Privacy Notice | License Agreement

License Agreement  IQONN CONNECTIVITY MANAGER End-User Licence Agreement (EULA) IMPORTANT-READ CAREFULLY: This IQONN CONNECTIVITY MANAGER End-User Licence Agreement (EULA hereinafter) is a legal agreement between you (either an individual or a recognized legal entity) and DIGINEXT B.V. and/or its licensors (DIGINEXT hereinafter), the copyright owner of the IQonn Connectivity Manager software (SOFTWARE hereinafter) supplied together with this agreement and may include associated media and "online" or electronic documentation. The use of the SOFTWARE is free of charge. This however does not apply to any ADD ON MODULES you decide to buy. The use of the ADD ON MODULES is suspect to the respective ADD ON MODULES End-User Licence Agreement which, together with this EULA, can be found on http://policy.iqonn.com By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. SOFTWARE LICENCE This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold. 1. GRANT OF LICENCE This EULA grants you the following rights: 1.1 Application Software You may install and use one copy of the SOFTWARE on a single computer. 1.2 Portable Computer If you have the right to use this SOFTWARE and are the primary user thereof you may copy this SOFTWARE onto your portable computer, providing the licence is not shared or used concurrently. 1.3 Multiple Licence Package You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on your other computers over an internal network; however, you must acquire and dedicate a licence for each separate computer on which the SOFTWARE is installed or run from the storage device. A licence for the SOFTWARE may not be shared or used concurrently on different computers. 1.4 Back-Up Copy You have the right to make a single copy of the software for back-up purposes in case the original SOFTWARE is lost or damaged. The back-up copy may not be used for any other purpose. 2. Intellectual Property Rights DIGINEXT and/or its licensors own all the copyright, design rights, trade marks and other intellectual property rights in and to the SOFTWARE. The fact that DIGINEXT has supplied you with the SOFTWARE does not mean that she has transferred any of these rights to you. DIGINEXT has simply permitted you to use it strictly on the terms and conditions of this licence. 3. Copyright All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), any accompanying materials, and any copies of the SOFTWARE are owned by DIGINEXT or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the materials accompanying the SOFTWARE. It is required that this SOFTWARE contains the author's (DIGINEXT B.V.) copyright notification. There is a mandatory copyright parameter (Copyright © DIGINEXT B.V. 2007) contained within the SOFTWARE which cannot be removed. The name DIGINEXT and its logo are all registered trademarks of DIGINEXT B.V. All rights reserved. 4. Description of other Rights and Limitations 4.1 Reverse Engineering, Decompilation, and Disassembly You may not disassemble, reverse engineer, or decompile (get the source code out of the object code) the SOFTWARE (applications, databases and other SOFTWARE components), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4.2 Object Code You may not make changes to the object code of applications and databases other than those provided for by the SOFTWARE and described in the documentation 4.3 Separation of Components The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. 4.4 Re-distribution of the SOFTWARE Any re-distribution of the SOFTWARE is strictly prohibited. Re-distribution includes granting of access to third parties (including network access and other access methods), and also selling, renting, leasing or lending of the SOFTWARE. 4.5 Transfer of Rights You may not transfer the SOFTWARE license and other rights related to the SOFTWARE to any other person or entity. 5. Unique Identifier A Unique Identifier (UID) will be created when you install the SOFTWARE. Using this UID, the following types of information will be forwarded to DIGINEXT when you connect to the network using the SOFTWARE: a) Version and configuration of the Software b) Connectivity methods, such as infra-red and Bluetooth and devices used to connect c) Web Browser and email software version details d) Laptop manufacturer product ID and Operating System details e) Session information (Connection Time, Connection Volume and Connection Duration) f) the country code and the mobile network code to which you are connected. g) Applications accessing the Internet h) IMSI (if available and applicable) i) IP Address and the Account details so that the server knows what information to store and where 6. Privacy Above mentioned information will be stored on a secure server for the purposes of facilitating future updates of the SOFTWARE and to analyze behaviour patterns in an aggregated from. The UID is not linked nor does it contain any of your personal details. The storage of data will serve no other purpose than that of this EULA and is in compliance with applicable privacy legislation. The EULA is suspect to the DIGINEXT Privacy Notice. The Privacy Notice can be found on http://policy.iqonn.com/. By agreeing to this EULA you accept the DIGINEXT Privacy Notice. 