END USER LICENSE AGREEMENT FOR NO-CHARGE (FREE) SOFTWARE
Please read the Terms and Conditions of this End User License Agreement (“EULA”) before you start using the App. The EULA is a legal agreement between you and Alistar Nederland B.V. or one of its subsidiaries (“Alistar”). If you are accepting this EULA on behalf of a legal entity, you represent and declare that you have the authority to bind such entity to this EULA; in such case, the term “you” refers to such entity.
The EULA contains the Terms and Conditions for using this app. By accepting this EULA and/or by using the app, you agree to the Terms and Conditions of the EULA.
DEFINITIONS
“the App” refers to the software developed by Alistar and the accompanying documentation that you install on your device.
“You” and “Your” refer to the individual or legal entity that uses the App.
OWNERSHIP, RIGHTS, OBLIGATIONS, AND GRANT OF LICENSE
The App, including updates, upgrades, modifications, revisions, and documentation made available by Alistar, is available for You to download free of charge. Alistar grants You, subject to Your compliance with the terms and conditions of this EULA, a nontransferable, nonexclusive right to use the App solely for Your internal business purposes and only on supported devices.
The App, including all copies and documentation, is protected by copyright and constitutes trade secrets and confidential information of Alistar or its licensors, who retain exclusive ownership of all Software and reserve all rights. You are not permitted to use the App for any purpose other than those expressly permitted under this EULA and/or the General Terms and Conditions of Alistar Nederland B.V. (Chamber of Commerce number 31033154), which form an integral part of this agreement. All Alistar Terms and Conditions shall apply to the use of the App unless otherwise specified in the EULA.
Please note that Alistar may discontinue the free program, maintenance, support, and/or availability of the app at any time!
USE OF THE APP
Please note that you are fully responsible for the content and accuracy of the data you enter into or through the App, as well as for the installation, use, and results obtained from the App.
MAINTENANCE AND SUPPORT FOR THE APP
- Alistar does not provide any support for the app. However, if you have an account for the Alistar Customer Portal (Klantportaal), you may use the Klantportaal to ask questions about using the app and/or to report issues with the app. Your questions will be handled on a best-effort basis.
- Access to the Customer Portal is provided only to registered Alistar customers.
- Any maintenance agreement, support agreement, or Service Level Agreement in effect between You and Alistar shall not apply to the App.
- Alistar may, at its sole discretion, but is not required to, provide updates, upgrades, patches, bug fixes, and new versions of the App.
INTELLECTUAL PROPERTY
All ownership and intellectual property rights related to the App belong to Alistar or its licensors. You are not permitted to:;
- remove or modify any (trade) marks or notices from Alistar and use any name, trademark, logo, or sign,
- redistribute, sublicense, or provide the App to any third party,
- use the Software or permit its use for developing, enhancing, or marketing any product that competes with the Software, or disclose to any third party the results of or information pertaining to any testing of the Products against a third party’s products for the purpose of competitive comparison.
- reverse-assemble, reverse-compile (decompile), reverse-engineer, decrypt, modify, or in any way (attempt to) derive source code from the App.
If you violate these restrictions, you may be subject to prosecution and damages.
DISCLAIMER AND WARRANTY
This App is provided to You “as is” and free of charge. Alistar does not guarantee or warrant any features or qualities of the App and disclaims any warranty, maintenance, and/or service obligations on the part of Alistar. No such warranty or undertaking shall be implied from any description within the App itself, any available documentation, or any other communication or advertisement regarding the App. Alistar does not warrant that the App will be available uninterrupted or permanently, nor that it will provide uninterrupted, permanent, timely, error-free, or secure access to data. Alistar will not accept any liability for the fact that data obtained, stored, or transmitted through the App is not sent or received properly, completely, or in a timely manner.
You acknowledge that the App is provided free of charge, reflecting the allocation of risk set forth in this EULA, and that Alistar would not enter into this EULA or offer the App free of charge without these limitations on its liability.
Alistar is never liable for;
- any damages whatsoever resulting from failure to comply with the system requirements or from using the App on unsupported devices,
- any damages, lost profits, lost savings, reduced goodwill, damages resulting from operational stagnation, temporary unavailability of the App, damages resulting from claims by your customers, business partners, and/or employees,
- corruption or loss of data,
- damages associated with the use of third-party items, materials, or software,
even if Alistar had been notified of the possibility of such damages.
Some countries, states, and jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages, so the above limitation and exclusion may not apply to you. In that case, Alistar’s liability is limited to the maximum extent permitted by law. If Alistar is unable to invoke the limitation and exclusion referred to in this EULA, Alistar’s liability is in any case limited to EUR 10,000.
EXPORT
You agree to comply with all international and national laws that apply to the App, including, but not limited to, the U.S. Export Administration Regulations, economic sanctions regulations administered by the Office of Foreign Assets Control, as well as similar restrictions issued by the U.S. and other governments, which prohibit the provision of Software to specified destinations, end users, and end uses. The Customer specifically represents and warrants that it will not export, re-export, sell, supply, or transfer the App to any country or person to which the United States has imposed an embargo or restrictions on the provision of the Software, including, but not limited to, Cuba, Iran, North Korea, Sudan (North), or Syria, nationals of those countries, or to any other embargoed or restricted destination or person.
TERMINATION OF THE EULA
You may terminate this UELA by ceasing to use the App and deleting all copies of the App from your devices.
Alistar is entitled to terminate your use of the App if you do not comply with the Terms and Conditions of this UELA, the General Terms and Conditions of Alistar, if any third party restricts, prevents, or ceases to authorize the installation or use of the App on your device(s), or if Alistar decides at any time to stop providing or maintaining the App. In the event of termination, you are no longer permitted to use the App.
APPLICABLE LAW AND DISPUTES
The EULA is governed solely by Dutch law. Any disputes that may arise between You and Alistar will be settled by arbitration in accordance with the ‘Arbitration Rules of the Stichting Geschillenoplossing Automatisering,’ which has its registered office in The Hague, all of which is without prejudice to the right of each party to seek a provisional order in (arbitration) proceedings and without prejudice to the right of each party to take precautionary legal measures. The place of arbitration is Utrecht, the Netherlands.
MISCELLANEOUS
The EULA is the agreement governing the App. Please note that you are also bound by Alistar's General Terms and Conditions.
If any provision of the EULA is wholly or partially void, voidable, or in conflict with any law, it shall be deemed severable and inapplicable. In such a case, the parties shall consult with each other to replace the provision in question with a provision that serves a similar purpose and is not wholly or partially void, voidable, or in conflict with any law. The remaining provisions of the EULA remain in full force and effect.