License Terms

Technical Information

The Product is developed on Microsoft Dynamics Business Central extension base technology.

Intellectual Property Rights

All intellectual property rights, including but not limited to copyright (such as to computer code, text, graphics, user- and visual interfaces), trademarks, and the design, expression, technical solutions and arrangement of information contained in the Products is owned by Caridea IT, or licensed by CarideaIT. Using the Product does not give you any ownership to intellectual property rights in the Product or any content you may access. Except as expressly provided in this Agreement, no part of the Product may be copied, reproduced, decoded, encoded or reverse engineered, unless specifically for the purpose of using the Product in accordance with this Agreement or any other terms entered into when purchasing the Product. Any data submitted by you into the Products is owned by you. Caridea IT do not gain any rights to such content.

Obligations

You are obligated to keep your credentials confidential. Caridea IT cannot be held responsible for loss of credentials, nor be held responsible for any unauthorized activities where the Product has been used. You are solely responsible for the use of the Product.

License

CarideaIT hereby grants you a worldwide, non-assignable and non-exclusive license to use the Product for processing of data in your own business. If and to the extent any open source is used by CarideaIT, the license pertaining to the open source software will be made available to you. Such open source license terms have precedence over this Agreement and Conditions, should they be in conflict. CarideaIT reserves the right to modify any software or the Product. In the event the Product is discontinued, CarideaIT will strive to give reasonable notice in order to secure any of your activities that may be affected by the discontinuance. Copying the Product, in addition to what is prescribed in mandatory legislation, may only take place in connection with installation. The Customer is not entitled to modify, decompile or disassemble the Product without CarideaIT’ express consent, except in cases specifically stated by law. The Customer may not modify or remove marking or information which is used on the Product to advise of any intellectual property right which is held by CarideaIT or a third party, including marking and/or information pertaining to open source.

Fee

The license granted herein is subject to that the agreed fee is paid in due order and in time. If and to the extent the fee is not paid timely, CarideaIT has the right to terminate the License, i.e. access to the Product, with immediate effect, unless you rectify within 30 days from e-mail notice from CarideaIT.

Personal Integrity

Caridea IT’s Privacy Policy explain how Caridea IT process personal information.

Warranties and Disclaimers

CarideaIT do not promise that the Product is error-free, nor takes any responsibility for interruptions pertaining to third parties or failing Internet connections. Other than as expressly set out in this Agreement or any additional agreed terms, Caridea IT makes no specific promises about the Product, including but not limited to the specific functions of the Product or its reliability, availability or ability to meet your needs. Caridea IT provides the Product “as is”. To the extent permitted by law, Caridea IT exclude all warranties.

Term of License and Termination

This License Agreement enters into force when the Product is downloaded by you until terminated by either Party. Caridea IT shall give not less than three (3) months’ notice of termination. Upon Termination of the Agreement, the access to the Product will cease, including access to all data. If you wish to retain such data, you may download the data before termination.

Force Majeur

A party is relieved from liability for a failure to perform an obligation pursuant to this Agreement if the failure is based on a circumstance (Relieving Circumstance) beyond its control and which prevents the performance thereof. As soon as the obstacle has terminated, the obligation shall be performed in the contracted manner. A Relieving Circumstance shall be deemed to include inter alia acts or omissions of authorities, new or amended legislation, epidemics or pandemics, conflicts on the labour market, blockade, fire, flood, breakdown of telecommunications, loss or destruction of property or data of major significance or a major accident or act of terror. To qualify for relief under 10 a party shall without delay notify the other party of the Relieving Circumstance. A party may under the stated circumstances rescind the Agreement if the other party’s performance of a certain obligation has been delayed by more than two (2) months.

Limitation of Liability

In addition to that which is stated in the provision on Force Majeure, Caridea IT’ liability is limited as follows: In no event shall Caridea IT be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including, without limitation damages for loss of business profits or revenue, business interruption or work stoppage, computer failure or malfunction, loss of business information, data or data use, loss of goodwill, claims from third parties or any other pecuniary loss) arising out of the use of or inability to use the Product, to the maximum extent permitted by applicable law. In any event, Caridea IT entire liability towards you shall be limited to the amount actually paid by you for the Product during the six months preceding the event when the damage occurred.

Third Party Web Sites

The Product may be used in conjunction with accessing third party web sites or services that are not in any way owned by or controlled by Caridea IT. Caridea IT assumes no responsibility for the content, privacy policies or practices of any third party web sites or services. By accepting this Agreement, you acknowledge and agree that Caridea IT shall not be held responsible or liable, directly or indirectly for any damage or loss caused, or alleged to be caused by the use of a third party web site, or your reliance upon the content, goods or service available on such a web site.

Support and Maintenance

Upon a separate and specific agreement with Caridea IT, Caridea ITcan provide support and maintenance of the Product. Caridea ITwill however continuously update the Product to be compliant with the current version of Microsoft Dynamics Business Central within reasonable time from knowledge thereof.

Change of Agreement

CarideaITreserves the right, at its sole discretion, to modify or replace this Agreement at any time. Any major changes will be notified as stated herein with one (1) month notice. By continuing to access or use the Product after those revisions become effective, you have agreed to be bound by the revised terms.

Assignment

You may not wholly or partly assign or pledge your rights and/or obligations under this License Agreement to any third party without the prior written approval of Caridea IT. The Customer may not transfer or grant right of use to copies of the Product.

Notices and Language

Any notice and other communication concerning the Agreement, or the Product, shall be given to Caridea IT at info@carideait.se. All notices and communications from Caridea IT to you shall be given to the address stated by you when downloading the Product. Any notice is deemed to be valid and effective if personally served on the other party or sent by e-mail as said above. Changes of address are to be notified as set out in this provision.

Governing Law

The Agreement shall be governed by and construed in accordance with Swedish law, without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Göteborg Chamber of Commerce (the “GCC”). The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration. The seat of arbitration shall be Göteborg. The language to be used in the arbitral proceedings shall be Swedish.