End user agreement for Dynasoft TeleFactura
DYNASOFT END-USER LICENCE AGREEMENT - ENGLISH
This document constitutes an agreement between the customer making use of the product and/or software with which this document is included and/or that the undersigned user on the one hand, and DYNASOFT LTD, company recorded in accordance with the provisions of the Belgian law, on the other hand.
1. LICENSING. DYNASOFT concedes the right to use a copy of the software concerned, for one computer only. There is use of the software by a computer when the software is installed in a permanent or volatile memory (RAM, hard disk or CD Rom or other), or another system of storage of this computer.
2. INTELLECTUAL PROPERTY OF THE MODULE. The property of the software, pertaining to DYNASOFT or its suppliers, is protected by Belgian legislation on copy rights and royalty, international treaties and any other applicable national law. The software falls inside the protection that is granted to any intellectual creation such as literature or musical recordings. However, the customer is authorized to transfer the server software on only one hard disk with the proviso of preserving the original media as backup copy. It is forbidden to copy any manual, handbook or written document included with the software.
3. RESTRICTIONS. It is forbidden for the customer to de-compile, to copy, sell, rent or lend the software, in all or parts, or to lease it. It cannot thus be transferred, sold, or be yielded to another part without the written agreement of DYNASOFT. It cannot be rented with another party. The non-observance of these obligations will case the payment of damages contractually estimated at ten times the price of the licence, notwithstanding any rights DYNASOFT might claim to undertake judiciary proceedings against any contravener. Any inversion, modification, translation, imitation, disassembling or cutting-up of the software, in all or parts, are strictly prohibited.
4. EXCLUSION OF RESPONSIBILITY. DYNASOFT guarantees that the software will carry out the functions described in the documentation, as long as it is operated on the equipment and operating systems specified in it. In no case, shall DYNASOFT or its suppliers be responsible for any damage caused either directly or indirectly, incidental or subsequent (including without being limited to, any damage for loss of earnings, interruption, loss of data, or any other economic damage) resulting from any use or impossibility of using the software, even if the possibility of such a damage were made available and known to DYNASOFT. In all cases, the DYNASOFT's responsibility, in accordance with the terms of this agreement, is limited to the amount paid for the purchase of the software.
DYNASOFT does not guarantee the following points:
* The software is standard software, not written specifically for the customer; DYNASOFT thus does not guarantee, apart from the characteristics and functions described in the documentation, to satisfy all the desiderata's of the customer.
* DYNASOFT does not give guarantees against problems arising from an intervention carried out by a person external to DYNASOFT or not elected by it, nor the problems arising from the interaction with software of another source.
* DYNASOFT is not responsible for problems arising from a change in the equipment characteristics of the customer's computer or his operating system, including any attempt at transplantation of the software on another computer or another hard disk.
In no case, shall any data introduced into the computer by the customer be guaranteed. DYNASOFT cannot be made responsible for any direct or indirect damage resulting from an unspecified defect in the software, nor even should it cuase a temporary interruption of service.
5. RESCUE OF DATA. The customer is solely responsible for the periodic rescue and backup of his data. A complete rescue of data is always carried out before the passage of an DYNASOFT technician or any DYNASOFT authorized agent. If an DYNASOFT technician were to carry it out, time necessary will be invoiced at the current rate. DYNASOFT cannot be made responsible for subsequent losses of any information resulting from such interventions.
6. TECHNICAL SUPPORT. Technical assistance ensured by the means of a telephone service, along with the supply of updates relating to the software can be requested through the taking out of an optional maintenance annual service contract. Within the framework of this service, the customer will moreover benefit from preferential conditions for the purchase of new versions of the software and the access of news on all DYNASOFT products and services.
Any request for work, that is not ascribable to a recognised fault with the software, along with all travelling expenses as a result, will be invoiced to the customer on the base of current charges. Such requests will be answered depending on availability of the engineering department.
7. JURISDICTION. This Contract is governed by and shall be construed in accordance with Belgian laws. DYNASOFT and the Customer agree to submit to the exclusive jurisdiction of Belgian courts for the settlement of any disputes arising or consequential upon the use of the Product and Service or relating to a breach or alleged breach of the Contract.