EULA - EN - 2009 VISURE
Contents
1. any data image or ex ecutable files databases data engines computer software or similar items customarily used or distributed with computer software products 3 anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE and 4 any associated media documentation including physical electronic and on line and printed materials the Documentation Trial edition of IRQA shall mean the edition of the SOFTWARE PRODUCTS which is available free of charge for evaluation purposes for a period of 15 days 1 Purpose of the Agreement The LICENSER grants the LICENSEE a non exclusive non transferable and perpetual licence to use the SOFTWARE PRODUCTS listed therein and under the terms thereof By virtue of accepting the terms and conditions established in this EULA the LICENSEE does not acquire any ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCTS The LICENSEE is only entitled to use the SOFTWARE PRODUCTS in accordance with the terms and conditions set forth in this EULA By using the SOFTWARE PRODUCTS The LICENSEE agrees to accept the terms and conditions established in this EULA Upon payment of the licence fee The LICENSEE will be sent details on where to download the registered edi tion of the SOFTWARE PRODUCTS and will be provided by email with the suitable permanent software key 2 Evaluation Licence Visure Solutions 2009 1 5 The Tria2. may use the Products under the specifications and for the duration stipulated in the Purchase Order solely and exclusively within the territory market segment stated therein Any changes or alterations to the specifications stipulated in the Purchase Order without the express consent from the LICENSEE are strictly prohibited 4 2 The Products shall only be used in the CPUs where they have been initially installed Notwithstanding the above the LICENSEE may temporarily transfer the Products to another CPU should the originally allocated one have suffered damages and as a result be inoperable due to faults start of a computer disaster recovery programme or preventive maintenance The LICENSEE shall always notify the LICENSER in writing before conducting any of the above 4 3 The LICENSEE may not customise modify decompile disassemble or perform reverse engineering on the Products included herein or on any part thereof not even for maintenance or improvement pur poses Likewise he may not remove any component parts of the Products in order to use them in more than one CPU Any customisations or modifications of the Product by the LICENSEE or by a third party shall relieve the LICENSER from any obligation derived from said actions and they shall constitute suf ficient cause to terminate this agreement All of the above does not affect any other legal actions to which the LICENSER may be entitled in order to protect his rights and interests
3. 5 Products Ownership 5 1 Any rights on the Products partial or full copies thereof as well as any related documents provided by the LICENSER are and shall always be the exclusive property of the LICENSER 52 The LICENSEE agrees not to sell resale lease sublease or reproduce copy or transfer in any way whether totally or partially the Products herein 5 3 The LICENSER shall remain the sole proprietor of the ownership royalties and all copyrights and patent rights on the Products The SOFTWARE PRODUCTS are protected by copyrights as well as by the ap plicable International Copyright Laws and Treaties 5 4 No right whatsoever concerning the usage modification licence or any other type of exploitation of any of the brands trade names logos websites domain names or any other Patent Rights which may be the property of the LICENSER are hereby granted Visure Solutions 2009 2 5 5 5 6 1 6 2 6 3 PAs 7 2 7 3 7 4 Specifically The LICENSEE are not licensed nor authorized to develop the SOFTWARE PRODUCTS or to create new versions of the same Updates and upgrades to the SOFTWARE may be provided by the LICENSER from time to time upon the terms and conditions offered at each time The LICENSER may provide updates and upgrades to the SOFTWARE for free or for any charge and through its chosen manner of access and distribution all in the LICENSER s sole discretion Personal data processing and protectio
4. TERMS FOR GRANT OF IRQA SOFTWARE LICENSES TO END USERS END USER LICENSE AGREEMENT FOR IRQA SOFTWARE IMPORTANT READ CAREFULLY This End User Licence Agreement EULA is a legal agreement between YOU as Licensee and Visure Solutions SL for the use of SOFTWARE PRODUCTS as defined below By installing copying or otherwise using the SOFTWARE PRODUCTS YOU agree to be bound by the terms and conditions contained in this EULA If YOU do not agree to all terms and conditions contained in this EULA you may not install or use the SOFTWARE PRODUCTS Also if you do not agree to all of these terms and conditions then you must promptly return the SOFTWARE to the place of business from which you obtained it in accordance with any return policies of such place of business Return policies may vary between or among resellers and you must comply with your particular reseller s return policies as agreed at the point of purchase DEFINITIONS In this End User Licence Agreement EULA shall mean this End User Licence Agreement Licenser shall mean Visure Solutions SL Licensee shall mean YOU or the organisation if any on whose behalf YOU are taking the EULA SOFTWARE PRODUCTS or SOFTWARE or PRODUCTS shall mean IRQA and IRQANET Requirements Management and Engineering tools and additional modules The term SOFTWARE includes to the extent provided by Visure Solutions SL 1 any revisions updates and or upgrades thereto 2
