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Configit License Agreement

A. General License conditions:

  1. In order to lawfully use the Software, a license key (the “License Key”) for the product is required. The Software is owned and copyrighted by Configit.

  2. Permitted Use of the Software: Configit grants the User a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to use the Software and documentation as on the System (the “Licence”). “Use” means storing, loading, installing, executing or displaying the Software.

  3. You are aware that any use of the Software is at your own risk. Further, you are aware that Configit is not obligated to provide support on the Software unless you have subscribed for support services.

  4. The User may:

    1. Use the Software to the extent determined by the License Key and not for any other commercial, industrial or any other purpose;
    2. not make backup copies of the Software and the parties agree that there are no circumstances where it should be necessary for the User to have backup copies of the Software during the Trial Period;
    3. not modify, reverse engineer or decompile the Software (except as permitted under law); or
    4. remove or alter any copyright or similar notices on the Software.

  5. The User acknowledges that all Intellectual Property Rights in the Software (including improvements or modifications made during the Trial Period) belong to Configit and the User shall have no rights in or to the Software other than the right to use it in accordance with the terms of this Agreement. The disclosure of the Software by the Configit to the User does not give any Intellectual Property Rights in respect of the Software beyond the rights expressly set out in this Agreement.

  6. Nothing in this Agreement shall be construed to grant Licensee any right or license to the Software source code.

  7. You are aware that any use of the Software is at your own risk. Further, you are aware that Configit is not obligated to provide support on the Software unless you have subscribed for support services.

  8. Copying, Transferring or Modifying Software: You may make copies of the Software for backup and archival purposes. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system. The Software and Documentation contain copyrighted material, trade secrets, patented software and other proprietary intellectual property of Configit.

  9. You may not decrypt the License Key.

  10. You shall not assign or transfer all or any part of its rights under this Agreement without the prior written consent of Configit.

  11. Warranties and Liabilities: Configit grants to you that the Software does not violate any contract or agreement Configit has with a third party. Configit expressly disclaims all other warranties with regard to the Software or to other obligations under this agreement, including all implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality and performance of the Software and the Documentation is with you. Should the Software or the Documentation prove defective, you assume the entire cost of all necessary servicing or error correction. This disclaimer of warranty constitutes an essential term of the Agreement. Some jurisdictions do not allow the exclusion of implied warranties so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

  12. Configit does not warrant that the functions contained in the Software will meet your requirements or operate in the combinations that you select for use, that the operation of the Software will be uninterrupted or error free or that the defect in the Software will be corrected. No oral or written statement by Configit or by a representative of Configit shall create a warranty or increase the scope of this disclaimer of warranty.

  13. Each of the parties acknowledges and agrees that it shall have no remedies in respect of any statement, representation, warranty, assurance or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

  14. In no event will Configit be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if Configit has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may have other legal rights that vary by jurisdiction.

  15. A failure by the Configit to exercise, or delay by the Configit in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If the Configit waives a breach of any provision of this Agreement, this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

  16. Terms of the License Agreement: This Agreement and license are effective from the time you accept the terms of this Agreement (the “Effective Date”) until this Agreement is terminated. This Agreement may be terminated by you at any time by destroying all copies of the Software. In addition, this Agreement and the licenses granted to you will terminate immediately and without further notice if you fail to comply with any of the provisions in this Agreement. All obligations of confidentiality and restrictions on use will survive termination of this Agreement. Upon termination, you agree to destroy all copies of the Software.

B. Miscellaneous:

  1. This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

  2. Any expiration or termination of this Agreement shall not affect the continuing obligations of the parties described in “Permitted Use of the Software”, “Copying, Transferring or Modifying Software”, and “Warranties and Liabilities”.

  3. If you have any questions concerning this Agreement, you may write to: Configit, Midtermolen 3, DK-2100 Copenhagen O, Denmark or send your question by email to support@configit.com

  4. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions herein.

  5. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation in violation of any laws and regulations which may from time to time be applicable in the country you operate.

  6. This Agreement will be governed by and construed in accordance with the laws of Denmark. All disputes and/or differences arising out of or in connection with or relating to this licence agreement shall be submitted to the jurisdiction of the competent court in København (Copenhagen), Denmark. The parties hereby explicitly renounce any right to submit any such dispute to another court of law.

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