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RUE DE NET END-USER LICENSE AGREEMENT AND TERMS OF USE FOR SOFTWARE AS A SERVICE


Version 2020.08.01

IMPORTANT – READ CAREFULLY BEFORE USING THIS SOFTWARE

This License Agreement ("License Agreement") for the software developed and owned by Rue de Net and you are downloading, installing or purchasing ("Product") is a legal agreement between you (either an individual or an entity) and Rue de Net and its suppliers and licensors (collectively "Rue de Net"). The Product may include any of the Rue de Net products including any combination of such products and Beta versions of the products and Software as a Service (collectively, "Rue de Net Products"). By accepting the following terms and conditions, installing, copying or otherwise using the Product, you agree to be bound by the terms of this License Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT YOU SHOULD NOT ACCEPT THESE TERMS AND CONDITIONS AND/OR NOT INSTALL THE PRODUCT. YOU AGREE THAT YOUR USE OF THE PRODUCT ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. ANY THIRD-PARTY SOFTWARE, INCLUDING ANY THIRD-PARTY'S PLUG-IN, THAT MAY BE PROVIDED WITH THE PRODUCT IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH MAY BE INSTALLED IN THE APPROPRIATE RUE DE NET PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE PRODUCT. RUE DE NET IS NOT RESPONSIBLE FOR ANY THIRD-PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD-PARTY SOFTWARE.

By clicking the "I accept" button or otherwise accepting these terms, you agree to follow and be bound by these terms. By installing, having installed, or using the Product and service, you accept these terms. If you do not accept them, do not install, have installed or use the product. If you comply with these terms, you have the rights below. If an individual enters into this agreement on behalf of a company or other legal entity, that individual represents that he or she has the authority to bind that entity to this agreement.

If the Product is sold to you as a Service on a fixed-term basis. These terms only give you some rights to use the Product for its intended purposes. Rue de Net and its suppliers reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in the Agreement. In doing so you must comply with any technical limitations in the software that only allow you to use it in certain ways. The Agreement does not grant you any rights to copy, modify, decompile or distribute the Product. Ownership and restrictions. You retain all ownership and intellectual property rights in and to your data. Rue de Net retains all ownership and intellectual property rights to the Product and the services.


GRANT OF LICENSE

Rue de Net hereby grants to you a non-exclusive license to use the Product and any related documentation ("Documentation") subject to the following terms: a) You may: (i) use the Product on as many client or server computers as you have purchased licenses for; (ii) use the Product for as many internal and external users as you have purchased licenses for; and (iii) copy the Product for back-up and archival purposes, provided any copy must contain all of the original Product 's proprietary notices. a) You may: (i) use the Product on as many computers as you have purchased licenses for; and (ii) copy the Product for back-up and archival purposes, provided any copy must contain all of the original Product 's proprietary notices. b) The Product may include certain plug-in components ("Plug-Ins"), including DLLs, ActiveX Controls, Java plug-ins and/or other libraries. You may only call to or otherwise use such Plug-Ins through the use of the Rue de Net Products. Any direct use of Plug-Ins through a non-Rue de Net proprietary application, including a custom or user-written application is prohibited by this Agreement. c) Rue de Net may modify this License Agreement with respect to upgrades of the Product, including notice via the communications features described below.


LICENSE RESTRICTIONS

a) You may not: ( i) permit other individuals to use the Product except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Product or Documentation; (iii) copy the Product or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Product or Documentation or (v) remove any proprietary notices or labels on the Product or Documentation. Any such forbidden use shall immediately terminate your license to the Product. If so required by the Product, the use of the Product is intended only for use with a valid Dynamics NAV licensed software. b) You agree that you shall only use the Product and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Product and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. c) You may only use the Product for your own benefit. You may not use the Product in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to work protected by the copyright laws of any jurisdiction. d) If the Product embodies a license file management system required by Rue de Net to control the use of the Product. You may not circumvent or attempt to circumvent this system by any means.


COPIES OF PRODUCT & ENHANCEMENTS

If you receive the first copy of the Product electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancement or update.

BETA RELEASE VERSIONS

In the event that the Product is a beta release version, the terms of this Section shall apply. Your license to use the Product expires 120 days after installation (or such other period as indicated by the Product) and the Product may cease to function. The Product you are receiving may contain more or less features than the commercial release of the Product that Rue de Net intends to distribute. While Rue de Net intends to distribute a commercial release of the Product , Rue de Net reserves the right at any time not to release a commercial release of the Product or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics in the commercial release. You agree that the Beta Release Versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Product from operating after the license expires.

