License Agreement for
Axiomatics’ Delegent Authorisation Service 2.0
IMPORTANT-READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING AND USING Delegent Authorisation Service 2.0 (“Delegent”): This
License Agreement (“Agreement”) is a legal agreement between you (“Licensee”)
who is the person or entity that has received the required License Key and
Axiomatics AB (“Axiomatics”) for Delegent, which includes computer software and
associated media, printed materials, "online" or electronic documentation
("Product").
YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS OF THIS
LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF
YOU DO NOT AGREE TO ALL THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR
USE THE PRODUCT.
Subject to the terms and conditions of this Agreement, Axiomatics hereby
grants to Licensee a non-exclusive and non-transferable license to use, solely
for Licensee’s internal business purposes, the Product and the associated user
documentation and in accordance with the evaluation license defined in section
2.
Licensee may make use of the copy delivered by Axiomatics of any
documentation, provided that such copies are used solely for Licensee’s
internal business purposes.
The Evaluation License entitles Licensee’s organization to an unlimited
number of Installations of Delegent on equipment on which the Product has not
been previously installed. Each Installation of The Product is licensed for a
period of 60 days. The first 60 days of use of the Product by a particular
Licensee is free of charge. When an installation reaches the expiration of the
60 day period, the Software will automatically discontinue processing transactions,
unless Licensee purchases a perpetual or subscription license that will be
provided by Axiomatics. Axiomatics is not liable for any operational costs or
other liability incurred by Licensee as a result of the Delegent shutting-down
once the 60 days expiration is reached. An Evaluation License can be used for
development, pilot or production purposes. Axiomatics reserves the right to
deny additional License Keys and to audit any Licensee that appears to be
violating the spirit of this Agreement. Violations include: migrating
configurations of Delegent from one server to another to avoid a license fee,
tampering with the server time clock, failure to disclose the true identity of
the organization running Delegent, or repeat License Key requests from the same
Licensee to reinstall Delegent on equipment on which an Installation of
Delegent was previously installed. Special circumstances or requests will
likely be approved by Axiomatics but Licensee must use best efforts to report
any activity that could violate the spirit of this Agreement.
Licensee may not resell, or otherwise transfer, redistribute, sublease,
rent, lease, lend the Product to any third person, modify, reproduce or prepare
the Product into derivative works based upon the Product in whole or in
part. You may not tamper with any
proprietary notices or marks from Axiomatics.
Licensee may not reverse engineer, decompile, disassemble, or otherwise
reduce the Product to another computer language or a human perceivable form,
except and only to the extent that such activity is expressly permitted by
mandatory applicable law notwithstanding this limitation.
This Agreement does not grant Licensee any rights in connection with any
trademarks or service marks of Axiomatics.
Licensee agrees that Axiomatics and its affiliates may collect and use
technical information gathered as part of the product support services provided
to Licensee related to the Product. Axiomatics may use this information solely
to improve its products or to provide customized services or technologies to
Licensee and will not disclose this information in a form that personally
identifies Licensee.
Without prejudice to any other rights, Axiomatics may terminate this
Agreement with immediate effect if Licensee fails to comply with the terms and
conditions of this Agreement. In such event, Licensee must delete all copies of
the Product and documentation within ten (10) days of the effective date of
termination by Axiomatics. Licensee may terminate the License at any time in
which case all license rights to the Product are terminated. In such event Licensee must delete all copies
of the Product within ten (10) days of the effective date of termination by
Licensee.
This Agreement does not grant Licensee rights to any improvements,
modifications, enhancements, updates to the Product, or support services. Such
updates may be purchased separately from Axiomatics.
Axiomatics, from time-to-time, in its sole discretion, may make
available for download (or via other distribution methods), patches, updates or
upgrades (collectively “Update(s)”)
for the Product. Licensee may use the Updated Product to execute any remaining
balance of the 60 day time limit provided for under this Agreement. Any such Update that Licensee downloads and installs will be part of
the Product and subject to the terms of this Agreement. Updating the Product
does not entitle Licensee to any additional time use above and beyond the first
60 day time limit provided by this Agreement
Use of improvements, modifications, enhancements, and updates shall be
governed by the terms of this Agreement.
