PROTEE SOFTWARE PRODUCTS
The following End User License Agreements (“EULA”) governs your use of all ProTee United software products, their associated upgrades, patches, and updates currently provided or which will be provided by ProTee United, or any one of its subsidiaries or affiliated companies, without limitation.
This End User License Agreement (“License Agreement”) is a legal agreement between you as the user (“User”) and ProTee United or one of its affiliates (“Licensor”). By accepting this License Agreement during the registration process and/or by downloading, installing, reproducing, or otherwise using the software provided by Licensor (“Software”), the User enters into this License Agreement, and this License Agreement governs the User’s use of the Software, associated hardware, media and internet-based services. Licensor under this License Agreement is ProTee United B.V., if a product under the ProTee brand is licensed. The use of the Software without the conclusion of this License Agreement is an infringement of copyright.
§ 1. Object of Agreement
1.1 The Licensor is entitled to provide the Software to the User and to grant rights to use the Software under this License Agreement. The Licensor retains all intellectual property rights in the Software, and this License Agreement provides for a limited license for the Software, but not for a sale or transfer of the Licensor’s intellectual property rights.
1.2 If the User is accessing the Software on behalf of a company or legal entity or another natural person, then User is agreeing to this License Agreement for that company, legal entity or other natural person, and User represents that User is authorized to act on behalf of such company, legal entity or other natural person and to bind such company, legal entity or other natural person to this License Agreement.
1.3 The Licensor primarily supplies the Software to the User by making the Software available for download on the Internet. The Software may be made available for installation and use on a device or made available via cloud or web-based services.
1.4 The Licensor licenses the Software with different license models. With the transfer of the Software, the applicable license model, the term of the license and the amount of the license fee are determined. This License Agreement regulates which right of use the User acquires with the respective license model and which general rights and obligations the User has.
1.5 In order to use the Software, the User must register with the Licensor and from time to time connect to the Internet in order to verify the licensing of the Software.
1.6 The Licensor will not provide maintenance and support of the Software under this License Agreement, unless otherwise specified in the respective license model.
1.7 The Licensor may, at its sole discretion, provide documentation for the Software in electronic form to the User, whereas the Licensor retains all intellectual property rights in the documentation.
1.8 This License Agreement does not apply to any of the Licensor ‘s programs released on and prior to August 1, 2023 that the User has purchased or licensed with a perpetual license under another agreement.
1.9 The Software is licensed, not sold. Except as expressly granted in this License Agreement, there are no other licenses granted to the User, express, implied, by way of estoppel or otherwise. All rights not granted in this License Agreement are reserved by the Licensor.
§ 2. Perpetual License
The Perpetual License grants the User a perpetual, remunerable, non-exclusive, non-transferable, non-sublicensable and personalized (“named-user”) right to install the Software on one (1) single device and to use the Software on one (1) single device, and not on different devices concurrently. The User may only use the licensed version of the Software. If the Perpetual License had been transferred from another previously licensed version, the User may install and use each version on one (1) single device, but not concurrently. As a component of the Perpetual License, the respective Licensor may provide the User with generally available updates at its sole discretion. Unless otherwise explicitly agreed in writing, this Perpetual License shall not include upgrades, maintenance and support.
§ 3. Subscription License
3.1 With a Subscription License, the User receives the time-limited, remunerable, non-exclusive, non-transferable, non-sublicensable and personalized (“named-user”) right to install the Software on one (1) single device and to use the Software on one (1) single device, and not on different devices concurrently. As a component and during the term of the Subscription License, the Licensor shall provide the User with generally available updates and upgrades to the Software, whereas the license shall not include other maintenance and support services.
3.2 With the transfer of the Software, the limited term of the Subscription License shall be determined. The Subscription License shall automatically renew by the same term, unless the Licensor or the User terminates the Subscription License prior to the end of the then-current term. During the term, ordinary termination of the Subscription License is excluded.
3.3 The amount of the license fee depends on the term of the right of use. The license fee is due at the first transfer of the Software and at each extension of the term. The granting of the right of use is subject to the condition that the User pays the license fee due.
3.4 The User may use any version of the Software available, but not concurrently. The Licensor may, at its sole discretion, limit the right to use to versions of the Software not more than one (1) years old.
§ 4 Floating License
4.1 With a Floating License, the User receives the time-limited, remunerable, non-exclusive, non-transferable and non-sublicensable right to install the Software on any number of devices and to use the Software on one (1) single device per such license, but not on different devices concurrently. The Licensor shall monitor the use and ensure that the licensed number of concurrent uses is not exceeded. The Floating Licenses are only available as Subscription Licenses under the applicable terms and conditions.
