GENERAL CONDITIONS
Definitions
AUTHOR
The author of this software is: Wolf van Heeswijk
CLIENT
A natural or legal person (i.e. a company) in any country, who has a
legal relationship with AUTHOR in connection with a License or in
connection with any form of providing the Software to this natural or
legal person by AUTHOR .
SOFTWARE
Computerprograms, third-party software components, file structures,
helpfiles, and other software provided by AUTHOR to enable operation of
the software products on a computer.
LICENSE
A grant of license by AUTHOR to allow Client to install and use the
Software on his/her computer under the conditions laid down in the
License agreement.
DELIVERY
Delivery to Client means that AUTHOR makes the Software available to
Client for use on one or more computers, under the conditions laid down
in the License agreement. Delivery does not affect the ownership of the
Software: AUTHOR remains the owner of the Software and the Intellectual
Property rights at all times.
PARTIES
AUTHOR and Client are the two parties for whom any legal relationship is governed by these General Conditions.
General
1.1 These General conditions and terms of delivery -
exclusively - govern each and every legal relationship between AUTHOR
and Client. Terms that differ from these General conditions and terms
of delivery are only applicable if and when AUTHOR has explicitly
agreed to those terms in writing.
1.2 When an Agreement between AUTHOR and Client ends
- by whatever cause - these General conditions and terms of delivery
remain in full force and will govern each and every relationship
between the Parties.
2 Each and every legal relationship between AUTHOR
and Client will be exclusively governed by Dutch material- and formal
law, excluding collision law and other legal rules. International
Treaties that have no direct force under the Dutch legislative system
as well as the Vienna Convention on Consumer Goods are expressly
excluded.
3 The moment a License Agreement between AUTHOR and
Client goes into force, Client is granted a non-exclusive,
non-transferable license to use the Software on the computers to which
the License applies, under the conditions laid down in the License
Agreement.
4 The License Agreement goes into force when Client,
during the installation of the Software on his/her computer, accepts
the License Agreement. By installing the Software, Client fully accepts
all terms in the agreement, and fully accepts these General Conditions.
5 Client is granted the non-exclusive,
non-transferable License to install the Software on his/her computer
and to use it on that computer, only if he/she:
a. fully accepts these General Conditions
b. fully accepts the License Agreement presented during the installation
Limitations for use of the Software
6 The software is not intended for use in, nor deemed
suitable for application in nuclear facilities, aircraft navigation
systems, air traffic control systems, naval navigation systems, naval
traffic control systems, medical treatment of one or more persons, or
any other situation where any use of the software, e.g. due to errors
in the software or due to any other cause in using the software, could
lead to death, personal injury or any other physical damage or to
damage to the environment. Client agrees not to use the software in any
of those situations and indemnifies author for all damage claims that
could result from such unauthorized use of the software.
7 Client shall not use the Software in any form or
activity that infringes the Intellectual Property rights of AUTHOR.
Copying , analizing, reverse-engineering the Software, using or
re-using parts of the Software in another form than provided by AUTHOR
, building or including parts of the Software into other software - and
similar activities - form an infringement of the rights of AUTHOR and
are not allowed.
8A License granted to Client does not imply in any
way a promise for support that goes further than providing the
Help-file with the Software. By accepting the License agreement Client
accepts that no further support for using the Software is implied in
the License.
9 This SOFTWARE is provided "as is" without a
warranty of any kind. By accepting this License Agreement, LICENSEE
agrees that he or she will make use of the SOFTWARE entirely at his/her
own risk, and that he/she takes the full responsibility for using the
SOFTWARE, including the possibility that it may still contain bugs or
errors and that the fitness for any particular purpose was not
demonstrated and is not guaranteed or promised by AUTHOR. In no event
shall AUTHOR or its suppliers be liable for any damages whatsoever
including direct damages, indirect damages, incidental damages,
consequential damages, loss of business profits or any special or other
damages, even if AUTHOR has been advised or warned on the possibility
of such damages.
Other terms and provisions
10 AUTHOR endeavours to prevent virus contamination
of its Software, yet cannot fully guarantee that no virus contamination
or other malicious intervention through the internet - or through
another route - could occur. Client agrees that he/she is fully
resonsible to check his/her own computer for virus presence and other
malicious effects when installing and using the Software.
11 In case a court verdict would imply that ruling
out all forms of liability of AUTHOR is not allowed, the liability of
AUTHOR will be limited to the license fee Client has paid for the
Software.
12 By filling the registration form in the order
procedure, Client grants AUTHOR the right to store Clients personal
data - as submitted - in one or more files for administrative purposes
used by AUTHOR.
13 Any dispute that may arise from these General
conditions and terms of delivery or from the License agreement accepted
by Client in the installation of the Software will exclusively and
entirely be subjected to the court verdict of the District Court
(Arrondissements-rechtbank) in The Hague, Netherlands (Den Haag).
14 If one or more of the terms or clauses in these
General conditions is / are in conflict with legal rules or are
declared invalid by a decision in court, the other terms and clauses
will be unaffected and will remain in full force. AUTHOR and Client
will then agree on one or more new terms that provide a legal solution
in accordance with the intent of the original text of these
General Conditions.