Software licence contract
By downloading, copying, using or installing the Software, or accepting it by checking the box that confirms it, the user accepts all of the following contractual provisions.
PURPOSE OF THIS LICENCE
The company known as 6NRJ, with its registered office at Chaussee de Stockel 274, 1200 Brussels, and registered with company registration number 0872634665, hereinafter referred to as the “Licensor”, hereby grants to the user (the “Licensee”) the rights described below.
To the extent that and for so long as the Licensee fulfills the conditions of this contract (the “Contract”), he shall benefit from a non-exclusive and non-transferable licence (the “Licence”) authorising him to use the Scan2Inventory software (“S2I”, or the “Software”) on one or more computer devices within his company for a period of 30 days with a maximum of 30 objects inventoried by the Software.
A software activation key is supplied to the Licensee. That key will cover the use of the Software for a maximum of 30 inventoried items.
The Software (as well as any backup copy, source-codes, object-codes, documentation and/or the manual, etc.) remains at all times the exclusive property of the Licensor and/or those contracted by the Licensor to distribute the Software. Those items are protected by copyright and the applicable international agreements and the Licensee represents that he will not violate the rights of ownership and the intellectual rights of the Licensor.
The Licensee has no right on the Software other than those conferred to him by the Contract. In particular, the Licensee may not (i) modify or create applications derived from the Software; (ii) disassemble, decompile or reconstitute the logic of the Software, except in situations where it needs to operate together with another independent software, subject to the applicable legislation; (iii) sell, hire out, distribute, grant a sub-licence for the Software; (iv) communicate the Software to the public, via the Internet or any other means; (v) present the Software or grant access to the Software to any third party; (vi) try in any way to unlock, neutralise or sidestep the initialisation system or the encryption or anti-copying techniques of the Software.
Any use not expressly authorised by the present Contract remains subject to the prior authorisation of the Licensor.
PRICE OF THE LICENCE
The use of the Software for the aforementioned thirty-day period is free of charge under the conditions laid down in the Contract.
The duration of the Licence granted under the terms of the present Contract is thirty days and shall begin on the date when the Licensee downloads, installs, activates or takes delivery of the Software (whichever occurs first) and shall continue so long as he respects the conditions of the Contract. If it is cancelled for any reason whatsoever, the Licensee must uninstall the Software and return or destroy it, following the instructions of the Licensor.
At the end of the trial period, the Licensee may opt for the payable version, in accordance with Article 7 of the Contract.
The present Contract only covers the use of the Software for trial, testing and evaluation purposes. The Licensor and the distributors of the Software exclude any explicit or implicit, general or special guarantee on the Software and its operation. Only its use for remuneration will give rise to the applicable contractual and legal warranties, under the conditions of the Licence granted to paying users.
LIMITATION OF LIABILITY
Under no circumstances may the Licensor and the distributors of the Software be held liable for any damage whatsoever concerning the performance of the Contract and the use of the Software, even in cases of serious error.
Only the use of the Software against remuneration may entail the responsibility of the Licensor and the distributors of the Software, subject to the conditions of the Licence granted to paying users.
EXTENSION OF THE TRIAL VERSION INTO THE PAYING VERSION
The Licensee may acquire a Licence for the Software during and after the trial period.
If the trial version has not been converted into the complete version after the expiry of the trial period, the key enabling the use of the Software will automatically be deactivated. If the Licensee decides to opt for the non-trial version of the Software, the conditions of the Licence will apply in place of the present conditions.
Personal data relating to the Licensee, his employees, collaborators or subcontractors may be processed by the Licensor, his employees, his subcontractors and those authorised contractually by the Licensor to distribute the Software for the performance of the present Contract.
That information will be kept and processed in accordance with the legislation in force. The data subjects have the right to access, rectify and oppose the processing of such data.
The data may be used for the purposes of promoting the Licensor’s other products and services, unless the data subject objects to it.
The Licensor will not use the data processed for other purposes than those mentioned above and shall not communicate such data to third parties without the consent of the data subject.
(i) If one of the provisions of the Contract is found to be null and void or inapplicable, such nullity or inapplicability shall not affect the validity or applicability of the other provisions of the Contract.
(ii) The Contract will not be governed by the local rules regarding disputes, nor by the United Nations Convention on Contracts for the International Sale of Goods, whose application is expressly excluded.
(iii) The Licensee undertakes not to export or re-export the Software without having the necessary agreements from the American or foreign governments, as the case may be, or for a purpose prohibited by any legislation applicable to the control of exports.
(iv) The Contract constitutes the whole of the agreement between the Parties concerning the Software and replaces all previous oral or written agreements and proposals between the Parties.
(v) The Contract may only be amended by a written or electronic agreement issued by a duly authorised representative of either of the Parties.
(vi) The Licensee may not assign the present Contract or any right or any obligation to a third party without the prior written consent of the Licensor.
(vii) Any default or delay by the Licensor in the application of any right or remedy under the Contract will not be considered as a withdrawal of that right or remedy or any other right or remedy.
(viii) The present Licensing Contract is governed by Belgian law and any dispute shall be submitted to the Courts of Brussels.