OPTION GENERAL SOFTWARE END USER LICENSE AGREEMENT
OPTION is a brand of Crescent NV and all OPTION related activities are part of Crescent NV.
These license terms are an agreement between Crescent NV, Gaston Geenslaan 14, 3001 Heverlee (Belgium) and you (End User).
Please read them. They apply to all OPTION Software (including firmware), which includes the media on which you received it, if any. The terms also apply to any OPTION:
• internet-based services, and
• support services
for this Software, unless other terms accompany those items. If so, those terms apply.
By using the Software, the End User accepts all the terms of the entire agreement (general terms and specific end user license terms). If you as End User do not accept them, do not use the Software.
If the End User complies with these license terms, End User will have the rights below:
1. INSTALLATION AND USE RIGHTS. End User may install (when applicable) and use the Software.
2. INTERNET-BASED SERVICES. To the extent OPTION provides Internet-based services with the software; it may change or cancel them at any time.
3. SCOPE OF LICENSE. The Software is licensed, not sold. This agreement only gives End User some rights to use the Software. OPTION reserves all other rights. Unless applicable law gives End User more rights despite this limitation, End User may use the Software only as expressly permitted in this agreement. In doing so, End User must comply with any technical limitations in the software that only allow End User to use it in certain ways. End User may not
• work around any technical limitations in the Software;
• reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation;
• publish the Software for others to copy;
• rent, lease or lend the Software;
• transfer the Software or this agreement to any third party; or
• use the Software for commercial Software hosting services.
4. BACKUP COPY. End User may make (when applicable) one backup copy of the Software. End User may use it only to reinstall the Software.
5. DOCUMENTATION. Any person that has valid access may copy and use the documentation for your internal, reference purposes.
6. TRANSFER TO ANOTHER DEVICE. End User may uninstall the Software and install it on another device for your use (when applicable).
7. SUPPORT SERVICES. Because this Software is "as is," we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement (general terms and specific end user license agreement terms)), and the terms for supplements, updates, Internet-based services and support services that End User uses, are the entire agreement for the Software and support services.
9. APPLICABLE LAW.
The Belgian laws and the courts of Brussels will apply.
10. DISCLAIMER OF WARRANTY. The software is licensed "as-is." End User bears the risk of using it. OPTION gives no express warranties, guarantees or conditions. End-User may have additional consumer rights under local laws which this agreement cannot change. To the extent permitted under any local laws, OPTION excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION OF LIABILITY.
The liability for everything that is covered by this License Agreement is governed by the terms and conditions of this License Agreement.
Whatever the cause, form or subject of the liability claim or whether the reasons for it are contractual or non-contractual, the liability of OPTION is limited to a maximum amount of €50,000 (fifty thousand euros).
Under no circumstance will OPTION be liable, either towards the End User, or indirectly towards third parties, for damages that are not the direct, or immediate consequence of the failure to meet its obligations, even if Parties have been informed in advance of the possibility of such damage, losses or claims. Consequently, the following will be excluded from compensation: any financial or commercial damage, such as loss of earnings, increase in overheads, disruption of schedule, loss of use of or loss of or damage to data, work stoppage, computer failure or malfunction, loss of clients or savings, loss of good-will, cost of procurement of substitute goods or services, third-party claims, etc.
In case the Software (and possibly accompanying sensors) are used for safety and/or security purposes, It is the sole responsibility of the End-User to configure the Software and the accompanying sensors according to the safety and/or security regulations and laws of the country where the Software and the sensors are used for safety and/or security purposes.
End-User must test the Software and the sensors extensively in all situations and use cases and configure the Software (and the sensors) for safe use before going in production with the final configuration of the sensors and the Software.
The End-User is responsible for informing all persons that need to know about the instructions of use and about the limitations of the sensors and the Software for use in safety and/or security purposes.
End User will have to take out, continue and pay insurance that covers the financial consequences of its civil (contractual and extra-contractual), professional and operational liability for bodily harm and material and immaterial damage.