EULA for the E-Commerce Connector for Microsoft Dynamics 365 Business Central
This End-User License Agreement (“EULA”) is a legal agreement between you and Tinx-IT B.V.,
The Netherlands. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA applies to the use of software, pre-installed software on any of your hardware devices and accompanying items, including on cd-rom, floppy disc, memory card, download package or any other data carriers, and all contents and contents programs (“Software”).
Please read this EULA carefully. By using all or any portion of the Software you accept all the terms and conditions of this EULA. Breaking the seal of a cd-rom, floppy disc or memory card, and pressing the “I agree” button for a download of any updates, upgrades or supplements is considered use of the Software.
If you do not agree to the terms of this EULA, do not use the Software and promptly return the unused Software, to the place where you obtained them.
1) GRANT OF LICENSE: This EULA grants a license (“License”) that permits you to use the Software, provided the Software is installed on only one computer and one BC database at any time.
This License is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this EULA and the amendments that may accompany them and may be subject to additional payments and conditions. (yearly maintenance fees)
2) COPYRIGHT: Copyright and other intellectual, industrial and/or proprietary rights to the Software, to any copies that you may make are owned by Tinx-IT B.V. and/or its suppliers.
Tinx-IT B.V. permits you to use the Software only in accordance with the terms of this EULA. All rights not specifically granted in this EULA are reserved by Tinx-IT B.V. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided you keep the original solely for backup or archival purposes.
You may not copy the product manual(s) or written materials accompanying the Software, except for own use. You only become the owner of the material data carrier and you do not acquire ownership of the Software.
3) OTHER RESTRICTIONS: Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Software is prohibited. Other than as permitted by applicable legislation, you will not, and you will not allow any person to, modify the Software or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Software, or to make products derived from it.
4) CONFIDENTIALITY: You acknowledge and agree that the Software was developed at considerable time and expense by Tinx-IT B.V. and is confidential to and a trade secret of Tinx-IT B.V. and/or third parties. You agree to maintain the Software in strict confidence and not to disclose or provide access thereto to any person.
5) THIRD PARTY SOFTWARE LICENSES: Tinx-IT B.V. products may make use of third party software. Notwithstanding clauses 2, 3 and 4, use of some third party materials included in the Software may be subject to other terms and conditions.
6) LIMITED WARRANTY:
- a) Tinx-IT B.V. does not and cannot warrant that the Software operate error-free.
- b) if any, and to the maximum extent permitted by applicable law, Tinx-IT B.V. and its suppliers provide the Software “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Software and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or noninfringement with regard to the Software. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
- c) Notwithstanding the Warranty Period described in the Limited Warranty, if applicable, should you breach any term(s) of this EULA the Warranty Period will end on the date of such breach.
7) LIMITATION OF LIABILITY:
- a) Neither Tinx-IT B.V. nor its suppliers shall be liable to you or to any third party for any damages either direct,indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Software even if Tinx-IT B.V. has been advised of the possibility of such damages.
- b) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Tinx-IT B.V. and any of its suppliers arising from or related to this EULA shall be limited to the amount actually paid by you for the Software
- c) Tinx-IT B.V. shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
- d) Notwithstanding clauses 7(a), (b), and (c), or anything else contained in this EULA, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.
Without prejudice to any other rights, Tinx-IT B.V. may immediately terminate this EULA if you fail to comply with any of its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts. The provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after termination of this EULA. Tinx-IT B.V. reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software.
9) LINKS TO THIRD PARTY SITES: Tinx-IT B.V. is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Tinx-IT B.V. is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Tinx-IT B.V. of the thirdparty site or service.
10) THIRD PARTY RIGHTS: A party which is not a party to this EULA has no rights under applicable legislation in relation to the rights of third parties to rely upon or enforce any term of this EULA but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
11) ENTIRE AGREEMENT: This EULA (including any addendum or amendment to it which is included with the accompanying package of the Software, plus the Limited Warranty, if applicable, and any other terms and conditions, if applicable, is the entire agreement between you and Tinx-IT B.V. relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent that the terms of any Tinx-IT B.V. policies or programs for support services (other than the Limited Warranty) conflict with the terms of this EULA, the terms of this EULA shall govern. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
12) TRANSLATIONS: The English version of this EULA is the controlling version. Any translations are provided for convenience only.
13) GOVERNING LAW: This EULA and any disputes related to this EULA or to the use of the Software or otherwise are subject to Dutch law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this EULA. All disputes arising out of this EULA shall be settled by the courts of Amsterdam (The Netherlands), which will have exclusive jurisdiction in respect of any such disputes.