Terms Of Service

Software license agreement Centry


This license agreement (“AGREEMENT”) is between you (“CUSTOMER”) (either an individual or an entity you represent), and Digia3 (“DEVELOPMENT PARTNER”, “we”). This AGREEMENT applies to all employees in CUSTOMER’s organization. By copying, downloading, or using all or any portion of the SOFTWARE, CUSTOMER accepts all the terms and conditions of this AGREEMENT. If CUSTOMER does not agree to the terms of this AGREEMENT, CUSTOMER should not use the SOFTWARE. Dutch law is applicable to this AGREEMENT.


Definitions

Software, the program of Centry.

Updates, major and minor version changes.


  1. Software license

Provided CUSTOMER complies with the terms and conditions of this AGREEMENT and has paid the applicable subscription fee, DEVELOPMENT PARTNER grants CUSTOMER a revocable, non-exclusive, non-transferable, worldwide, limited license to use the SOFTWARE. CUSTOMER represents and warrants to have legal capacity to enter into the AGREEMENT.

1.1 Limited use. CUSTOMER may not transfer, rent, sublicense, assign, lease, load, resell for profit, redistribute, publish or share the SOFTWARE, without the prior consent of DEVELOPMENT PARTNER. CUSTOMER must not use the SOFTWARE other than as permitted by the license.

1.2 Copyright. The Software must retain DEVELOPMENT PARTNER’s copyright and proprietary notices that appear in the SOFTWARE.

1.3 Illegal activity. CUSTOMER may not use the SOFTWARE to engage in or allow others to engage in any illegal activity where the SOFTWARE is used.


  1. Intellectual property, reservation of rights

2.1 Intellectual property. The SOFTWARE are the intellectual property of and are owned by DEVELOPMENT PARTNER. The structure, organization, arrangement and source code of the SOFTWARE are the valuable trade secrets and confidential information of DEVELOPMENT PARTNER.

2.2 Ownership. The Software is licensed, not sold. CUSTOMER acknowledges that the SOFTWARE is the property of DEVELOPMENT PARTNER.


  1. Refunds

3.1 No refunds will be offered for the SOFTWARE, except as required by law or as otherwise stated herein.


  1. Warranty

4.1 DEVELOPMENT PARTNER hereby warrants that the SOFTWARE does not violate or infringe any 3rd party claims in regards to intellectual property, patents, and or trademarks.

4.2 No warranty. The SOFTWARE is provided without any warranty. Although DEVELOPMENT PARTNER attempts to deliver accurate, complete content and error-free software applications, occasional errors or commissions may occur in the SOFTWARE.


  1. Liability

5.1 Limited liability. To the extent permitted under law, the SOFTWARE is provided under an AS-IS basis. In no event shall DEVELOPMENT PARTNER be liable for any damage, cost, expense incurred by CUSTOMER as a result of SOFTWARE’s actions, failure, bugs and/or any other interaction between the SOFTWARE and CUSTOMER’s equipment, computers, or other software.


  1. Support

6.1 SOFTWARE is provided under an AS-IS basis. Nothing in this AGREEMENT shall require DEVELOPMENT PARTNER to provide CUSTOMER with support or fixes to any bug, failure, mis-performance or other defect in the SOFTWARE.


  1. Feedback

7.1 CUSTOMER may provide feedback, including for example feedback on usability, bug reports, test results, documentation, suggestions and ideas about the SOFTWARE. CUSTOMER agrees that DEVELOPMENT PARTNER may use this feedback in any way, including in future modifications of the SOFTWARE. CUSTOMER provides DEVELOPMENT PARTNER a perpetual, worldwide, fully transferrable, non-revocable, royalty-free right and license to make, use, modify, sell, license, create derivative works from, distribute and display any information CUSTOMER provides in the feedback.


  1. Upgrades

8.1 DEVELOPMENT PARTNER will, from time to time, provide Upgrades to the SOFTWARE. Upgrades will be automatically applied to the SOFTWARE.


  1. Subscription

9.1 The Subscription begins as soon as soon the initial payment is processed. Subscription will continue without renewal notice until CUSTOMER cancels. The subscription fee is subject to change, but CUSTOMER will be notified of any change with the option to cancel in accordance with these terms.


  1. Term & Termination

10.1 The term of this license shall be until terminated. DEVELOPMENT PARTNER may terminate this AGREEMENT immediately and without notice in the case CUSTOMER is in breach of any of the terms to this license.