RCM:End user license agreement
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NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING AND USING OUR SOFTWARE AND SERVICES.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE (AND/OR ACTIVATION SERVICES), OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY ON WHOSE BEHALF YOU ARE DOWNLOADING, INSTALLING OR USING THE SOFTWARE (AND/OR ACTIVATION SERVICES) AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("THIS AGREEMENT") AND CREATE A BINDING AGREEMENT BETWEEN YOU AND KLOMPTEK BV, REGISTERED IN ZAANDAM, THE NETHERLANDS ("KLOMPTEK"). ANY USE OF THE SOFTWARE (AND/OR ACTIVATION SERVICES) WILL CONSTITUTE YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING AND RETURN OR DELETE THE SOFTWARE (AND/OR ACTIVATION SERVICES) WITHIN TEN (10) DAYS OF DELIVERY FOR A REFUND OF THE FEE, IF ANY, YOU PAID FOR THE LICENSE OR IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THESE SOFTWARE LICENSE TERMS.
KLOMPTEK owns all intellectual property in the Software and its Services. KLOMPTEK permits you to Use the Software only in accordance with the terms of this Agreement.
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1. Definitions
"Software" means all of the contents of the files provided to you either by electronic download, on physical media or by any other method of distribution including all upgrades, modified versions, updates, additions (collectively, "Updates"), if any, licensed to you by KLOMPTEK.
"Services" means the services provided to you by KLOMPTEK in connection with the Use of the Software including but not limited to support, server access, web services.
"Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software and the Services in accordance with the documentation and the terms of this Agreement.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by KLOMPTEK.
"Mobile Device" means PDA, mobile phone, smartphone, or communicator.
2. Software License.
If you obtained the Software from KLOMPTEK or one of its authorized distribution channels, and subject to your compliance with the terms of this Agreement, KLOMPTEK grants to you a non-exclusive non-transferable license to Use the Software for the purposes described here below:
2.1 General Use
You may install and use a copy of the Software (agent) on your compatible Mobile Device(s), up to the Permitted Number.
2.2 Backup Copy
You are required to take all reasonable measures to avoid and reduce damages, in particular to make a backup copy of the Software and your Mobile Device(s) data subject to the provisions of this Agreement. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Mobile Device. You may not transfer the rights to a backup copy.
2.3 Derivative works
You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested KLOMPTEK to provide the information necessary to achieve such operability and KLOMPTEK has not made such information available to you. KLOMPTEK has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by KLOMPTEK and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to KLOMPTEK.
2.4 Third Party Server Access.
You are allowed to use the Software (agent) only with the settings referring to a server authorized by KLOMPTEK. The usage of any other third party server with the Software (agent) is not allowed.
3. DISCLAIMER OF WARRANTIES
3.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE AND/OR SERVICES IS AT YOUR SOLE RISK AND THAT THE SOFTWARE AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.
3.2 IN PARTICULAR, KLOMPTEK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SOFTWARE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE AND/OR SERVICES PROVIDED TO YOU WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S), MOBILE DEVICE(S) OR OTHER DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
3.3 WARRANTY (extended)
EXCEPT AS REFERENCED AND LIMITED IN THIS ARTICLE, NEITHER KLOMPTEK NOR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY SOFTWARE OR SERVICES OR OTHERWISE RELATED TO THE AGREEMENT. KLOMPTEK DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE SOFTWARE AND/OR SERVICES OR THAT THE SOFTWARE AND SUPPORT SERVICES WILL PREVENT TOLL FRAUD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLOMPTEK, ITS LICENSORS AND SUPPLIERS DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THE AGREEMENT WILL BE YOUR SOLE AND EXCLUSIVE REMEDIES.
4. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KLOMPTEK, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF SAVINGS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF A KLOMPTEK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH KLOMPTEK MAY MAKE TO THE SOFTWARE AND/OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SOFTWARE AND/OR SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SOFTWARE AND/OR SERVICES;
(III) YOUR FAILURE TO PROVIDE KLOMPTEK WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
KLOMPTEK'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO KLOMPTEK FOR THE SOFTWARE AND/OR SERVICES, IF ANY.
THE LIMITATIONS OF LIABILITY IN THIS ARTICLE WILL APPLY TO ANY DAMAGES HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE TO THE PARTIES FAIL OF THEIR ESSENTIAL PURPOSE. HOWEVER, THEY WILL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, PERSONAL INJURY OR BREACHES OF KLOMPTEK'S LICENSE RESTRICTIONS. THE LIMITATIONS OF LIABILITY IN THIS ARTICLE ALSO WILL APPLY TO ANY LIABILITY OF DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS. THE LIMITATIONS OF AGGREGATE LIABILITY WILL NOT APPLY TO CONTRACTUAL INDEMNIFICATION OBLIGATIONS PROVIDED IN THE AGREEMENT.
5. Transfer
You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another Mobile Device(s) except there is a written agreement between you and KLOMPTEK. You may NOT transfer your rights to Use the Software to another person or legal entity. You may NOT transfer this Agreement, and the Software and Services including all copies, updates and prior versions, to any person or entity. The Software and any authorized copies that you make are the intellectual property of and are owned by KLOMPTEK. The structure, organization and code of the Software are the valuable trade secrets and confidential information of KLOMPTEK. The Software is protected by law, including without limitation the copyright laws of the Netherlands and other countries, and by international treaty provisions. This Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by KLOMPTEK.
6. Updates
If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software.
7. Compliance with Licenses
If you are a business or organization, you agree that upon request from KLOMPTEK or KLOMPTEK's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from KLOMPTEK.
8. Acceptance
You accept that all settings, the Software (agent) and Server(s) can be monitored by KLOMPTEK for the purpose of expanding features in any of KLOMPTEK products or for the reasons of support.
9. Security
KLOMPTEK has established safeguards and HTTPS web security protocols to help prevent unauthorized access to or misuse of KLOMPTEK Services Information, but cannot guarantee that your personally identifiable information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of the KLOMPTEK Services and its affiliated providers).
10. Support
KLOMPTEK does not provide support, warranties or remedies for the Software and Services to you directly. KLOMPTEK provides support only to its authorized distribution channels. You should submit your support requests to KLOMPTEK authorized distribution channels from whom they purchased the Software license.
If you have any questions regarding this Agreement or if you wish to request any information from KLOMPTEK please use the address and the contact information included with the product or at www.KLOMPTEK.com to contact the KLOMPTEK office serving your jurisdiction.
This Agreement and any disputes arising out of or relating to this Agreement ("Disputes") will be governed by the laws of the Netherlands, excluding its choice of law rules and solely the courts of Amsterdam are competent.
