License Agreement


This License Agreement (the "Agreement") is entered into between you, as licensee and PlanAHead A/S ("PlanAHead"). The Agreement authorises you to use - and governs your use - of the Licensed Software (as specified in Clause 1 below) which may be downloaded from PlanAHead’s server or from other sources under the terms and conditions set forth below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE LICENSED SOFTWARE. BY INSTALLING AND/OR USING THE LICENSED SOFTWARE, YOU WILL BE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL AND ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY OR RETURN THE LICENSED SOFTWARE AND ACCOMPANYING DOCUMENTATION TO PLANAHEAD. PLEASE OBSERVE THAT THE DOWNLOAD VERSION OF THE A-PLANNER DOES NOT INCLUDE ALL FUNCTIONS DESCRIBED IN THE HELP FILES. There are limitations in functionality regarding print, project and system setting details.
1. LICENSED SOFTWARE
As used in this Agreement, the term "Licensed Software" means, collectively: (i) the object code form of the PlanAHead software commercially referred to as "Aplanner for Windows " and Aplanner for Web and (ii) Documentation related hereto. As used in this Agreement, the term "Documentation" means all writings (whether in printed or electronic form) provided to you by PlanAHead from time to time pertaining to the Aplan for Windows , together with those listed in the Addenda to this Agreement.
2. LICENSE AND USE
PlanAHead grants to you a non-exclusive and non-transferable license to use the Licensed Software solely for the purpose of you running a single Aplanner for Windows database. For this limited purpose you may install the Licensed Software on the hard disk or other permanent storage media of one or more client computers and load the licensed software from the permanent storage media into the central processing unit memory for purpose of executing the Licensed Software.
3. LIMITATIONS ON LICENSE
You may not copy, distribute or make derivative works of the Licensed Software except as follows: a) You may not use, modify or transfer the right to use the License Software or copy the Licensed Software except as expressly provided for in this Agreement. b) You may not transfer, sublicense, rent or lease the Licensed Software. c) You may not reverse engineer, reverse compile or disassemble those Licensed Software programs provided to you in object code format unless to the extent allowed under Danish mandatory legislation.
4. COPYRIGHT
The Licensed Software and all rights without limitation including proprietary rights therein, are owned or held by PlanAHead or its suppliers and are protected by intellectual property legislation and international treaties. You are obliged to reproduce and include the copyright notice with any permitted copies you make of the Licensed Software.
5. TERMINATION
This License Agreement is effective from the first date you install the Licensed Software. You may terminate this license at any time by destroying or returning the Licensed Software, all back up copies and all related materials provided by PlanAHead. Your license rights automatically and immediately terminate without notice if you fail to comply with any provision of this Agreement. Upon termination, you must send notification to PlanAHead by mail or email at the addresses specified below. PlanAHead A/S may terminate the Agreement with immediate effect if you do not comply with your obligations under this Agreement.
6. YOU ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND NEITHER PLANAHEAD, ITS SUPPLIERS NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY PLANAHEAD OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOU REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
7. NO OTHER OBLIGATIONS This Agreement creates no obligations on the part of PlanAHead other than as specifically set forth herein.
8. LIMITATION OF LIABILITY IN NO EVENT SHALL PLANAHEAD, ITS EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OF PROFITS OR USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, PROPERTY DAMAGE, INTERRUPTION OF BUSINESS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, STATUTE OR OTHERWISE. IN THE EVENT THAT ANY EXCLUSION CONTAINED HEREIN SHALL BE HELD TO BE INVALID FOR ANY REASON AND PLANAHEAD BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT CORRESPONDING TO THE LICENSE FEE PAID BY THE LICENSEE.
9. TECHNICAL SUPPORT
PlanAHead has no obligation to furnish you with technical support unless separately agreed in writing between you and PlanAHead.
10. EXPORT CONTROL
The Licensed Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Licensed Software. The Licensed Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
11. U.S. GOVERNMENT RESTRICTED RIGHTS Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c) (1) (ii) (Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987) or FAR 52.227-14 (ALT III) (June 1987), as applicable.
12. THIRD PARTY COPYRIGHTS
Portions of the Licensed Product include software and documentation, which are subject to copyright of third parties: Copyright © 1995-1998 World Wide Web Consortium (Massachusetts Institute of Technology, Institut National de Recherché en Informatique et en Automatique, Keio University). All Rights Reserved. This program is distributed under the W3C's Software Intellectual Property License. See W3C License http://www.w3.org/Consortium/Legal/for more details. The Aplanner for Windows software is developed by using Microsoft Visual Studio 2013 version. The Software is distributed under Microsoft's Software Intellectual Property License.
13. NOTICES All notices and return of the Licensed Software and Documentation should be delivered to: PlanAHead A/S www.planahead.dk Electronic Mail: info@planahead.dk.
14. APPLICABLE LAW
This Agreement is governed by the laws of Denmark. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the Copenhagen Court of Arbitration ("Copenhagen Arbitration") in accordance with its Rules of Procedure, Arbitration procedure shall be conducted in the Danish language, although the documents may be produced in English. The place of arbitration shall be Copenhagen, Denmark. However, the mere debt collection matters may be determined by the Danish ordinary courts.