4.2 If the User subscribes Floating Licenses: (a) the User may use the Software on any number of computers, provided that the number of concurrent users shall never exceed the total number of valid Teams Floating Licenses purchased by User and all users must be employees or similar of the same legal entity, but not of any affiliates thereof – a use by an affiliate requires a separate license; and (b) the use of the Software shall at any time be limited to one (1) time zone provided that the time zone shall be fixed by the first use in a time zone to the time zone of first use.
§ 5 Trial License
5.1 With a Trial License, the User receives the time-limited, non-remunerable, non-exclusive, non-transferable, non-sublicensable and personalized (“named-user”) right to install the Software on one (1) single device and to use the Software on one (1) single device, and not on different devices concurrently. This right of use is limited in content: The User may use the Software for testing and evaluating. The use, whether directly or indirectly for business or commercial purposes, for training purposes or for any other purpose (especially other purposes than testing or evaluating), is expressly prohibited. The functions and use of the Software may be restricted. The User may only use one (1) single Trial License of the respective Software per a defined time period due to Licensor‘s determination. Details regarding this time period are provided by the Licensor on request. The Trial License shall have a limited term of fourteen (14) days without automatic renewal. The Trial License shall not include updates, upgrades, maintenance and support.
5.2 If the Licensor grants a Trial License, the clauses § 11 „Warranty Outside the US and US Warranty Disclaimer” (other than § 11.2 which shall remain effective) and § 12 „Limitation of Liability”(other than § 12.2 which shall remain effective) of this License Agreement shall be replaced by the following clauses: (1.) The User acknowledges that the Licensor provides the Software by courtesy, free of charge and „as is” and „as available”. The Software may have defects that could cause program malfunctions, system failures, loss of data or infringements of third-party rights. The Software does not comply to a specific level of usability, merchantability and fitness for a purpose. The Licensor shall be under no obligation to provide technical maintenance and support, to rectify defects and to restore failed systems and lost data. (2.) Subject to § 11.2 and § 12.2, the Licensor shall be liable without limitations in case of intent and gross negligence; in case of injuries to life, body or health; pursuant to the terms of the Netherlands Product Liability Act; and under a guarantee granted by the Licensor. Any other liability of the Licensor shall be excluded.
5.3 The Trial License may be converted into a Perpetual License or Subscription License under the terms and conditions in effect. Trial Licenses are not available for Users holding a Perpetual License or Subscription License.
§ 6 Free License
6.1 The Licensor may, from time to time and at its sole discretion, allow the User to use a specific Software without obligation to pay a license fee. With a Free License, the User receives the time-limited, non-remunerable, non-exclusive, non-transferable, non-sublicensable and personalized (“named-user”) right to install the Software on one (1) single device and to use the Software on one (1) single device, but not on different devices concurrently. The Free License shall have a limited term of at least one (1) month and shall automatically renew for successive terms of one (1) month, unless the Licensor or the User terminates the Free License prior to the end of the then-current term. The Free License shall not include updates, upgrades, maintenance and support.
6.2 If the Licensor grants a Free License, the clauses § 11 „Warranty Outside the US and US Warranty Disclaimer” (other than § 11.2 which shall remain effective) and § 12 „Limitation of Liability” (other than § 12.2 which shall remain effective) of this License Agreement shall be replaced by the following clauses: (1.) The User acknowledges that the Licensor provides the Software by courtesy, free of charge and „as is” and „as available”. The Software may have defects that could cause program malfunctions, system failures, loss of data or infringement of third-party rights. The Software does not comply to a specific level of usability, merchantability and fitness for a purpose. The Licensor shall be under no obligation to provide technical maintenance and support, to rectify defects and to restore failed systems and lost data. (2.) Subject to § 11.2 and § 12.2, the Licensor shall be liable without limitations in case of intent and gross negligence; in case of injuries to life, body or health; pursuant to the terms of the Netherlands Product Liability Act; and under a guarantee granted by the Licensor. Any other liability of the Licensor shall be excluded.
