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1. Right of Return, transportation costsXXXX S products that are purchased directly from XXXX by an end-user Corporate or Private Sector Customer may be returned by Customer for a full refund, if returned within fourteen (14) calendar days of receipt, unopened in the original packaging capable of being resold. Customer bears the transportation costs, including insurance
13. Limited Software Warranty.XXXX ApS warrants that commencing from the date of delivery to Customer: (1) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (2) the Software substantially conforms to its published specifications. The date of shipment of a Product by XXXX ApS is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of XXXX ApS and its suppliers under this limited warranty will be, at XXXX ApS's discretion, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer, if different than XXXX ApS. In no event does XXXX ApS warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, XXXX ApS does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
I selve softwaren er der:
Disclaimer:WITHOUT LIMITING THE FOREGOING, ANY AND ALL COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR URL OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS FURNISHED ON AN AS IS BASIS, THAT IS, WITHOUT WARRANTY OF ANY KIND. XXXX® HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WARRANTIES PERTAINING TO ITS POSSESSION AND USE THEREOF, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL XXXX® BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PRODUCT. WITHOUT LIMITING THE FOREGOING, ANY AND ALL COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR URL OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS FURNISHED ON AN AS IS BASIS, THAT IS, WITHOUT WARRANTY OF ANY KIND. XXXX® HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WARRANTIES PERTAINING TO ITS POSSESSION AND USE THEREOF, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL XXXX® BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PRODUCT.
Terms and Conditions:PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to your purchase from XXXX® ApS that will be provided to you ("Corporate or Private Sector Customer" or "Customer") on orders for XXXX® ApS IP subscriptions, XXXXs and XXXXs. By accepting delivery of the IP subscriptions XXXXs and XXXXs and support, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in XXXX® ApS's sole discretion. 1. Right of Return, transportation costs XXXX® ApS products that are purchased directly from XXXX® ApS by an end-user Corporate or Private Sector Customer may be returned by Customer for a full refund, if returned within fourteen (14) calendar days of receipt, unopened in the original packaging capable of being resold. Customer bears the transportation costs, including insurance. 2. Governing Law and Venue THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF DENMARK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, AND INTERPRETTED EXCLUSIVELY BY THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN. 3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within XXXX® ApS's sole discretion, and unless otherwise agreed to by XXXX® ApS, payment must be received by XXXX ApS prior to XXXX® ApS's acceptance of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by XXXX® ApS. Orders are not binding upon XXXX® ApS until accepted by XXXX® ApS. Any quotations given by XXXX® ApS will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. 4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on XXXX® ApS's invoice(s). Unless Customer provides XXXX® ApS with a valid and correct tax exemption certificate applicable to the product ship-to location prior to XXXX® ApS's acceptance of the order, or XXXX® ApS is otherwise not liable for collecting taxes and duties, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on XXXX® ApS's invoice. 5. Title; Risk of Loss. Title to products passes from XXXX® ApS to Customer on shipment from XXXX® ApS's facility. Loss or damage that occurs during shipping by a carrier selected by XXXX® ApS is XXXX® ApS's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with XXXX® ApS. 6. Software License. BY USING the XXXX OR THE XXXX THAT CONTAINS XXXX® ApS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR the XXXX OR THE XXXX. Subject to the terms and conditions of and except as otherwise provided in this Agreement, XXXX® ApS grant to Customer ("Customer") a nonexclusive and nontransferable license to use the specific XXXX® ApS software installed on the XXXX® ApS XXXXs, XXXXs and any upgrades hereto for which Customer has paid the required license fees (the "Software"). 7. General Limitations regarding the Software License. Except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to: (1) transfer, assign or sublicense its license rights to any other person, or use the Software on unauthorized or secondhand XXXX® ApS equipment, and any such attempted transfer, assignment or sublicense shall be void; (2) make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit third parties to do the same; or (3) decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form to gain access to trade secrets or confidential information in the Software. 8. Upgrades and Additional Copies. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by XXXX® ApS or an authorized distributor for which Customer has paid the applicable license fees. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE; (2) USE OF UPGRADES IS LIMITED TO XXXX® ApS EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER AND (3) USE OF ADDITIONAL COPIES IS LIMITED TO BACKUP PURPOSES ONLY. 9. Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates or any Software without the prior written permission of XXXX® ApS. Customer may make such backup copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original. 10. Protection of Information. Customer agrees that aspects of the Software and associated documentation, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of XXXX® ApS. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of XXXX® ApS. Customer shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with XXXX® ApS. 11. Term and Termination. This Software License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. Customer's rights under this License will terminate immediately without notice from XXXX® ApS if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software in its possession or control. 