Please read this License Agreement carefully before using this software. Acceptance of this agreement confers the status of user or licensee and expresses the user's full and unreserved acceptance of each and every term of this License Agreement. If
you do not agree to these terms, do not install or access the software. Also, the use of the software by the user implies the acceptance of the terms of this agreement.
This License Agreement constitutes the entire agreement between the licensee and GRASPWAY, represented by Open Sistemas de Información Internet S.L. (hereinafter GRASPWAY) with respect to the subject matter hereof.
Likewise, and to the extent that applicable laws do not prohibit it, the provisions of this License Agreement supersede any communication or advertising about the software or documentation to the extent that the latter are contrary to any of the terms
of this License Agreement or were prior to it.
The acceptance of the terms of this License Agreement does not grant the licensee any rights not specified in this license to such software from GRASPWAY or Software Providers, as the case may be.
"GRASPWAY" refers to the Graspway software as an integration solution with other free software products, through a central software element called g-Core, along with a series of deployment and implementation capabilities as a product, owned by Open Sistemas de la Información Internet S.L., holding all the Industrial and Intellectual Property rights over this element, for and on behalf of itself. "You" and "Your" refers to the individual or entity that wishes to use the Software.
GRASPWAY hereby grants the user a limited, non-exclusive, non-transferable license and right to use the software and documentation for the duration of the agreement and under the terms and conditions set forth herein. In the case of an evaluation version, the licensee may only make use of it during the period of time indicated by GRASPWAY for this purpose. To extend the period of time, the licensee must have GRASPWAY's prior written authorization. Notwithstanding anything in this License Agreement, GRASPWAY makes no warranty of any kind with respect to evaluation versions of the software, which are delivered with all features, uses, scope and technical description known to the licensee prior to acceptance. In the event of default in the payment of monthly or periodic fees for the subscription products, or in the event of termination of the contracted subscription period, the licensee shall lose the right to access the services associated with the software. This license grants the licensee the right to use the software through the Internet, in as many computers and/or servers as licenses have been acquired.
3. INTELLECTUAL PROPERTY
This core software element called g-Core, along with a number of deployment and implementation capabilities as a product, as an integration solution with other open source software products as well as all documentation and/or information relating thereto, is the exclusive property of GRASPWAY, with the exception of those software components under a free software licence, which are governed by their own previously established licence.
GRASPWAY or its Software Providers shall own all Intellectual Property rights, industrial property rights and copyrights to the brand, software, documentation, as well as any other work, software and/or product that GRASPWAY transfers to the user in compliance with this agreement.
- 3.1. All intellectual property rights/software associated with a Site are granted on a non-exclusive license basis and are not transferable or assignable. The Site does not entail the transfer of any intellectual property rights to the benefit of the
Client (or its users or clients) on the software, or on its documentation. Any breakdown, decompilation, reverse engineering, modification or creation of software on the Site or transmission or modification of the user manual or any other documentation
provided by GRASPWAY relating to the Site to the Customer, or its customers, is strictly prohibited.
- 3.2. In the event that the use of the Sites (or the Site itself) as established herein infringes the intellectual property rights of a third party, the Customer (i) who may not use the Site; (ii) who may use the Site on a limited basis; or (iii) whois
claimed by the owner of such intellectual property rights for damages caused; shall only be entitled to be compensation by the Customer user of the Site, in the manner and under the conditions established by the latter, leaving Graspway free of any
claim for such violation.
4. LIMITED WARRANTY
GRASPWAY warrants that the software will perform substantially in accordance with the specifications in the documentation, subject to the provisions of applicable consumer laws in each State and/or Jurisdiction, where applicable. During the term of the agreement and provided that the licensee has activated the services, if any, GRASPWAY shall provide the following limited warranty, which is the maximum warranty assumed by GRASPWAY against the licensee for any defect in the software, product or documentation covered by this License Agreement:
- 4.1. GRASPWAY offers the customer, but not the users of the Sites, a guarantee regarding the availability of the service and the operation, according to the "General Conditions of Purchase" published on the website www.graspway.com
- 4.2. GRASPWAY shall be responsible for any malfunction or anomaly in the Sites provided that they are used according to the user manual.
- 4.3. GRASPWAY does not guarantee that the software on the Site will work with other software or that the software will meet the specific needs of the Partner and its customers.
- 4.4. In the event that the client (or a client of the client) considers that there has been a malfunction or anomaly in the Sites, the client is obliged to communicate this immediately to OpenSistemas.
- 4.5. If the use of the Sites by the customer (or its customers) violates current legislation and/or the rights of a third party, GRASPWAY shall not be liable to the third party.
GRASPWAY shall not be liable or responsible to any person or entity for any damages allegedly caused by the use or non-use of the software or the products, either directly or indirectly, including (but not limited to) interruptions of work, economic loss or loss of anticipated profits resulting from the use of the software. The software is delivered with the features, layers and applications described in detail of the technical and functional scope on the website https://www.graspway.com/en/features/ for consultation by the licensee before contracting, and which shall always be kept up to date and available for consultation at a later date. Similarly, when extra functional features are incorporated if the contract includes any development/adaptation requested by the client, it will be disclosed in the technical proposal of the offer that is delivered to the client prior to the contract, not accepting therefore, claims for alleged specifications to be met by the software or any other, except those expressly stated in the Warranty Clause. GRASPWAY does not warrant that the Software will be error free, nor that it will function without interruption. The licensee is responsible for the use of the Software by others using the Software. The licensee assumes any damages, losses and/or costs that may arise from incompatibilities between the software or its updates and software owned by third party companies that the licensee may have installed on his computer, as well as other problems that may arise from the interaction between the two softwares, or from overlapping strings of code.
Notwithstanding anything established in this License Agreement, in no event shall GRASPWAY be liable for any damages incurred in excess of the fee actually paid by the licensee for the use of the software, even if the licensee has informed GRASPWAY of
the possibility of such damages.
6.RESTRICTIONS ON TRANSFER AND TERMINATION
The end user may not license, sublicense, distribute, loan or otherwise transfer the software without the express written consent of GRASPWAY.
7. RENEWAL AND TERMINATION
In the absence of express written communication by the licensee of his desire to terminate the Licence Agreement, at least 15 days prior to the expiry date of the licence, the licence shall be automatically renewed for periods equal to those agreed in the last contract, it being understood that this fact implies the acceptance of the Parties and without modification of the other terms of the Licence Agreement. Upon termination or expiration of the contract or the associated renewals, with the express desire to terminate and provided that all invoices are recorded as paid with due proof, this License Agreement will be immediately terminated, which will apply from the next calendar day following the date of termination, therefore the user will cease using the software and destroy all copies of the software on their computer, servers and / or mobile devices. GRASPWAY reserves the right to terminate this License Agreement automatically and without notice in the event of any breach by the licensee of any of the terms and conditions of this License Agreement.
For any questions regarding the operation of the Platform or the contracted Sites, the customer may contact the technical services of GRASPWAY service through the following email: firstname.lastname@example.org. The schedule of the technical support service is established in the SLA of response and resolution, according to the contracted plan of each site.
9. JURISDICTION AND APPLICABLE LAW
This License Agreement shall be governed by the laws of Spain. In case of doubts and/or divergences regarding its interpretation and/or effects, only the Courts of the city of Madrid (Spain) will be competent. The parties renounce any other jurisdiction that may correspond to them.
The customer knows and accepts that GRASPWAY may proceed legally in the event of breach of the License Agreement by the licensee. GRASPWAY reserves the right to terminate this License Agreement automatically and without notice
in the event of any breach by licensee of any terms and conditions contained herein. If any provision of this License Agreement is contrary to law, it shall be deemed void without affecting or implying the invalidity of the entire agreement.
GRASPWAY expressly reserves any rights it may have that are not granted to the licensee under this License Agreement.
FREE SOFTWARE AND THIRD PARTY SOFTWARE CLAUSES
Licensed software may include some software programs licensed (or sublicensed) to the licensee under free software licenses or other types of licenses. The texts with the above conditions are available to the licensee in the product installation directory.