5. e decision putting an end to the conflict Language The parties hereto confirm that it is their wish that these Conditions as well as other documents relating hereto have been and shall be drawn up in English only This English version shall be valid and en forceable between the parties and both of them understand entirely any and all of its clauses Miscellaneous Likewise both parties agree that in case any clause and or mention of this agreement was declared null or annullable by a competent person or entity to do so in accordance with the applicable legislation Visure Solutions 2009 4 5 in force at each moment and as long as these clauses are not of an essential nature for the present agreement the rest of the clauses and provisions of the present agreement will remain in force and will be applicable in the terms established in this agreement 11 2 This EULA including any addendum or amendment to this EULA included with the SOFTWARE is the final complete and exclusive statement of the entire agreement between the LICENSEE and the LICENSER relating to the SOFTWARE This EULA supersedes any prior and contemporaneous pro posals purchase orders advertisements and all other communications in relation to the subject matter of this EULA whether oral or written No terms or conditions other than those contained in this EULA and no other understanding or agreement which in any way modifies these terms and conditions shall be bind
6. his her business group agents employees or independent personnel will be held nor be expected to be held liable for e Loss of benefits income or clients loss or waste of the organisation time of other employees whether directly or indirectly e Loss or destruction of data whether directly or indirectly e Any indirect special incidental or general loss or damage no matter how it is caused even if the provider has been informed of the loss or damage risk and even if the LICENSER or the LICENSEE has been informed of the possibility of such loss or damage whether it is due to negligence a minor fault breach of contract or anything else e The LICENSER will not be held liable for any defect anomaly or error in the IRQA product opera tion Specifically LICENSER shall not be deemed as liable in cases of direct or indirect incidental or conse quential damages when the Trial Edition of IRQA is downloaded through the Internet for trial purposes In this case LICENSEE or subscriber of the Trial Edition of IRQA downloads the SOFTWARE PRODUCTS at his her own risk and only for trial purposes The terms of this Contract include the totality of the obligations and responsibilities of the LICENSER regarding the licensed Product the documents related thereof and the Service provided Therefore the terms stated in this contract replace any other guarantee condition term agreement and obligation ei ther express or implicit imposed by
7. ing upon the parties unless entered into in writing executed between the parties or by other non oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound such as by continuing with an installation of the SOFTWARE clicking through a questionnaire etc Employees agents and other representatives of the LICENSER are not permitted to orally modify this EULA 12 Termination 12 1 Notwithstanding Clause 1 above the LICENSER may terminate this EULA if The LICENSEE fail to comply with the terms and conditions established hereunder Upon termination the LICENSEE or the LICENSEE representative shall destroy all copies of the SOFTWARE PRODUCTS and all of its compo nent parts or otherwise return or dispose of such material in the manner directed by the LICENSER 12 2 The LICENSEE agrees to indemnify hold harmless and defend the LICENSER and its suppliers and resellers from and against any and all claims or lawsuits including attorney s fees which arise out of or result from your breach of any of the terms and conditions of this EULA 13 Use of Customer Name Customer agrees that the LICENSER and his authorized Partners may use Customer s name and logo in advertisements other promotional material and the LICENSER S website This clause is not applica ble when using the Trial edition of IRQA Visure Solutions 2009 5 5
