END USER LICENSE AGREEMENT FOR THE USE OF IDEATICS
IdeAtics Europe B.V., is the owner and operator of the SmartiX mobile application (the “App”) and the connected computer infrastructure (this infrastructure and the App are collectively referred to as the “Platform”), and a provider of services, products and/or software in connection with the Platform (the “Services”). We provide a Platform, that offers business solutions to our clients based on Near Field Communication (NFC) technology, through which our clients can communicate with their respective clients (You).
We provide an environment for our clients and you to use the benefits of NFC technology. This means that in addition to this Agreement, you, the User, will have other contractual relationships with different (legal) entities or persons when you interact or use the Platform.
THIS EULA IS PART OF THE LEGAL AGREEMENT BETWEEN YOU AND IDEATICS.
BY USING AND/OR ACCESSING THE SERVICE OR THE PLATFORM YOU AGREE TO THIS EULA.
About the EULA
By downloading, using and/or accessing the software (including but not limited to any intellectual property rights, such as but not limited to copyrights, neighbouring rights, rights in designs, text, fonts, icons, GUI, trade marks, logo’s, trade names, software, source codes, object codes, domain names, service marks or other distinctive brand features) provided to you by IdeAtics as part of the Services and the Platform (‘Software’) you agree to this EULA. The EULA also applies to any new versions, updates, bug fixes, supplements, alterations and support for the Software.
Proprietary rights and granting of license
You acknowledge and agree that IdeAtics (or its licensors) owns all legal right, title and interest in and to the Software, including any intellectual property rights (such as but not limited to copyrights, neighbouring rights, rights in designs, text, fonts, icons, GUI, trademarks, logos, trade names, software, source codes, object codes, domain names, service marks or other distinctive brand features) which subsist in the Service and the Platform (whether those rights are registered or not, and wherever in the world those rights may exist).
The Agreement does not constitute any transfer or assignment of rights. Nothing in the Agreement gives you any right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features for any use whatsoever, unless expressly provided otherwise in the Agreement.
We hereby grant you a personal, royalty-free, worldwide, non-assignable, non-transferable, non-sub licensable, revocable and non-exclusive license to use the Software (the ‘License’), subject to the terms of the Agreement. You may not modify, copy, create derivative works of, reverse engineer, decompile or otherwise attempt to extract the source code or object code of the Software or any part thereof, or have others do so unless this is expressly permitted or required by law. 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.
Any commercial use (including but not limited to granting licenses to others, have other pay you for their use) is prohibited.
We reserve the right to terminate or revoke the License at any given moment and without prior notice, notwithstanding any rights we have according to the Agreement. If the termination is not due to any breach of the Agreement on your part, and you have made any payment to us, you shall be pro rata reimbursed. When we terminate or revoke the License, you are no longer authorised to use the Software.
We may provide new versions, updates, bug fixes, supplements, alterations and support for the Software. These are designed to improve, enhance and further develop the Software.
Your use of the Software:
You agree to use the Software only for purposes that are permitted by the Agreement and by any other agreement with our clients, applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You acknowledge and agree that you will not engage in any activity that interferes with or disrupts the Software (or the servers and networks which are connected to the Software).
Exclusion of warranties
Nothing in the EULA shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from gross negligence or willful misconduct by us.
We do not make any representations or warranties, whether express, implied, statutory or otherwise with respect to the availability, fitness for purpose and operating condition of the Software. The Software is provided ‘as is’ and ‘as available’. We do not make any warranties and representations on quality, fitness for a particular purpose or non-infringement. We do not represent or warrant that the Software is or will be free of errors and viruses, secure, safe, uninterrupted, available or that errors, bugs, or any faults whatsoever will be corrected.
You agree to and acknowledge that your use of the Software is at your sole risk. In particular, we do not represent or warrant to you that your use of the Software will meet your requirements or is satisfactory to you.
Any material and/or information that you obtain, view or download by using the Software is at your own risk. You are solely responsible for and hereby waive all claims with respect to any damage to your software and hardware, computer, device, internet access, or loss or corruption of data that results or may result from the download of any such material.
Limitation of liability
You expressly understand and agree that we (including our current and future licensees, affiliates, employees, directors, officers, successors and third party partners), to the maximum extent permitted by applicable law, shall not be liable to you for any direct, indirect, consequential, incidental, exemplary, reliance, special or punitive damages, including, without any limitation, damages for loss, loss of profits, loss of goodwill, service interruptions, service unavailability, corruption or breaches of data or programs, and procurement of substitute services, even if we have been advised of the possibility of such damages, and whether or not such is the result (or alleged to be the result) of your use of the Software.
Notwithstanding the foregoing, in the event that we are liable to you, our liability is always limited to the amount we are insured for by our insurance. We will provide you with our insurance policy upon request at info@IdeAtics.com. In the event our liability is not insured, our liability is limited to the amount paid, if any, by you to us for the Service while you have (had) an account.
Any claim or cause of action arising out of or related to use of the Software or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
All notices by us to you may be sent using any reasonable means currently known or hereafter developed (including but not limited to email, regular mail, SMS, MMS, text message or postings in the service).
The Agreement contains the entire agreement between you and us with regard to the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
No partnership, joint venture, agency, or employment relationship is created as a result of this Agreement.
You may not make any representations or bind us in any way.
This Agreement is exclusively governed by Dutch law. Any and all disputes arising out of or in connection with the Agreement shall be solely submitted to the courts of Rotterdam, The Netherlands, unless mandatory applicable law provides otherwise.
About IdeAtics and contact details
IdeAtics EUROPE B.V. is the Dutch private limited liability company, having its statutory seat in Rotterdam, The Netherlands and its office at Nolensstraat 24 B1, 3039 PV, Rotterdam, The Netherlands, registered at the Dutch Chamber of Commerce under no. 64483703.
Questions, requests and inquiries regarding this EULA must be directed at:
IdeAtics Europe B.V.
De Corantijn 63
1689 AN Zwaag