Accusonus Software Additional Terms

Accusonus Software Additional Terms    

 

Published: 6 April 2020

Effective as of: 6 April 2020

These Additional Terms govern your use of the Software and are incorporated by reference into the Accusonus General Terms of Use ("General Terms") located at https://accusonus.com/legal/general-terms (these Additional Terms and the General Terms are collectively referred to as “Terms”). Capitalized terms not defined here have the same meaning as defined in the General Terms.        

1. Use of Software.

1.1 Subscription-Based Software License. If we provide the Software to you as part of your subscription, then subject to your compliance with the Terms, we grant you a non-exclusive license to install and use the Software: (A) as long as your subscription is valid; (B) consistent with the total number of licenses purchased; and (C) in accordance with the Terms and the documentation accompanying the Software. Your subscription lets you activate the Software on up to two devices (or virtual machines) at a time unless otherwise agreed with Accusonus.

1.2 One-Time Software License. If you have purchased a desktop version of a Software, then subject to your compliance with the Terms, we grant you a non-exclusive license to install and use the specific version of the Software: (1) for indefinite term; (2) within the license scope; and (3) consistent with the Terms and the documentation accompanying the Software. Your one-time license lets you install and activate the Software on up to two devices (or virtual machines) at a time unless otherwise agreed with Accusonus.

1.3 Device-Based Software License. If you have purchased a Software license based on number of devices or virtual machines, then:            

(A) License. Subject to your compliance with the Terms, we grant you a non-exclusive license to install and use the Software: (1) during the term of the license; (2) within the license scope; and (3) consistent with the Terms and the documentation accompanying the Software. The number of license installations may not exceed the total number of licenses you purchased for the Software.            

(B) Distribution from a Server. If expressly permitted by Accusonus, you may, to directly support your beneficial business purpose, copy an image of the Software onto a computer within your Intranet solely for the purpose of facilitating the download and installation of the Software onto computers through the use of commands, data, or instructions from a computer connected within the same Intranet. The number of license installations may not exceed the total number of the Software licenses you purchased, however. “Intranet” means a private, proprietary computer network accessible by you and your authorized employees and contractors. Intranet does not include portions of the Internet, network communities open to suppliers, vendors or service providers, or network communities open to the public (such as membership or subscription- driven groups, associations, and similar organizations).        

1.4. Restrictions and Requirements.

(A) Proprietary Notices. You must ensure that any permitted copy of the Software that you make contains the same copyright and other proprietary notices that appear on or in the Software. 

(B) Restrictions. Unless permitted in the Terms, you must not:                             
(1)  host or stream the Software;                    
(2)  allow third parties to access the Software remotely;

(3) circumvent technological measures intended to control access to the Software;

(4)  develop, distribute, or use with the Software, products that circumvent the technological measures; or

(5) rent, lease, sell, sublicense, assign, or transfer any portion of the Software or your rights in the Software.

1.5. Regional Licensing Requirements. If you purchase a Software license, you must not install or deploy the Software outside of the country where you purchased the license unless otherwise permitted under a volume licensing program you have entered into with us. If you live in the European Economic Area, “country” means the European Economic Area. We may terminate the license granted herein, suspend your subscription, or restrict your access to the Services if we determine that you are using the Software or Services in violation of this section.

1.6. Activation and Validation. The Software may require you to take certain steps to activate the Software or validate your subscription. Failure to activate or register the Software, failure to validate the subscription, or a determination by us of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription. 

1.7. Updates. The Software may automatically download and install updates from Accusonus from time to time. These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from Accusonus as part of your use of the Software. Under an One-Time Software License, updates may only include bug fixes and may only be available for one-year from the purchase of the Software.

2. European Economic Area Warranty.

If you obtained the Software in the European Economic Area (“EEA”),you usually reside in the EEA, and you are a consumer (that is, your use of the Software is for personal, non-business-related purposes), then your warranty period with regard to the Software is the duration of your subscription. Our entire liability related to any warranty claim, and your sole and exclusive remedy under any warranty, will be limited to either, at our option, support or replacement of the Software giving rise to the warranty claim; or if support or replacement is not practicable, refund of prepaid and unused subscription fee proportionate to the specific Software. Furthermore, while the Terms apply to any damages claims you make in respect of your use of the Software, we will be liable for direct losses that are reasonably foreseeable in the event of our breach of the Terms. You should take all reasonable measures to avoid and reduce damages, in particular by making backup copies of the Software and its computer data.

3. Third-Party Notices.

Third-Party Software. The Software may contain third-party software, which may be subject to such third-party software’s terms and conditions.

4. Application Platform Terms.            

Apple. By downloading the Software from the Apple iTunes Store, you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services for the Software. To the extent that the Software fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Software.