8. l edition of the IRQA is not free software but a free of charge edition of the SOFTWARE PRODUCTS which is available for testing purposes only Consequently the liabilities of the LICENSER shall be limited as indicated below If the LICENSEE is using a Trial version or evaluation copy then any granted Licence shall be limited as follows a On request and at the LICENSER discretion The LICENSEE will be provided without charge with a temporary key and will be licensed to use the SOFTWARE for a period of fifteen 15 days the Evaluation Period for evaluation purposes only b Upon completion of the Evaluation Period The LICENSEE shall either i delete the SOFTWARE from the computer where it has been installed or The LICENSEE may ii contact the LICENSER or one of its authorized dealers to purchase a license of the SOFTWARE which is subject to the terms and limitations contained herein Unregistered use of the SOFTWARE PRODUCTS after the Evaluation Period is in violation of Spanish and international conventions on copyright law The LICENSER may extend the evaluation period on request and at their only discretion 3 Validity of the Licence Grant The grant of any licence hereunder shall only become effective from the moment when the LICENSER issues an invoice for the total price of the Licence s as contracted by the LICENSEE under the Purchase Order 4 Changes to the usage specifications and or the product 4 1 The LICENSEE
9. law by consensus by habit commercial custom or in any other way and especially the guarantees of quality and adaptation to a specific purpose of diligence and or reasonable ability all of which are expressly excluded insofar as it is permitted by the applicable im perative law Subject to what is stated previously both parties expressly agree to establish the maximum liability limit of the LICENSER derived from this contract or in relation therewith for any concepts whether it is con tractual or non contractual fault negligence or punitive compensations or of any other nature at an amount equal to the sum received by the LICENSER from the LICENSEE derived from the purchase of the corresponding Licence s object of the complaint Conflict resolution The present contract and the rights and obligations deriving therefrom will be governed by the provi sions of the Spanish Laws in force at the acceptance of the present document Any dispute conflict and or discrepancy that may arise or related in some way to the present Contract will be exclusively settled by arbitration before the Court of Arbitration of Madrid of the Official Chamber of Commerce and Industry of Madrid that will manage the arbitration and the appointment of arbitrators in accordance with its rules and statutes Arbitration The LICENSER and the LICENSEE expressly accept this clause and agree to submit to Arbitration and to comply entirely with the provisions of th
10. n The LICENSER will scrupulously respect the confidentiality of the personal data submitted by the LICENSEE as well as any measures necessary for their processing according to the observance of the regulations in force on the protection of data and among others the provisions of the Spanish Organic Law 15 1999 of 13 December on the Protection of Personal Data The personal data that the LICENSEE provides to the LICENSER will be processed by Visure Solutions SL c Labradores 1 28760 Tres Cantos Spain in order to use them for the maintenance of the busi ness relationship between the LICENSER and the LICENSEE and to inform the latter of future products that affect the development of the LICENSER If the LICENSEE wishes to exercise his her access rectification cancellation and opposition rights he she will have to contact in writing the LICENSER at the abovementioned address enclosing his her identity card or passport Guarantee The LICENSER guarantees for a period of ninety 90 days or where appropriate for the minimum legal period established by the imperative regulations applicable in each case that each Product shall perform substantially in accordance with its User Manual as long as it is used in accordance with the technical and operational specifications of said User Manual The SOFTWARE is delivered on an AS IS basis LICENSER does not guarantee that the Product will operate without interruption or that it will meet
11. the LICENSEE s expectations or commercial necessities If the Product contains errors the LICENSER will act in accordance with the provisions of the legislation applicable at each moment The previous guarantee will not be applicable in the following cases e When the product s has have not been used according to the instructions specified in the User Manual e When the initial configuration requirements or specifications that appear in the User Manual have been modified e When the LICENSEE s equipment or main accessories do not work properly due to causes that cannot be attributed to the LICENSER e When the software installed in the equipment in which the SOFTWARE PRODUCTS are to be used is not original or has operational dysfunctions or is incompatible with the SOFTWARE PRODUCTS e When the SOFTWARE PRODUCTS have been damaged whatever the cause by the LICENSEE s software or hardware The LICENSER expressly states and the LICENSEE accepts that he she will not assume any respon sibility or obligation other that those specifically described in this Contract those that may apply accord ing to the legislation that is of imperative application or those that may have been agreed upon ex pressly and individually with each LICENSEE Limitation of liability Visure Solutions 2009 3 5 8 1 8 2 8 3 9 1 9 2 10 11 Both parties agree and state that in no case the LICENSER nor any of the members of
Download Pdf Manuals
Related Search