License agreement
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN 1080DOTS B.V. AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL OR ENTITY ON WHOSE COMPUTER THE SOFTWARE IS INSTALLED). IF YOU CLICK THE “ACCEPT” OPTION OR INSTALL THE SOFTWARE PRODUCT ACCOMPANYING THIS AGREEMENT (THE “SOFTWARE”) YOU WILL BE BOUND BY THIS AGREEMENT.
If you do not wish to agree to these terms, please click “DO NOT ACCEPT”
NOTICE: THE SOFTWARE MAY CONTAIN A “TIME OUT’ FEATURE THAT WILL RENDER THE SOFTWARE INOPERATIVE AT THE END OF THE TERM (AS DEFINED BELOW).
END USER SOFTWARE LICENSE AGREEMENT
1. License Grant; Related Provisions
a. Grant of License
1080dots B.V., subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the Term to use the Software only in executable or object code form solely for your personal or business purposes. This license authorizes you to use the Software on or in conjunction with up to (i) the number of computers specified by your order for the Software, or (ii) in the case of Software purchased on a USB stick or other physical medium, the number specified on the Software package, or (iii) if you received the Software in combination with other hardware or software, solely in conjunction with such other hardware or software.
b. Limitations
You shall not, and shall not permit any third party to,
(i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement and for off-line archival and disaster recovery purposes;
(ii) except for temporary transfer in the event of computer malfunction, install the Software on a second computer;
(iii) publish the Software or use the same other than for the purposes described in Section 1.a of this Agreement;
(iv) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software.
(v) except as expressly authorized by law, change, modify or otherwise alter the Software.
(vi) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale or other transfer of the computer on which it is initially installed;
(vii) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service, rental or application service provider basis or otherwise; or
(viii) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.
c. Updates
1080dots B.V., from time to time during the Term, may provide updates to the Software. Updates will be deemed Software for all purposes under this Agreement. You acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.
2. Term; Termination
a. Term
The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will continue
(i) for the term you specified in your order for the Software, or
(ii) if you purchased the Software on USB stick or other physical medium, on the Software package, or
(iii) if you received the Software in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, 1080dots B.V. will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the “Term”.
b. Termination
1080dots B.V., in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
c. Effect of Termination
On the expiration or termination of this Agreement, you will cease using the Software, 1080dots B.V. may cease making Updates available to you, and the Software may cease functioning. Sections 1.b, 3, 4, 5 and 6 will survive the expiration or termination of this Agreement.
3. Ownership
1080dots B.V. reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software (including, but not limited to, data files, images appearing in the Software and screen displays as well as any and all documentation relating to the Software) are owned by 1080dots B.V. or its licensors, and are protected by copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.
4. Warranties
a. General
1080dots B.V. warrants, that on delivery of the Software and for a period of thirty (30) days thereafter, that the medium (if any) on which the Software is delivered will be free of material defects, and that the Software will perform substantially in accordance with the applicable specifications. The foregoing warranty applies only to the Software as originally delivered, and does not apply to Updates. Your sole and exclusive remedy for breach of this Warranty is replacement of the defective media or Software or, at 1080dots B.V.’ option, return of the Software for a full refund. In order to exercise your rights under this Section 4, you must deinstall and destroy all copies of the Software you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return the Software in its original package, along with your receipt, to the point of purchase.
b. Beta Versions
Notwithstanding the provisions of Section 4.a, THE PROVISIONS OF THIS SECTION 4.b APPLY IN PLACE OF SECTION 4.a IF (AND ONLY IF) THE SOFTWARE IS A “BETA TEST” VERSION. In view of the evaluation nature of Software, Software is provided on an “as is”, “as available” basis, without warranty and without support or other services by 1080dots B.V.. YOU AGREE TO USE THE 1080dots BETA SOFTWARE STRICTLY FOR THE PURPOSES OF EVALUATION AND TESTING, AND THAT YOUR RELIANCE ON THE AVAILABILITY OR ACCURACY OF THE 1080dots BETA SOFTWARE SHALL BE ENTIRELY AT YOUR OWN RISK.
c. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 4.a OF THIS AGREEMENT, 1080DOTS B.V. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. 1080DOTS B.V. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1080DOTS B.V. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, EVEN IF 1080DOTS B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1080DOTS B.V.’ LIABILITY RELATED TO THE SOFTWARE EXCEED THE LESSER OF THE FEES YOU ACTUALLY PAID FOR THE SOFTWARE AND 1080DOTS B.V.’ SUGGESTED RETAIL PRICE FOR THE SOFTWARE AS OF THE DATE YOU RECEIVED IT. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Miscellaneous
a. Notice
1080dots B.V. may deliver any notice to you via pop-up window, dialog box or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date 1080dots B.V. first makes it available through the Software, irrespective of when you actually receive it.
b. Privacy
You acknowledge that 1080dots B.V. collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to 1080dots B.V.’ collection and use of such information, and agree that 1080dots B.V.’ collection and use of such information will be governed by 1080dots B.V.’ Privacy Policy, as 1080dots B.V. may revise the same from time to time.
c. Complete Agreement
This Agreement constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.
d. Amendments; Waiver
This Agreement may be modified or changed in whole or in part in any manner other than by an Agreement in writing duly signed by both parties hereto or by a further electronic agreement presented by 1080dots B.V. and accepted by you. 1080dots B.V.’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
e. Severability
The parties desire and intend that all of the provisions of this Agreement be enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any case, the remaining terms of this Agreement or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.
f. Governing Law
This Agreement will be governed by the laws of the Netherlands.
g. Export Controls and Tax
You agree to comply with all applicable international laws governing export and reexport of the Software. You agree to comply with the tax duties valid in your country. All the information you provide to 1080dots is correct, especially your address/country. If this information proofs to be wrong, 1080dots will send you an invoice for the Tax amount according to the Tax duties valid in The Netherlands.
h. Language
This Agreement was originally prepared in the English language. Although 1080dots B.V. may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
