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BlueCielo TeamWork 2012 Release Notes | BlueCielo ECM Solutions |
This is a legally binding agreement between you, the end user (either an individual or a single entity), and BlueCielo ECM Solutions B.V., the Netherlands, (hereinafter: "BlueCielo") which markets software products under the registered trademark InnoCielo® TeamWork, in this agreement referred to as the Software. If you do not agree with the terms and conditions of this agreement, promptly return this package (including written materials and containers) to your place of purchase for a full refund. By installing the Transaction Key(s) you agree to be bound by the terms of this license agreement.
Any Software provided to you by BlueCielo including updates / upgrades or supplements to the original Software is part of the Software and is governed by this agreement, unless specifically agreed upon otherwise. Any software products provided by BlueCielo or its suppliers apart from this Software are governed by the terms and conditions of the agreement(s) that apply for those software products.
After reading this agreement and installing the license Transaction Key(s), please complete the InnoCielo® TeamWork Registration form and return it to BlueCielo. The InnoCielo® TeamWork Registration form must be validated by someone duly authorized to enter into this agreement. The InnoCielo® TeamWork Registration form returned will be part of this agreement. If you do not fully complete, validate and return the InnoCielo® TeamWork Registration form, the Software will remain in temporary mode ("Unregistered") and will automatically stop functioning 30 days after the license Transaction Key(s) has (have) been installed. After having received your InnoCielo® TeamWork Registration form duly completed and signed, BlueCielo will provide your Site ID and your Authorization key(s) which will enable continued use of the Software in accordance with the terms and conditions of this license agreement.
Accessing or otherwise utilizing the Software (either in temporary or in permanent mode), installing the Authorization or Transaction Key(s), clicking on the "I Agree" check box/button which is part of the set up procedure, breaking the seal on the container of the medium on which the Software was provided to you, opening the envelope that contains the license keys and your returning the InnoCielo® TeamWork Registration Form will confirm, both separately and individually, and (in so far as necessary) evidence your acceptance of these terms and conditions and the constitution of this license agreement.
BlueCielo or one of its affiliates or authorized distributors or dealers will be the sole contact(s) for the support of InnoCielo® TeamWork Software.
The Software is published by BlueCielo and/or its suppliers. The Software is defined as all software, Documentation and packaging. "Documentation" means all documents in either printed or digital form delivered together with the software. You must treat this product like any other copyrighted material. All intellectual property rights in and to the Software are owned by BlueCielo or its suppliers and are protected by Netherlands and other national (such as the United States) and international laws and conventions pertaining to intellectual property rights. Intellectual property rights in and to the data and databases are owned by the composer thereof, in accordance with the applicable law. All rights not expressively granted to you are reserved by BlueCielo or its suppliers.
This license and your right to use the Software terminate automatically if you violate any part of this agreement or any obligation under the applicable law. In the event of termination of the agreement, you must immediately destroy all copies of the Software or return them to BlueCielo.
BlueCielo grants you a non-exclusive and non-transferable license to use the InnoCielo® TeamWork Software in accordance with the conditions mentioned in this agreement. "Use" means that you have installed the Software on the permanent memory of a unique Device, load it into the computer's temporary memory and apply the Software in accordance with the Documentation and the terms and conditions of this agreement for your own use only.
After installation of one copy of the Software pursuant to this license agreement you may keep the original medium on which the Software was provided by BlueCielo or its suppliers solely for archival purposes or reinstallation of the Software on the same computer as the Software was previously installed on.
The database engine server software (HyperTrieve® Server Software, hereinafter referred to as the "Database Engine Software"), is licensed and delivered to you by BlueCielo as an integral part of the InnoCielo® TeamWork Software and solely for use as an integral part of the Software.
The Database Server Software contains some or all of the following types of software: "Server Software" which provides services or functionality on a computer acting as a server (the computer running the Server Software shall be referred to as the "Server"); and "Client Software" which allows a computer, workstation, terminal, handheld PC, pager, telephone, "smart phone" or other electronic Device (each of the foregoing a "Device") to access or utilize the service or functionality provided by the Server Software.
You may, at any given time, install one copy of the Database Engine Software, solely as part of the InnoCielo® TeamWork Server Software.
The license entitles you to use the installed Server Software, solely as part of the Software Product, permitting (Client Software users) access to the functionality and services of the Software (including its databases). You must acquire an InnoCielo® TeamWork license for each unique Device which concurrently accesses or otherwise utilizes the services or functionality of the Server Software, regardless of the software you use to do so.
The Server Software may not be used to develop, whether or not in conjunction with new applications (except InnoCielo® TeamWork API applications), databases, or tables other than those contained in the Software. You must acquire separate licenses to use Management Tools, Books-Online, and Development Tools components of the Server Software (if applicable).
You must acquire an InnoCielo® TeamWork License for each unique Device which accesses or otherwise utilizes the services or functionality of the Server Software, whether you use the Client Software or any other software to do so, unless expressively otherwise stated in this agreement.
