EULA Sensotec web app for K3000 users

Sensotec web app for K3000 users is a web application available to licence holders of the web licence version of the Kurzweil 3000 product suite and is therefore a component of the Kurzweil 3000 product suite. Sensotec web app for K3000 users can also be offered individually as a paid application, separate from the other components of the Kurzweil 3000 product suite.

User rights agreement

This is a legal agreement, hereinafter referred to as the ‘Agreement’, between you, the Licence Holder, and Sensotec NV, having its registered office at Vlamingveld 8, 8490 Jabbeke, Belgium, and its appointed distributors, hereinafter referred to as ‘SENSOTEC’. By having access to the software product Sensotec web app for K3000 users or using it in anyway, you agree to be bound by the provisions of this Agreement and declare that you have received, read, understood and accepted these terms and conditions of use. The user rights holder is subject to this User Rights Agreement whenever they use the Sensotec web app for K3000 users. If you do not agree with the provisions of this Agreement, you are not permitted to gain access to Sensotec web app for K3000 users or use it.

a. Grant of licences

The Licence Holder may use Sensotec web app for K3000 users on an unlimited number of computers for the duration of their Kurzweil 3000 Suite subscription or Sensotec web app for K3000 users subscription. However, each licence must be assigned to a specific user and the number of specific users must not exceed the number of ‘web licence subscription versions’.

This non-exclusive licence does not entitle the Licence Holder to sub-license or assign the licence to third parties (other than to employees, students, and so on, working at or registered with the Licence Holder) and is limited to the use of the software.

The provisions of this User Rights Agreement govern the updates and upgrades provided to the Licence Holder by Sensotec to replace and/or supplement Sensotec web app for K3000 users, unless the update or upgrade is accompanied by a new user rights agreement.

b. SENSOTEC’s rights

The Licence Holder recognises that Sensotec web app for K3000 users, the software and documentation, are proprietary products of SENSOTEC, or of the third parties listed in this Agreement, protected under copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licence Holder recognises that all rights, titles and interest in Sensotec web app for K3000 users, the software and documentation, are and shall remain the property of SENSOTEC. This licence does not convey to the Licence Holder an interest in Sensotec web app for K3000 users, but only a limited right of use, revocable in accordance with the terms of this Agreement.

All rights and licences granted to the Licence Holder under this Agreement will be terminated with immediate effect if:

  • the Licence Holder does not act in accordance with this Agreement
  • the Licence Holder in possession of a subscription does not respect substantive provisions, such as the payment of the subscription fee
  • the Licence Holder does not act in accordance with this Agreement
  • Sensotec becomes aware of facts that jeopardise the
  • relationship of trust and confidence between the Licence Holder and Sensotec
  • There is a risk of fraud or misuse

c. Term

This User Rights Agreement is effective upon the first use of Sensotec web app for K3000 users, the software and documentation, and shall continue until it is terminated.

d. Software transfer

The Licence Holder may, at any time, transfer the rights of the User Rights Agreement, provided that the Licence Holder ceases to use Sensotec web app for K3000 users and that the recipient agrees to all the terms in this User Rights Agreement.

e. Other restrictions

This User Rights Agreement is the Licence Holder’s proof that they are authorised to exercise the rights granted herein and must be retained by them (or by the person to whom the licence has been transferred, see section d).

The Licence Holder understands and accepts that their use of Sensotec web app for K3000 users must always be in accordance with this Agreement, the applicable laws and regulations. The Licence Holder shall not allow a third party to use Sensotec web app for K3000 users for an unlawful intent or activity. The Licence Holder may not rent, lease or lend Sensotec web app for K3000 users, the software and/or the documentation, or commercialise it in any manner whatsoever. The Licence Holder may not reverse engineer, decompile or disassemble Sensotec web app for K3000 users, except to the extent that the foregoing restriction is expressly prohibited by applicable law.
The Licence Holder may not export Sensotec web app for K3000 users, the software and/or the documentation, or transfer Sensotec web app for K3000 users to third parties who may export Sensotec web app for K3000 users, the software and/or the documentation, in violation of applicable law. The use of Sensotec web app for K3000 users by the Licence Holder to make electronic or printed copies of a document may not violate the copyright and intellectual property rights that apply to the original documents. If you upload any materials or documents to a computer system hosted by SENSOTEC, you declare that you possess the necessary copyrights or licences to do so. You agree to indemnify SENSOTEC from any claims that may arise relating to such actions.

The Licence Holder is not permitted to:

  • Delete, obscure or edit statements regarding intellectual property rights acquired for Sensotec web app for K3000 users
  • Violate the intellectual property rights of Sensotec web app for K3000 users or parts thereof in any other way
  • Use Sensotec web app for K3000 users in a way that may lead to the instigation, facilitation or implementation of any unlawful or criminal activity or that may cause damage or physical harm to a person.

f. Copyright status

The Licence Holder is responsible for determining the copyright status of materials and documents, or any exceptions to copyright.

g. Limited warranty

SENSOTEC warrants to you that Sensotec web app for K3000 users shall function in accordance with the specifications and will be free from any fundamental defects when used in the normal, intended manner during a period of ninety (90) days from the date the Licence Holder received Sensotec web app for K3000 users. SENSOTEC agrees to repair or replace all defective components of Sensotec web app for K3000 users, at its own discretion and at no cost to the Licence Holder, provided that the Licence Holder notifies their supplier of the defect in writing within the warranty period. SENSOTEC or the supplier of SENSOTEC products shall have no obligation to repair or replace defective components that fully or partially arose from catastrophe, software viruses, errors or negligence on the part of the user, or unusual or unauthorised use of Sensotec web app for K3000 users (including any use by third parties, employees of the Licence Holder or consultants that are not authorised users) or any causes external to Sensotec web app for K3000 users.
This clause states SENSOTEC’s sole liability and your exclusive remedy for any breach of the limited warranty set forth in this clause.

h. Limitation of liability

To the extent permitted by applicable law, SENSOTEC disclaims any liability for special, incidental or indirect damages, or consequential damages (including, but not limited to damages resulting from loss of profits, business interruption, loss of company information or any other monetary loss) resulting from the use of or the inability to use Sensotec web app for K3000 users, or resulting from product support provided or not provided, even if SENSOTEC has been advised of the possibility of such damages. SENSOTEC’s total liability or that of its supplier based on a provision in this Agreement shall never exceed the actual amount paid by the Licence Holder for Sensotec web app for K3000 users.
Unless expressly stated in this Agreement, SENSOTEC provides no warranties and the Licence Holder receives no warranties, express or implied, by operation of the law or otherwise, regarding the software or any other materials delivered to the Licence Holder. SENSOTEC disclaims all implied warranties, including, but not limited to the merchantability or fitness for a particular purpose. No representations, including, but not limited to statements regarding capacity, fitness for use, or software performance made by SENSOTEC, its employees, representatives or resellers that are not included in this Agreement shall be considered warranties provided by SENSOTEC.

i. Remedies

If the Licence Holder breaches this Agreement, SENSOTEC reserves the right to immediately terminate this User Rights Agreement and the Licence Holder is required to cease using Sensotec web app for K3000 users. If the Licence Holder cancels this Agreement, they are obliged to immediately cease using Sensotec web app for K3000 users. A breach committed by the Licence Holder causes irreparable harm to SENSOTEC and entitles SENSOTEC to take necessary measures to end the breach or to take any other reasonable action to remedy the damage, in addition to any other legally permitted actions.

j. Severability

If a provision of this Agreement becomes invalid, unlawful or unenforceable for any reason, all parties will be released from their rights and obligations under the provision, to the extent that the provision is invalid, unlawful or unenforceable, and provided that the provision will be amended, insofar as necessary, to make the provision valid, lawful and enforceable, provided that intent of the parties is maintained. All other provisions in this Agreement will be considered valid and enforceable unless otherwise agreed.

k. No waiver

If either party fails to exercise any of the rights established in this Agreement, or fails to take action against the other party in the event of a breach, this shall not be considered a waiver of rights and does not prevent either party from taking action in the event of a future breach.

l. Competent courts

Any disputes regarding the validity, interpretation or execution of this Agreement that cannot be resolved amicably, will be submitted to the competent courts of Bruges.
The Licence Holder expressly agrees to submit to this jurisdiction. The User Rights Agreement is governed and treated in accordance with Belgian law, without giving effect to common law principles regarding choice of law.

m. Entire and sole agreement

All notices given under this Agreement shall be effective upon receipt and shall be made in writing. This document constitutes the entire agreement between the parties relating to the matters covered by it, superseding all verbal or written agreements, proposals or other communications between the parties. Sensotec continually modifies and improves Sensotec web app for K3000 users via updates and upgrades and therefore reserves the right to amend this Agreement from time to time.

