RELATED TO ELECTRICAL AND ELECTRONIC SYSTEMS, BATTERIES, CIRCUITS AND EQUIPMENT,
  • UNDERSTAND HOW THE SOFTWARE INTERACTS WITH AND IMPACTS THE FUNCTION AND SAFETY OF A BATTERY, AND
  • FULLY UNDERSTAND ALL THE WARNINGS AND THE RISKS PRESENTED IN THE EULA

MAY USE THE APPLICATION

 

NLBA Laptop Battery Analyzer

End-User License Agreement (“Agreement”)

Last updated: January 17, 2024

 

Please read this End-User License Agreement carefully before clicking the “I accept the agreement” button, downloading, installing, using or accessing the Software.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

Application means the software program and the related documentation provided by the Company downloaded by You to a Device, or accessed via a Device. May include the firmware installed on any hardware product manufactured or supplied by the Company.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SC NIP Embedded Systems SRL, Str. Visinilor 10, Valea Adanca, Iasi, Romania

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Application such as a computer, a cell phone, a digital tablet or any data storage device.

NLBA means a hardware product “NLBA Laptop Battery Analyzer” manufactured or supplied by the Company.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You, Your and Licensee means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Suggestions means any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application.

 

Acknowledgment

By clicking the “I accept the agreement” button, downloading, installing, accessing, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I accept the agreement” button, do not download the application, do not install the Application, do not access the Application and do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

By accepting this Agreement You are also agreeing to other Company rules and policies that are expressly incorporated into this Agreement. Please read them carefully:

Our Privacy Policy (https://www.laptopu.ro/privacy-policy/) explains what information we collect from you and how we protect it.

Our Terms of Service (https://www.laptopu.ro/terms-and-conditions/) explain the rules for our website https://www.laptopu.ro .

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

 

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for use by You strictly in accordance with the terms of this Agreement.

 

License Restrictions

You agree not to, and You will not permit others to:

License, sublicense, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Modify, translate, reproduce, make derivative works of, disassemble, emulate, reveal the techniques, decrypt, reverse compile or reverse engineer any part of the Application or the NLBA product.

Make any attempt to discover the Source Code of the Application or the NLBA product or create derivative works from the Application or NLBA product.

Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application or NLBA product.

Extract any reference and information materials from the databases included into the structure of the Application, and subsequently use them in any form and manner.

Recover in any way the structure charts and computer algorithms of any part of the Application or NLBA product.

Use the Application with NLBA product clones.

 

License models

  • The Application works with the NLBA product and it may work with other third-party devices.
  • Some features of the Application may require enabling by purchasing a subscription.

You can purchase a subscription to the Application. By subscribing, you enable all capabilities at once for the period of paid subscription (one or two years). If a new capability is released during a subscription period, this capability automatically becomes enabled for the subscription duration. Subscriptions are not automatically renewed. You can buy a new subscription at any time.

  • The Application works with only 1 Device at a time. If the Device fails or a hardware component is changed then the device may be activated on another Device (a maximum of 3 Device changes are allowed). Note that each Device change is recorded and the history is saved. It cannot be used on 2 Devices (for example one at home and one at work). Once the maximum limit exceeds 3 Devices, one final activation can be granted, upon a satisfactory explanation of the situation.
  • The Application requires internet access for authentication.
  • The Technical Support is free and offered only through the community https://www.laptopu.ro/community

 

Intellectual Property (Copyright)

The Application and NLBA product, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Application is protected by copyright laws and international treaty provisions. Therefore, You must treat the Application like any other copyrighted material.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

 

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

 

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

 

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

 

Maintenance and Support

The Company does not provide any maintenance, updates, or support for the download and use of the Application, except as provided by the License Option chosen by You. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

 

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

 

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://www.laptopu.ro/privacy-policy

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

 

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from all Devices.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Devices.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

 