AUTOMATIC COMMUNICATIONS FEATURES

a) The Product may contain interactive communication modules, which perform a variety of communications over the Internet as part of their normal operation. Some of those features may be automatic and be enabled by default (for example, automatic comparison with code on the Rue de Net's servers on the Internet enabling automatic updating of end-user's copy of products). Such automatic communications features do not send any personally identifiable information about you without your consent. Some automatic communications features can be changed by you in configuration files. By installing and/or using the Product, you consent to the Product's communications features. You are responsible for any telecommunications or other connectivity charges incurred through your use of the Product.
b) The Product may automatically communicate with Rue de Net's servers on the Internet to check for updates to the Product, such as bug fixes, patches, enhanced functions, and new versions. Rue de Net will notify you when updates are available. If you decide to update, you agree that Rue de Net may download updates and install them as part of your Product. All such updates to the Product are governed by this License Agreement unless other license terms are provided with the update. Although Rue de Net uses encryption technology to provide security for the auto-update process, Rue de Net is not responsible for the failure of such security measures.
c) The Product may automatically and anonymously communicate with Rue de Net’s servers on the Internet when you install or uninstall it. During these automatic communications, Rue de Net does not send or receive any personally identifiable information about you without your consent. These anonymous communications allow Rue de Net to count the number of its Product users, to provide advertising services, and otherwise to provide a useful product and service and to plan for future enhancements and services.

TITLE

Title, ownership, rights, and intellectual property rights in and to the Product and Documentation shall remain with Rue de Net and/or its suppliers. The Product is protected by international copyright laws and treaties. This license gives you no rights to the Product.

WARRANTIES & LIABILITIES

(a) Rue de Net does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. If you acquired your copy of the Product on physical media (e.g., CD, diskette, etc.) Rue de Net warrants that the media containing the Product, if provided by Rue de Net, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquire the Product.

NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUE DE NET AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCT, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE.

If any modifications are made to the Product by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this License Agreement, this warranty shall immediately terminate. This warranty shall not apply if the Product is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Product was designed to be used as described in the Documentation.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

Customer Remedies: Rue de Net's sole liability for a breach of this warranty shall be in Rue de Net's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Product as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impractical, to refund the license fee, if any, you paid for the Product. Repaired, corrected or replaced Product and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Product or if longer for thirty (30) days after the date Rue de Net either shipped to you the repaired or replaced Product or advised you as to how to operate the Product so as to achieve the functionality described in the Documentation, whichever is applicable. Only if you inform Rue de Net of the problem with the Product during the applicable warranty period and provide evidence of the date you acquired the Product will Rue de Net be obligated to honour this warranty.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL RUE DE NET OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF RUE DE NET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL RUE DE NET'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO RUE DE NET FOR THE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) For the Basic, trial, and Beta versions of the Product, the following terms apply:
DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE PRODUCT AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUE DE NET FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUE DE NET OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF RUE DE NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RUE DE NET'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


ENTIRE AGREEMENT / SEVERANCE OF TERMS

This License Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Rue de Net or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. In the event that any of the terms are held to be invalid, the remainder of the terms shall continue in full force and effect. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and an authorized representative of Rue de Net. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

NO ASSIGNMENT

This Agreement is personal to you and may not be assigned without Rue de Net's express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If Rue de Net does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, Rue de Net may terminate this Agreement on thirty (30) days' written notice. Both parties shall perform under this Agreement until such termination is effective.

TERMINATION

This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from Rue de Net to affect such termination. You may also terminate this License Agreement at any time by notifying Rue de Net in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Product and shall within three (3) days return to Rue de Net, or certify destruction of, all full or partial copies of the Product, documentation and related materials provided by Rue de Net. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

FORCE MAJEURE

Neither you nor Rue de Net shall be liable in any way for failure in performing our obligations under this agreement if the failure is due to causes outside the reasonable control of the party in default.


GOVERNING LAW AND JURISDICTION

The validity, construction and performance of this License Agreement shall be governed by Icelandic law, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state lawful courts sitting in Reykjavik, Iceland. Any and all unresolved disputes relating in any way to, or arising out of, the Product, your use of the Product or this License Agreement shall be submitted to the exclusive jurisdiction of the Iceland courts, except that a party may seek an interim injunction in any court of competent jurisdiction; except that, to the extent that you have breached or have indicated your intention to breach this License Agreement in any manner which violates or may violate Rue de Net's intellectual property rights, or may cause continuing or irreparable harm to Rue de Net (including, but not limited to, any breach that may impact Rue de Net's intellectual property rights, or a breach by reverse engineering), Rue de Net may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

PRICES

Prices of all products include VAT.

DELIVERY AND REFUND

A link will be delivered to you after purchase to download the software. The software is nonrefundable!

UNDERSTOOD, AGREED & APPROVED

We have carefully reviewed this contract and agree to and accept all of its terms and conditions. By selecting the "I accept" button or signing this agreement you accept all of its terms and conditions. If downloading or installing, we are executing this License Agreement on the day of downloading or installing.