Ergo/IBV License Contract
IMPORTANT: IN ACCORDANCE WITH THE OFFER ACCEPTED BY THE CLIENT, WITH THE FIRST USE OF THE SOFTWARE, THE USER AGREES TO COMPLY WITH THE TERMS OF THIS CONTRACT.
IBV is the abbreviation for the Instituto de Biomecánica de Valencia group, with registered office at Universidad Politécnica de Valencia EDIFICIO 9C, Camino de Vera, s/n (46022), Valencia, SPAIN.
User refers to the individual, company or organization that purchases or has the License for use of the software.
Software collectively defines the set of executable programs and files in the version that you have received with this contract.
Documentation refers to the manual and any other printed material provided by the IBV together with the software.
License refers to the permission for use that you have over this version of the software and which is subject to the terms and conditions thereof.
This software product is protected by copyright, the law and international agreements on copyright as well as the law and agreements on intellectual property. This software product is given as a license and it is not sold.
(a) IBV grants the non-exclusive software license.
(b) This software product requires installing a software license in order to operate. The software license must be activated on a physical computer using an activation code. The license for use of the software is permanently associated with the physical computer on which it has been activated.
(c) The IBV grants users the right to use as many copies of the software as software licenses for simultaneous use they have purchased. Software licenses must always be used on the physical computer on which they were activated. If the user wishes to activate the software license on a different computer from that on which it was originally activated, and the migration of the software license implies an additional cost to the IBV, it shall be paid by the user.
(d) This license does not transfer any property rights of the original software, of versions other than the original one subject to this contract, or any of the copies of the software installed, copied or being used on any physical medium, storage devices or operating memories.
(e) The software and written documentation provided or accessed from the software are protected property. Consequently, it is strictly forbidden: 1) To make a copy of the software (or documentation); 2) To translate the software; 3) To apply reverse engineering, decompile or attempt to discover the original code of the software; 4) To disclose the software for others to copy it, for profit or non-profit aims; 5) The unauthorized telematic transmission of the software.
(f) The User may not create, or contract with third parties the creation of versions of the software whose license purchased by the User herein.
(g) Given that Users purchase a License to use this product, they shall not rent, sublet, replace or transfer, totally or partially the software, or any license for use of it, without previous written permission from the IBV.
(h) By means of this software, the IBV can obtain the serial number of your application, the version of the Software licensed, the name of the licensee party, the IP address of that party, the login and logout time, as well as information about the modules used, in order to obtain statistical data, without any right derived for the licensee to obtain any compensation.
2. LIMITED WARRANTY
If the user follows the instructions for use, and always subject to the minimum hardware requirements specified in the documentation, the software will run substantially as described in the documentation that comes with it. Under such circumstances, unless user misuse, the IBV guarantees the correct execution of the software for a one-year period from the date on which this license was purchased by the user (Limited Warranty), the period not extending in case of transfer of the license to subsequent users. If the user receives software updates during the current year, these will be covered by the remaining guarantee or for at least 90 days. To the extent permitted by law, all warranties and conditions, express or implied, will only be valid during the term of the limited warranty.
In any case, the IBV reserves the right to cease providing any technical support service of a particular version of the software that the IBV would have agreed with the customer, after a period of five years from the date on which it was provided to the user, without implying any compensation right in favor of the user.
3. USER COMPENSATION RIGHT
The IBV full responsibility for the compliance or breach of this Contract shall be, to the IBV choice: (a) reimbursement of the price paid or (b) repair or replacement of software that does not meet the IBV Limited Warranty. Such liability shall cover the total compensable amount to be reimbursed the user under this contract. The User should always apply the license cancellation update provided by IBV and send the IBV the proof that the update has been applied. This Limited Warranty shall be void if the software defects appear as a result of accident, abuse or misuse by the user.
THE ERGO SOFTWARE HAS BEEN DEVELOPED IN ACCORDANCE WITH REFERENCE INTERNATIONAL STANDARDS RELATED TO ERGONOMIC RISK ASSESSMENT FROM A PURELY TECHNICAL POINT OF VIEW. HOWEVER, THE COMPLIANCE WITH INTERNATIONAL, NATIONAL OR LOCAL LAWS ON ERGONOMIC RISKS IS NOT GUARANTEED, DISCLAIMING ANY RESPONSIBILITY FOR SUCH CONCEPT.
IT IS THE USER RESPONSIBILITY TO VERIFY WHETHER THE MENTIONED INTERNATIONAL STANDARDS MATCH THE LOCAL REGULATIONS OF THE COUNTRY WHERE THE USER INTENDS TO USE THE PRODUCT.
4. NO ADDITIONAL WARRANTIES
THE IBV DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE SUITABILITY OF THE SOFTWARE FOR A PARTICULAR PURPOSE, WHETHER COMMERCIAL OR NOT. THE LACK OF WARRANTY ALSO APPLIES TO THE SOFTWARE, BUT ALSO TO LICENSE SOFTWARE, THE PRODUCT MANUAL(S) AND OTHER DOCUMENTS THAT MAY COME WITH IT.
5. LIMITATION OF THE OBLIGATIONS
UNDER NO CIRCUMSTANCES SHALL THE IBV OR ITS RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER ECONOMIC LOSSES ARISING FROM THE USE OR INABILITY TO USE THIS IBV PRODUCT), EVEN IF THE IBV HAS BEEN INFORMED OF THE CHANCE OF SUCH DAMAGES ARISING. IN ANY CASE, THE RESPONSIBILITY OF THE IBV REGARDING THE TERMS OF THIS AGREEMENT IS LIMITED TO THE PROVISIONS SET IN CLAUSE 3.
a) Legal interpretation. This contract shall be governed and interpreted according to the laws of the Spanish state, and any dispute shall be brought to the courts of the city of Valencia (Spain).
b) Agreement. This contract involves full understanding and agreement between the User and the IBV, and can only be amended with the written consent of both parties. No seller, distributor, retailer or any other person is authorized to modify this Contract or to guarantee or make promises other than or in addition to the guarantees or promises of this Contract related to the software, the software license or the documentation that comes with it.
c) Waiver. No waiver to the rights provided under this contract shall be effective unless it is made in writing and signed by a duly accredited IBV representative.
d) Independence of the parties in the contract. If any provision of this contract is not considered to be valid or legal, such provision shall be interpreted in the spirit of it so as to allow it to remain within the law and to integrate with the rest of the contract, not affecting the other provisions herein.
e) Termination of the contract. Failure to comply with any provision of this contract by the software user will result in its automatic termination.