Terms & Conditions
General Terms and Conditions
1. Software license
1. SOFTWARE LICENSE
1.1. This End-User License Agreement (“Agreement”) is between you and Container Centralen A/S (“CC”) and governs use of this Application (the “Software”) made available through the Apple App Store or Google Play Store (Android devices). By installing the Software, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Software.
1.2. “You” means the person or company who is being licensed to use the Software. “We”, “us” and “our” means “CC”. Documentation” means the files distributed by us and our authorized representatives.
1.3. We hereby grant you a nonexclusive license to use the Software for personal non-profit use. “Non-profit use” means that you do not charge or accept compensation for the use of the Software or any services that you provide with it.
2. PARTIES
2.1. This agreement is between you and CC, and not Apple Inc. (“Apple”) or Google Inc. (“Google”). Notwithstanding the foregoing, you acknowledge that Apple, Google and its subsidiaries are third party beneficiaries of this Agreement and Apple and Google has the right to enforce this Agreement against you. CC, not Apple nor Google, is solely responsible for the Software and its content.
3. PRIVACY
3.1. CC may collect and use information about your usage of the Software, including certain types of information from and about your device. CC may use this information, in accordance with our privacy policy [www.containercentralen.nl/privacy-policy].
4. LIMITED LICENSE
4.1. The Software is free available and licensed, not sold, to you through the App Store or Google Play Store.
4.2. The Software grants you a limited, non-exclusive, non-transferable, revocable license to use the Software for your personal, non-commercial purposes. You may only use the Software as permitted by this Agreement.
4.3. Things You May Not Do. The Software (and Documentation) are protected by copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material. You may not:
(i) copy the Documentation,
(ii) copy the Software,
(iii) modify or adapt the Software or merge it into another program,
(iv) reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
(v) place the Software onto a server so that it is accessible via a public network such as the Internet, or
(vi) sublicense, rent, lease or lend any portion of the Software or Documentation,
(vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
4.4. All Intellectual Property Rights in the Software and Documentation are and will remain, as between the parties, the exclusive property of the Licensor.
5. AUTOMATIC SOFTWARE UPDATES
5.1. CC may from time to time develop patches, bug fixes, updates, upgrades and other modifications designed to improve the performance of the Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to stop using the Software. If you do not cease using the Software, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Software and you agree to promptly install any Updates that CC provides. Your continued use of the Software is your agreement to this Agreement.
6. OWNERSHIP TITLE
6.1. We remain the owner of all right, title and interest in the Software and Documentation in relation to the Software.
6.2. The Software and all worldwide copyrights, trademarks, trade secrets, and other intellectual property rights therein are the exclusive property of CC and its licensors. CC and its licensors reserve all rights in and to the Software not expressly granted to you in this Agreement. There are no implied licenses under this Agreement. All suggestions or feedback that you provide to CC with respect to the Software or the Software will automatically become the property of CC. CC may use, copy, modify, publish, or redistribute any submission and its contents for any purpose and in any way without any compensation to you. You also agree that CC does not waive any rights to use similar or related ideas previously known to CC, developed by its employees or agents, or obtained from other sources.
7. NO ASSIGNMENT
7.1. You may not assign or transfer your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on systems.
8. WARRANTY
8.1. CC disclaims all warranties about the Software to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, CC ScanConnect, shall be responsible for such warranty.
8.2. The Software is provided “as is,” and CC and its suppliers expressly disclaim any and all warranties and representations of any kind (save for the above), including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. CC shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of CC. To the maximum extent permitted by law, neither CC nor any of its third party suppliers makes any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any products or any content therein or generated therewith, or that: (a) the use of any products will be secure, timely, uninterrupted or error-free; (b) the products will operate in combination with any other hardware, software, system, or data; (c) the products (or any products, services, information, or other material purchased or obtained by you through the products) will meet your requirements or expectations); (d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the products (or any server(s) that make a hosted service available) are free of viruses or other harmful components.
8.3. Your use of the Software and the software will be at your own discretion and risk. you will be solely responsible for (and CC expressly disclaims) any and all liability, or damages that may result from your use of the Software or the software.
9. LIMITATION OF LIABILITY
9.1. Nothing in this Agreement and in particular within this “Limitation of Liability” provision will attempt to exclude liability that cannot be excluded under applicable law. In addition to the above warranty disclaimers, to the maximum extent permitted by applicable law: (a) in no event will CC or its licensors or suppliers be liable for any indirect, consequential, exemplary, special, punitive, or incidental damages, including, but not limited to, any damages for lost data or lost profits, arising from or relating to the Software or software, even if CC knew or should have known of the possibility of such damages, and (b) in no event will CC total cumulative liability for all claims arising from or relating to the software or the Software the software or otherwise, whether in contract, tort or otherwise, exceed the greater.
10. SUPPORT AND MAINTENANCE
10.1. Software does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law CC shall be obligated to furnish any such maintenance or support.
11. TERM AND TERMINATION
11.1. This Agreement is in effect for as long as you have a valid license. We may terminate this license at any time, without cause.
11.2. You may terminate it at any time by destroying all copies of the Software in your possession and delete the Software from your mobile phone. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software, Documentation in your possession and delete the Software from any system.
12. SEVERABILITY
12.1. In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefor.
13. NOTICES
13.1. CC may send notices to you via email or to a mailing address. Notices will be sent to the address that you registered with CC.
14. WAIVERS
14.1. All waivers by CC will be effective only if in writing. Any waiver or failure by CC to enforce any provision of this License Agreement on one occasion will not be deemed a waiver of any other provision or of such pro-vision on any other occasion.
15. CAPTIONS
15.1. The captions and paragraph
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