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General Terms and conditions for sales of OnTime® Products

The following license terms shall apply for any entity or individual (“Customer”)’s use of any IntraVision software (“Software”) delivered by IntraVision hereunder. The term “Software” shall also include any enhancement, modification, renewals, extension, part, portion or expansion thereof or implementation of any of the foregoing, or back-up copies.

The Customer is upon payment of the license fee invoiced by IntraVision to Customer granted a non-exclusive, non-transferable, irrevocable (within the terms and conditions of this license) paid up license to use the Software only on a single system or equipment, as may be applicable, subject to the particular type of license acquired.

The license rights granted herein are restricted as provided herein and applicable solely to the corresponding number of users for which such rights have been licensed. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) for which a separate license is required shall be granted, provided that the Customer has a separate license for each computer to which the Software is distributed

Notwithstanding anything in this license to the contrary, it is understood that the Customer is receiving no title or ownership rights to the Software, which rights shall remain with IntraVision and/or its licensors. All copyright, trade marks, patents or other intellectual property rights in the Software and associated documentation and other intellectual property rights arising out of the Customer’s use of the Software shall always remain with IntraVision and/or its licensors

The Customer agrees that, notwithstanding its rights to use the Software in accordance with this license, the Software and associated documentation provided by IntraVision under this license or any renewals, extensions, or expansions thereof, or in implementation of any of the foregoing, shall be treated as the exclusive property of IntraVision and as proprietary and a trade secret of IntraVision.

Except to the extent permitted herein or to the extent such restrictions cannot be imposed under applicable laws and regulations, Customer shall not without the prior written consent of IntraVision

assign, give or transfer (including without limitation the giving of security interests of any kind in) the Software to another individual or entity;
modify the Software;
transfer or copy the Software except for temporary transfer in the event of computer malfunctions and a single backup or archival copy;
remove or modify any trademark, trade name, copyright notice or other proprietary notice from the Software, and the Customer shall be responsible for the conservation of the same in and on any back-up copy of the Software;
disclose or make the Software available to any other party or permit others to use it except the Customer’s employees and agents who use it on Customer’s behalf and who have agreed to these license terms;
translate, reverse engineer, decompile, “unlock”, decode or disassemble the Software;
release benchmarks or other comparisons of the Software;
rent, lease, timeshare, provide subscription services or sublicense the Software

The Customer shall comply with all relevant export control regulations and restrictions of Denmark, EU, the United States of America and elsewhere (“Export Laws”) to assure that the Software shall not be exported/reexported, directly or indirectly, in violation of such laws. The Software may contain authorisation keys and license control utilities, which may not be modified or made inoperable by the Customer.

The Customer shall maintain adequate records of the installation and site of the Software matching the use of Software and license grants and make such records available to IntraVision at IntraVision’s request and, upon request, permit access to the site of the Software to verify usage. The Customer shall indemnify and hold harmless IntraVision from and against any claims made by a third party with respect to the Customer’s violation of its license obligations. These obligations of the Customer shall survive the termination of the software license for any reason.

The Software is provided “as is” and the license to the Software is granted without any warranty or guarantee whatsoever. The Customer shall discharge IntraVision of any claim raised by any third party, arising out of the Customer’s failure to comply with the terms of the use of the Software and/or current applicable legislation.

To the extent permitted by applicable law, neither IntraVision nor its suppliers shall in no event be liable for any special, incidental, direct, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other loss) arising out of the use of or inability to use the Software, even if IntraVision has been advised of the possibility of such damages.

The use of the Software and this set of rules shall be subject to Danish law, except for its rules on choice of law. Disputes regarding the Software shall be brought before the Danish Maritime and Commercial Court of Copenhagen as exclusive venue, except for interlocutory measures, which may be sought before any court.

Lyngsø Allé 3 - DK-2970 Hørsholm - Phone: +45 70 23 23 40 - Fax: +45 70 23 23 49