12. Customer Records. Customer grants to XXXX® ApS and its independent accountants the right to examine Customer's books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to XXXX® ApS the appropriate licensee fees. 13. Limited Software Warranty. XXXX® ApS warrants that commencing from the date of delivery to Customer: (1) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (2) the Software substantially conforms to its published specifications. The date of shipment of a Product by XXXX® ApS is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of XXXX® ApS and its suppliers under this limited warranty will be, at XXXX® ApS's discretion, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer, if different than XXXX® ApS. In no event does XXXX® ApS warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, XXXX® ApS does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. 14. Restrictions. The Limited Warranty provided herein by XXXX® ApS does not cover: Products that, in XXXX® ApS.s judgment, have been subjected to abuse,accident, alteration, modification, tampering, negligence, misuse, faulty installation, lack of reasonable care, repair or service in any way that has not been made by an Authorized XXXX® ApS Service Office, or if the model or serial number has been altered, tampered with, defaced or removed; Initial installation,installation and removal of the product for repair, and shipping costs; Operational adjustments covered in the operating manual for the product, and normal maintenance; Damage that occurs in shipment, due to force majeure, failures due to power surge, and cosmetic damage; Any hardware, software, firmware or other products or services provided by anyone other than XXXX® ApS; and Products that have been purchased from inventory clearance or liquidation sales or other sales in which XXXX® ApS, the sellers, or the liquidators expressly disclaim their warranty obligation pertaining to the product. While necessary maintenance or repairs on your Product can be performed by only an Authorized XXXX ApS Service Office. Improper or incorrectly performed maintenance or repair voids this Limited Warranty. 15. Disclaimer of Liabilities. IN NO EVENT WILL XXXX® ApS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE EVEN IF XXXX® ApS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall XXXX® ApS's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 16. Limited Hardware Warranty. THE LIMITED WARRANTIES APPLICABLE TO XXXX® ApS-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. XXXX® ApS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN XXXX® ApS'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND XXXX® ApS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON XXXX® ApS'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. XXXX® ApS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXX® ApS'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN XXXX® ApS'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. XXXX ApS reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. XXXX® ApS does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use. 17. Exchanges. From time to time, XXXX® ApS may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with XXXX® ApS's exchange policies in effect on the date of the exchange. 18. Hardware Products. XXXX® ApS's policy is one of on-going product update and revision. XXXX® ApS may revise and discontinue products at any time. XXXX® ApS will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. Spare parts may be new or reconditioned. 19. You agree not to extract information from the XXXX® Products as defined below: Reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from. 20. XXXX® ApS provides technical support service and software update, etc. only for registered users. 21. It is not allowed to circumvent the security functionality on the XXXX® ApS Products to gain more access than your license states. 22. If the user looses the USB dongle the user has to pay for a new one. 23. It is not allowed to open any of the XXXX® ApS hardware products. 24. It is not allowed to distribute the XXXX® ApS Products without XXXX® ApS acknowledgement 25. The XXXX® ApS products may have sharp corners and should be handled with care. 26. It is not allowed to use the information obtained by the XXXX® ApS products to cause damage to third parties. 27. XXXX® ApS reminds the user to note that XXXX® ApS owns the right to modify or update software and service anytime without noticing user in order to protect of the company's business development and adjustment. XXXX® ApS is not responsible when performing the rights of modifying or intermitting services. XXXX® ApS will not provide service for user until the user agrees this term. 28. XXXX® ApS has the final explanation right to all the terms above. 29. If you break or destroy demo equipment you are subject to pay for the repair. 30. When doing a vulnerability scanning with the XXXX you acknowledge that you have the legal rights to the IP address being scanned. 31. When using The XXXX to sniff sensitive personal data on your network you must comply to the laws of your country regarding sensitive information 32. Warranty according to Danish law. There are 33. Limitation of Liability. XXXX® ApS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT XXXX® ApS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, XXXX® ApS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, XXXX® ApS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT. 34. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations. Customer agrees and represents that it is buying for its own internal use only, and not for resale. XXXX® ApS has separate terms and conditions governing resales. 35. Service and Support. XXXX® ApS will provide general service and support, in accordance with the then-current service and support policies and conditions in effect. If Corporate or Private Sector Customer purchased optional services and support, XXXX® ApS will provide the optional service and support to Customer. XXXX® ApS may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. The services and support programs and their terms and conditions in place at the time of purchase will apply to Customer's purchase. XXXX® ApS has no obligation to provide service or support until XXXX® ApS has received full payment for the Product or services and support that Customer purchased. 36. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be
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