END USER LICENSE AGREEMENT (EULA) FOR THE
SCOPITO SOFTWARE
END USER LICENSE AGREEMENT (EULA) FOR THE
SCOPITO SOFTWARE
The SCOPITO software package, in the following referred as the ‘Software’ is produced owned and maintained by:
Scopito ApS
Agro Food Park 13
8200 Aarhus N
Denmark
in the following referred to as ‘Scopito’.
LICENSE GRANT
SCOPITO hereby grants to the Licensee a nonexclusive license to use (and install) the Software and accompanying documentation as described herein (the “Agreement”). The licensed Software and documentation including error corrections and enhancements are, and shall at all times remain, the property of SCOPITO, and the Licensee shall have no right, title, or interest therein, except as explicitly set forth in this Agreement.
The license is a single-user license.
Together with the main Software, the Licensee might have received relocatable object code, linked binary forms, and other derivative forms. The Licensee does not have the right to use any of these derivative forms separately. The user has the right to use the derivative forms only in direct connection with the main Software.
VALIDITY OF AGREEMENT
This license agreement comes into force and becomes an Agreement between SCOPITO and the Licensee when the Licensee has accepted these terms and conditions in this EULA. If the Licensee does not agree with the terms of this Agreement, the Licensee should not sign up and accept the use of the Software.
PURCHASING
The Licensee purchases the Software at SCOPITO (www.scopito.com) or through one of the SCOPITO distributors.
USE
The Licensee shall use the Software only for internal operations. The Licensee is not allowed to sell, license, sublicense, rent, or make the Software available for use by any third parties.
The Software enables Licensee to create new Software accounts to Licensee’s customers. SCOPITO will invoice any new licensees directly, if Licensee creates any such new accounts.
SCOPITO provides the Licensee with a personal login.
The Licensee shall not de-compile, disassemble or otherwise reverse engineer the Software.
Any drawings and documents furnished may not be used for purposes other than the performance of the Agreement without specific approval by SCOPITO.
SCOPITO states explicitly that the Software is subject to export control.
SUPPORT
This license agreement includes support and software upgrades. For support, please contact support@scopito.com.
TERM
The Licensee shall have the right to use the Software within the agreed term (on a monthly or yearly basis), subject to the termination provisions in this Agreement.
TERMINATION
By any late payment of the license fee, the Licensee forfeits it rights of any access to the Software and accepts that all data uploaded to the Software will be deleted within 30 days of such late payment.
SCOPITO may terminate this license grant, by written notice to the Licensee if the Licensee breaches any material term of this license, including failure to pay any license fees due, and the Licensee have not cured such breach within fourteen (14) days of written notification. The Licensee may terminate this license at any time, for any reason.
The Licensee shall not be entitled to any refund if this license is terminated, except for license fees paid for any software for which the acceptance period has not expired at the time of termination.
PRIVACY POLICY
Here we describe how we collect, use and handle your information when you use our website, software and services (“Services”).
WHAT & WHY
We collect and use the following information to provide, improve and protect our Services:
Account. We collect, and associate with your account, information like your name, email address, phone number and physical address. Some of our services let you access your accounts and your information with other service providers.
Your email address will also be used for marketing communications, such as information about Scopito and its products, promotions, competitions and the likes. New users are automatically subscribed to email lists and can opt-out of these at any time through a link included in the footer of all emails sent from Scopito.
Services. When you use our Services, we store, process and transmit your files (including stuff like your photos, structured data and emails) and information related to them (for example, location tags in photos). All photos, structured data etc. that you upload to our Services, is entirely your property.
Usage. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies. We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services.
WITH WHOM
We may share information as discussed below, but we won’t sell it to advertisers or other third-parties.
Others working for SCOPITO. SCOPITO uses certain trusted third parties to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf and in compliance with this Privacy Policy.
Other users. Our Services display information like your name and email address to other users in places like your user profile and sharing notifications. Certain features let you make additional information available to other users.
Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of SCOPITO or our users; or (d) protect SCOPITO’s property rights.
HOW
Retention. We’ll retain information you store on our Services for as long as we need it to provide you the Services. If you delete your account, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements; and (3) we may retain this information to improve our Services, if we do so, all information will be anonymized.
USE OF NAME AND TRADEMARKS
The Licensee shall not use the name, trade names or trademarks of SCOPITO in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any third party, except in the form provided by SCOPITO , and then solely for purposes of identifying the Software.
ASSIGNMENT
This license is non-transferable to a third party without SCOPITO consent, which shall not be unreasonably withheld. This license may be transferred to an affiliate provided that SCOPITO is notified in writing of the transfer and the affiliate accepts the same terms and conditions subject to the approval of SCOPITO.
RESPONSIBILITY FOR CLAIMS BY THIRD PARTIES
SCOPITO declares that it has no knowledge of any valid patents belonging to third parties and covering devices or processes comprised by this Agreement, but cannot warrant that such patents might not prove to exist.
If reproduction, sale or use of the Software by the Licensee results in a claim for fraudulent imitation against the Licensee, the costs and any damages awarded against him shall be borne by the Licensee.
The costs and expenses of any counterclaim or of settling a claim shall be borne by the Licensee. The Licensee shall inform SCOPITO of any claims made against the Licensee for fraudulent imitation and shall enable SCOPITO to join in any legal proceedings.
LIMITATION OF LIABILITY
The Software shall not be relied on as the basis to solve a problem whose incorrect solution could result in injury to person or damage to property. If the Software is employed in such a manner, it is at the Licensees own risk and SCOPITO explicitly disclaim all liability for such misuse to the extent allowed by law.
Scopito shall in no event whatsoever be liable for any results of any human or AI analysis and shall not be liable for loss of production, loss of profit or any consequential punitive or indirect loss incurred on the basis of such analysis by the Licensee/customer, SCOPITO or any third party.
TECHNICAL REALISATION
Subject to having furnished all the documents and assistance provided for in this EULA SCOPITO undertakes no responsibility for the risk of technical realization, which is assumed solely by the Licensee.
The Licensee shall be deemed to have understood the subject-matter of the License and shall undertake its technical realization.
LIMITED WARRANTY/LIMITATION OF REMEDIES
SCOPITO further warrants, for a period of one (1) year from delivery that the Software will conform in all material respects to the description given in the documentation. In the event that the Software does not operate as warranted, the Licensees exclusive remedy and SCOPITO sole liability under this warranty shall be
- the correction or workaround by SCOPITO of major defects within a reasonable time, or
- should such correction or workaround prove neither satisfactory nor practical, termination of the relevant license and refund of the initial license fee paid to SCOPITO for the Software. All requests for warranty assistance should be directed to SCOPITO.
Notwithstanding anything to the contrary contained in this Agreement, SCOPITO shall in no event whatsoever be liable in contract or in tort for loss of production, loss of profit or any consequential punitive or indirect loss suffered by the Licensee or any third party, and even if such claim or liability were to be based upon any breach by SCOPITO of its obligations under this Agreement or any negligent act, fault or omission by SCOPITO.
Moreover SCOPITO’s aggregate liability arising out of or related to this Agreement cannot exceed the total payment for the license delivered to the Licensee during the last 12 months prior to the incident giving rise to SCOPITO’s liability.
PRODUCT LIABILITY
The Licensee shall bear the sole liability towards any third party, including any damage on any property of a third party.
If a third party advances any claim towards SCOPITO, the Licensee shall in every respect indemnify SCOPITO for any damages irrespective of the extent of such damages.
If SCOPITO is met with any product liability claims, the Licensee shall intervene in such proceedings in order to support SCOPITO and shall further indemnify SCOPITO for any costs caused by such proceedings.
Notwithstanding anything to the contrary contained in this Agreement, SCOPITO shall in no event whatsoever be liable in contract or in tort for loss of production, loss of profit or any consequential punitive or indirect loss suffered by the Licensee or any third party, and even if such claim or liability were to be based upon any breach by SCOPITO of its obligations under this Agreement or any negligent act, fault or omission by SCOPITO.
SECRECY
Any document and information (knowhow) supplied by SCOPITO shall be treated as secret by the Licensee, even after the currency of the Agreement. The Licensee shall take all proper steps to keep them secret. In particular, he shall impose this obligation on his employees and forbid any unauthorized use. He may communicate the said documents and information to third parties and in particular to sub-contractors only with SCOPITO’s prior expressed consent.
SCOPITO shall enter into the same obligation in respect of documents and information supplied by the Licensee.
FORCE MAJEURE
SCOPITO is not liable for any non-performance of its contractual obligations provided SCOPITO can substantiate that such non-performance is due to circumstances beyond SCOPITO’s reasonable control, such as, but not limited to, situations of war, war-like events, fire, strikes, lockouts, bands on export or import, embargoes, delayed or defective deliveries of materials for sub-suppliers, production standstills, shortages of energy or transport facilities.
In that case SCOPITO is entitled to extend the time of delivery correspondingly or to terminate the Agreement. As soon as any such hindrances have been removed, either Party is bound by the Agreement, unless previously terminated by SCOPITO , either Party is entitled to terminate the Agreement in case of a hindrance lasting more than 3 months.
GENERAL
To the extent any law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of this Agreement shall be
otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.
In either case, the remainder of this Agreement shall not be affected. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement contains the entire understanding of the parties and may not be modified or amended except by written statement, executed by authorized representatives of SCOPITO and the Licensee.
APPLICABLE LAW
The Agreement shall be governed by Danish law.
COMPETENT JURISDICTION – ARBITRATION
Any dispute arising in, out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of arbitration proceedings adopted by The Danish Institute of Arbitration and in force at the time, when such proceedings are commenced.
SCOPITO ApS
Agro Food Park 13
8200 Aarhus N
Denmark
