License agreement

PLEASE READ CAREFULLY BEFORE USING

The System Scan AIX software is a proprietary product of BlueFinch BV  “The owner” and is protected by this Agreement, copyright laws and international treaties.  This is a legal agreement (“the Agreement”) between you, the user, and THE OWNER. Clicking on the license agreement acceptance button (if you are using System Scan AIX), opening the package (if you have acquired a copy of System Scan AIX on physical media), or loading or using System Scan AIX on your system indicates your acceptance of the terms of this Agreement.  If you do not agree with the terms of this Agreement, you should immediately notify THE OWNER, remove all copies from your system, including backups, and refrain from any (future) use of System Scan AIX.

  1. THE OWNER grants you the non-exclusive, non-transferable to third parties and non-sublicensable right to use System Scan AIX on your computer system(s) until termination by either one of the parties.  Furthermore, if you have a trial or beta-version of System Scan AIX, your licence is limited to use only during the agreed trial period, and purely for evaluation purposes. This license is limited for the use on an individual server or an entire site.
  2. You may not alter, modify, decompile, disassemble or reverse engineer System Scan AIX, or otherwise attempt to reproduce the source code thereof.
  3. You acknowledge that System Scan AIX is provided pursuant to a license and all title and ownership to System Scan AIX shall remain with THE OWNER or their appointed licensees.
  4. You may use System Scan AIX only within and on behalf of your own company or organisation and only for the intended use. Furthermore you are expressly forbidden to use System Scan AIX on behalf of third parties, unless you have purchased a license(s) to System Scan AIX, and a special licensing arrangement with THE OWNER is already in-place.
  5. You may not redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to System Scan AIX to a third-party. You may also not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels, without THE OWNER prior written consent.
  6. You are free to keep any system reports, or data extracted from them, after the “the Agreement” has expired.
  7. If this software is provided as part of an open-beta we simply request that you provide us with any feedback, and suggestions for improvement.

TERM
This license is effective until terminated by either party.  You may terminate it at any time by destroying System Scan AIX together with all copies (including backups).  This agreement can also be terminated upon conditions set forth elsewhere in this Agreement, or by OWNER if you fail to comply with any of its term or conditions. OWNER is also entitled to terminate this Agreement by notifying you with due observance of a notice period of three months. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor’s proprietary rights shall remain in force even after termination.

LIMITED WARRANTY
YOU HEREBY ACKNOWLEDGE AND AGREE THAT System Scan AIX IS PROVIDED BY THE OWNER ON AN “AS IS” BASIS, AND YOUR ACCESS TO AND/OR USE OF System Scan AIX IS AT YOUR SOLE RISK. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE OWNER MAKE NO WARRANTY THAT System Scan AIX WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF System Scan AIX WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES THE OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF System Scan AIX OR THAT ANY DEFECTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT THE USE OF System Scan AIX IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR LOSS OF DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH System Scan AIX SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT DE LIABILITY OF OWNER due to an attributable failure to perform this agreement or due to any other reason, explicitly including any failure to comply with a guarantee obligation agreed with YOU, shall be limited to compensation of the direct damage or loss not exceeding the sum stipulated for this agreement (excl. VAT).

The liability of the OWNER for indirect damage or loss, resulting loss, loss of profit, loss of savings, reduced goodwill AND loss due to business interruption shall be excluded. The liability of the Supplier due to the scrambling, destruction or loss of data or documents shall also be excluded.

THE OWNER WILL ALSO NOT BE LIABLE FOR ANY DAMAGES ARISING FROM FRAUDULENT USE OF THE PRODUCT, OR REPORTS.

The liability of the OWNER for loss as a result of death, physical injury or due to material damage to items shall under no circumstances exceed €1,250,000 (one million two hundred and fifty thousand euro).

CONFIDENTIALITY

You acknowledge that System Scan AIX is of a confidential nature and that this contains trade secrets of the OWNER, its own suppliers and/or the software manufacturer.

GENERAL
If any provision of this Agreement is null and void or is voided, the other provisions of this Agreement will remain fully in effect.. This Agreement shall be governed by Dutch law. The applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded.. Any disputes that may arise between the parties on the basis of this agreement or as a result of further agreements that arise from this agreement, shall be settled through arbitration in accordance with the Arbitration Regulations of the Foundation for the Settlement of Automation Disputes, with its registered office in The Hague, without prejudice to the right of either of the parties to request an injunction in summary arbitral proceedings and without prejudice to the right of either of the parties to take precautionary legal measures (see www.sgoa.org).

ACCEPTANCE
Once the user either clicks on the “I ACCEPT” button, or installs the software they are deemed to have accepted, acknowledged, and agreed to be bound by all the terms of this agreement.

BlueFinch BV, Seringenstraat 34A, 1431 BJ Aalsmeer, Noord Holland, THE NETHERLANDS

KvK Den Haag 52644855
Tel: +31 (0)88 258 33 46
Fax: +31 (0)88 258 33 29