End-user license agreement

End-user license agreement

1         Object of Agreement

1.1      This End User License Agreement (hereinafter referred to as EULA) is an agreement between Allium (Deutschland) GmbH, the Licensor/Conatractor, who has developed the Software, and ORBIT Gesellschaft für Applikations- und Informationssysteme mbH, the Licensee/Client, who is granted a right to use PIMICS (hereinafter referred to as the „Software“) on the terms set out herein and for as long as the subscription is maintained.
1.2      The Software is licensed on a subscription basis (license plus maintenance) and shall be used for demo and test purposes only. In this respect the subcription is provided free of charge and without limitation of period of use.
1.3      The following terms and conditions shall apply for the provision and utilization of the solution Pimics by Allium, s.r.o. including if applicable any used combined programs and updates. This software is based on Microsoft Dynamics NAV 2018.
1.4      You must read this EULA before installing, having installed, or using the Software, as the right of use is subject to you complying with the terms herein.
1.5      By signing this EULA, or by installing, having installed, or using the Software, you accept the terms herein. If you cannot accept them, do not install, have installed or use the Software.
1.6      The EULA thus enters into force the moment you sign the EULA or the Software is installed in your system or used by you, whichever comes first.

2         Definitions

2.1      Software. The Software may include:

  • server software, which is software that provides services or functionality on your Server;
  • client software, which is software that can be installed on Devices, and which allows the Devices to access or use the Server Software or to use certain aspects of the Server Software when disconnected from the Server;
  • additional components, which may however be separately licensed in which case such terms shall apply in relation to the given component;
  • standard software, which is software developed by the Licensor independently of any specific requirements or needs of the Licensee, and which the Licensor offers to its clients (licensees) as a standard solution; or
  • customized software, which is software developed by the Licensor to fulfil the specific requirements or needs of the Licensee, e.g. in connection with correction of errors specific to Licensee, and which has not previously been developed by the Licensor.

2.2      Client/Licensee/you: The legal entity or physical person that has accepted this EULA;
2.3      Contractor/Licensor: Allium, s.r.o;
2.4      Server: A computer that is capable of running server software;
2.5      User: A physical person that uses the Software;
2.6      Changes: Any modifications, adaptations, developments etc. of the Software performed by you or a third party acting on your behalf.

3         Intellectual Property Rights

3.1      The Contractor agrees to manage, maintain and archive the source code of all program parts he created or modified including evidential and unmistakable version tracking for performance of its service activities. The source code of all applications is an intellectual property of the Contractor, Microsoft Corporation and other company – if any (third party). You shall use the result of the intellectual work only on premises in the scope and in the way corresponding with the spirit of the Agreement. The Contractor shall not bear any responsibility in case of your or other party’s intervention to the source code or other handed-over part of work (including the permanent parameterization).
3.2      If a work which might be a subject to intellectual property rights is created at performance hereof, relations to such new work created shall be regulated by the provisions of the Copyright Act.
3.3      All rights to the Software, including without being limited to title and copyright, belong to Allium, s.r.o. or any third party, who has produced components of the Software or other products included. Any disregard for Allium's and/or any such third party's rights is considered a breach of this EULA.
3.4      You are not entitled to break or change any security codes, and you may not change or remove statements regarding rights of use, brands, etc. included in the Software or on the media on which the Software is supplied.
3.5      All rights not expressly granted to you pursuant to this EULA are reserved to Allium.

4         License and Scope of License

4.1      In General, Subject to the terms and conditions of this EULA, Allium agrees, through a third party vendor, to host the Software and provide certain support services. Use of the Software depends on your compliance with this EULA. The scope of your use of the Software depends on the subscription you purchase.

5         Limitation on use of Software

You agree:

  • to permit only authorized users, who possess rightfully obtained usernames and passcodes, to use the Software;
  • you are responsible for the evaluation and selection of, as well as for the results obtained from, the Software;
  • not to interrupt, or attempt to interrupt, the operation of the Allium in any way;
  • not to restrict, in any way, any other authorized user from using the Allium;
  • not to attempt to breach the security of the Allium or the Software;
  • not to access, or attempt to access, data belonging to third parties;
  • to ensure that anyone who uses the Software (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this EULA;
  • to notify Allium, in writing, as soon as possible, if you learn of any actual or threatened infringement or piracy of the Software;
  • to provide accurate, current, and complete information on your legal name, address, email address, phone number, and other information reasonably requested by Allium, and to keep such information updated.