7. Updates If the SOFTWARE is labelled as an update, you must be properly licensed to use a product identified by DIGINEXT as being eligible for the update in order to use the SOFTWARE. The SOFTWARE labelled as an update replaces and/or supplements the product that formed the basis for your eligibility for the update. You may use the resulting updated product only in accordance with the terms of this EULA. If the SOFTWARE is an update of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 8. Maintenance and Support Services DIGINEXT may provide you with Maintenance and Support Services related to the DIGINEXT SOFTWARE. Use of these services is governed by the DIGINEXT policies and programs. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to DIGINEXT as part of the services, DIGINEXT may use such information for its business purposes, including product support and development. DIGINEXT will not utilize such technical information in a form that personally identifies you. 9. Termination This licence is effective until terminated. Without prejudice to any other rights, DIGINEXT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. 10. Exclusion of warranties To the fullest extent permitted by applicable law, the SOFTWARE is furnished to you "as is" without any warranty, conditions, representations or other terms regarding the SOFTWARE from DIGINEXT and/or its licensors. DIGINEXT nor its licensors warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free. To the extent permitted by law DIGINEXT and/or its licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise. This clause does not affect your statutory rights. 11. Limitation of Liability DIGINEXT can be held liable if its negligence causes death or personal injury. In all other circumstances DIGINEXT and/or its licensors will not be liable to you for any compensation, reimbursement or damages, directly or indirectly, f.i. on account of the loss of present or prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data or programs or any other reasons whatsoever or indirect, special, incidental or consequential damages whether arising in tort (including negligence) or contract and even if DIGINEXT and/or its licensors have been informed of the possibility of such losses or damages. 12. Valid Legislation You acknowledge and agree that this EULA is entered into in the Netherlands and is thereby governed by the Laws of the Netherlands. 13. Resolution of Disputes and Claims. Any claims, disputes or controversies arising between Diginext and you arising directly or indirectly out of or in connection with this Agreement shall be brought in any court within the country under the laws of which you are legally formed (if you are a legal entity) or in which you have your legal domicile or residence (if you are not a legal entity), or in a court located in Amsterdam, the Netherlands. You hereby accept the jurisdiction of any of the above tribunals or courts so selected. IQONN ADD ON MODULES End-User Licence Agreement (EULA) IMPORTANT-READ CAREFULLY: This IQONN ADD ON MODULES End-User Licence Agreement (EULA hereinafter) is a legal agreement between you (either an individual or a recognized legal entity) and DIGINEXT B.V. and/or its licensors (DIGINEXT hereinafter), the copyright owner of the IQonn Add On Modules software (SOFTWARE hereinafter) supplied together with this agreement and may include associated media and "online" or electronic documentation. The licence will be granted for use with the IQonn Connectivity Manager software which is subject to the IQONN CONNECTIVITY MANAGER End-User Licence Agreement, which together with this EULA, can also be found on http://policy.iqonn.com/. The use of the SOFTWARE is free of charge for a trial period of 30 days. After the trial period your licence for use of the ADD ON MODULE(S) will be terminated. DIGINEXT will then offer you a subscription. By installing, copying, or otherwise using the SOFTWARE, whether during the trial period or through subscription, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. SOFTWARE LICENCE This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold. 1. GRANT OF LICENCE This EULA grants you the following rights: 1.1 Application Software You may install and use one copy of the SOFTWARE on a single computer. 1.2 Portable Computer If you have the right to use this SOFTWARE and are the primary user thereof you may copy this SOFTWARE onto your portable computer, providing the licence is not shared or used concurrently. 1.3 Multiple Licence Package You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on your other computers over an internal network; however, you must acquire and dedicate a licence for each separate computer on which the SOFTWARE is installed or run from the storage device. A licence for the SOFTWARE may not be shared or used concurrently on different computers. 1.4 Back-Up Copy You have the right to make a single copy of the software for back-up purposes in case the original SOFTWARE is lost or damaged. The back-up copy may not be used for any other purpose. 2. Intellectual Property Rights DIGINEXT and/or its licensors own all the copyright, design rights, trade marks and other intellectual property rights in and to the SOFTWARE. The fact that DIGINEXT has supplied you with the SOFTWARE does not mean that she has transferred any of these rights to you. DIGINEXT has simply permitted you to use it strictly on the terms and conditions of this licence. 