Terms and conditions

TEMPUS SERVA TERMS AND CONDITIONS [DRAFT]

1. LIMITED RIGHTS TO INSTALL AND USE THE SOFTWARE. Tempus Serva distributor grants you the following rights, subject to your purchase of the corresponding software license and the terms and conditions below:

1.1. User (“seat”) license. You may install one or more copies of the software on hardware devices within your internal computer network for your internal use. The software may be used by a number of individuals equal to or less than the number of user licenses you have purchased. This right is limited to the country in which you acquire the license, unless you acquire the license in the European Union or the European Free Trade Association, in which the case this right is limited to the member countries of the European Union and the European Free Trade Association.

1.2. Anonumous user access. In addition to the seat licenses, users not registered with login credentials, may use the software at no additional license fees.

1.3 Test systems and staging environments. Users are only provided to pay once for their access to the software, provided that

• The user accesses the system same credentials across multiple systems.
• The purpose of the test system is to ensure quality of the system the user has acquired licenses for
• The testing system is owned or rented by the owner of the live system

1.4 Upgrades are free as long as you pay user license fees

2. LIMITED RIGHTS TO MEDIA ELEMENTS. The software may include certain pictures, styles, scripts, xml definitions and document templates for your reuse. You may create your own works based upon these digital elements, and copy, modify, distribute, display, and perform your derivative works provided that you indemnify, defend, and hold Tempus Serva distributor harmless from and against any claims or liabilities arising from your use of the digital elements. You may not sell, license or distribute the digital elements by themselves or as part of any collection, product or service whose value is derived solely or primarily from the media elements themselves.

3.0 LICENSE CONDITIONS

3.1. Technical limitations. This software may include technological measures, whether in the software or in bundled hardware or both, that are designed to prevent or detect unlicensed use of the software. Circumvention of these technological measures is prohibited, except and only to the extent that applicable law expressly permits, despite this limitation. Any attempt to circumvent technical limitations may render the software or certain features unusable or unstable, and may prevent you from updating or upgrading the software.

3.2. Reverse engineering and copying. You may not reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation. If the software is distributed with third party components licensed under the terms of the GNU Lesser General Public License (LGPL), you may reverse engineer the software for the sole purpose of debugging your modifications to the LGPL software. However, modified software is not covered by your limited warranty. You may copy the software only to the extent necessary for backup or archival purposes in support of your use of the software. You must include all copyright and other legal notices appearing on the software in any copies that you make.

3.3. Software hosting or rental. If you make the software available for others to copy or use, you are obligated to ensure that:

• Tempus Serva distributor is notified about who, how and to what extent the software is made available for the endusers
• Make sure the endusers in question have a copy of this document
• Ensure payment for the licenses invoked by the endusers. Licenses can either be bought directly from Tempus Serva distributor og payed through you directly. In either case you are accountable for the license fees.

4. SCOPE. The software is licensed, not sold. This agreement only gives you certain rights to use the software, which may be revoked if you do not follow these terms. Tempus Serva distributor and its suppliers reserve all rights not expressly granted to you in this agreement. The software is protected by copyright and other intellectual property laws and treaties.

5. CONFIDENTIALITY. You acknowledge that the software, together with any bundled hardware, contains proprietary and confidential property of Tempus Serva distributor and its suppliers. You may not disclose this confidential information to anyone other than your employees or consultants who need access to the confidential information to carry out their duties and who are bound by appropriate confidentiality or nondisclosure agreements.

6. THIRD PARTY SOFTWARE AND INFORMATION. The software may be distributed with components from other vendors that are subject to different terms. Your installation and use of those components is subject to those terms, which can be found on the media on which the software is provided. Nothing in this agreement limits rights granted to you by third parties, which may include rights under free software or open source software licenses. Tempus Serva distributor may include information about third party products and services, including links to Web sites run by others. Tempus Serva distributor is not responsible for, and does not endorse or sponsor, this third-party information

7. CONSENT TO USE OF DATA. Tempus Serva distributor may collect and use technical information about the software and the hardware devices you use in connection with the software in a manner that does not personally identify you. Tempus Serva distributor may use this information to improve our products or to provide customized services or technologies. Tempus Serva distributor may also disclose this information to third parties so that they may improve the way their products or services interact with the software. In addition, the software may include security elements that detect unauthorized use or copying of the software and may report such unauthorized use or copying to Tempus Serva distributor. If you do not consent to these practices, do not use the software.

8. TERMINATION. To the extent permitted by law, and without prejudice to any other rights, Tempus Serva distributor may terminate your license if you materially breach these terms and conditions.

9. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or personal injury caused by Tempus Serva distributor’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from Tempus Serva distributor and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages. This limitation applies to:

• the software and anything related to it;
• services provided in connection with the software;
• hardware provided using the software;
• third party content, including programs and information; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.