6         Copies and License Transfer

6.1      The Client shall be responsible for the system to be used by trained users only, in a manner and within the scope as they were trained and instructed.
6.2      The Contractor agrees to prevent from unauthorized use, distribution, copying or making available (to third parties) of all materials provided by the Client except for those necessary for evaluation by external opponents according to the subject hereof, which shall be approved by the Client for such purpose. In case of breaching this provision, the Contractor shall arrange for an immediate remedy.
6.3      The Client agrees to prevent from unauthorized use, distribution, copying, or making available (to third parties) of the subject hereof as a whole or its individual parts during the Agreement duration and even after the term of effect hereof is over, except for the companies or persons approved by the Contractor. In case of breaching this provision the Client shall arrange for an immediate remedy.
6.4      Both Parties agree to treat all information they get in connection here with, relating to corporate information of the Client and the Contractor as business secret. Both Parties agree to keep business secret in accordance with the Commercial Code. They shall protect information and shall not use it in their own business, or derive any benefits from it. They shall keep it confidential from third parties.
6.5      Even after the term of effect hereof is over, the Parties shall keep all information revealed secret until it becomes publicly known.

7         Upgrades and Updates

7.1      Allium reserves the right to, but shall not be obligated to, provide error corrections, enhancements, upgrades, modifications, and new versions for the software.
7.2      The software may periodically check for updates, and download and install them for you. You may obtain updates only from Allium or authorized sources. Allium may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.

8         Defense of Infringement and Misappropriation Claims

8.1      The Contractor shall not be liable for Software security against unauthorized or incorrect use, not even by setting access rights.
8.2      Contractor does not warrant in the event of a third party intervention in the source code or other fixed part of the work (including unaltered parameterization). In the event of Client's intervention, the Contractor shall continue to be liable for any part of the functionality that is not directly or indirectly affected by the Client's intervention.
8.3      The Contractor is not responsible for the data processed by the Software except when the Client is able to demonstrate that, by following workflow, he has obtained incorrect output data from the correct input data. In such a case, the Contractor is obliged to remove this defect at his expense.
8.4      The Contractor is not responsible for any direct or indirect damages resulting from the use of the System by the Client, in particular for decisions made or provided on the basis of data or their presentation.
8.5      The Contractor shall not be held liable for defects caused by Force Majeure.
8.6      All disputes hereunder shall be settled amicably. Failing this, the disputes shall be finally settled by the competent courts in the Czech Republic.
8.7      All relations hereunder shall be governed by the law of Germany

9          Expiry of Utilization Rights, Termination for Cause

9.1      This Agreement may be terminated before the agreed term by the Parties agreement.
9.2      The Client may rescind from the Agreement only on the grounds of material breach of provisions hereof by the Contractor. The Client may rescind from this Agreement after having invited the Contractor in writing to remove the breach hereof, providing an additional term for performance of the Contractor’s obligations.
9.3      The Contractor may rescind from the Agreement only on the grounds of material breach of provisions hereof by the Client. The Contractor may rescind from this Agreement after having invited the Client in writing to remove the breach hereof, providing an additional term for performance of the Client’s obligations.
9.4      In case of a claim laid based on incompliance, such claim shall be formulated by the Client in writing and shall contain a description of the incompliance, reason of contradiction and description of the expected result (objective). In order to increase the Contractor’s speed of response to the claimed incompliance, the claim might be advised by telephone or by the electronic mail.

10      Restrictions

You will not (and have no right to):

  • work around any technical limitations in the software that only allow you to use it in certain ways;
  • reverse engineer, decompile or disassemble the software;
  • remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
  • use the software in any way that is against the law or to create or propagate malware;
  • share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.

11     Warranty and Limitation of Liability

11.1   Warranty. The properly licensed software will perform substantially as described in any Allium materials. However, Allium gives no contractual guarantee in relation to the licensed software.
11.2   Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Allium is liable according to the statutory law.

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