￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼PLUGGER SOFTWARE LICENSE AGREEMENT
Version 11 October 2007
This is a legal agreement between you (the licensee) and Pluggers Software covering your use of Pluggers Software products. Be sure to read the following agreement before using the software. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
The effective date of this agreement is the date shown on the invoice. This agreement defines the licensing terms for the products of Pluggers Software. These products will be collectively referred to as the “plugins” in this agreement. The plugins are delivered with a manual which describes the programming features and their usage (the documentation).
2. SOFTWARE LICENSE
Pluggers Software hereby grants to the licensee, a non-exclusive, non-transferable license (the “license”) to use and distribute computer program modules (the “plugins”), for the sole purpose of incorporating the plugins into the licensee’s own computer software (the “licensee’s software”) and to copy and to distribute the plugins, subject to the terms and conditions set forth herein.
3.1 Use of Pluggers Software products
Licensee may incorporate the plugins in its software products. Licensee shall not rent or lease the software, nor shall it modify, adapt, translate, reverse engineer, decompile, or disassemble the plugins.
3.2 Distribution Rights
Licensee may distribute the plugins to its customers (herein called End Users), subject to the following restrictions: the licensee must not modify or remove copyright notices or serial numbers or signatures that may be included within the software or displayed on the screen. Licensee may only distribute the plugins in conjunction with and as a part of licensee’s own software products. Licensee software products may include commercial products and/or custom solutions designed specifically for licensee’s clients or organisations. The number of distributions is limited according to the purchased license form.
3.3 Distributing registration information
The licensee shall not disclose registration information to its end users and other parties. The plugins have a built-in registration function, as described in the documentation. The licensee can distribute a database with a registered version of the plugins provided the licensee properly uses this built-in registration function. The registration information must be kept hidden, thus excluding the end user from the registration information.
3.4 Distribution by others
The distribution rights described above belong to the licensee of the plugins. Licensee may not give the distribution rights to others, including his customers and clients.
The plugins and documentation are delivered in digital format only. Licensee agrees to retrieve the plugins and documentation, as well as any relevant maintenance updates from Pluggers Software’s web site at www.pluggers.nl. Neither digital storage media nor printed documentation will be delivered to licensee by Pluggers Software.
After the purchase order has been accepted, Pluggers Software will send license numbers by e-mail to licensee within a period of 5 working days. In most instances, license numbers are issued within 24 hours. These license numbers can then be used to turn the trial versions of the plugins into full working versions.
5. WARRANTY AND SUPPORT
5.1 Proprietary Rights
The plugins are protected by copyright laws of the Netherlands and international treaty provisions. Pluggers Software represents that it is the owner of the plugins and that it has the rights to grant the license. Pluggers Software represents and the licensee acknowledges that the plugins are the sole and exclusive property of Pluggers Software, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto and licensee agrees not to challenge Pluggers Software’s rights thereto. Licensee acknowledges that it is not purchasing title to the plugins, but is rather being granted a license to use and distribute the plugins.
5.2 Trial versions
The licensee is encouraged to test the plugins’ suitability prior to purchase of any licenses. Free trial versions are available for download from Pluggers Software’s web site. Acceptance is deemed to take place on purchase of the license.
5.3 Performance of Pluggers Software products
Pluggers Software warrants that the plugins will perform substantially in accordance with the documentation when used as directed in the documentation. This warranty does not cover usage of the plugins in ways which are not covered in the documentation (e.g., by calling undocumented functions, or by not obeying documented restrictions), or using modified copies of the plugins unless such modifications have been authorised by Pluggers Software.
5.4 Returns & refunds
In the event the plugins fail to satisfy during a warranty period of 30 days after the effective date of this agreement, Pluggers Software shall promptly, at its expense and in its discretion, (i) provide a correction or workaround for any reproducible errors which are reported by licensee, and deliver an updated version of the plugins, or (ii) return a refund of any license fees paid pursuant to this agreement.
In this event licensee will be asked to sign a statement of intellectual property destruc- tion and immediately terminate any use and distribution of the plugins.
5.5 Technical support
Technical support as described above is available by e-mail only. Maintenance updates of the plugins as indicated in section 1 do not extend the initial warranty period.
5.6 Warranties and Limitation of Liability
The plugins and related documentation are provided “AS IS”, without warranty of any kind and Pluggers Software expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Pluggers Software be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Pluggers Software has been advised of the possibility of such damages. In no event shall Pluggers Software’s liability exceed the license fee paid, if any.
If licensee violates any part of this agreement, the right to use the plugins terminates immediately and the licensee must then destroy all copies of this software in its possession.
6. PRICING AND PAYMENT
Pluggers Software reserves the right to change pricing of its products at any time. In case of annual support fees, the changes will not take immediate effect with respect to the existing support agreements, but will be applied at the anniversary/annual renewal of this agreement. Licensee will be advised of any future price changes in a timely manner.
Licensee shall be liable to pay any sales or value added tax related to this transaction, however designated.
If licensee fails to make any payment within 30 days of it becoming due, Pluggers Software is entitled to charge interest at the rate of 15% per month on the outstanding amounts.
7. APPLICABLE LAW
This Agreement is governed by the laws of the Netherlands. No choice of law rules of any jurisdiction will apply. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
8. FINAL AGREEMENT
We reserve the right to update (minor portions of) this agreement. After you purchase a license you will be e-mailed the latest version of this document. Rest assured that if you don’t agree to this license we have a money-back guarantee.