END USER LICENSE AGREEMENT (EULA) for dynaVR
NOTICE: READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE STARTING TO USE THE SOFTWARE.
This End-User Licenses Agreement (hereinafter referred to as “EULA“) is a legal agreement, effective as of the date you accept the terms hereof, entered between yourself (hereinafter referred to as “the licensee“) and AICRUM IT s.l., registered in Spain at the address: CEEIM, office 5, Campus de Espinardo, 30.100, Murcia (Spain) (hereinafter referred to as “the licensor”).
Clicking on the “I accept” button or in any other way accessing, copying, or in any way using the licensed product, creates a legally enforceable contract and constitutes acceptance of all terms and conditions of the agreement without modification.
Licensee. An entrepreneur (legal entity or natural person) which enters into this EULA by acquiring the User License. The License is not dedicated to natural persons that are not entrepreneurs and they cannot enter this EULA.
Authorized User. Means a person who accesses and uses the Software under the User License obtained by the Licensee.
User License. A license to use the Software obtained or renewed by the Licensee, that granted in exchange for the applicable Subscription Fee. A User License grants a right to use and access the software to a maximum of 1 (one) milling machine.
Authorized Users. Each authorized user that uses the Software as a single client and a single terminal user.
Maintenance. The provision by the Licensor to the Licensee of the Software updates made through the i4FS marketplace.
Support Services. Online technical support served by the Licensor relating to the use of the Software.
Purchase process. Τhe purchase of the right to use Software by means of i4FS, which may result in a License for the Software.
Software/Licensed Product. The software products, developed by the licensor, in particular the dynaVR application and all related documentation, any modifications and updates, which is acquired by the Licensee.
I4FS. Marketplace provided by the company Industry 4.0 Factory Solutions established under the laws of England, with Company Registration number 12235902, and with registered office at 37 Crewe Road, Haslington, Crewe CW1 5QR, UK.
Confidential Information. All information disclosed by a party of this EULA to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. In particular, the Confidential Information is data related to the business of the Licensee (such as e.g. production recipes, technologies, and personnel data) and the business of the Licensor (such as e.g. data models and technologies used for the Software), which were not made public.
GDPR. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Grant of the License. Subject to all terms and conditions in this EULA, the Licensor grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to use the Software by the Authorized Users in the period of time agreed within the purchase process. The Licensee obtains the right the moment of paying the Subscription Fee.
Restrictions. A Licensee agrees not to, and will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or make the Software available to any third party.
Limitations. Licensed Products may only be used for the internal business purposes of the Licensee. Number of Authorized Users accessing and using the Software should never exceed the number of users for which the User License has been acquired and applicable Subscription Fees have been paid.
Payments. The Licensee shall pay (or be caused to pay) the Licensor any and all Subscription Fees for the User Licenses, in the amounts and at the times agreed by the Licensor during the Purchase process including all taxes, duties, customs, or similar charges that the Licensor or/and i4FS are obliged to collect during the Purchase process. The Licensee is obliged to cover any other due charges according to applicable law.
Intellectual property rights. The Software is licensed, not sold and the Licensee does not acquire any rights of ownership in the Software. the licensor retains all intellectual property rights, title and interest in and to the Software, as well as all intellectual property rights in and to the Software not expressly granted in the Agreement. The Software with its trademarks, logos, designs, and service marks appearing while using the Software, is protected by copyright and other intellectual property laws and treaties. The Licensee does not acquire any rights of ownership in the Software here under.
Feedback. From time to time, Licensee may choose to submit comments, information, questions, data, ideas, description of processes, or other information to the licensor (“Feedback”). the licensor may in connection with any of its products or services freely use, copy, disclose, license, distribute, and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered Licensee’s Confidential Information, and nothing in this EULA limits the licensor’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Warranties and Disclaimer. The Licensor represents and warrants that:
• it has the right to enter into this EULA and provide the Maintenance and Support Services (if any) as contemplated by this EULA.
