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END USER SOFTWARE LICENSE AGREEMENT

NOTICE TO USER:

PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING / USING ALL OR ANY PORTION OF THE SOFTWARES AVAILABLE ON THIS WEBSITE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  

1.      Definitions

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: 

"Licensor" means the Developer of the Software to be downloaded from this website.

“Licensee” means You or Your Company, unless otherwise indicated.

"Software" means (a) all of the contents of the files, disk(s), or other media available for downloading on this website including but not limited to (i) Licensor’s or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the Licensor (collectively, "Updates").

"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by the Licensor.

"Site Collection" Is used in this document to mean exactly the same thing as “Site Collection” in Microsoft SharePoint. That is to say, it is a single collection of SharePoint sites.

2.      Software License

The Software is being licensed, not sold, to You for use only under the terms of this license. The licensor reserves all rights not expressly granted to You. As long as you comply with the terms of this End User License Agreement (the "Agreement"), the Licensor grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions.

2.1   General Use

You may install and Use a copy of the Software in up to a maximum of 3 Site Collections.

2.2   Backup Copy

Back-up copies of the software downloaded will always be available at the store and can be downloaded anytime during the subsistence of this Licence.

You may make one backup copy of the Software, provided your backup copy is not installed or used outside the terms outlined in “General Use”. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.

2.3   Stock Files

Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.

3.      Intellectual Property Rights

The Software and any copies that you are authorized by the Licensor to make are the intellectual property of and are owned by the Licensor. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Licensor. The Software is protected by copyright, including without limitation by Dutch Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License").

Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested the Licensor to provide the information necessary to achieve such operability and the Licensor has not made such information available.

The Licensor has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by the Licensor or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the the Licensor Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

4.      Transfer

You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users Site Collection except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer or within Site Collections; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

5.      Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates

If the Software supports multiple platforms or languages, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of Site Collections on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your Site Collections after you receive the Update to assist you in the transition to the Update, provided that: ; the previous version or copies thereof are not transferred to another party or Site Collection unless all copies of the Update are also transferred to such party; and you acknowledge that any obligation the Licensor may have to support the previous version of the Software may be ended upon availability of the Update.

6.      Consent to Use of Data:

You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the software licensed. Lisensor may use this information, as long as it is in a form that does not personally identify You, to improve its software or to provide services or technologies to You.

7.      Maintenance and Support

The Licensor shall be solely responsible for providing any maintenance and support services with respect to the software Licensed, the Distributor / Supplier of this Software has no

obligation whatsoever to furnish any maintenance and support services with respect to the software licensed.

8.      Third Party Materials

The licensed software may enable access to the Licensor’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

9.      NO WARRANTY

The Software is being delivered to you "AS IS" and LICENSOR makes no warranty as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, [NAME OF THE APPLICATION DEVELOPER] AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

10.   Pre-release Product Additional Terms

If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from the Licensor, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and the Licensor disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, [THE Licensor'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF EUR 50.00 IN TOTAL. You acknowledge that the Licensor has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that the Licensor has no express or implied obligation to you to announce or introduce the Pre-release Software and that the Licensor may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by the Licensor, you will provide feedback to the Licensor regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the  Licensor Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by the Licensor of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from the Licensor and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America or Canada, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for the Licensor's first commercial shipment of the publicly released (commercial) Software.

11.   LIMITATION OF LIABILITY

IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF the Licensor’s REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE LICENSOR’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits the Licensor's liability to you in the event of death or personal injury resulting from the Licensor's negligence or for the tort of deceit (fraud). The Licensor is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact the Licensor's Customer Support Department.

12.   Export Rules (OPTIONAL – FOR AMERICAN COMPANIES)

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

13.   Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of The Netherlands.

14.   General Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may be mo0difed via the presentation of a new version to you via the Distributor. Updates may be licensed to you by the Licensor with additional or different terms. This is the entire agreement between Licensor and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

15.   Compliance with Licenses

If you are a business or organization, you agree that upon request from the Licensor or the Licensor's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from the Licensor.

If you have any questions regarding this Agreement or if you wish to request any information from the Licensor please use the address and contact information included with this product to contact the Licensor’s office serving your jurisdiction.

The name of the Licensor, their Software, and brand name are either registered trademarks or trademarks of the Licensor in the United States and/or other countries.

16.   Termination

The license is effective until terminated by You or the Licensor. Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of this software, and destroy all copies, full or partial, of this software.

17.   Product Claims

The Licensor shall be solely responsible for addressing any claims of the end-user or any third party relating to the Licensed Software or the end-user's possession and / or use of that Licensed Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Software fails to conform to any applicable legal or regulatory requirement; and (¡ii) claims arising under consumer protection or similar legislation.