L I C E N S E A G R E E M E N T
This document constitutes an agreement between you, the end user, and KeeminK Design b.v.. KeeminK Design b.v. does not transfer any rights to you. On the contrary, this agreement merely grants you the right to use Tradium software. KeeminK Design b.v. retains ownership of all computer software.
TRADIUM SOFTWARE LICENCE
1. GRANT OF LICENCE. Upon payment of the licence fee, which forms part of the price you have paid for this product, and subject to your agreement to be bound by the terms of this licence agreement, the limitation of liability, and the limited warranty, KeeminK Design b.v., as licensor, grants you, the licensee, the non-exclusive right to use the KeeminK Design b.v. software programme Tradium Business Software (ERP) (hereinafter referred to as the SOFTWARE) on a computer (i.e. with a CVE) at a single location; provided that you comply with the terms of this agreement. Where the computer on which the SOFTWARE is installed can be used by several persons, this licence agreement applies to all users of that computer, without the need to pay any further licence fee.
2. OWNERSHIP OF THE SOFTWARE. You, the licensee, are the owner of the medium on which the SOFTWARE is recorded. However, it is expressly agreed that the SOFTWARE itself, recorded on the original diskette or copies thereof, regardless of the method of recording, remains the property of KeeminK Design b.v. This licence does not constitute a sale of the SOFTWARE or any reproduction thereof.
3. RESTRICTIONS ON REPRODUCTION. This SOFTWARE and the accompanying documentation are protected by copyright. It is prohibited to reproduce (any part of) the SOFTWARE or the documentation without the written consent of KeeminK Design b.v. If you fail to comply with this agreement, you shall remain fully liable for any copyright infringement arising therefrom. Subject to the foregoing, and provided that the SOFTWARE is not protected against copying, you are permitted to make one copy of the SOFTWARE solely for backup purposes. You are obliged to include the copyright notice on the backup copy.
4. RESTRICTIONS ON USE. As the licensee, you are permitted to transfer the SOFTWARE from one computer to another, provided that the SOFTWARE is used on only one computer at a time. You are not permitted to transfer the SOFTWARE electronically from one computer to another. You are not permitted to distribute copies of the SOFTWARE or the documentation to others. You are not permitted to modify, adapt, translate, reproduce, analyse, disassemble or create works based on the SOFTWARE. It is prohibited to modify, adapt or translate the documentation, or to create works derived from it, without the written consent of KeeminK Design b.v..
5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed solely to you as the licensee. The right to use the
SOFTWARE may not be transferred to any other person without the written consent of KeeminK Design b.v.. If such consent is granted, the transferee shall also be bound by the provisions of the licence agreement, the limitation of liability and the limited warranty. Under no circumstances is it permitted to transfer, let, hire-purchase, sell or otherwise dispose of the SOFTWARE, either temporarily or permanently, unless this agreement explicitly provides for such a possibility.
6. TERMINATION. This licence agreement shall remain in force until it is terminated. The licence agreement shall terminate automatically without notice from KeeminK Design b.v. if the licensee fails to comply with (any part of) this agreement. Upon termination of this agreement, the licensee is obliged to destroy the documentation and all copies of the SOFTWARE, including any modified copies. As a general rule, KeeminK Design b.v. will take legal action following the termination of the licence to claim compensation.
7. UPDATES. KeeminK Design b.v. may, from time to time, produce improved versions (“updates”) of the SOFTWARE. KeeminK
Design b.v. reserves the right to make such updates available to its licencees and legal successors who have paid the update fee. The provisions of this agreement apply to the provision of such updates. Where this agreement refers to the SOFTWARE, this term also includes any update provided.
8. WARRANTY PROVISIONS. KeeminK Design b.v. provides a 90-day warranty on the data storage medium(s) containing the SOFTWARE. KeeminK Design b.v. does not guarantee the correct operation of the SOFTWARE. Any errors, insofar as they render the computer programme inoperable, shall, as far as possible and at the discretion of KeeminK Design b.v., be rectified. KeeminK Design b.v. gives no warranty regarding the use or the results of the use of the SOFTWARE or the documentation in terms of correctness, accuracy, reliability, suitability, etc. The licensee accepts the entire risk associated with the results and application of the SOFTWARE. KeeminK Design b.v. makes no other express or implied warranty, including any warranty as to fitness for a particular purpose, other than as set out above. Any information or advice, whether verbal or written, provided by KeeminK Design b.v. or its dealers, shall not be construed as an (additional) warranty, and you should not rely on it. KeeminK Design b.v. or any other parties who are or have been involved in the development, production or delivery of this product shall not be liable for any direct or indirect, incidental or consequential damages (including, but not limited to, loss of profit, business interruption, loss of data, etc.) arising from the use of, or the inability to use, this product, even if KeeminK Design b.v. was aware of the possibility thereof.
9. TERMS OF USE FOR PRODUCT DETAILS. All product details, including all photographs, illustrations, line drawings and other digitised information, are the copyright of their respective owners. It is not permitted to distribute (copies of) this data to others. It is not permitted to modify, adapt, translate, reproduce, analyse, dismantle, disassemble the product data, or to create works based on the product data. The use of the product data is limited solely to consulting the product data in accordance with this licence agreement. Furthermore, the same restrictions and warranty provisions set out in this licence agreement apply to the product data as to the SOFTWARE.
By installing the software or using the Web Portal, the licensee acknowledges that they have read and understood this licence agreement (including the limitation of liability and limited warranty) and agrees to be bound by its terms. The licensee declares that this agreement constitutes the entire agreement between the parties and that it supersedes all other agreements between the parties relating to this product or this agreement.
TradiumTech.nl is voor de technische ondersteuning van Tradium Business Software, kijk op www.tradium.nl voor meer informatie.