End User License Agreement (EULA)
IF YOU OBTAIN A LICENSE TO USE OUR PRODUCTS OR SERVICES (THE “PRODUCTS”) THEN IN ADDITION TO THE PROVISIONS OF THE “LOGPOINT GENERAL TERMS OF SERVICE”, THESE ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE PRODUCT. IF THERE ARE ANY DISCREPANCIES BETWEEN THE “LOGPOINT GENERAL TERMS” AND THESE ADDITIONAL TERMS, THESE ADDITIONAL TERMS WILL PREVAIL.
The terms of the End User License Agreement
This End User License Agreement (the “Agreement”) is an agreement between the person, company or organization (the “Licensee”) that has obtained a license for the PRODUCTS and LogPoint A/S (the ”Licensor”). By installing and/or using the PRODUCTS, the Licensee accepts the license of the PRODUCTS and agrees to the terms of this Agreement. The terms of the Agreement will govern new and/or updated versions of the PRODUCTS installed according to the Licensor’s instructions or in connection with an error correction.
“Confidential Information” shall mean the PRODUCTS, all Documentation, all information data, drawings, trade secrets, source codes and readable information regarding the PRODUCTS and all information of intellectual property nature.
“Documentation” shall mean all on-line help-files or written manuals and instructions regarding the use of the PRODUCTS.
“PRODUCTS” shall mean LogPoint, which are software programs developed for Security Information and Event Management, Network and Application Monitoring and File Integrity Checking.
Right of use
Upon Licensee’s accept of this Agreement and upon Licensee’s payment of the agreed license fee, Licensor grants to Licensee for the term of this Agreement a non-exclusive, non-transferable, license to use multiple copies of the PRODUCTS and the Documentation on multiple servers/virtual servers, but restricted to collection of logs from the number of IP addresses agreed by the definition of the license fee.
The Licensee does not acquire any ownership rights of and/or other rights under this Agreement, as the PRODUCTS as well as any appertaining source codes and other rights belong to the Licensor.
The license may only be used to the extent and purpose it is acquired for and may only be used by the Licensee, employees of the Licensee or consolidated companies of the Licensee and the PRODUCTS may only receive logs from the number of IP addresses agreed by the definition of the license fee unless otherwise agreed.
Licensee is obliged to cease all use of the PRODUCTS by the expiry of this Agreement and to uninstall the PRODUCTS.
The license to the PRODUCTS is non-transferable and thus the Licensee cannot transfer the license to the PRODUCTS to a third party by sale, pledge, lease, rent, loan or the like. In case of a merger, split or takeover of the Licensee, the new legal entity shall enter into this Agreement.
The Licensee is only entitled to make back-up copies of the PRODUCTS, which are necessary for the Licensee’s use of the PRODUCTS and for Licensee’s compliance with reasonable IT security procedures, always provided, however, with respect of the terms of this Agreement. The Licensee is entitled to make running back-ups of its own downloaded data in connection with its use of the PRODUCTS.
The PRODUCTS are protected intellectual property and the Licensee is not – except as expressly permitted in this Agreement – entitled to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the PRODUCTS or of Confidential Information submitted to Licensee as a result of this Agreement.
The licensee is obliged to work actively in trying to prevent employees, contract partners and others from any copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of, modifying or creating derivative works of the PRODUCTS or of Confidential Information submitted to Licensee as a result of this Agreement.
Intellectual property rights
The Licensee acknowledge that (a) the PRODUCTS and Documentation is proprietary to and constitutes trade secret information of Licensor; (b) Licensor is the owner of the PRODUCTS and all intellectual property rights vested in the PRODUCTS, including, but not limited to, copyrights, trademark rights and design rights therein, (c) title and ownership rights to the PRODUCTS shall at all times remain with the Licensor.
The Licensee shall not in any way use, directly or indirectly, the name, logo or other marks of the Licensor, including but not limited to the names, logos and marks: LogPoint. In addition Licensee is not entitled to label any of their products or services as a LogPoint review unless accepted by the Licensor.
Disclaimer of warranty and limitation of liability
The Licensee accepts that the PRODUCTS is delivered “as is” and without warranty unless expressly described in this Agreement.
The Licensor disclaims any responsibility for the use of the PRODUCTS in any other way or for any other purpose other than prescribed by the Licensor, as well as the Licensor disclaims any responsibility for software compatibility with the Licensee’s internal systems. Furthermore, the Licensor does not warrant that the PRODUCTS will meet the requirements or expectations of the Licensee. Finally, the Licensor does not warrant that the PRODUCTS will be uninterrupted, timely, secure or free from errors, or that the PRODUCTS will be accurate or reliable.
The Licensor cannot be held liable for any direct or indirect loss or consequential damages suffered by the Licensee, including operational losses, loss of earnings, loss of data, business interruption, interest loss or any other commercial damages or losses arising out of or related to the Licensee´s use of or the inability to use the PRODUCTS and associated products.
The Licensee agrees that Licensor’s liability for damages, if any, shall not exceed the charges paid to Licensor by Licensee under this Agreement. Any liability towards Licensor shall in any event be limited to the amount Licensor has received from Licensee for the last 12 months.
Licensee shall not, even after the termination of this Agreement, use or disclose to any third party any Confidential Information or trade secrets of any kind that Licensee legally or illegally may acquire about the business of Licensor or about the PRODUCTS, except where such information is public knowledge, without prior written consent from Licensor.
This Agreement will commence on Licensee’s acceptance of this Agreement and will not terminate, unless terminated by either party in accordance with the customer agreement between Licensee and Licensor or an authorized partner of Licensor regarding the purchase of the PRODUCTS.
However, if the Licensee fails to comply with the terms of this Agreement, the Licensee’s rights under this Agreement will terminate automatically without notice from the Licensor.
Upon termination of this Agreement, by any party for any reason, Licensee shall cease all use of the PRODUCTS, and shall promptly uninstall, delete and destroy all copies of the PRODUCTS, including any software updates, delivered Documentation, source codes, manuals, instructions, and warrant in writing that all copies thereof have been destroyed.
Law and venue
These terms and the governance, enforcement and performance hereof will be governed, construed, and applied in all respects by the laws of Denmark without regard to any provision governing conflicts of law.
In the event of any dispute or disagreement arising under or in connection with these terms (including a dispute or disagreement as to the validity of the terms), such dispute or disagreement will be referred to and resolved under the exclusive jurisdiction of the Danish courts.