To access InnoCielo® TeamWork as a named user via the InnoCielo® TeamWork Web Access Client, a separate Web Access license is required in addition to a regular InnoCielo® TeamWork license. The Web Access License entitles you to use the InnoCielo® client application using the web to access the InnoCielo® Server Software in accordance with the instructions and Documentation, at any time, provided it is not concurrently used on more unique Devices than you acquired Web Access Licenses for.
For every Device concurrently using the InnoCielo® View Control/Plug-in components, a proper InnoCielo® TeamWork License plus Web Access license needs to be dedicated.
The InnoCielo® View Control/Plug-in components that are offered as part of the integrated solution InnoCielo® TeamWork may under no circumstances be separated from the integrated solution, unless you have a formal and prior written approval from BlueCielo.
Software licenses acquired in addition to previous versions of the Software (referred to as upgrades or updates), or to other types of this version of the Software (referred to as migration), are governed by the terms and conditions of this agreement. When the Software is labeled as an upgrade / update or as migration Software, you must have the proper license for the product identified by BlueCielo or its suppliers as being eligible for the upgrade / update or migration in order to use the Software. Software labeled as an upgrade / update or as migration Software replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade / update or migration and following the upgrade / update or migration you may use the resulting Software only in accordance with the terms and conditions of this agreement.
Unauthorized use or copying of the Software and/or Documentation and failure to comply with the restrictions stated above, will result in automatic termination of this license.
Exclusively with respect to the original licensee, as evidenced by the returned InnoCielo® TeamWork Registration form, BlueCielo guarantees, for a period of thirty (30) days following the date of installation of the Transaction key (s), that:
(i) the Software, unless modified by you, will perform substantially the functions described in the Documentation provided by BlueCielo or its suppliers, and (ii) the medium on which the Software is furnished will be free from defects in material and workmanship under normal use.
In the event this warranty is breached, BlueCielo's sole liability and your exclusive remedy will be, at BlueCielo's option, either (i) a refund of the purchase price you paid for the Software, or (ii) replacement of the Software. No warranty applies to Software which has been copied, modified, adapted in violation with the license granted herewith. You assume responsibility for the selection of the Software to achieve your intended business results and for the proper installation, use and results obtained from use of the Software. BlueCielo does not guarantee that the Software will operate properly in connection with any of your systems. This warranty is exclusive and in lieu of all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement and all such warranties as hereby expressly disclaimed.
BlueCielo will defend you against a claim by an unaffiliated third party that any licensed product in which BlueCielo owns the intellectual property rights, infringes upon its copyright under the laws of The Netherlands as protected under the laws of The Netherlands and pay the amount of any resulting adverse final judgment (or settlement to which BlueCielo consents), provided you promptly notify BlueCielo in writing of the claim and give BlueCielo sole control over its defense settlement. You agree to provide BlueCielo with reasonable assistance in defending the claim.
BlueCielo will not be liable for any copyright infringement or trade secret misappropriation claim to the extent that the claim is based on your (A) copying, distributing or using the Software after BlueCielo notifies you to discontinue copying, distributing or using it due to such a claim; or (B) combining the Software with a non InnoCielo® TeamWork software product or database; or (C) altering or customizing the Software; acquiring a trade secret (1) through improper means; (2) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (3) from a person (other than BlueCielo ) who has the obligation towards the claimant to maintain the secrecy or limit the use of the trade secret. You will reimburse BlueCielo for any costs or damages that result from these actions.
If BlueCielo receives information concerning a copyright infringement or trade secret misappropriation claim related to the Software, BlueCielo may, at its own expense and without obligation to do so, either (A) procure for you the right to continue to copy, use and distribute the allegedly infringing Software, or (B) replace or modify the Software to make it non infringing, in which case, you and your affiliates must stop copying, using and distributing the allegedly infringing Software immediately.
To the maximum extent permitted by applicable law, in no event BlueCielo or its affiliates or suppliers shall be liable for any damages, whether direct, indirect (including without limitation, consequential damages, damages for loss of profits or revenues, business interruption, loss of business information), or other losses of any kind arising in connection with this agreement or arising from the use or inability to use or installation of the Software or Documentation, whether or not such damages were foreseeable and even if BlueCielo was advised that such damages were likely or possible. In no event will BlueCielo be liable for any amount greater than what you actually paid for the Software. You hereby release BlueCielo and its suppliers from all obligations, liability, claims or demands in excess of the limitation. These disclaimers, exclusions and limitations apply regardless of your acceptance of the Software.
BlueCielo's suppliers are no party to this agreement. Yet you acknowledge and agree to the fact that, as far as possible under the applicable law, any liability of BlueCielo's suppliers is expressively disclaimed.
InnoCielo® TeamWork End User License Agreement, version 9.0, December 2008.
The content of this document is also available in digital form at http://www.bluecieloecm.com/literature/licensing/
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