Subscribe: Step 1 - EULA agreement

Usage Plans:
EPCglobal SubscriberNon-Subscriber
Monthly Plan$600$600
Annual Plan$6000$6000


Please read carefully the license information:

AGREEMENT BETWEEN USER AND EPCGLOBAL, INC. AND MET LABORATORIES

DESCRIPTION: The EPCIS Validation Portal Software (hereinafter “EPCISVP” or “Software”) is licensed to User hereunder conditioned on User’s acceptance, without modification, of the terms, conditions and notices contained herein. User’s download and/or use of EPCISVP constitutes agreement to all the terms, conditions and notices set forth herein.

ATTENTION: PLEASE SCROLL DOWN TO THE END OF THE END-USER LICENSE AGREEMENT (“EULA”) PORTION HEREUNDER AND CLICK “I ACCEPT” BEFORE YOU CONTINUE WITH ANY SOFTWARE DOWNLOAD.

PLEASE READ THIS AGREEMENT CAREFULLY: BY CLICKING THE ACCEPT BUTTON AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE AND/OR DOCUMENTATION HEREIN, USER (EITHER AS AN INDIVIDUAL OR AS AN ENTITY) CONSENTS TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

End User License Agreement

This Agreement is between User (either as an individual or a single entity) and EPCglobal Inc. and MET Laboratories with regard to the copyrighted EPCISVP Software provided with this Agreement. The Software includes computer software, the associated media, printed materials, and/or "online" or electronic documentation. Use of any Software and related documentation provided to User by EPCglobal Inc. and/or MET Labs in whatever form or media, is provided in accordance with acceptance of the terms of this Agreement, unless separate and/or additional terms are provided by a software supplier, in which case certain additional or modified terms may apply. If User does not agree with the terms of this Agreement, do not download, install, copy or use the Software and related material. By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, MET Labs is unwilling to license the Software to User. User acknowledges and agrees that (i) the Software is protected by copyright and may be protected by other intellectual property laws, (ii) User acquires only the right to use and implement the Software and does not acquire any other rights, express or implied, in the Software, and (iii) User’s rights to use and implement the Software may be subject to the patent rights of others.

1. Eligible Licensees: The Software under this Agreement is available for license solely to EPCglobal members, with no right of duplication, copying or further distribution, licensing, or sub-licensing use of the Software or related documentation. IF USER DOES NOT HAVE THE RIGHT TO USE THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.

2. License Grant: Subject to the terms of this Agreement, MET Labs grants to User a personal, limited, non-transferable and non-exclusive right to use the Software provided under this Agreement.

3. Restrictions: Except as otherwise provided in this Agreement, User may not copy the Software, except as necessary to use it on a single computer and User may not copy the written materials or electronic documentation accompanying the Software. Modifying, translating, renting, copying, leasing, sublicensing, or otherwise transferring or assigning all or any part of the Software and/or documentation, to any other persons and removing any proprietary notices, labels or marks from the Software and/or documentation, is strictly prohibited. Furthermore, User agrees not to create derivative works based on the Software and/or accompanying documentation. You may not sell, license, rent, lease, sublicense, loan or otherwise transfer the Software or the documentation.

4. Copyright: User acknowledges that no title to the copyright and other intellectual property in the Software and documentation is transferred to User. User further acknowledges that title and full ownership rights to the Software and documentation will remain the exclusive property of MET Labs and User will not acquire any rights thereto, except as expressly set forth herein. All copies of the Software and documentation will contain the same proprietary notices as contained in or on the Software and documentation as received by User. All title and copyrights in and to the Software and documentation (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Software), the accompanying materials, are owned by EPCglobal Inc., MET Labs or its suppliers.

5. Reverse Engineering: User agrees not to attempt, and if User is a business entity, User will use its best efforts to prevent employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software, in whole or in part. Any failure to comply with the above, or any other terms and conditions contained herein, will result in the automatic termination of this Agreement and the license hereunder.

6. Disclaimer of Warranty: The Software is provided "AS IS" without warranty of any kind by EPCglobal, Met Labs, its directors, employees, licensors, suppliers, partners and agents. To the maximum extent allowed by applicable law, EPCglobal Inc., MET Labs, and its Licensors expressly disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party intellectual property rights. Neither EPCglobal Inc. nor MET Labs warrant that the functions contained in the Software will meet User’s requirements or that the operation of the Software will be uninterrupted or error-free. EPCglobal Inc. and MET Labs are NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

7. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPCGLOBAL AND/OR MET LABS AND/OR ITS LICENSORS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR ECONOMIC DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY OR FOR ANY LOST REVENUE, PROFIT, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND RELATED DOCUMENTATION, EVEN IF EPCGLOBAL AND MET LABS OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. EPCGLOBAL AND MET LAB’S TOTAL CUMULATIVE LIABILITY TO USER FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY USER FOR THE SOFTWARE HEREUNDER.

8. Transfer: This Agreement, the rights, duties and obligations hereunder may not be assigned or transferred to any other party.

9. Upgrades: If the Software is an upgrade from an earlier release or previously released version, User may use that upgraded product only in accordance with this Agreement. If the Software is an upgrade of a software program which has been licensed as a single product, the Software may be used only as part of that single product package and may not be separated for use on more than one computer.

10. OEM Product Support: Product support for the Software is provided by MET Labs. For product support, please call MET Labs. Should User have any questions concerning support, please refer to the address provided in the documentation.

11. Further Limitation on Liability: EPCglobal Inc.’s and MET Labs’ entire liability and User’s exclusive remedy shall not exceed the price paid for the Software, if any.

12. Other Damages: User acknowledges that breach of this Agreement will give rise to immediate and irreparable damage to EPCglobal and Met Labs. Accordingly, EPCglobal and Met Labs individually or together, may seek and obtain injunctive relief against any breach or threatened breach of this Agreement, in addition to other legal remedies which may be available.

13. Indemnification: User shall indemnify, hold harmless and defend EPCglobal, Met Labs and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise from the use of the Software or any product tested with the Software.

14. Confidentiality: MET Labs will not disclose or make available to others any of User’s proprietary information, provided in User material to MET Labs, except to bona fide employees, officers, directors, and/or agents of MET Labs, whose access is necessary to facilitate User’s participation in the Software implementation and testing, provided however that, MET Labs may provide anonymous and aggregate reports for the purpose of analytical and statistical reporting to EPCglobal and GS1 Member Organizations.

15. Governing Law: This Agreement shall be interpreted and enforced under the laws of the State of New Jersey, without reference to conflict of laws principles.

16. Entire Agreement: This Agreement constitutes the entire agreement between User and EPCglobal and Met Labs relating to the Software and related documentation, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations unless expressly referred to herein.

17. Severability: If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions hereof shall continue in full force and effect.

18. Modifications: This Agreement may not be modified, except by a written addendum signed by a duly authorized representative of EPCglobal and Met Labs.

19. Waiver: No provision of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by EPCglobal and Met Labs.

EPCglobal Inc. and MET Laboratories