This page was last updated on 03/08/2021.
Please read this EULA carefully, as it sets out the basis upon which we license the Software for use. Before you download the Software from our website, we will ask you to give your express agreement to the provisions of this EULA. By agreeing to be bound by this EULA, you further agree that your employees or any person you authorise to use the Software will comply with the provision of this EULA.
1.1 Except to the extent expressly provided otherwise, in this EULA:"Charges" means those amounts that the parties have agreed in writing shall be payable by the User to the Reseller in respect of this EULA;"Documentation" means the documentation for the Software produced by the Licensor and delivered or made available by the Licensor or the Reseller to the User;"Effective Date" means the date upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor or the Reseller;"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;"Feedback" means any suggestion or idea for modifying any of Licensor’s products or services, including without limitation all intellectual property rights in any such suggestion or idea;"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);"Licensor" means Bernard Renson of 12 Grand Rue, L-8372 Hobscheid, Luxembourg;"Licensor Indemnity Event" has the meaning given to it in Clause 14.1;"Maintenance Services" means the application to the Software of Updates and Upgrades;"Minimum Term" means, in respect of this EULA, the period of 24 months beginning on the Effective Date;"Reseller" means the individual or company purchasing Software licenses in view of transferring such licences directly to the User;"Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;"Software" means Eazitron, Eazimed or the Eazitron Suite, or any solution that composes it, i.e.: Eazitron (Actlas, Actlas+, EaziFin, InvoQote, EaziEstate, RelRadar, Hresky, OvervU, Khronoz and eStokrr) and Eazimed (MedicaVault and MemPat);"Software Defect" means a defect, error or bug in the Software having an adverse effect on the appearance, operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of:(a) any act or omission of the User or any person authorised by the User to use the Software;(b) any use of the Software contrary to the Documentation by the User or any person authorised by the User to use the Software;(c) a failure of the User to perform or observe any of its obligations in this EULA; and/or(d) an incompatibility between the Software and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;"Software Specification" means the specification for the Software set out in the Documentation;"Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;"Support Services" means support in relation to the use of the Software and the identification and resolution of errors in the Software, but shall not include the provision of training services whether in relation to the Software or otherwise;"Term" means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;"Update" means a hotfix, patch or minor version update to the Software;"Upgrade" means a major version upgrade of the Software;"User" means the person to whom the Licensor grants a right to use the Software under this EULA; and"User Indemnity Event" has the meaning given to it in Clause 14.3.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 16 or any other provision of this EULA.
4.1 The Licensor hereby grants to the User from the date of supply of the Software to the User a worldwide, non-exclusive licence to:(a) install a single instance of the Software;(b) use the Software in accordance with the Documentation; and(c) create, store and maintain up to 3 back-up copies of the Software,subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1.
4.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions:(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;(b) the User must not alter, edit or adapt the Software, with the exception of details described under Clause 5.2; and(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.4 The User shall be responsible for the security of copies of the Software supplied to the User under this EULA (or created from such copies) and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorised to use them under this EULA.