This Software License Agreement ("Agreement") is a legal agreement between you (the "Licensee") and ConPDS ApS, Lille Gedved 6, 8700 Horsens, Denmark, VAT No. DK35828192 ("Licensor"), governing your use of the ConPDS Checker and ConPDS Tracker software and services (collectively, the "Software").
By installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not use the Software.
Subject to the terms of this Agreement and payment of the applicable subscription fees, Licensor grants Licensee a non-exclusive, non-transferable, limited license to use the Software solely for Licensee's internal business purposes during the Subscription Term.
Licensee shall not:
The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. Licensee acquires no ownership rights in the Software.
Access to the Software requires a valid subscription. Fees are as agreed upon in the applicable order form or subscription agreement. Licensor reserves the right to modify pricing upon reasonable notice. Failure to pay fees may result in suspension or termination of access.
Licensor will process any personal data in accordance with its Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Licensee is responsible for ensuring it has a lawful basis to submit personal data to the Software.
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement, and to use such information only for the purposes of this Agreement.
Licensor warrants that the Software will perform materially in accordance with its documentation under normal use. EXCEPT AS EXPRESSLY STATED, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. LICENSOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY LICENSEE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
This Agreement remains in effect for the duration of the active subscription. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within 30 days of written notice. Upon termination, all licenses granted herein immediately cease.
This Agreement shall be governed by and construed in accordance with the laws of Denmark, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Horsens, Denmark.
This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes all prior agreements, representations, and understandings.
For licensing enquiries, please contact: