This license agreement (hereinafter Agreement) is an agreement between you (the person or company who is being licensed to use the software or documentation, hereinafter User) and vConnect EOOD. The Agreement applies to all products/software/scripts/services (hereinafter Software) the User obtains from vConnect EOOD.
By checking the accept box or by downloading or using the Software the User confirms to have read and understood this Agreement, and to agree to the content of the Agreement and its terms and to be bound by it, and agrees to use the Software in compliance with this Agreement.
vConnect EOOD is a Bulgarian registered company with registration number BG201693673 and registered address at Blvd. Tsar Osvoboditel 2,1000 Sofia, Bulgaria. The owners and the management of vConnect EOOD is Danish.
The Software is made for a specific version of each of the CMS systems (hereinafter System Version) that vConnect EOOD supports. If the User is using the Software on another System Version it is considered a breach of this Agreement.
The User accepts that irrespective of the fact that the User has ordered or downloaded the Software from PostNord Group AB (hereinafter PostNord), that PostNord has paid vConnect EOOD for the User's license and that PostNord has recommended the Software to the User PostNord is not a party to the license. The Software is considered licensed directly from vConnect EOOD to the User, and only the User and vConnect EOOD are parties to the licensing of the Software. Thus, the User accepts that PostNord is not responsible for the license and the Software, the quality of the Software or defects or deficiencies in the Software or the implementation or installation of the Software. The User acknowledges that any claim based on the Software or its implementation or installation or the license as such, including claims based on breach of contract, defects, delays, downtime, delayed packages, loss of packages, loss of customers, revenue or profits, product liability etc., may only be directed against vConnect EOOD and not against PostNord, and that such claims are subject to the liability disclaimers below in section 5.
The disclaimers below in this section apply to companies that have licensed or otherwise use the Software. The Software has been provided to the User free of charge and the User uses the Software as is and at its own risk. Disclaimers apply regardless of whether vConnect EOOD has acted with gross negligence. vConnect EOOD assumes that the User's webshop is not of such a critical/vital importance for the User’s revenues that downtime, defect or failure of the website can cause damages or losses for the User or the User’s customers. If this is not the case the User should not use the Software. The disclaimers also apply to the User's customers, and the User undertakes to indemnify vConnect EOOD for any claims that the User’s customers make against vConnect EOOD. Uptime: vConnect EOOD expects an uptime of 99% during the day and at least 80% between 8 PM and 6 AM Danish time but vConnect EOOD disclaims any liability for direct or indirect impacts of downtime, system crash, or deleted or leaked information. vConnect EOOD is not responsible for indirect losses such as interruption of business, loss of business, wrongful deliveries, lost packages, delayed packages, loss of data, loss of customers or otherwise. Unauthorized access or loss of data: vConnect EOOD is not responsible or liable for any loss caused by unauthorized access to the User’s or the User 's customers’ information or for damages incurred in connection therewith. Pickup locations: The Software receives information regarding pickup locations from PostNord. This information changes on a continuing basis and vConnect EOOD is not responsible for the correctness and/or completeness of the information. vConnect EOOD is not responsible for any wrong deliveries or delayed or lost packages made to the User’s customers due to the input that the Software receives or due to the way the Software processes this information. Product liability: vConnect EOOD is not liable for losses or damages to the User’s other software, webshop, website, system or information due to defects in the Software, or defects in the installation or implementation of the Software. Law and tax: vConnect EOOD is not a law firm or accountant and vConnect EOOD does not provide legal advice or tax advice. The information included in the VAT module, the functions of the VAT module and the choices that the User or its customers can make as part of the VAT module do not imply that vConnect EOOD gives any advice in regard to whether it is up-to date, appropriate or lawful and do not replace qualified legal or tax advice provided by an attorney or a tax accountant. The User is encouraged to consult a lawyer or tax accountant before using the VAT module. vConnect EOOD is not liable for any negative tax consequences from using the VAT module. Set-up: vConnect EOOD is not responsible for mistakes in the set-up of the Software or in the User’s System. The Software is made to work with the standard settings in the specific System Versions. vConnect EOOD is not responsible for any loss or damages that occurs if the User does not use the standard settings. Force majeure: Additionally, vConnect EOOD is not responsible for interruptions, faults, defects or otherwise, caused by circumstances outside vConnect EOOD’s control, including power failure, interruption or overload of the internet, earthquakes, lightning, flood, fire, strike, war, theft, lockout (including by own staff or in the data center where the Software is hosted) or that can otherwise be characterized as force majeure. Maximum liability: Notwithstanding the above, under no circumstances is vConnect EOOD liable for damages or losses exceeding DKK 1,000 per Software license.
Provided that the User uses the Software in accordance with this Agreement and hasn’t altered anything in the Software or the implementation of the Software, vConnect EOOD provides free technical support for a period of one year. Such free technical support is only related to cases where the Software doesn’t work or doesn’t work properly, and is limited to a maximum of 3 hours per Software license. Apart from the above mentioned, any other support related to the Software is subject to an hourly fee of 500 Danish kroner Excl. VAT, payable within 10 days from the date of issuing the invoice.
This Agreement gives the User the right to use only one copy of the Software on one System Version installation solely for the User’s own business use, subject to all other terms of this Agreement. A separate License should be acquired for each new Software installation. Any distribution of the Software without the consent of vConnect EOOD, including noncommercial distribution is regarded as violation of this Agreement.
vConnect EOOD reserves the right to publish a selected list of users of our Software.
vConnect EOOD doesn’t use SSL or other similar technology, so vConnect EOOD recommends that the User doesn’t process any sensitive information via the Software.
vConnect EOOD reserves the right to change this Agreement at any time.
The Agreement remains effective until terminated. vConnect EOOD retains the right to terminate the User’s license to use the Software with immediate effect, if the User is in material breach of this Agreement. Notwithstanding the aforementioned vConnect EOOD retains the right to terminate the User’s license to use the Software at any time with a reasonable notice. The User may terminate the Agreement at any time by destroying all copies of the Software.
This Agreement shall be governed by Danish law. Any dispute arising out of or in connection with this Agreement or its interpretation shall be settled at the ordinary Danish courts with the Copenhagen City Court (“Københavns byret”) as chosen venue in first instance.
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