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation

of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

WARRANTY DISCLAIMER

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

YOU UNDERSTAND AND AGREE THAT THE USE OF THE APPLICATION AND the NLBA PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, BATTERY, SYSTEM, OR NETWORK, INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE, OR AMEND THE APPLICABLE WARRANTY THAT RELATES TO YOUR USE, IF APPLICABLE, OF Company productS.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT, ANY NON-COMPANY PRODUCT, OR THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER. THE COMPANY IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, trademark, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT OF THIRD-PARTY CONTENT. THE COMPANY, ITS OFFICERS, AFFILIATES, AND SUBSIDIARIES DO NOT WARRANT OR ENDORSE AND DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRDPARTY CONTENT OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES ACCESSED THROUGH THE application. TO THE EXTENT YOU CHOOSE TO USE OR ACCESS ANY THIRD-PARTY CONTENT THROUGH THE APPLICATION, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION APPLICABLE LOCAL LAWS AND PRIVACY AND DATA COLLECTION LAWS.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or $30.00 USD if You haven’t purchased anything for the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, PUNITIVE, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, COMPUTER SYSTEM FAILURE, MALFUNCTION, DAMAGE TO BATTERIES, loss of privacy arising out of or in any way related to the use of or inability to use the Application OR NLBA PRODUCT, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

 

ASSUMPTION OF RISK

AS AN EXPRESS CONDITION OF BEING PERMITTED TO USE THE APPLICATION YOU ASSUME ALL RISKS, RESPONSIBILITY, AND LIABILITY FROM THE USE OF THE APPLICATION AND THE NLBA PRODUCT BY YOU, WHETHER THE APPLICATION IS USED ON SAFETY CRITICAL OR NON-SAFETY CRITICAL APPLICATIONS.

 

High Risk Activities

The Application and the NLBA product are not designed for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, weapons systems, or any other machines in which case the failure of the Application could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”).

Accordingly, the Company or its affiliates, partners, suppliers or the licensors of the Application specifically disclaim any express or implied warranty of fitness for High Risk Activities.

 

Geographic And Export Restrictions

The Company makes no representation that the Application is appropriate for use in your country of use. You acknowledge that no part of the Application, the NLBA product or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries or regions subject to Romania trade embargo, or anyone on any of the Romania government’s Lists of Parties of Concern including, the Romania Treasury Department’s list of Specially Designated Nationals or the Romania Commerce Department’s Denied Persons List and Entity List. By using the Application or NLBA1 product, you are agreeing to the foregoing, and are representing and warranting that you are not located in or under the control of a national or resident of any such country or on any such list and you agree that you will not use the Application or the NLBA product in any activities directly or indirectly related to the proliferation of weapons of mass destruction, except as authorized under applicable laws and regulations.

You further acknowledge and understand that certain functionality of the Application, such as battery repairing or authentication, may be subject to export and import restrictions and you are responsible for complying with all applicable restrictions and regulatory requirements.

You agree to comply fully with all applicable national and international export regulations including, but not limited to, those of Romania, of the European Union and regulations of any other country or jurisdiction which may apply. In particular, but not in limitation of the foregoing, You must assure that the Application or the NLBA product is not: (i) downloaded, exported, re-exported or transferred, directly or indirectly, contrary to any applicable law, or (ii) used for any purpose prohibited by applicable national and international export regulations or (iii) delivered to persons/entities otherwise ineligible to use the Application or the NLBA product.

 

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Product Claims

The Company does not make any warranties concerning the Application.

 

Changes to this Agreement

The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement and the Application for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this Agreement on the Company website: https://www.laptopu.ro/EULA . You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to Your or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with TERM AND TERMINATION and must immediately uninstall the Application and destroy all copies of the Application.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

 

Governing Law

This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of Romania.

Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Company in accordance with the applicable procedural law of Romania.

The language to be used in the arbitration proceeding shall be Romanian.

The application of the United Nations Convention on Contracts for the International Sales of Goods from this agreement is excluded.

Your use of the Application may also be subject to other local, state, national, or international laws.

 

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

 

Contact Us

If you have any questions about this Agreement, You can contact Us at contact {at} laptopu dot ro.

SC NIP Embedded Systems SRL

Valea Adanca, Iasi, Romania

contact {at} laptopu dot ro

Copyright © 2024 SC NIP Embedded Systems SRL. All Rights Reserved.