End user agreement for 123Forms
Important Notice to User.
Please read this contract carefully. This is a legal agreement between you and Framtidsforum I&M AB covering your use of the software that accompanies this agreement, including any associated media, printed materials and electronic documentation. The Software also includes any software updates, add-on components and/or supplements that Framtidsforum may make available to You after the date You obtained Your initial copy if such items are not accompanied by a separate license agreement. Be sure to read the following agreement before using the Software. By downloading, installing, and/or using all or any portion of the Software (regardless if You have registered the Software or not), You are agreeing to be bound by the terms of this agreement and that it is enforceable like any written negotiated agreement signed by You. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.
This Software License Agreement (the Agreement) is a legal agreement between you the end user (the End User) and Framtidsforum I&M AB, Uppsala, Sweden (Framtidsforum). The Agreement is made as of the date of installation of the Software
1.1 Software means the software product, 123Forms, delivered as binary code and Documentation downloaded by End User.
1.2 Documentation means all documentation in machine readable form that is provided with the Software.
1.4 Anniversary Date means the last day of the month in which the Software was shipped to the End User.
1.5 Maintenance means in writing consultation, bug fixes and error corrections.
1.6 Trial license is an unpaid license.
2 Grant of License
2.1 Subject to the terms and conditions of this Agreement, Framtidsforum hereby grants the End User, and the End User accepts, a non-exclusive, non-transferable, paid-up license to use Software as follows:
2.2 To use the Software on one single computer, provided the Software is in use only on one computer at any time. The Software is in use on one computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that the Software installed on a network server for the sole purpose of distribution to other computers is not in use.
To use the Software for any purpose, including but not limited to the development of commercial Application Programs, but not including producing commercial versions of the Software itself.
• Customer must include the copyright notice “Parts of this page Copyright (C) 2002-2004 Framtidsforum I&M AB, Sweden” on all resulting web pages and all source files.
• You have a royalty-free right to reproduce and distribute the run-time library as an integral part of the web page(s) or application partly constructed using the Software. You are not permitted to expose, either directly or indirectly, any API that allows programmatic access to the run-time libraries.
• Your web pages or software product(s) are targeted at end-users, and are not a development tool.
2.3 To make one (1) copy of the Software for archival or back-up purposes. The End User shall furnish such copy with proprietary marks and symbols identical to those affixed to the Software. All archival and back-up copies of the Software are subject to the provisions of this Agreement.
2.4 The End User agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Software.
3 Trial license
If the license you obtained is identified as Trial License, the Software is intended for evaluation purposes only. The resulting web page(s) or application are not allowed to be published or distributed for other purposes than evaluation.
You may use the Software for a ONE TIME trial period, with the duration of that period being thirty (30) calendar days from the date the Software was obtained. YOU MAY NOT USE THE SOFTWARE UNDER A TRIAL LICENSE MORE THAN ONE TIME.
By virtue of this Agreement the End User acquires only the rights in Section 2, Grant of License. All right, title and interest in the Software remains with Framtidsforum.
5 Warranty and Maintenance
5.1 Provided that the End User has paid for Maintenance, Framtidsforum warrants to the End User for a period of three months from the first Anniversary Date that the Software will perform the functions described in the Documentation provided by Framtidsforum. If Framtidsforum finds a deviation in the Software's performance during this period, Framtidsforum will use its best efforts to replace or modify the Software so that it performs substantially in accordance with the Documentation.
Other than as stated in this Section 5, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of Software, its merchantability or fitness for a particular purpose.
5.2 If the End User does not pay for Maintenance, the Software is distributed as is.
5.3 After payment of the Maintenance Fee listed in FEES, the End User shall be provided Maintenance according to this Section.
5.4 Maintenance of the Software under this Agreement is available for not longer than 12 months after the new version becomes generally available.
5.5 Framtidsforum undertakes to make reasonable efforts to provide the End User the following Maintenance services in respect to the use of the Software, as stated in the Section 5.6 through 5.10.
5.6 Error(s) verification. Any reproducible error(s) for which verification is required shall be reported in writing to Framtidsforum. The End User undertakes, before an Error(s) report is sent to Framtidsforum, to ascertain that the Error(s) has not already been reported by Framtidsforum; verify that the Error(s) is reproducible; and provide to Framtidsforum, in machine readable form, all the information necessary to reproduce the Error(s). Framtidsforum undertakes to confirm receipt of the Error(s) report in writing to the End User; analyze the Error(s) report and verify the existence of the Error(s); and, if the reported Error(s) seriously affects the use of the Software and can be circumvented, to create a temporary solution.
5.7 Consultation and Advice. Framtidsforum shall in writing provide answers to questions regarding installation, configuration and documentation, as well as generally advice regarding submitted reports on Error(s).
5.8 Updating of the Software. Framtidsforum shall make available to the End User all updates of the Software as soon as these have been officially introduced by Framtidsforum.
5.9 Provisions of new version. Framtidsforum shall advise the End User of new versions of the Software forthwith upon their being made generally available.
5.10 Framtidsforum will have no obligation to correct defects or difficulties due to the End User modifying the Software, changing its system or computer environment, using the Software on equipment not recommended by Framtidsforum or installing it in a way not recommended by Framtidsforum, or other causes external to the Software. Such recommendations are found in the Release Notes which are part of the Software delivered by Framtidsforum.
5.11 The Maintenance Fee listed in FEES shall be payable yearly in advance within thirty (30) days after the first Anniversary Date and, unless Maintenance is canceled by either party, at least thirty days before each subsequent Anniversary Date.
5.12 The End User will pay a Maintenance reinstatement fee according to FEES if the End User should choose not to start Maintenance directly after the delivery or if Maintenance is discontinued and the End User wishes to reinstate Maintenance at a later point.
If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Framtidsforum as being eligible for the upgrade in order to use the Software. Software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this agreement.
There is no physical delivery of a CD or diskette(s) included with your purchase. All products are available online for download only. You can download a copy from our website at any time should you need another copy. You may also create one backup by copying the downloaded install file to a CD, Zip disk or floppy disks.
To the best of Framtidsforum's knowledge the Software or the use thereof does not infringe any third party's rights. Framtidsforum shall have no responsibility what so ever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the End User's use of the Software.
The foregoing states the entire liability and obligation of Framtidsforum with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
9 Limitation of Liability
Framtidsforum shall not be liable to the End User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, the Software, its use or otherwise.
Notwithstanding the generality of the above, Framtidsforum expressly excludes liability for consequential loss or damage which may arise in respect of the Software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings.
Regardless of whether any remedy fails of its essential purpose, in no event will Framtidsforum be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
10 Governing Law
This Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.
Fees applicable to 123Forms are exclusive Value Added Tax (VAT).
One Time License Fee
For current fees, see http://www.123forms.com
Application Program Fee
Free of charge
Yearly Maintenance Fee
Maintenance agreements are not sold right now. Currently, customers are eligible to updates within their major version. That means, that if you bought version 1.2 you are eligible to all version 1.x, but not to version 2. We expect to release one major version per year.
Maintenance Reinstatement Fee
Maintenance agreements are not sold right now
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DUE TO THE NATURE OF EVOLVING PROGRAMMING AND THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS IN, WHICH THIS SOFTWARE MAY BE USED, IT IS UNDERSTOOD THAT OCCASIONAL "BUGS" OR UNFITNESS MAY ARISE. THE USER SHOULD ALWAYS TEST THIS SOFTWARE THOROUGHLY WITH NON-CRITICAL DATA BEFORE RELYING ON IT.
BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS’ TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE SOFTWARE AND DOCUMENTATION.