• the Maintenance and Support Services (if any) shall be performed with reasonable care, skill and diligence;
• the Software, Maintenance and Support Services (if any) shall comply with all applicable laws, regulatory requirements, mandatory standards and codes of practice of any competent authority for the time being in force;
• it shall not knowingly introduce into any the Software any computer software routine intended or designed to disable, damage, erase, disrupt or impair the normal operation of, or provide unauthorized access to or modification or monitoring of, any computer system or any software or information stored on any computer system, including viruses, worms, time bombs, time locks, drop-dead devices, access codes, security keys, back doors or trap door devices;
• the Software does not contain any restrictive software.
• it will protect Confidential Information of the Licensee during the term of the EULA and after its termination and will only use it for the purpose of implementing the provisions of EULA.
• it will protect the personal data of the Licensee and their employees that it could have access to during the term of the EULA and after its termination, according to GDPR
• the Software shall perform properly in accordance with the documentation, provided that this shall not apply to error or failure resulting from: Licensee’s machine error; the Licensee’s failure to follow operating instructions; negligence or accident by any person or entity other than the Licensor; or modifications to the Software by any person or entity other than the Licensor.
The Licensee represents and warrants that:
• it has the right to enter into this EULA and to perform its obligations as contemplated by this agreement;
• in the performance of its obligations under this EULA, it shall comply with all applicable laws, regulatory requirements, mandatory standards and codes of practice of any competent authority for the time being in force,
• it will protect Confidential Information of the Licensor during the term of the EULA and after its termination and will only use it for the purpose of implementing the provisions of EULA.
The Licensor does not warrant that the operation of the Software will be uninterrupted or error-free. The Licensor provides the Software on an “as is” basis and all warranties not expressly set out in this EULA, including any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law.
The Licensor shall use its best endeavours to remedy any errors reported within the Support Service, that cause a significant hindrance to the use of the Software without undue delay and to provide regular Maintenance in accordance with its own schedule. In the event of a failure of the Licensed Product, which cannot be remedied, the Licensee may notify i4FS and may request to refund the purchase price for the Licensed Product for the period the failure appeared; i4FS has no other warranty obligation whatsoever with respect to the Licensed Product.
Special Maintenance and Support Services, as well as regular data backups, may be provided if required on demand of the Licensee on the provision that a separate agreement is concluded between the Licensor and Licensee.
Limitation of Liability. Entire liability of the Licensor under this EULA shall not exceed the price paid for the Software. In no event, shall the Licensor or its suppliers be liable for any damages whatsoever (including, without limitation, The entire liability of the Licensor under this EULA shall not exceed the price paid for the Software. In no event, shall the Licensor or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special, and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Software, even if the Licensor has been advised of the possibility of such damages, or any claim by a third party.
Marketing. Licensee agrees to be identified as a customer of the licensor and that the licensor may refer to Licensee by name, trade name, and trademark in marketing materials and on the licensor and Software websites. The right reserved by the licensor can be waived upon written request from the Licensee made prior to entering by parties into this Agreement, or at a later time, in which case it may take the licensor up to 30 days to remove the related marketing materials.
Termination. This EULA is terminated in the following cases:
• If case of the License with an expiration date (as indicated by the i4FS at the time that the Licensee purchases the Software), it is on the expiration date.
• the licensor may terminate this EULA if the Licensee fails to comply with the terms and conditions of this EULA.
After termination, the Licensee has a right to receive a copy of its data that were stored or produced by using the Software. the licensor is obliged to deliver the data up to 30 days from receiving a request on this from the Licensee to the general contact email address. In case the Software is no longer offered on the i4FS, the EULA stays in force and the Licensor assumes all rights and obligations of the i4FS related to the Software, its Purchase process and Subscription Fee(s) payments and the Licensee is obliged to cooperate on this with the Licensor.
Amendments to this Agreement. the licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is a material, the licensor will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the licensor’s sole discretion.
Governing Law. The Agreement shall be governed by and construed in accordance with the laws of Spain without regard to its conflicts of law provisions.
Severability. If any provision of this EULA is held to be illegal, invalid, or unenforceable under any applicable laws, it shall to that extent be deemed not to form part of this agreement but the remainder of this agreement will remain valid and enforceable to the greatest extent permitted by applicable law.
AICRUM IT s.l.
CEEIM, office 5,
Campus de Espinardo,
30.100 Murcia (Spain)