Terms and Conditions for the Denimhunters Academy
IMPORTANT – READ METICULOUSLY!
This Customer Cloud License Agreement – with Effective Date on the date Licensee completes the order (including trial orders) – relates to the use of Denimhunters’ cloud services only; and constitutes the entire agreement between the Licensee as properly registered in and confirmed by Licensor’s Customer Relationship Management System; and the Licensor, Denimshunters, Company No.: DK 34 99 33 00, contact[at]denimhunters.com, +45 22 41 74 43. The Customer Cloud License Agreement is accepted when Licensee completes the order (including trial orders).
The cloud service is protected by copyright law and is made available only for use in accordance with the terms and conditions in this Customer Cloud License Agreement. Possible use, reproduction or redirection of the cloud service that do not conform to the conditions contained in this Customer Cloud License Agreement is forbidden in accordance with applicable laws and may lead to claims for damages and penalties.
Accessing or otherwise using the cloud service constitutes acceptance by the Licensee of these license conditions and this Customer Cloud License Agreement thereby becomes binding on the Licensee. If the Licensee does not wish to accept the license conditions, the Licensor refuses to license the cloud service to the Licensee. In that event, the Licensee has no right to use the cloud service and the Licensee should immediately contact the Licensor to enable appropriate measures to be adopted.
Copyright legislation and international copyright agreements and other laws and conventions on intellectual property protect the cloud service. The cloud service is not sold; it is licensed.
1 GRANTING OF LICENSE
1.1 Access and use
This Customer Cloud License Agreement grants the Licensee and its Affiliates a non-exclusive right to use the Licensor’s cloud service.
The Licensee and its Affiliates have the right to access and use the cloud service. The Licensee and its Affiliates are restricted to using the access rights paid for.
1.2 Manpower
Any manpower deliveries from Licensor to Licensee are not part of this agreement.
1.3 Contract Period
The standard license period is for life from Effective Date. For ‘crowdfunded’ pre-paid orders, the first license period is 395 days. After this, the standard license period applies. If Licensee or Licensor does not give at least three working days’ notice in writing the license period is automatically extended.
1.4 Access to new versions
The Licensee has a right to all new versions of the cloud service. New versions are normally released continually. Any manpower deliveries from Licensor to Licensee to use new versions upgrade are not included. The Licensee only has the right to use the resulting upgraded cloud service in accordance with the conditions contained in this Customer Cloud License Agreement.
1.5 Payment
Access to the cloud service is contingent on payments in advance. Licensor is entitled to discontinue the cloud service until payments are received or/and forever at the Licensor’s discretion if a payment becomes overdue. Payments already received are under no circumstances refundable.
1.6 Currency of payment
Licensee pays in euros (EUR, €) for the duration of this Customer Cloud License Agreement.
1.7 Price changes
Licensor may change prices with three (3) months’ notice for payments, which become due after the effective date of the price changes.
1.8 Confidentiality
All conditions relating to this Agreement are confidential and may not be revealed to third parties.
2 RIGHT OF OWNERSHIP AND COPYRIGHT
The right of ownership and intellectual property rights on the cloud services (including images, photographs, animations, video, audio, music, text and programmes incorporated into the cloud service as accessories), accompanying printed matter and any copies of the cloud service belong to the Licensor and its suppliers.
The rights of ownership and intellectual property rights to content to which the Licensee may gain access through use of the cloud service belong to the respective owners of the content.
The Licensor reserves all rights not expressly granted in this Customer Cloud License Agreement.
Ownership of data entered into the cloud service by Licensee stays with the Licensee as proprietary Customer Data. The Licensor may not reveal or publicise such data without the Licensee’s explicit permission.
However, the Licensor may collect, register, apply, render anonymous, render pseudo-anonymous, process, copy, store indefinitely, backup and use such data as part of any of its current and future services.
3 OTHER RIGHTS AND RESTRICTIONS
3.1 Reverse Engineering etc.
Besides what is expressly permitted by law, the Licensee has no right to modify, plagiarise, copy, reverse engineer or otherwise make use of the cloud service designs, layouts etc.
3.2 Renting
The Licensee has no right to rent, lease or lend the cloud service.
3.3 Assignment
The Licensee has no right to assign this License to any other party.
4 GUARANTEES
The Licensor is obliged, as urgently as circumstances require, to correcting cloud service faults at its own expense in subsequent versions of the cloud service. The guarantee does not apply to cloud service that is adapted or modified specifically for Licensee or a group of licensees. The Licensor refuses to accept any guarantee liability relating to the general suitability of the cloud service or its suitability for a particular purpose.
In order to be able to claim that the cloud service is faulty, the Licensee must notify the Licensor within a reasonable time of having noticed such fault. The Licensee shall specify the fault and, where necessary, show how it is manifested. If the Licensee has given notice of a fault not attributable to the Licensor, the Licensee shall pay the Licensor in accordance with the Licensor’s price list in force for services carried out.
5 LIMITATION OF LIABILITY
The Licensor is not liable for any damage (including, but not limited to, loss of earnings, operational stoppages, loss of business information or other financial damage) as a consequence of use of or difficulty in using or inability to use the cloud service. This applies even if the Licensor has been alerted that such damage may occur. The Licensor’s total liability under this Customer Cloud License Agreement is limited to the amount that the Licensee paid for the License for the last month.