§ 7 General License Terms
7.1 The registration of the Software and the right of use are bound to the User and cannot be transferred or sublicensed to third parties without the Licensor‘s prior consent. If the applicable license model provides that the license is personalized and allocated to a specific named-user, the right of use may only be transferred to another named user if the Licensor is informed by the User and agreed to such transfer. Any transfer of the right of use must be documented by the Licensor, the User and the third party assignee. Details regarding the transfer process and transfer fees are provided on the Licensor’s Website. Certain license models do not allow any transfer or assignment of the right of use.
7.2 The User may only install and use the Software on several devices concurrently if the applicable license model expressly permits this or if the Licensor expressly permits him to use the Software for other purposes.
7.3 Except as set forth in the above-mentioned right of use, the User may not copy, rework, decompile, reverse-engineer, distribute, modify or reproduce the Software except to the limited extent, if any, that applicable law permit such acts notwithstanding any contractual prohibitions. Other uses and exploitations of the Software are not permitted to the User. In particular, the User may not make publicly accessible, rent or otherwise enable third parties to use the Software, and the User may not use the Software for timesharing purposes.
7.4 Except to the limited extent that applicable law permits such actions notwithstanding contractual prohibitions, User shall not use or permit any third party to use the Software, including the Content, Libraries, the User Created Content (as defined in § 10 below), data or other information obtained or generated from the Software, to create, train, test or otherwise enhance, be it directly or indirectly, a machine learning algorithm, a machine vision algorithm or artificial intelligence system that simulates or performs a function similar to any function incorporated in the Software.
7.5 The User‘s right of use ends with the expiry of the term of this License Agreement in the case of time-limited license models, and with all license models if the Licensor terminates this License Agreement because the User has not paid the license fees owed and due, or the Licensor or the User terminates this License Agreement for good cause. The User must then cease all use of the Software immediately and completely and delete or destroy all copies. Already paid license fees will not be refunded.
7.6 The User shall take reasonable precautions in case the Software does not function properly. He shall test the Software prior to productive use, in particular with regard to its usability for the intended purpose. Furthermore, he shall save his data according to state of the art and ensure that data from a data stock in machine-readable format can be reproduced with reasonable effort.
7.7 The User shall use appropriate safeguard measures for the Software and against access and use by unauthorized third parties.
7.8 The User shall not remove or change copyright notices, serial numbers or other features of the Software that serve as identification. He must carefully store the registration codes provided to him by the Licensor and protect them from access by unauthorized third parties.
§ 8 Updates and Upgrades, Limited Maintenance Mode
8.1 The Licensor may, from time to time and at its sole discretion, develop and
provide to the User updates of the Software for the purpose of remedying defects and with improved functions as well as upgrades with extended functions.
8.2 The right to use the updates and upgrades is based on the applicable license model and the User‘s right to use the Software. The User is only entitled to use an update and upgrade if the User has the right to use the Software. An update or upgrade does not give the User any additional or extended right of use to the licensed Software.
8.3 If the Licensor provides the User with an update to ensure the stipulated use of the Software or to remove a defect, the User must install the update to continue to use the Software in accordance with this License Agreement. The Licensor is not responsible for defects and damages caused by the User not installing the update. The User only has a claim against the Licensor for the provision of updates and upgrades if the applicable license model expressly provides this.
8.4 The Licensor reserves the right to enter limited maintenance mode for certain Software at any time by written announcement on any of the Licensor’s websites. Limited Maintenance Mode means that the Licensor will no longer release new enhancements (upgrades and updates) of the Software and the Licensor reserves the right to stop offering the Software for sale. The User’s right to use such Software and any Software features in Limited Maintenance Mode or to receive Support during Limited Maintenance Mode is subject to the Licensor’s announcement and the timetable and details given in such announcement.
§ 9 Breach of Copyright
9.1 If the User breaches this License Agreement, uses the Software without the required right of use or otherwise infringes the Licensor‘s intellectual property rights, the right of use granted in this License Agreement shall immediately become invalid and the Licensor may terminate this License Agreement without notice. The User must then cease all use of the Software immediately and completely and delete or destroy all copies. The Licensor’s other rights, claims and measures against the User remain reserved.
9.2 The Software includes technical protective measures against unauthorized use and for the administration of rights. The protective measures prevent the User from using the Software in a way, for a purpose or to an extent that does not correspond to the applicable license model and violates this License Agreement. The protective measures collect data about the registration of the Software, the device, system and network in which the Software is installed and used, including IP and Computer/OS identification, and about the number and duration of usages. This data is transmitted to the Licensor via a communication interface of the Software via network connections and the Internet. The Licensor processes the data to fulfill this License Agreement and to protect the Software from unauthorized use. The User may not remove or circumvent the protective measures and may not use the Software without the protective measures. Deactivating the „Send information to Licensor” function in the Software does not deactivate the protective measures.
