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 for being 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 being 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 object of 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 it in your behalf.
- Reverse engineer, decompile or disassemble the software, except to the extent required by the applicable law.
- 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 can copy and use the documentation that might be provided with the software for internal reference purposes.
SOFTWARE IMPROVEMENT PLAN (Maintenance): You will have the option to hire THE PROVIDER software improvement rights (maintenance). The software improvement plan grants you access to new versions of the software and support. In the case of licenses with right of use in property, the purchase of the software improvement plan for the first software upgrade year is mandatory and the annual renewals are optional. In the case of right-to-use-under-subscription licenses, the benefits of the software improvement plan are included in the subscription fee. The failure to pay for the software improvement plan entails the loss of the benefits given under the plan.
UPDATE RIGHTS. The software improvement plan gives you the right to use the latest version of the software available at the time of purchase of the software improvement plan. This benefit does not include installation, upgrade or migration services, which, if required, must be hired to THE PROVIDER independently.
SUPPORT RIGHTS: The software improvement plan grants you access to the software support service during its validity. This benefit covers the versions of the product published in the last two years (at the date of the support request). If you are using an unsupported version, you must contract this service independently. Support covers standard product 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 our through the THE PROVIDER Helpdesk platform: http://soporte.idynamics.es. In order to solve an incident, we might require you to reproduce it in a standard, isolated, environment, provided by THE PROVIDER.
ADAPTATIONS OR CUSTOMIZATIONS: The software is developed with an specific functionality and requires connecting to the Dynamics ERP (NAV/AX) of the company for its proper operation. If your Dynamics ERP (NAV/Business Central) has been customized, the iDynamics software may not work correctly. In such a case, the services required to adapt iDynamics, so that it works correctly with the Dynamics ERP, are not included and will be hired independently. Any adaptation or customization of your standard iDynamics environment must be done by THE PROVIDER, as owner of the code, and it is outside the plan's coverage of software improvement.
INTELLECTUAL PROPERTY NOTICES. iDynamics is a brand owned by Aitana Management S.L. in Spain. Under no circumstances you will 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 in any time by THE PROVIDER, the customer must provide that verification when THE PROVIDER request it, reserving itself, in case of impediment on the customer part, the right to inform and request the information through the competent authorities.
LEGAL EFFECTS. In this use agreement are described certain legal rights. 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 part from which the software was acquired. This contract does not alter the rights you have in 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 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, specials, indirect, punitive or incidental to 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 included third-party software;
- Claims for breach of contract, failure to fulfil obligations warranty or condition, objective responsibility, negligence or other non-contractual liability to the extent permitted by applicable law.
It also applies even in 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 damage will 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.