Software means all software programs distributed, published or otherwise made available by Piceasoft or its affiliates including, but not limited to downloadable/installable software for computers, and software or services accessed by means of a browser or other online communication method.
Shall mean the company, which licenses Software from Piceasoft, also called as Licensee.
Shall mean Piceasoft and/or Company.
Software is rendered by Piceasoft Ltd. and its affiliated Companies. Piceasoft Ltd. is registered in Finland and mailing address is Polttimonkatu 3, 33210 Tampere, Finland. Piceasoft Ltd. business id number is: FI24991064. Piceasoft Ltd. has sole right to transfer the software and any rights herein to another company.
4. The Service and content
Trade name of the Software listed in the End User License Agreement (EULA) may differ on different markets and there may be local translations of the product names.
5. Other Terms
Use of Software
Software and accompanying documentation are fully titled and copyrighted work of Piceasoft Ltd.
Piceasoft warrants that during a period of ninety (90) days from the date on which the Software was received by the Company from Piceasoft, the Software shall, in its unaltered form, operate substantially in accordance with the functional specifications given in documentation released by Piceasoft, provided the Software is used in a manner consistent with any applicable environmental specifications. Piceasoft does not warrant the fitness of the results achieved by the Software. Piceasoft’s sole responsibility under this warranty is to start without delay reasonable efforts to correct such significant errors (or to provide a detour) as are reported by the Company to Piceasoft during the warranty period.
Piceasoft does not warrant that all Software defects will be corrected, nor is it warranted that the functions contained in the Software will meet the Company’s requirements and/or that the Software will operate uninterrupted and/or error- and/or bug-free and/or in all combinations selected for use by the Company.
Piceasoft’s liability for the errors in the Software shall be limited to the fulfilment of the warranty obligations under this Section.
Except for the warranties expressly stated above, and/or as required by mandatory rules of applicable law, the Software contained therein, is licensed “as is”. Piceasoft disclaims any and all other warranties, whether express and/or implied, by operation of law and/or otherwise, including, including but not limited to, any implied warranties of merchantability and/or fitness for a particular purpose
Limitation of Liability
Neither party shall be liable to each other in contract, tort and/or otherwise, whatever the cause thereof, for any loss of revenue and/or of profit, business and/or goodwill and/or any indirect, special, consequential, incidental and/or punitive cost, damages and/or expense of any kind (including loss of data), howsoever arising under and/or in connection with this agreement, except in cases of gross negligence or wilful misconduct.
The entire liability of Piceasoft under any provision of this agreement and the Company’s exclusive remedy shall be limited to the greater amount actually paid by the Company for the Software or ten thousand (10.000) euros (EUR). The limitations, exclusions, and disclaimers stated in this agreement will apply to the maximum extent permitted by applicable law, even if any above-stated remedy fails in its essential purpose.
Software and Piceasoft logos are registered in Finland, and registrations are pending in other countries. Piceasoft’s trademarks, as described in Piceasoft Branding Guidelines at http://piceasoft.com/branding, may not be used in connection with any product or service that is not Piceasoft’s, in any manner that is likely to cause confusion among end-users, or in any manner that disparages or discredits the Company.
All content and compilation of content on Piceasoft web pages and servers, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, is the property of the Piceasoft Ltd. and is protected by Finnish and international copyright laws.
Update of the Terms
These terms may be drafted in different languages. English version shall always be the official version and in case of conflict between English and other language, the English version will always prevail.
Product Pricing and payment terms:
Payment terms: 30 days net, interest 8% per annum
The prices are exclusive of value-added or other taxes, including any withholding taxes on royalties paid, which may be assessed or levied by any government or any taxing body, against any of the Software.
Piceasoft shall be entitled at its sole discretion and from time to time, to change its price list, remove products from the pricelist or add additional products with additional pricing. Changes in the price list shall take effect within 30 days from the date of notification to Partner.
Neither Party shall be responsible for Force Majeure or claim damage or any other compensation from the other Party for delays or nonperformance caused by Force Majeure.
If either Party suffers delay in the execution of its contractual obligations due to Force Majeure, the Party shall as soon as possible give the other Party notice in writing of the cause of delay. Such Party shall, however, perform said contractual obligations as promptly as reasonably practicable after removal of the cause and/or its effects.
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