§ 10 User Created Content
10.1 “User Created Content” means content, such as 3D models, materials, textures, scripts, project files, designs, assets, expressions, video footage, audio, logos and other similar content that are designated, within the Software, as User Created Content that are available to be incorporated, using the Software, into content and materials created by User.
10.2 Licensor and its licensors retain all rights, title, and interest in and to the User Created Content. No title or ownership interest in or to the User Created Content is transferred to User by virtue of this License Agreement.
10.3 Subject to the terms and conditions of this License Agreement, (i) Company grants the User, during the term of User’s license to use the corresponding Software, a non-exclusive, non-transferable license to reproduce and modify the User Created Content for the purpose of incorporating the User Created Content into content and materials created by User, and (ii) Company grants the User a perpetual, non-exclusive, non-transferable license, during the term of User’s license to use the corresponding Software, to reproduce and distribute the User Created Content as part of such content and materials created by User under clause (i), in each case, on the condition that (a) the primary value of such content and materials created by User does not lie with the User Created Content themselves, (b) User may not distribute or otherwise commercially exploit the User Created Content by themselves as standalone products or as standalone paid services, (c) User may not use the User Created Content in any way that technically allows a third party to use download, extract or access the User Created Content as a stand-alone file, except if User contractually obliges any third party using its product not to extract or access the User Created Content as stand-alone files and (d) User may not register, or apply to register, a trademark, design mark, service mark, sound mark, or tradename, that uses any User Created Content (in whole or in part).
10.4 If Licensor believes that the User Created Content may be subject to a third-party claim, then Licensor may instruct User to cease all use, reproduction, modification, distribution, display, performance, and possession of such User Created Content, in which case User shall promptly comply with such instructions and also ensure the compliance of any third party to whom User distributed or allowed to possess such User Created Content. Licensor may, at any time (1) discontinue the licensing of any User Created Content and (2) deny the downloading of any User Created Content.
§ 11 Warranty outside the US and US Warranty Disclaimer
11.1 If the User is a natural person and lives outside the United States, or if the User is a legal entity and its principal place of business is located outside the United States, the following shall apply:
11.1.1 The Licensor provides the Software to the User „AS IS” and „AS AVAILABLE”, free from defects of quality and title and within the scope of statutory warranty. The Software must only have the standard functions described in the documentation. It does not constitute a defect if the Software does not meet special requirements or expectations of the User.
11.1.2 The Licensor is not obliged to remedy defects of quality or title caused by (1.) the use of the Software contrary to the provisions of this License Agreement, (2.) the use of the Software in systems or in connection with hardware and software that are unsuitable for this purpose and have not been released by the Licensor, or (3.) alterations of the Software by the User unless the User can prove that the defect was not caused thereby.
11.1.3 The User‘s notice of defects must provide a comprehensible description of the defect, occurrence and circumstances. The notice of defect shall also include evidence that illustrates the defect (e.g. written recordings or video sequences) and enable the Licensor to reproduce and detect the defect. All reasonable costs incurred by the Licensor in connection with an unjustified notice of defect shall be reimbursed by the User.
11.1.4 If the User is held liable by a third party because the use of the Software under this License Agreement infringes the property rights of the third party, the User is obliged to inform the Licensor immediately, assign the defense against these claims to the Licensor and to reasonably assists the Licensor at the Licensor’s expense in defending such claim.
11.1.5 The User‘s claims for material defects and defects of title shall expire after twenty-four (24) months if the User is a consumer, otherwise after twelve (12) months.
11.2 IF THE USER IS A NATURAL PERSON AND LIVES IN THE UNITED STATES, OR IF THE USER IS A LEGAL ENTITY AND ITS PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THE UNITED STATES, THE SOFTWARE IS DELIVERED TO USER „AS IS” AND „AS AVAILABLE” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR FURTHER DISCLAIMS ANY WARRANTY THAT (1.) THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS OR WILL BE SECURE OR ERROR-FREE, (2.) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (3.) THE QUALITY OF THE SOFTWARE WILL MEET THE USER’S EXPECTATIONS, OR (4.) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE LICENSOR SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS RESULTING FROM THE USER’S USE OF ANY SOFTWARE AND CONNECTED HARDWARE. THE USER MAY USE AND ACCESS THE SOFTWARE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO ANY SOFTWARE.
