Terms and conditions
License
Under this Agreement, Supplier grants the Client a non-exclusive and non-transferable license (the "License") to use the "B12" application (the "Software").
The Software is a web-based, on-demand application and for the purposes hereof, includes all printed, electronic and online documentation and any other files that may accompany it.
Title, copyright, intellectual property rights and distribution rights to the software remain the exclusive property of the supplier. Intellectual property rights include the appearance and usability of the software. This Agreement is a license for use only and does not constitute a transfer of ownership rights in the Software.
As used herein, "Intellectual Property Rights" means : (1) all proprietary rights throughout the world under : (a) patent law; (b) copyright (including moral rights); (c) trade-mark law; (d) design patent or industrial design law; (e) semiconductor chip or mask law or integrated circuit topography law; or (f) any other applicable statutory provisions or common law principles, including trade secret law; (2) any application, license, sub-license, franchise or registration or agreement or other evidence of title to any of the foregoing; and (3) all licenses and waivers and all benefits of waivers of the intellectual property rights referred to in subsections (1) and (2) above, all future income and proceeds of the intellectual property rights referred to in subsections (1) and (2) above, and all rights to damages and profits as a result of an infringement or violation of the intellectual property rights referred to in subsections (1) and (2) above.
The rights and obligations of this agreement are personal rights granted to the customer only. The Client may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or entity. The Client is not allowed to make the Software available to one or more third parties.
The Software may not be modified, reverse engineered or decompiled in any way using current or future available technology.
Duration
This Agreement is effective upon its execution by the parties (the "Agreement Commencement Date") and will remain in effect as long as the Client has an active license.
Privacy
Supplier acknowledges that he may receive confidential information (the "Confidential Information") from Client in connection with this Agreement. Confidential Information includes any information received by Supplier from Client that is either specified to be confidential or would be considered by a reasonable person to be confidential in light of the information and the circumstances surrounding its disclosure. Supplier agrees to keep the Confidential Information confidential and agrees not to use it, except in connection with the services provided under this Agreement, and not to disclose it to anyone who does not need to know it for the purposes of this Agreement.
Confidential Information" does not include any information that is publicly available at the time of disclosure or becomes publicly available thereafter through no fault of the Supplier, or that is legitimately acquired by the Supplier from a third party not in breach of a confidentiality agreement.
Limitation of liability
The software is provided by the Supplier and accepted by the Client "as is". The Supplier shall not be liable for any general, special, incidental or consequential damages, including but not limited to loss of production, loss of profits, loss of revenue, loss of data or any other commercial or economic disadvantage suffered by the Client as a result of the use or failure to use the Software.
Supplier does not warrant that use of the software will be uninterrupted or error-free. The Client agrees that software in general is subject to bugs and defects to an acceptable level.
Mandate and Declarations
The Supplier warrants and represents that it is the copyright holder of the software. The Supplier warrants and represents that the granting of the license to use this software hereunder does not constitute a breach of any other agreement, any third party rights or any applicable law.
Feedback
All comments are given on a voluntary basis by the Client. The Supplier reserves the right to use, reproduce, and exploit any comment without constraint or restriction. For the purposes of this agreement, "comment" means a suggestion, feedback, or any mention in relation to the functionality of the software or its use.
Force majeure
The Supplier shall be released from any liability to the Client in the event that the Supplier is unable to fulfill its obligations under this Agreement, in whole or in part, due to an event of force majeure, such as an earthquake, a pandemic, a typhoon, flood, fire, war or any other unforeseeable and uncontrollable event in which the Supplier would have taken all appropriate measures to mitigate such an event.
System requirements
Minimum specifications
- 2 GHz processor
- Minimum of 8GB of RAM
- Resolution of 2014 x 768
- Mouse and keyboard
Supported browsers
- Firefox (latest version)
- Chrome (Latest version)
- Chrome for Android (4.4 and +)
- Chrome for iOS (10 and +)
- Safari for iOS (10 and +)
Miscellaneous provisions
This agreement cannot be modified.