Experian DK – Micromarketer Xpress Central

Rettigheder vedr. Micromarketer Xpress Central

END-USER LICENSE AGREEMENT

NEOZONE LICENSE AGREEMENT

This license agreement ("Agreement") is an agreement between NeoZone A/S, Sankt Peders Stræde 28C, 1453 Copenhagen, Denmark ("NeoZone"), and the individual or entity downloading the NeoZone Software ("Customer"). By pressing the accept button below the Customer accepts the terms and conditions set forth in this Agreement. If Customer cannot accept the terms and conditions set forth in this Agreement, Customer is not entitled to use the NeoZone Software. All references to NeoZone herein encompass not only NeoZone A/S but also to the content providers of NeoZone, including content providers to NeoZone. This Agreement sets forth the terms and conditions applicable to Customer's installation and use ("Access") of the NeoZone Software including without limitation all databases, software, mapping content and/or materials contained within the software and accompanying documentation and/or manuals (the "Product"). This Agreement does not contain licences enabling the Customer to access any data or information and the Customer will be required to accept additional terms and conditions in the form of click licenses with third parties which may entail the payment of additional fees. NeoZone does not accept any liability for any fees which the Customer may incur by accessing data or information using the Product.

1. Customer. The term "Customer" shall include the individual end-users authorized to have Access to the Product. The terms and conditions of this Agreement shall apply to each such authorized end user.

2. Grant. Subject to the restrictions in clauses 6-8 below NeoZone grants to Customer a non-exclusive, non-transferable, personal, limited right of Access to the Product, according to the terms and conditions of this Agreement. Customer is solely responsible for installing and maintaining the equipment and any other software or programming necessary for Access.

3. Term and Termination. Customer is authorized to use the Product only during the term of Customer’s subscription to the Product. NeoZone may terminate this Agreement.

4. Renewal. Customer can renew the subscription for an additional term by downloading the NeoZone Software from the Internet and paying any license fees incurred in connection with such renewal.

5. Copyright. The Product contains proprietary material of NeoZone (and material that other content suppliers have licensed to NeoZone for use together with the Product), which is protected by copyright and other applicable laws including international treaties. NeoZone retains any and all rights in the Product, including without limitation all copyright and other proprietary rights worldwide in all media. Customer may not use the Product except as expressly permitted under this Agreement and under applicable mandatory laws.

6. Use Rights. Each purchased license is valid for one single named user only and allows Customer, or, if Customer is a business entity, a named employee of Customer to Access the Product, view the Product on screen, download the Product to a single computer disk for convenience and later reference, and print a displayed part of a map with a maximum 2400x2400 pixels resolution. If Customer is working from a home computer Customer may download the Product also to Customer's home computer disk for convenience and reference. Customer may make up to 25 copies of any separate print from the screen. Customer may include a small extract in raster format with maximum 800x800 pixels resolution of the content on Customer's home page on the Internet.
The rights granted herein do not include any rights to reproduce in its entirety any portion of the Product or materials contained therein. No part of the Product may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from NeoZone (E-mail: info@neozone.dk). Customer may not remove any copyright notice from the material made available by NeoZone or any content providers of NeoZone. Any use not authorized by the Agreement is strictly prohibited.
Customer acknowledges that the Product (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause NeoZone and its suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Customer agrees that any breach of this Agreement by Customer, or any subscriber or end-user, may be enforced by NeoZone and/or any of its suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
Customer agrees that any supplier of any portion of the licensed materials may enforce its rights against Customer, even though that supplier is not a party to the Agreement.

7. Restrictions. Customer may not and may not permit others to: reproduce, publish, distribute, sell, rent, lease or otherwise access or use any material retrieved from or contained in the Product in any manner whatsoever that may infringe any copyright or proprietary interest of NeoZone and its suppliers; distribute the information contained in the Product to other users not duly authorized to Access the Product; distribute, rent, sublicense, lease, transfer or assign the Product or Agreement; decompile, disassemble, or otherwise reverse-engineer this Product or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
Customer is expressly prohibited from placing or installing any portion of the Product on any wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, Internet sites or any other server that is Internet-enabled, without written authorization by NeoZone.
If Customer breaches any provision of this Agreement, including failure to pay any fees owed (i) under this Agreement whether to NeoZone or any of its distributors or resellers or (ii) for content accessed using the Software whether owed to NeoZone or any distributor, reseller or content provider, NeoZone may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies. NeoZone may also immediately terminate this Agreement without prior notice if any agreement between NeoZone and any content provider is terminated.

