Licence conditions for iGlobe
Definitions
1.1 For the purposes of these licence conditions, the Licensor means iGlobe ApS, VAT DK-32643000, Marielundvej 18, DK-2730 Herlev, Denmark.
1.2 For the purposes of these licence conditions, the Product means the program developed by the Licensor, iGlobe CRM, iGlobe eMarketing and iGlobe eXpense.
1.3 The Customer means the legal or natural person who is subject to these licence conditions as a user of the Product.
Scope of the licence
2.1 The product is integrated into standard applications to which third-party producers have the rights. The Customer accepts that in relation to these licence conditions the Licensor does not represent such third-party producers, for which reason such producers' licence conditions apply directly between the third-party producers and the Customer for the purposes of the standard applications. Thus no third-party product is covered by these licence conditions.
2.2 The Licensor hereby grants the Customer a non-exclusive, non-transferable subscription-based right of use in the Product and ancillary documentation on the following conditions.
2.3 The right of use only covers the Customer's use of the Product. The Customer is thus not entitled to use the Product for e.g. facility management activities, letting or other use for a third party.
2.4 The end user's right to use the Product only covers the number of users/copies of the Product to which the Customer subscribes to from time to time.
2.5 The Customer may only copy the Product where necessary to the Customer's legitimate use of the Product and taking into account the required data security.
2.6 The licence is a, per user per month, subscription-based lease agreement to be paid quarterly in advance. The subscription is also regulated quarterly on payment. Information regarding changes to the number of subscriptions must be given to iGlobe in writing before a new settling period.
2.7 The price is fixed by iGlobe in accordance with iGlobe ApS' list price applicable at the time when the renewal is payable.
2.8 All iGlobe ApS' stated prices are exculing VAT, taxes and dues incumbent on or imposed products of the said nature, unless otherwise expressly stated.
2.9 The subscription can be terminated at three months' notice. The termination must be submitted in writing per e-mail or letter to iGlobe.
Defects
3.1 The Licensor points out that it is not practically possible to produce software that works error-free in any situation and combination. The Product is delivered on an "as is" basis, and no warranties, undertakings or remedies for breach of contract in addition to those below are given.
3.2 If the Customer, without the Licensor's consent, performs or has performed changes to the Product or connects / embeds other equipment /applications that influence the Product, the Licensor is in future entitled to demand release of any type of obligation in relation to the Product, including remedy of defects. If the Customer restores the initial situation, the Licensor's obligations remain in force. The Licensor is entitled to check that the initial situation has been restored and to claim payment therefor.
Limitation of liability
4.1 In the absence of any specification in these licence conditions or terms otherwise agreed between the Licensor and the Customer, the parties are liable under the general rules of Danish law.
4.2 However, the Licensor is in no way liable for the Customer's consequential losses, including operating loss, time loss, loss of profit, loss of data and indirect losses of any nature.
4.3 The Licensor's liability in damages is in every respect limited to the smallest of the following two amounts 1. the Customer's three month paid licence payments for use of the Product in compliance with these licence conditions, or DKK 150,000.
4.4 iGlobe ApS incurs product liability under any mandatory legislation in force from time to time but undertakes no liability to a wider extent than as a consequence of the liability under the law. Liability based on product liability not specified in the liability under the law, but based on Danish case law, is therefore excluded in its entirety.
Infringement of third-party rights
5.1 The licensor warrants that the Product does not infringe third-party rights.
5.2 If a third party submits a claim against the Customer contending that the Product infringes a third-party right, the Customer must inform the Licensor thereof in writing. Subsequently, the Licensor assumes the entire matter and all incidental costs and conducts for example settlement negotiations, legal steps etc. at its own discretion.
5.3 The Licensor indemnifies the Customer in connection with such claims from a third party, including for any necessary and unavoidable costs, compensation etc. which a claimant would be awarded. In addition, the Customer cannot claim any other remedies for breach of contract vis-à-vis the Licensor.
Assignment
6.1 The Licensor is entitled to assign its rights and obligations in whole or in part under these licence conditions to a third party.
Disputes
7.1 These licence conditions are governed by Danish law.
7.2 The Parties must seek to solve any disagreements about the interpretation and performance of these licence conditions in negotiations. If a settlement solution has not been reached within 14 days after the demand for negotiation, the dispute may be brought before the ordinary courts of law at the Licensor's venue.