Axiomatics warrants the media on which the product is delivered to
Licensee to be free from defects in materials and workmanship and that the
Product will substantially operate as specified by Axiomatics for a period of
60 days from the date of purchase.
Axiomatics’ sole liability and Licensee’s exclusive remedy for breach of
any warranties shall be, at Axiomatics’ option to replace Licensee’s defective
media or product. Any modification of the Product by any person other than an
Axiomatics’ representative or any use of the product with infringing software
or data will void this warranty. This warranty is void also if failure of the
Product is a result of abuse, misapplication, abnormal use or virus.
THE FOREGOING WARRANTIES ARE IN
LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF
MERCHANTIBILITY.
Under no circumstances and under no legal theory, whether in tort,
contract or otherwise, shall Axiomatics or its supplier be liable to Licensee
or to any other person for any special, incidental, punitive, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to meet any
duty including of good faith or of reasonable care, and for any other pecuniary
or other loss whatsoever) arising out of or in any way related to the use of or
inability to use the product, links to third party products, the provision of
or failure to provide support or other services, information, software, and
related content through the product or otherwise arising out of the use of the
product, or otherwise under or in connection with any provision of this
Agreement, even in the event of the fault, tort (including negligence), strict
liability, breach of contract or breach of warranty of Axiomatics or any
supplier, and even if Axiomatics or any supplier has been advised of the
possibility of such damages.
THE PRODUCT IS PROVIDED “AS IS”. Licensee is responsible for selecting
the software to achieve its intended results and Axiomatics makes no warranty
that the Product can be used to achieve Licensees intended results. Axiomatics
makes no warranty of the Product’s function or quality for any specific
purpose. Axiomatics makes no warranty or condition that the Product will be
error-free or free from interruptions or other failures.
Licensee may link the product to third party products. The third party
products are not under the control of Axiomatics, and Axiomatics is not
responsible for the contents or performance of any third party products or for
the function of the Product together with any third party products. Axiomatics
is providing these links to third party products to Licensee only as a
convenience, and the inclusion of any link does not imply an endorsement by
Axiomatics of the third party product. Limitations in Axiomatics’ liability
regarding links to third party products are described in section 5.
Notwithstanding any damages that Licensee might incur for any reason
whatsoever (including, without limitation, all damages referenced above under
section 5 and all direct or general damages), the entire liability of
Axiomatics and any of its suppliers under any provision of this Agreement and
Licensee´s exclusive remedy for all of the foregoing shall be limited to the
amount actually paid by Licensee for the Product.
This Agreement (including any addendum or amendment to this Agreement
which is included with the Product) constitutes the entire agreement between
Licensee and Axiomatics relating to the Product and the support services (if
any) and they supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect to the Product. This
Agreement shall not be modified except by a written agreement executed by an
authorized representative of Axiomatics and Licensee.
The Product is confidential and protected by copyright and other
intellectual property laws and treaties. Axiomatics or its suppliers own the
title, copyright, and other intellectual property rights in the Product. The
Product is licensed, not sold. No right, title or interest in or to any
trademark, service mark, logo or trade name of Axiomatics is granted under this
Agreement. You agree to take all reasonable steps to safeguard Axiomatics to
ensure that no unauthorized person shall have access to the Product or that no
unauthorized use is made of the Product.
10. SEVERABILITY
If a provision of this Agreement is rendered invalid, the remaining
provision shall remain in full force and effect.
11. NOTICES
Notices shall be in writing and shall be deemed delivered in person when
delivered by courier or mailed postage prepaid by Certified or Registered Mail
– return receipt requested – to the current business address of the addressee.
12. Governing Law and
Jurisdiction
This Agreement shall be governed by and construed in accordance with the
laws of Sweden, exclusive however of Swedish Private International Law. The courts of Sweden shall have exclusive
jurisdiction over matters arising out of or in connection with this Agreement.