8. Other Restrictions. The following additional restrictions shall apply to the separate materials of the content providers:
This provision is currently not required.

9. Limited Warranty. NeoZone warrants that the Product will substantially conform to the published specifications and to accompanying documentation (as may be modified from time to time), provided the Product is used on the computer hardware and with the operating system for which it was designed. NeoZone will use its reasonable endeavors to replace defective media or correct significant software error at no cost to Customer, provided Customer notifies NeoZone of such problems within thirty (30) days of discovering such defect. This is Customer’s sole remedy for breach of warranty.
While NeoZone attempts to include accurate information in the Product, occasional errors or omissions in content may occur. NeoZone will make reasonable efforts to correct these errors or omissions, but can make no representations or warranties regarding the accuracy or correctness of the NeoZone Software . EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE CUSTOMER "AS IS". TO THE EXTENT PERMITTED BY ANY APPLICABLE LAW, NEOZONE AND ITS SUPPLIERS, MAKE NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEOZONE AND ITS AGENTS DO NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT OR THE INFORMATION IT CONTAINS. NEOZONE DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE IN CONTENT. NEOZONE SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY CUSTOMER'S USE OF THE PRODUCT, CUSTOMER'S RELIANCE ON THE INFORMATION CONTAINED IN THE PRODUCT OR NEOZONE'S SUPPORT SERVICES. NEITHER SHALL NEOZONE BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, GOODWILL, REVENUE, BUSINESS OR ANTICIPATED SAVING, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT MAY CUSTOMER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST NEOZONE, ITS SUPPLIERS OR ITS DISTRIBUTORS, MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
IF THE FOREGOING LIMITATIONS ARE HELD TO BE UNENFORCEABLE, NEOZONE’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO CUSTOMER OR ANY OTHER PERSON OR ENTITY SHALL IN ANY EVENT NOT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE PRODUCT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF ANY CLAIM.
Customer agrees to indemnify, defend, and hold NeoZone, its suppliers and distributors harmless from and against any and all claims from third parties arising out of or in any way related to Customer's use of the Product hereunder, or from and against any and all claims, losses, damages and expenses resulting from Customer's use, in breach of any of the terms of the Agreement (including non-payment of any fees due in relation to the Software or content accessed using the Software), of any data or documentation received from NeoZone, regardless of the form of action.

10. Miscellaneous. If any part of any provision of this Agreement shall be illegal, invalid or unenforceable in any respect, then the remainder of such provision and all other provisions of this Agreement shall remain legal, valid and enforceable, and the remaining rights, obligations and liabilities of the parties under this Agreement shall not be affected or impaired.
Customer may not assign any of Customers rights and/or obligations under this Agreement to any third party without NeoZone's prior written consent.
Notwithstanding the foregoing, NeoZone may amend the terms and conditions of this Agreement and Customer may access the most up to date terms and conditions via NeoZone's website at www.neozone.com.
This Agreement represents the entire agreement between the parties in relation to the subject matter of this Agreement and supersedes any previous agreement, whether written or oral, between the parties in relation to that subject matter. Neither party shall have any liability in respect of any misrepresentation or other statement being false, inaccurate and/or incomplete unless it was made fraudulently.
The parties do not intend that any term of this Agreement should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise, by any person who is not a party to this Agreement except that any supplier to NeoZone may enforce any of the provisions of this Agreement and NeoZone's distributors may enforce Clause 9.
This Agreement shall be governed by and construed in accordance with English law. Each party irrevocably submits to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under or in connection with this Agreement or the legal relationships established by this Agreement.