END-USER LICENSE AGREEMENT FOR DERISCOPE
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION
By purchasing a License Activation Code and/or installing and using the Deriscope App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Activation Code and/or install and use the Deriscope App.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
1.1 In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Confidential Information” any and all information that Deriscope discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, or relates to shareholders, whether commercial, technical, financial, customer, supplier, product or production related;
- “Documentation” the detailed information about the Deriscope App, its features and the system requirements as made available on the www.deriscope.com website, as amended from time to time;
- “Deriscope License” the license for the Deriscope App for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license to Use the Deriscope App;
- “License Activation Code” a unique code provided by Deriscope, which enables You to activate and to subsequently use the Deriscope App;
- “Deriscope” the sole proprietor Ioannis Rigopoulos, owner of the Deriscope App with address: Claviusstrasse 20, Bamberg 96047, Germany;
- “Deriscope App” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Deriscope, including any Updates;
- “Updates” any modified versions and updates of, and additions to the Deriscope App;
- “Use” the access, download, install, copy or get benefit from using the Deriscope App in accordance with the documentation;
- “You” you, the final and ultimate user of the Deriscope App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Deriscope App, and the company or other legal entity that will be the final and ultimate user of the Deriscope App, if applicable.
2.1 This EULA applies to any licenses granted to You by Deriscope for the use of the Deriscope App.
2.2 By purchasing a License Activation Code for the Deriscope App and/or installing and using the Deriscope App, You enter into this EULA with Deriscope.
2.3 You acknowledge that this EULA may be modified from time to time without prior notice to You. Such modifications will be effective upon posting on https://www.deriscope.com/eula.html.
3.1 Deriscope grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the Deriscope App in accordance with this EULA. Deriscope reserves all rights not expressly granted to You.
3.2 Deriscope is and remains the owner of any intellectual property rights with respect to the Deriscope App. You shall not acquire any ownership to the Deriscope App as result of Your purchase of the License Activation Code or Your Use of the Deriscope App.
3.3 The Deriscope App can be licensed to You as (i) a perpetual license or (ii) a subscription license that You retain the right to renew monthly or annually at the same fixed price in USD or (iii) a time limited license for a period of one month or one year.
- 3.3.1 A perpetual license gives You a right to use the licensed version of the Deriscope App perpetually.
- 3.3.2 A subscription license gives You a right to use the Deriscope App (the current or at any time the latest version) one (1) month or one (1) year from the date of purchase. If the subscription license is not renewed, You no longer have any right to use the Deriscope App.
- 3.3.3 A subscription license is automatically renewed, unless You have cancelled the license or informed Deriscope with a written notice before the end of the subscription period (month or year).
4. Permitted use and restrictions
4.1 In order to be able to install the Deriscope App and activate and validate the Deriscope License, Your computer must have access to the Internet and run a validly licensed copy of the windows operating system and Excel for which the Deriscope App was designed.
4.2 At any given time, you shall Use the Deriscope App on one computer only, unless You have purchased a volume license. In the event You have purchased a volume license, the number of computers You may Use the Deriscope App on at any given time shall not exceed the number of seats specified in your Deriscope License. If You exceed the limit, Deriscope may block the License Activation Code in accordance with clause 9.3 of this EULA.
4.3 You shall Use the Deriscope App in accordance with applicable laws and shall not:
- 4.3.1 rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Activation Code;
- 4.3.2 assign the License Activation Code or the Deriscope License without prior written approval of Deriscope;
- 4.3.3 Use the Deriscope App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- 4.3.4 delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Deriscope App;
- 4.3.5 copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Deriscope App and the License Activation Code or any parts thereof, except to the extent permitted by applicable law; or
- 4.3.6 disclose Confidential Information unless if this is required by law or authoritative order.
4.4 Deriscope may modify the Deriscope App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates.
5. Maintenance and support
5.1 All available Updates will be published at www.deriscope.com/versionhistory.html and You will be notified through the Deriscope App's Excel interface.
5.2 You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the Deriscope License for the Deriscope App. In order to receive Updates after this twelve months’ period, You will need to either renew your Deriscope License or enter into a subscription arrangement with Deriscope.
5.3 You may need to pay an additional fee in order to be able to install an Update.
5.4 You can download available Updates from the website of Deriscope.
5.5 Any maintenance and support provided by Deriscope, including the provision of Updates, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
5.6 The terms of this EULA will govern any Updates.
6. Use of data
6.1 Deriscope may process personal data with respect to You, if and to the extent necessary to provide the License Activation Code, to provide maintenance and support to You with respect to the Deriscope App and to comply with its obligations under this EULA. To the extent Deriscope will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement at www.deriscope.com/privacypolicy.html for more details on the processing of Your personal data that Deriscope has collected and received through its website.
7.1 You Use the Deriscope App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
7.2 The Deriscope App and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Deriscope specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Deriscope, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
8. Liability limitation
8.1 The liability of Deriscope and any third party that has been involved in the creation, production, or delivery of the Deriscope App for all damages arising out of or in any way relating to the Deriscope License, the License Activation Code, the Deriscope App and/or this EULA shall in no event exceed the total amount(s) paid by You to Deriscope in the preceding 12 (twelve) months.
8.2 Deriscope and any third party that has been involved in the creation, production, or delivery of the Deriscope App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Deriscope App).
8.3 The limitations of liability referred to in clause 8.1 and 8.2 shall not apply in the event that: (i) any negligence on the part of Deriscope leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Deriscope or the management of Deriscope.
9.1 This EULA will continue to be in force until the expiry or termination of the Deriscope License.
9.2 The Deriscope License will terminate automatically at the end of the applicable license term, unless renewed prior to the end of such term.
9.3 You may termimate the Deriscope License at any time with the refund policy as stated at www.deriscope.com/refundpolicy.html.
9.4 Deriscope is entitled to terminate the Deriscope License by blocking the License Activation Code during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Activation Code within the applicable payment term, or in the event Deriscope is required to do so by law or an order of an applicable court. Deriscope may also terminate the Deriscope License in order to effect your request for a pro-rated credit of fees paid for the Deriscope License in order for and so as to allow You to upgrade into a subscription arrangement with Deriscope.
9.5 Upon termination of the Deriscope License, You shall cease all use of the Deriscope App.
9.6 You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
10. Governing law and disputes
10.1 This EULA shall be governed by and construed in accordance with the laws of the United States, excluding its conflicts of law rules.
10.2 Any dispute between Deriscope and You shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.