Software: iDynamics product family
With your acceptance, you will have the rights mentioned below.
INSTALLATION AND USE RIGHTS. You will be able to install and use a copy of the software. This software requires you to be connected to a communications network to be able to execute the function for which it was developed. The software must be installed in accordance with the system requirements defined by THE PROVIDER for the specific version that will be installed. Non-compliance with the system requirements involves the loss of the rights granted by the software license.
FEATURES. Software features will depend on the software version which is installed. Additionally, it is possible that some of the features are not available depending on your Dynamics server edition/version.
SCOPE OF THE LICENSE. The software is licensed and is not for sale. This agreement only gives you some rights of use to the software. THE PROVIDER reserves all other rights. The license may be acquired with proprietary or subscription rights of use. Unless the applicable law grants you more rights, you may only use the software as it is specified in this agreement. In doing so, you shall comply with the technical limitations of the software that only allow you to use it in certain ways. You will not be able to:
- Elude the technical limitations of the software.
- Alter in any way the content of the software or request third parties to do so in your behalf.
- Reverse engineer, decompile or disassemble the software, except to the extent allowed by the applicable law, despite this limitation.
- Make the software public for others to copy.
- Distribute, rent, lease or lend the software.
- Transfer the software or this contract to third parties.
BACKUP COPY. You can make backup copies of the software, which can only be used to reinstall the software.
DOCUMENTATION. You may copy and use the documentation that may be provided with the software for internal reference purposes.
SOFTWARE ENHANCEMENT PLAN (Maintenance). You will have the option to hire software enhancement rights (maintenance) from THE PROVIDER. The software enhancement plan grants you access to updates of the software and support for it. In the case of licenses with proprietary rights of use, the purchase of the software enhancement plan for the first year is mandatory and it is annually renewed. In the case of right-to-use-under-subscription licenses, the benefits of the software enhancement plan are included in the subscription fee. The failure to pay for the software enhancement plan entails the loss of the benefits granted by this plan.
UPDATE RIGHTS. The software enhancement plan gives you the right to use the latest version of the software available as long as you renew your software enhancement plan. This benefit does not include installation, upgrade or migration services, which, if required, must be hired from THE PROVIDER independently.
SUPPORT RIGHTS. The software enhancement plan grants you access to the software support service during its validity. This benefit covers the iDynamics apps as published in the last three versions of Dynamics 365 Business Central. If you are using an unsupported version, you must contract this service independently. Support covers standard app functionality, excluding support for any adaptation or customization that may have been carried out on the software. The access to the support service will always be carried out through THE PROVIDER's Helpdesk platform: https://support.idynamics.es. In order to solve an incident, we might require you to reproduce the error in a standard, isolated and controlled environment, provided by THE PROVIDER.
ADAPTATIONS OR CUSTOMIZATIONS. The software is developed with a specific functionality and requires connecting to your ERP (Dynamics NAV/Dynamics 365 Business Central) for its proper operation. The DISTRIBUTOR may adapt the iDynamics solutions to the costumer's requirements through "extensions" insofar as the costumer's version of Business Central allows it. The DISTRIBUTOR may not modify the iDynamics apps in any other way, unless previously agreed in writing. If your Dynamics ERP (NAV/BC) has been customized or adapted, the iDynamics software might not work correctly. In such a case, the services required to adapt iDynamics, so that it works correctly with your Dynamics ERP, are not included and will need to be hired independently. Any adaptation or customization of your standard iDynamics environment must be done by THE PROVIDER, as owner of the code, leaving said adaptation or costumization outside the coverage of the plan of software enhancement.
INTELLECTUAL PROPERTY NOTICES. iDynamics is a brand owned by Aitana Management S.L. in Spain. Under no circumstances will you be provided with the source code of the software, even if the software could incorporate some type of adaptation or customization specifically developed for you. The integrity of this intellectual property is verifiable at any time by THE PROVIDER, the customer being under the obligation to provide this verification when THE PROVIDER requests it; in case of impediment on the customer's part, the PROVIDER keeps the right to inform and request the information through the competent authorities.
LEGAL EFFECTS. In this use agreement certain legal rights are described. It is possible that you have other rights under the laws of your jurisdiction. You can also be assisted with certain rights in reference to the DISTRIBUTOR from which the software was acquired. This contract does not alter the rights you have under the law of your country if that law does not permit such a measure to be taken.
DISCLAIMER OF WARRANTY. The software is provided and licensed "AS IT IS". You accept the risk of using it. THE PROVIDER does not give any guarantees or explicit conditions. It is possible that the local legislation gives you additional consumer rights which the present contract cannot modify. To the extent permitted by local legislation, THE PROVIDER excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION AND EXCLUSION OF RESOURCES AND COMPENSATIONS. The maximum amount that can be obtained from THE PROVIDER and its suppliers for the compensation concept of direct damage is a maximum of two instalments in the cases of licenses with a right of use in subscription and of 2% over the value of the license in the case of licenses with the right of use in property. You may not recover any damages, including consequential damages, for lost profits, special, indirect, punitive or incidental damages for any of the parts covered. This limitation applies to:
- Any questions related to the software, the services, the content (including the code) that are found on Internet sites of other parties or any third-party software; and
- Claims for breach of contract, failure to fulfil obligations of warranty or condition, objective responsibility, negligence or other non-contractual liability to the extent permitted by applicable law.
This also applies even if the repair, replacement or refund of the software does not fully compensate for possible losses or if THE PROVIDER knew or should have known the possibility that such damages could occur. Situations may also occur in which the above limitation or exclusion may not apply to your case because your state or country does not admit the exclusion or limitation of incidental consequential damages or of any other nature.