Eula Pionads

PionMon end user license agreement

End User License Agreement for PionAds

License scope

Pionic hereby grants to the rightful acquirer of PionAds ("you") a right to use this software. This right is limited to use by you within your company or other legal entity.

This license is tied to the computer (or the authorized number of computers) onto which the software is first installed. The license may be transferred to another computer; however the software must then be deinstalled from the previous computer.

It is expressly forbidden to

reverse engineer the source code of the software or to decompile the software, except to the extent permitted by mandatory law or applicable open source license;

provide copies of the software to third parties ;

sublicense the software or otherwise make available the software to third parties, including by rental, Software-as-a-Service models or otherwise;

modify the software, except to the extent permitted by mandatory law;

remove indications of Pionic as copyright holder of the software or to remove or render illegible any part thereof.

You may make a backup copy of the software. This backup copy may not be used or traded or distributed in any way, except in conjunction with the original software.

Intellectual property

All right, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with Pionic. You only have the rights and permissions explicitly granted to you by this agreement or granted in writing otherwise. You may not use, copy, distribute or publish the software in any other manner.

The software comprises third-party open source software. The respective third-party rights holders grant you the rights indicated in the applicable open source licenses. These licenses can be found in the documentation. This end user license agreement does not apply to this open source software, and nothing in this agreement shall be construed as a limitation of any right granted to you under an open source license.


 

Consideration

You are solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment.

You may use the software for a limited period at no charge for the purpose of evaluating if the software is right for you. After this period a one-time fee is due. The agreement terminates automatically in case you do not pay the fee after this period. You will be separately informed about the manner of payment by Pionic.


 


 

Use of the software requires activation. The software must be activated after a trial period of one month after installation.

To complete activation after the trial period you must acquire a license key from Pionic. The software will inform you about the procedure.

Updates

Pionic from time to time releases updates that address bugs or improve the functioning of the software.

To learn about the latest updates, consult the website of Pionic. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.

An update may provide terms additional to the terms of this agreement. You will be informed in advance if this is the case and you will have an opportunity to refuse that update. By installing such an update you accept the additional terms, which then become part of this agreement.


 

Support

Pionic shall provide you with a reasonable level of support through its website and/or e-mail (or other communication channels announced to you). Pionic however does not guarantee that all requests for support or bug reports are taken into consideration.


 

Guarantees and liability

Pionic guarantees it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround (but may delay repairing bugs with limited impact until the next planned update); but nothing else.


 


 


 

Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above Pionic is not liable towards you, regardless of ground, for any damages in connection with PionAds.


 


 


 

No liability exists in case damages were not reported timely after discovery to Pionic. In addition no liability exists if the cause of damage is beyond the control of Pionic.

Term of the agreement

This agreement enters into force when you start use of the software and remains in force until terminated.

The agreement may be terminated by both you and Pionic at any time by providing one month's notice.

This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, or in case your company enter into liquidation, legal dissolution or winding-up.

After termination of the agreement (regardless of reason) you must cease all use of PionAds. In addition you must remove all copies (including backup copies)) of PionAds from all computer systems under your control.

Miscellaneous terms

Dutch law applies to this end-user license agreement.

Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Pionic.

A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.

Pionic may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to PionAds from her.

You are permitted to assign the software and your rights and obligations under this agreement to a tird party, provided you inform Pionic in writing of the assignment and delete all copies of PionAds in your possession. The assignee must commit towards Pionic to the terms of this agreement.