Terms and Conditions
PLEASE READ CAREFULLY BEFORE ACCESSING ANY SOFTWARE FROM THIS WEBSITE:
This licence agreement (Licence) is a legal agreement between your company (You) and DeviceAtlas Limited of 6th Floor, 2 Grand Canal Square, Dublin 2, D02 A342, Ireland (DeviceAtlas or We) for:
- DEVICEASSURE software and libraries (Software); and
- online documents (Documents) (Software and Documents collectively known as the “Services”).
We license use of the Services to You for an evaluation period of fourteen (14) days (“Evaluation Period”) on the basis of this Licence. We do not sell the Services to You. We remain the owners of the Services at all times.
IMPORTANT NOTICE TO ALL USERS:
- BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE ON BEHALF OF YOUR COMPANY TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND ALL EMPLOYEES OF YOUR COMPANY.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST CLICK ON THE “DECLINE” BUTTON BELOW AND YOU MAY NOT DOWNLOAD OR ACCESS THE SERVICES.
You should print a copy of this Licence for future reference.
GRANT AND SCOPE OF LICENCE
- During the Evaluation Period, DeviceAtlas shall provide You with the Services free of charge on the terms and conditions set out herein in order for You to evaluate the Services.
- All terms and conditions set out herein shall apply to You during the Evaluation Period and You covenant and warrant that You shall not use the Services in any way during the Evaluation Period to support products or services in production usage, but solely for the purposes of internal test and/or development (“Objective”).
- Subject to the terms and conditions of this Licence, DeviceAtlas hereby grants to You a personal, non-transferable, non-exclusive licence to use the Services during the Evaluation Period solely for the purposes of the Objective. You acknowledge and agree that the Services will, or may, automatically "time out" (that is to say, cease to operate) at the end of the Evaluation Period if You have not at that time accepted a full licence of the Services.
Without limiting the generality of Clause 1.3 above, You shall not, and You shall procure that any
users shall not, use the Services in any way not expressly permitted under this Licence. This
includes a prohibition on:
- removing or modifying any markings included in the Services, and including in any reports or any notice of DeviceAtlas’ Intellectual Property Rights;
- modifying, selling, renting, transferring, reselling for profit or distributing the Services or creating derivative works based on the Services, or any part of them;
- any distribution of data from a response in any form to, or for the benefit of, any other person except for incidental samples used for illustrative or demonstration purposes;
- causing or permitting any adaptation, translation, decompilation, disassembly, or reverse engineering of the Services;
- copying the Services or creating subsets or derivative databases from the Services in a manner not expressly permitted by this Licence; or
- sharing, distributing or providing access to the Services to any third party
- Usage limits during the Evaluation Period are 10,000 requests for Web library and 1,000 requests for Native library.
- During the Evaluation Period, this Licence may be terminated immediately by DeviceAtlas if You are in breach of any of Your obligations under this Licence. The Licence may be terminated by You during the Evaluation Period upon seven (7) days' written notice or upon acceptance by You of a full licence for the Services.
- Upon termination not followed by a full licence, You shall completely delete all electronic copies of all or any part of the Services resident in Your computer system or elsewhere.
- Save for death and personal injury caused by DeviceAtlas’ negligence, DeviceAtlas shall have no liability of any kind in any circumstances whatever to You in respect of the Services. In particular, DeviceAtlas shall have no liability in any circumstances whatever for any data loss or corruption and You agree that You have sole responsibility for protecting Your data during evaluation of the Services.
- Save as set out explicitly elsewhere in this Licence, no representations, conditions, warranties or other terms of any kind are given in respect of the Services, and all statutory warranties and conditions are excluded to the fullest extent possible.
In consideration of the disclosure by DeviceAtlas to You of the Services for the purpose of the
Objective, You undertake that You will respect and preserve the confidentiality of the Services for
a period of five (5) years after the date of such disclosure (subject to clause 2.3 below). You
without the prior written consent of DeviceAtlas:
- communicate or otherwise make available the Services to any third party; or
- use the Services for any commercial, industrial or other purpose other than the Objective; or
- copy, adapt, or otherwise reproduce the Services save as strictly necessary for the purposes of the Objective.
- You may disclose the Services or any part thereof, with the prior consent of DeviceAtlas, to any employee of You who needs access to the Services in connection with the Objective. In such an event You agree to ensure, before such disclosure, that the employee in question is made aware of the confidential nature of the Services and understands that they are bound by conditions of secrecy no less strict than those set out herein. You agree to monitor the use of the Services by these employees and to enforce their obligations of confidence at the request of DeviceAtlas.
The obligations contained in this clause 2 shall not apply, or shall cease to apply, to such part of
Documents as You can show to the reasonable satisfaction of DeviceAtlas:
- has become public knowledge other than through the fault of You or an employee of You to whom it has been disclosed in accordance with clause 2.2 above; or
- was already known to You prior to disclosure to it by DeviceAtlas; or
- has been received from a third party who neither acquired it in confidence from DeviceAtlas, nor owed DeviceAtlas a duty of confidence in respect of it.
- If You decide not to accept a full licence of the Services, or otherwise at any time at the request of DeviceAtlas, You shall delete all copies of all or any part of the Services which have been provided to You pursuant to this Licence, together with all analyses, studies and other materials produced by You which contain, or could reveal, all or any part of the Services, and any summaries (in whatever form) prepared by You of oral information disclosed by DeviceAtlas.
- In consideration of the disclosure by DeviceAtlas to You of the Services for the purpose of the Objective, You undertake that You will respect and preserve the confidentiality of the Services for a period of five (5) years after the date of such disclosure (subject to clause 2.3 below). You shall not without the prior written consent of DeviceAtlas:
Intellectual Property Rights
- DeviceAtlas owns the Software, Documents and all related documentation. You acknowledge that any disclosure pursuant to this Licence shall not confer on You any intellectual property or other rights in relation to the Software or the Documents other than its right to use under clause 1.3.
- Ownership of all complete or partial copies of the Software and related documentation shall at all times remain with DeviceAtlas. You agree to mark any copies of the Software which You may make in any tangible medium with a notice that such copy belongs to DeviceAtlas.
- If a third party notifies You of any claim that the use of the Services infringes any right of a third party, You agree to immediately notify DeviceAtlas. If any such claim is made to You or DeviceAtlas, You shall, at DeviceAtlas’ request, immediately cease use of the Software. If DeviceAtlas is unable to allow You to continue evaluation of the Services, the provisions of clauses 1.6 and 1.7 shall apply.
- The person signing this agreement on behalf of You confirms that they are authorised to enter into this Licence on Your behalf, and to bind You to its terms and conditions.
- No variation of this Licence shall be effective unless it is in writing and signed by or on behalf of both parties.
- This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland. However, DeviceAtlas may enforce Your obligation of confidence in the courts of any jurisdiction having competence to issue an injunction directly enforceable against You.
- This Evaluation Period commences on receipt by You of DeviceAtlas’ email confirming acceptance of Your application for a trial licence.
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