Software License Agreement. v.1.7 - EN
Software License Agreement. v.1.7 - EN
IMPORTANT! PLEASE READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
CONTINUING WITH THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO THE TERMS SPECIFIED
BELOW.
This Software License Agreement covers any and all editions of the following HSA Systems A/S software products: Mail InkDraw, OBJ InkDraw,
InkDraw, MiniDraw, MicroDraw, PGH, FlexDraw, PrintCreator, MCX Software and any imbedded software on all HSA Systems A/S products.
This Software License Agreement (referred to as “Agreement”) is a legal agreement between HSA Systems A/S (referred to as “Licensor”) and
the Licensee (either an individual or a single entity; either End-User or Distributor/Agent/Integrator) (referred to as “Licensee”), for Licensor’s
software product(s) identified above which may include associated software components, media, printed materials and online or electronic
documentation (software). By using the software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this
Agreement, do not install or use the software.
This Agreement represents the entire Agreement between Licensor and Licensee concerning the software, and it supersedes any prior
proposal, representation or understanding between the parties regarding Licensor’s software identified above.
The Agreement applies regardless if the software products identified above is provided free of charge or if the software products are provided
against payment.
1. GRANT OF LICENSE
The software is licensed as follows:
(b) Distribution
Licensee may not distribute copies of the software to third parties. Evaluation versions available for download from Licensor’s websites may be
freely distributed.
(d) Rental
Licensee may not rent, lease, or lend the software to third party.
(h) Test
Each Licensee must thoroughly test each module for availability in the specific situation before starting to operate. This also applies to programs
that Licensee receives as part of the supplementary performance and a possible care contract.
3. TERMINATION
Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee fails to comply with the terms and conditions of this
Agreement. In such event, Licensee must destroy all copies of the software in Licensee’s possession. The destruction must be reported in
writing to Licensor.
4. COPYRIGHT
The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
(b) Ownership
All titles, including but not limited to copyrights, in and to the software and any copies thereof are owned by Licensor. Licensee acknowledges
that this Agreement is a license and not a sale. Except for the ownership of sold physical media, Licensee acknowledges that Licensor shall
remain the sole and exclusive owner of all rights, titles, and interests in and to the licensed software, subject only to the limited rights of use
expressly granted within this Agreement.
All title and intellectual property rights in and to the content which may be accessed through use of the software is the property of the respective
content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no
rights to use such content. All rights not expressly granted are reserved by Licensor.
5. NO WARRANTIES
Licensee has checked before concluding the contract that the specification of the software meets the wishes and needs of Licensee. He is
aware of the essential features and conditions of the software. Licensee must always ensure that the software meets the requirements for and is
capable of performing any task in question.
Licensor expressly disclaims any warranty for the software. The software is provided 'As Is' without any express or implied warranty of any kind,
including but not limited to any warranties of merchantability, no infringement, or fitness of a particular purpose. Licensor does not warrant or
assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the software.
Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb,
or other such computer program. Licensor further expressly disclaims any warranty or representation to Licensee or to any third party. No
Distributor/Agent/Integrator of Licensor is authorised to make any other warranties or to modify this limited warranty.
6. LIMITATION OF LIABILITY
In no event shall Licensor be liable for any damages (including, but not limited to, lost profits, business interruption or lost information) rising out
of or in connection with Licensee’s or any third parties access or use of or inability to access or use the software, even if Licensor has been
advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential
(including lost profit) or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the
software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy,
trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. In any case,
Licensor’s liability is limited to intent and gross negligence. The same applies to injury to life, body or health. Insofar as the liability for damages
of Licensor is excluded or limited, this also applies with regards to the personal liability for damages of its employees, representatives and
vicarious agents.
In those cases, in which – contrary to the foregoing – there is a liability of Licensor, a liability amount is limited to an amount up to DKK
1.000.000,00.
8. SEVERABILITY CLAUSE
In the event that any provision of this Agreement is or becomes invalid, the validity of the remaining provisions of this Agreement shall remain
unaffected, even if material provisions are affected. The parties agree in this case to replace the invalid provision by that legally effective
provision that comes closest to the contractually agreed legally and economically and ensures the feasibility of the Agreement in the sense of
what is wanted by both parties. The same applies in the event that the parties did not recognise a regulatory loophole at the time of conclusion
of this contract or if such became known or should occur at a later time. The parties are then obliged to make a written amendment to the
contract in the aforementioned sense.