UPrince Software License Terms

 

These license terms are an agreement between you and UPrince (or one of its affiliates). They apply to the software named above and any UPrince services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or UPrince’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.

  1. INSTALLATION AND USE RIGHTS.
    1. You may install and run one instance of the software on up to each of ten of your 10 devices that are linked to the UPrince account to access and interact with the software to which you have access rights via your UPrince subscription or your organization’s UPrince subscription and your assigned license.
    2. UPrince Subscription. Use of the software requires a

UPrince subscription and/or assigned license.  Your access to UPrince through the software must comply with the existing terms for the service that apply to you through your or your organization’s subscription. You may lose access to the

UPrince service (i) if your or your organization’s UPrince subscription expires or is terminated, or (ii) your license to this software is terminated by your organization.

  1. Third Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third party applications may be accessible in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
  2. UPrince Privacy Terms. The software’s privacy statement applies to your use of the software. You may access the privacy statement using the links provided within the software, and as applicable, on the app store from which you obtained the software. Some features of the software provide access to, or rely on, online services. The use of those services (but not the software) is governed by the privacy policies that apply to you through your or your organization’s subscription to UPrince at https://www.uprince.be/privacy-policy. Please read them. The services may not be available in all regions.
  1. DATA COLLECTION. The software may collect information about you and your use of the software and send that to UPrince. UPrince may use this information to provide services and improve UPrince’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about UPrince’s data collection and use in the product documentation and the UPrince Privacy Statement at https://www.uprince.be/uprince-privacy-policy. You agree to comply with all applicable provisions of the UPrince Privacy Statement.
  2. PROCESSING OF PERSONAL DATA. To the extent UPrince is a processor or sub processor of personal data in connection with the software, UPrince makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective 25 May 2018.
  3. SCOPE OF LICENSE. The software is licensed, not sold. UPrince reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
    1. work around any technical limitations in the software that only allow you to use it in certain ways;
    2. reverse engineer, decompile or disassemble the software;
    3. remove, minimize, block, or modify any notices of UPrince or its suppliers in the software;
    4. use the software in any way that is against the law or to create or propagate malware; or
    5. share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
  4. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. .
  5. SUPPORT SERVICES. UPrince is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
  6. The software may periodically check for updates, and download and install them for you. You may obtain updates only from UPrince or authorized sources. UPrince may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
  7. Without prejudice to any other rights, UPrince may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts.
  8. ENTIRE AGREEMENT. This agreement, and any other terms UPrince may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
  9. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country.

Separate and apart from your relationship with UPrince, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

  1. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
  2. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
  3. Germany and Austria.
    • The properly licensed software will perform substantially as described in any UPrince materials that accompany the software. However, UPrince gives no contractual guarantee in relation to the licensed software.
    • Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, UPrince is liable according to the statutory law.

Subject to the foregoing clause (ii), UPrince will only be liable for slight negligence if UPrince is in breach of such material contractual obligations, the fulfilment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, UPrince will not be liable for slight negligence.

  1. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. UPRINCE GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, UPRINCE EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM

UPRINCE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO 5.00€. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.

It also applies even if UPrince knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.