§ 12 Limitation of Liability
12.1 If the User is a natural person and lives outside the United States, or if the User is a legal entity and its principal place of business is located outside the United States, the following shall apply:
12.1.1 The Licensor is liable without limitation for intent and gross negligence, for injury to life, limb or health, in accordance with the provisions of the Netherlands Product Liability Act or in the case of an assumed guarantee.
12.1.2 The Licensor‘s liability for slightly negligent violations of primary obligations is limited to direct damages, which are typical for this License Agreement and were foreseeable when it was concluded. Primary obligations are obligations on the part of the Licensor which enable the fulfillment of this License Agreement, i.e., which are prerequisites for the execution of this License Agreement and on which the User must be able to rely. In case of slight negligence the Licensor is not liable for lost profit on the part of the User.
12.1.3 Otherwise the Licensor‘s liability is excluded.
12.1.4 This limitation of liability also applies to the personal liability of the Licensor‘s employees, representatives and organs.
12.2 IF THE USER IS A NATURAL PERSON AND LIVES IN THE UNITED STATES, OR IF THE USER IS A LEGAL ENTITY AND ITS PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THE UNITED STATES, SUBJECT TO APPLICABLE LAW, THE FOLLOWING APPLIES:
12.2.1 THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF THE LICENSING, PROVISION OR USE OF THE SOFTWARE OR THE RESULTS THEREOF. THE LICENSOR WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND
12.2.2 THE LICENSOR SHALL NOT BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES GREATER THAN AN AMOUNT EQUAL TO THE LICENSEE FEES FOR THE SOFTWARE PAID BY THE USER DURING THE PERIOD OF TWELVE (12) MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED.
12.2.3 THE USER ACKNOWLEDGES THAT THE TERMS IN THIS § 12.2 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
§ 13 Data Protection
The Licensor complies with applicable law when processing personal data. Information on data protection and the Licensor‘s data protection declaration are available at our Website (https://www.protee-united.com/privacy-policy).
§ 14 Export Controls, Government Users
14.1 The User may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (1) into any U.S. or The Netherlands-embargoed countries or (2) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, the User represents and warrants that he is not located in any such country or on any such list. The User also agrees that he will not use the Software for any purposes prohibited by United States law.
14.2 The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
§ 15 General Terms
15.1 In Subscription Licenses, the Licensor may amend the terms of this License Agreement in full or in part as follows: the Licensor shall notify the User of the amendment in text form at least six (6) weeks before it takes effect. If the User does not agree with the amendment to the License Agreement, he may object to the amendment with a period of twenty (20) days before the intended date of entry into force of the amendment. The objection must be made in text form. If the User does not object, the change shall be deemed to be approved by him and the amendment shall replace the prior License Agreement. The Licensor will specifically draw the User‘s attention to the intended consequence of his conduct when notifying him of the amendment to the License Agreement.
15.2 If this License Agreement is written in several languages, only the English version is binding and the other versions are for informational purposes only.
15.3 This License Agreement and any accompanying order confirmation form issued by Licensor constitute the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral. Any different or additional terms in any requests for proposal/quote and purchase orders issued by User or any other similar documents provided by User to Licensor are void, rejected by Licensor and not binding on Licensor.
15.4 If any provision of this License Agreement is held to be invalid, unenforceable, or incomplete, the remainder of this License Agreement shall continue in full force and effect. The invalid or unenforceable provision or the filling of the gap shall be replaced by the statutory provisions.
15.5 If the User is a natural person and lives in the United States, or if the User is a legal entity and its principal place of business is located in the United States, then the laws of the United States of America and the State of California govern all matters arising out of or relating to this License Agreement without giving effect to any conflict of law principles, and each of the parties irrevocably consents to the exclusive jurisdiction of the federal courts of the Central District of California and the state courts located in San Diego, California, as applicable, for any matter arising out of or relating to this License Agreement, except that in actions seeking to enforce any order or any judgment, such jurisdiction will be non-exclusive.
If the User is a natural person and lives outside the United States, or if the User is a legal entity and its principal place of business is located outside the United States, the law of the Netherlands shall apply to all matters arising out of or relating to this License Agreement. If the law of the Netherlands applies and if the User is a company or a legal entity under public law, Amsterdam, The Netherlands, shall be the exclusive place of jurisdiction.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this License Agreement. The parties further agree to waive and opt-out of any application of the United States Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state of the United States in any form.
Last update: August 1, 2023