End-User License Agreement with Wide Ideas
Last updated: 23 January 2018
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using WIDE IDEAS.
By clicking the “I Agree” button, downloading or using the Product, you are agreeing to be bound by the terms and conditions of this Agreement and the addendum “Wide Ideas EULA Addendum – Data Protection”. [HYPERLINK]
If you do not agree to the terms of this Agreement and “Wide Ideas EULA Addendum – Data Protection”, do not click on the “I Agree” button and do not download or use the Product.
1. Other definitions
- “Product” means Wide Ideas
- “We,” “Us”, “Our” or “Vendor” means Idea2Innovation Sweden AB
- “You”, “Your” or “Company” means, in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity
- “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity
- “User” means, in the case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by You to use the Product. Users may include, for example, your employees, consultants, contractors and agents, and third parties with which You transact business.
- 2.1 Idea2Innovation Sweden AB grants you a revocable, non-exclusive, non-transferable, limited license to use the Product for commercial purposes strictly in accordance with the terms of this Agreement.
- 3.1 You agree not to, and you will not permit others to:
- (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product or make the Product available to any third party
- (b) copy, distribute, or disclose any part of the Product in any medium
- (c) alter or modify the Product in any way
- (d) reverse engineer, reverse assemble, reverse compile or otherwise attempt to create the source code from the Product, or interfere with, or compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Product
- (e) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- (f) upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Product
- (g) use the Product in any unlawful manner or in any other manner that could damage, disable, overburden or impair Wide Ideas or all or any portion of the Product
- (h) bypass the measures Wide Ideas may use to prevent or restrict access to the Product
- (i) use any robot, spider, scraper, script, or other comparable automated technology to access the Product for any purpose without Wide Ideas express written permission
- (j) gain unauthorized access to the Product, its user accounts, computer systems or networks through unauthorized means such as hacking or password mining
- (k) collect or harvest any personally identifiable information, including account names, from the Product without first obtaining the express prior written permission of such party to use any such personally identifiable information
- You shall:
- (A) notify us immediately of any unauthorized use of any password or Wide Ideas Account or any other known or suspected breach of security
- (B) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you to violate these Terms or the intellectual property rights of third parties
- 4.1 The Product is licensed, not sold. For purposes of this Agreement, the terms “purchase,” “sell” and like terms refers to purchase or sale of a license to use the Product and not to a purchase or sale of title to or ownership of any rights or other interests in the Product. You acknowledge and agree that Vendor retains ownership of the Product itself and any related data or databases used by Vendor or the Product, including all intellectual property rights therein. The Product is protected by copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Product as delivered to you. Vendor reserves all rights in the Product not expressly granted to you in this Agreement.
5. Updates and modifications
- 5.1 From time to time, we may, but has no obligation to, enhance and/or change the features of the Product at our discretion as long as we do not materially reduce the core functionality of the Product. We also may offer additional optional features and/or functionalities in addition to the “standard” Product at an additional cost. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Product or any Product to which it connects, with 30 days prior notice and without liability to you.
- 5.2 Third Party interactions
By using the Product you may integrate with other third-party applications via API. Wide Idea and its licensors shall not be responsible for interruptions in service or performance from third parties, or any interruptions in the Product caused by such third-party services. Wide Idea expressly does not endorse any sites on the Internet or third-party applications that are linked through the Product, and in no event, shall Wide Idea or its licensors be responsible for any content, products, or other materials on or available from such third-party sites or applications. Wide Idea provides the Product to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
6. Term and Termination
- 6.1 This Agreement shall remain in effect until terminated by you or Company.
- 6.2 Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with 30 days prior notice.
- 6.3 This Agreement will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of this Agreement.
- 6.4 Upon termination of this Agreement, you shall cease all use of the Product and delete all copies of the Product from your mobile device or from your desktop.
7. Personal information and privacy
- 7.1 Personal information Company and/or Users provide through the Product is handled according “Wide Ideas EULA Addendum – Data Protection”.
8. Amendments to this Agreement
- 8.1 Vendor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You will be provided the option to terminate your use of the Services if Wide Ideas modifies the Terms in a manner that substantially affects your rights in connection with use of the Product. Your continued use of the Product after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
9. Limited Warranty; Disclaimer
- 9.1 Vendor does not warrant that the Product will meet your requirements, that the Product will operate in the combinations, on the operating system or in the environments that you may select for Execution, that the operation of the Product will be error-free or uninterrupted, or that all Product errors will be corrected. You are solely responsible for the data, Product and other content carried on your Devices and for backing-up your data, Product and other content.
- 10.1 If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
11. Limitation of Liability
- 11.1 Vendor shall have no liability to You (or any other person) to the extent that any warranty claim, claim of infringement, or other breach of this Agreement is based upon: (i) use of the Product in connection or in combination with equipment, devices, or software not provided by Vendor and such infringement or breach would have been avoided by the use of the Product alone; or (ii) the use of the Product in breach of this Agreement. 2) REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL VENDOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PRODUCT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL VENDOR’S AGGREGATE LIABILITY FOR ANY ONE MATTER ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY RECEIVED BY VENDOR FROM YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE OCCURRENCE OF SUCH MATTER, AND FOR ALL MATTERS, IN THE AGGREGATE, THE TOTAL AMOUNT ACTUALLY RECEIVED BY VENDOR FROM YOU UNDER THIS AGREEMENT.
- 12.1 This Agreement will be governed by and construed in accordance with the laws of Sweden, without regard to or application of conflict of laws rules or principles.
- 12.2 All disputes arising out of or in connection with the present Agreement shall be finally settled by the courts of Sweden with the Stockholm District court (Sw. Stockholms tingsrätt) as first instance.
- 12.3 Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, regarding its subject matter, unless you and Vendor have executed a separate agreement. Any terms or conditions contained in your purchase order or other purchasing document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Vendor and will be deemed null.
13. Contact Information
- 13.1 If you have any questions about this Agreement, please contact us firstname.lastname@example.org