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 You declare that You have the authority to bind such entity to this EULA, in which case the term “You” refers to such entity.
The EULA contains the Terms and Conditions for the use of this app. By accepting this EULA and/or by using the App You agree with the Terms and Conditions of the EULA.
DEFINITIONS
“the App” refers to the software developed by Alistar and the included documentation you install on your device.
“You” and “Your” refers to the individual or legal entity who uses the App.
OWNERSHIP, RIGHTS, OBLIGATIONS AND GRAND OF LICENSE
The App, including updates, upgrades, modifications, revisions, and documentation made available by Alistar is available for download by You at no charge. Alistar grants to 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 copyrighted, trade secret and confidential information of Alistar or its licensors, who maintain exclusive title to all Software and retain all rights. You are not permitted to use the App for any purpose other than 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 if not otherwise determined in the EULA.
Please note that Alistar can discontinue the no-charge program, the 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 which You place with or via the App, the installation of, use of, and results obtained from the App.
MAINTENANCE AND SUPPORT OF THE APP
- Alistar does not provide any Support on the App. However if you have an account for the Alistar Customer Portal (Klantportaal) you may use the Klantportaal for questions concerning the use of the App and/or for reporting issues regarding the App. Your questions will be handled based on Best Effort.
- Access to the Klantportaal is only provided to registered customers of Alistar.
- Any maintenance agreement, support agreement or Service Level Agreement in place 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 concerning the App belong to Alistar or its licensors. You are not allowed to;
- remove or modify any (trade) marks or notice(s) from Alistar and make use of any name, trademark, logo or sign,
- redistribute, sublicense or provide the App to any third party,
- use the Software or allow its use for developing, enhancing or marketing any product that is competitive 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-engineering, decrypt, modify or in any way (attempt to) derive source code from App.
If You breach this 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, disclaims any warranty, maintenance and or service obligations on the part of Alistar. No such warranty or undertaking shall be implied from any description in the App itself or any available documentation or any other communication or advertisement for the App. Alistar does not warrant that the App will be available uninterrupted or permanently, nor that it will give uninterrupted, permanent, timely, error-free or secure access to data. Alistar will not accept any liability for the fact that data, obtained, placed with or via the App is not sent or received in a proper, complete or timely manner.
You acknowledge that the App is provided at no-charge, reflecting the allocation of risk set forth in this EULA and that Alistar would not enter into this EULA or offer the App at no charge without these limitations on its liability.
Alistar is never liable for;
- any damages whatsoever for not complying with the system requirements or the use of the App on not supported devices,
- any damages, lost profits, missed savings, reduced goodwill, damages resulting from operational stagnation, temporarily unavailability of the App, damages resulting from claims by Your customers, relations and/or employees,
- corruption or loss of data,
- damages associated with the use of third-party items, materials or software,
even if Alistar was notified of the possibility of such damages.
Some countries and/or 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 the liability of Alistar is limited to the maximum extent possible by law. In case Alistar is unable to invoke the limitation and exclusion referred to in this EULA the liability of Alistar 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 U.S. and other governments, which prohibit the provision of Software to specified destinations, end-users and end uses. 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 embargoed or restricted 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 terminating the use of the App and destroying all copies of the App on your devices.
Alistar is entitled to terminate the 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 case of termination You are not allowed to use the App any longer.
APPLICABLE LAW AND DISPUTES
The EULA is governed by Dutch law only. Disputes that may arise between You and Alistar will be settled by arbitration in accordance with the ‘Arbitragereglement van de Stichting Geschillenoplossing Automatisering’, having its registered office in The Hague, all this without prejudice to the right of each of the parties to request a provision in (arbitral) proceedings and without prejudice to the right of each of the parties to take precautionary legal measures. The place of arbitration is Utrecht, The Netherlands.
MISCELLANOUS
The EULA is the agreement for the App. Please note that You are also bound to the General Terms and Conditions of Alistar.
If any provision in the EULA is completely or partly void, voidable or conflicts with any law, it is deemed to be isolated and not applicable. In such a case the parties will consult with each other in order to replace the provision in question by a provision with a similar purpose that is not completely or partly void, voidable or in conflict with any law. The other provisions of the EULA remain in full force.