3. Copyright All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by DIGINEXT or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the materials accompanying the SOFTWARE. It is required that this SOFTWARE contains the author's (DIGINEXT B.V.) copyright notification. There is a mandatory copyright parameter (Copyright © DIGINEXT B.V. 2004) contained within the SOFTWARE which cannot be removed. The name DIGINEXT and its logo are all registered trademarks of DIGINEXT B.V. All rights reserved. 4. Description of other Rights and Limitations 4.1 Reverse Engineering, Decompilation, and Disassembly You may not disassemble, reverse engineer, or decompile (get the source code out of the object code) the SOFTWARE (applications, databases and other SOFTWARE components), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4.2 Object Code You may not make changes to the object code of applications and databases other than those provided for by the SOFTWARE and described in the documentation 4.3 Separation of Components The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. 4.4 Re-distribution of the SOFTWARE Any re-distribution of the SOFTWARE is strictly prohibited. Re-distribution includes granting of access to third parties (including network access and other access methods), and also selling, renting, leasing or lending of the SOFTWARE. 4.5 Transfer of Rights You may not transfer the SOFTWARE license and other rights related to the SOFTWARE to any other person or entity. 5. Maintenance and Support Services DIGINEXT may provide you with Maintenance and Support Services related to the DIGINEXT SOFTWARE. Use of these services is governed by the DIGINEXT policies and programs. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to DIGINEXT as part of the services, DIGINEXT may use such information for its business purposes, including product support and development. DIGINEXT will not utilize such technical information in a form that personally identifies you. 6. Updates If the SOFTWARE is labelled as an update, you must be properly licensed to use a product identified by DIGINEXT as being eligible for the update in order to use the SOFTWARE. The SOFTWARE labelled as an update replaces and/or supplements the product that formed the basis for your eligibility for the update. You may use the resulting updated product only in accordance with the terms of this EULA. If the SOFTWARE is an update of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 7. Privacy All information given by you will be stored on a secure server for the purposes of facilitating future updates of the SOFTWARE and to analyze behaviour patterns in an aggregated from. The storage of data will serve no other purpose than that of this EULA and is in compliance with applicable privacy legislation. The EULA is suspect to the DIGINEXT Privacy Notice. The Privacy Notice can be found on http://policy.iqonn.com/. By agreeing to this EULA you accept the DIGINEXT Privacy Notice. 8. Termination This licence is effective until terminated. Without prejudice to any other rights, DIGINEXT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. 9. Limited Warranty DIGINEXT warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by DIGINEXT shall be substantially as described in applicable materials provided to you by DIGINEXT, and DIGINEXT support engineers will make commercially reasonable efforts to solve any problem issues. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days. 10. Customer Remedies DIGINEXT's and its suppliers' entire liability and your exclusive remedy shall be, at DIGINEXT's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet DIGINEXT's Limited Warranty and which is returned to DIGINEXT. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 11. No other Warranties To the maximum extent permitted by applicable law, DIGINEXT and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE, and the provision of or failure to provide Support Services. 12. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall DIGINEXT or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE or the provision of or failure to provide Support Services, even if DIGINEXT has been advised of the possibility of such damages. In any case, DIGINEXT's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE 13. Trial Software If you acquired the SOFTWARE on trial, the following warranty exclusion applies to you: DIGINEXT expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without Warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE remains entirely with you. 14. Valid Legislation You acknowledge and agree that this EULA is entered into in the Netherlands and is thereby governed by the Laws of the Netherlands. 15. Resolution of Disputes and Claims. Any claims, disputes or controversies arising between Diginext and you arising directly or indirectly out of or in connection with this Agreement shall be brought in any court within the country under the laws of which you are legally formed (if you are a legal entity) or in which you have your legal domicile or residence (if you are not a legal entity), or in a court located in Amsterdam, the Netherlands. You hereby accept the jurisdiction of any of the above tribunals or courts so selected.