Sensotec will notify of any change to this Agreement by posting a notice on the Sensotec Website and will indicate at the top of the Agreement the date when it was last changed. The amended General Terms and Conditions will be deemed to be available to the Licence Holder on the date on which they are made available via the update or upgrade in Sensotec web app for K3000 users. The Licence Holder shall be deemed to have accepted the amended Agreement if they continue to use Sensotec web app for K3000 users.

n. Technology and data from third parties

Sensotec web app for K3000 users uses technologies, data and graphic works that are the property of third parties and uses technologies, data and graphic works customised by SENSOTEC with the permission of the respective third parties. Owners of the technologies and date in question are Kurzweil Education, Spectrum BV., Nuance Communications International, Sclera vzw, LeadTools and Emmy Allemeersch.
These third parties retain ownership and title of their technologies, data and graphic works. The Licence Holder shall not reverse engineer, decompile or disassemble these technologies, unless expressly permitted by applicable law, notwithstanding this limitation. The Licence Holder shall not reproduce, distribute, transfer possession of or provide copies, through any other means, of the data and graphic works to third parties and shall not make changes, modifications, improvements, alterations or derivative Products with this data. Upon breach of the provisions in this paragraph, this Agreement may be terminated with immediate effect.
All provisions and limitations in this Agreement also apply to the technologies, data and graphic works belonging to third parties and by accepting this User Rights Agreement, the Licence Holder also agrees to only use these technologies, data and graphic works as part of Sensotec web app for K3000 users and to only use them in the manner for which express permission has been given in this Agreement.

o. Services and materials from third parties

Sensotec web app for K3000 users can provide access to services and websites belonging to SENSOTEC and/or third parties (hereinafter collectively and individually referred to as the ‘Services’). In order to use the Services, it may be necessary to be connected to the internet and/or to accept additional conditions.
The Licence Holder understands and accepts that, by using the Services, they may be confronted with information that may be considered offensive, indecent or obscene and by carrying out a web search or inserting a URL, links or referrals to obscene material may automatically and/or accidentally be generated. The Licence Holder nevertheless agrees to use the Services at their own risk and shall not hold SENSOTEC liable for any content that may be considered offensive, indecent or obscene.
Certain services may display content, data, information, applications or materials from third parties or provide links or access to third party websites. By using the Services, the Licence Holder recognises and agrees that SENSOTEC is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials from third parties or websites. SENSOTEC provides no guarantees or support whatsoever and shall not accept any liability or responsibility towards the Licence Holder or any other person for regarding third party Services. Neither SENSOTEC nor its content providers guarantee the availability, accuracy, completeness, reliability or timeliness of the information or location data provided by the Services.
The Licence Holder understands and accepts that the Services contain proprietary content, information and materials that are protected by applicable intellectual property and other laws, including, but not limited to copyright, and agrees that they shall not use this proprietary content, information or materials in any other manner than permitted for the Services. No part of the Services may be reproduced, in any form or in any way. The Licence Holder agrees that they shall not modify, rent, lease, sell, distribute or create derivative works from the Services and shall not use the Services in any unauthorised way whatsoever. The Licence Holder agrees that they shall not use the Services to harass, abuse, stalk, threaten, slander or violate the rights of a third party. SENSOTEC cannot be held liable for such behaviour.
When the Licence Holder chooses to use the Services, they do so on their own initiative and are responsible for observing the applicable legislation.
SENSOTEC and its licensors reserve the right to change, suspend, delete or block access to the Services at any time, without prior notice. SENSOTEC shall not, under any circumstances, be held liable for the removal or blocking of access to such Services. SENSOTEC may also apply limitations to the use of or access to certain Services, under any circumstances and without notice or liability.

p. Permission to use information – Privacy

The protection of personal data is of great importance to Sensotec. Sensotec respects the privacy of the Licence Holders and ensures that their personal data is processed in accordance with applicable legislation, in particular with privacy laws.

The Licence Holder also agrees to the Privacy Regulations (see https://sensotec.be/voorwaarden/privacy/  ).

The privacy regulations set out what information is collected and processed, the purposes of the processing, with whom personal data may be shared, and the choices the Licence Holder may make regarding Sensotec’s use of their personal data. It also describes the measures taken to ensure the security of personal data and how the Licence Holder can contact Sensotec to exercise their rights of access, rectification, and objection.

The Licence Holder agrees that Sensotec may collect and use data and related information, including, but not limited to technical information about your device, operating system and other installed software or peripheral equipment. This data is collected in order to facilitate updates and upgrades and for the purpose of offering the Licence Holder product support and other services related to Sensotec web app for K3000 users. Sensotec may use this information to improve its products or to offer the Licence Holder services and technologies.

@Copyright 2019 Sensotec NV. All rights reserved. Sensotec and Sensotec web app for K3000 users are trademarks of SENSOTEC. All other brand names, company names and products are trademarks or registered trademarks of their respective companies.

 

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