DASC

DASC-logo_2_150
Menu

License Terms DASC B.V.

License Terms apply provided the Licensee has not concluded a separate DASC License Agreement with the Licensor. In such case, selecting “Accept” means acceptance of conditions described in the concluded License Agreement.

I. DEFENITIONS
1.1. License Terms – this document
1.2. Licensor – DASC B.V. – Hogelandseweg 12, 4132 CW Vianen – www.dasc.nl.
1.3 Licensee – an individual or an organisation with legal capacity, to which the Licensor grants the PS Solutions License.
1.4. PS Solution – computer software described in detail in the Proof of Entitlement and all of its components.
1.5. Proof of Entitlement – document supplied to Licensee by Licensor, confirming rights of the Licensee to use the PS Solution in terms specified in the License Terms, specifying in particular the components of the PS Solution, type of installation, licensing method, duration, etc.
1.6. License – Licensee’s right to use the PS Solution on terms specified in the License Terms and the Proof of Entitlement.
1.7. Proof of Extended Service Entitlement – document supplied to Licensee by Licensor, confirming rights of the Licensee to get the PS Solution Extended Service, specifying, in particular, components of the PS Solution covered by the extended service, duration, etc.

II. LICENSE
2.1. Licensor represents that he is authorized to grant license for the PS Solution in accordance with the License Terms.
2.2. Licensor grants to Licensee a license for the PS Solution described in detail in the Proof of Entitlement provided the acceptance of the License Terms by the Licensee.
2.3. By selecting “Accept” and installing the PS Solution, the Licensee acknowledges his acceptance of the License Terms.
2.4. If the Licensee does not accept the License Terms, he may not install or use the PS Solution. In such case, the Licensee is obliged to cancel installation of the PS Solution by selecting “Do not accept” and immediately remove PS Solution from the computer memory.
2.5. The License is non-exclusive.
2.6. If the PS Solution or any of its components requires a license code (for installation and/or use), the Licensor shall provide the Licensee with license codes under the conditions described in the Proof of Entitlement.

III. SCOPE OF THE LICENSE
3.1. The Licensee may use the rights to the PS Solution by loading into the computer memory, storing, displaying, launching and using the PS Solution as per its intended use.
3.2. The Licensee may not authorise others to use the PS Solutions in any respect. This applies, in particular, to sub licensing, free provision of the PS Solution and its media, concluding rental agreements, leases, and other similar agreements.
3.3. Persons remaining in a working relationship with the Licensee or performing work on a different basis, including on the basis of service contract or other agreement for the provision of services are not considered a third party, as long as they use the PS Solution installed on computers that are in the exclusive possession of the Licensee and the PS Solution is used for the purpose of meeting the objectives or needs of the Licensee.
3.4. The Licensee agrees not to reproduce or assist others in reproduction of the PS Solution source code or its components. The Licensee agrees not to decrypt or decompile, nor in any way alter the PS Solution or its components, except where permitted by mandatory provisions of law.
3.5. Using the PS Solution is limited by the principles set out in the Proof of Entitlement.
3.6. The Licensee may make a backup copy of the PS Solution media, if such is necessary in order to use the PS Solution. The Licensee shall immediately mark the copy with a description containing the words “backup copy”.
3.7. During the term of the License, the Licensee agrees to keep records of any copies of the PS Solution media. At the request of the Licensor, the Licensee shall disclose to the Licensor the content of these records.
3.8. The Licensee shall allow the Licensor to audit compliance with these License Terms. For this purpose, Licensee shall provide by Licensor, or a person authorized by the Licensor, Licensee’s resources associated with the PS Solution. The Licensee’s resources will be subject to legal protection of certain types of information. The Licensor is obliged to inform the Licensee of the scheduled audit in advance. Costs of the audit shall be borne by the Licensor, who shall be committed to ensure that these actions do not hinder the current activity of the Licensee.

IV. TERM AND TERRITORIAL SCOPE OF THE LICENSE
4.1. The License is granted for the period specified in the Proof of Entitlement.
4.2. The License is effective from the date indicated in the Proof of Entitlement.
4.2.1. The Licensee may use the PS Solution on the territory specified in the Proof of Entitlement

V. OWNERSHIP OF THE MEDIA
5.1. In the event of the Licensor issues PS Solutions media or manuals to the Licensee, the Licensor thus transfers ownership of the media and manuals to the Licensee upon issue. List of media and PS Solution manuals shall be indicated in a separated statement prepared by the Licensor and received by the Licensee.
5.2. Transfer of ownership of manuals does not transfer the copyrights of license to exercise these rights in relation to the manuals. Copying the manuals is not permitted, except in cases where such permission is mandated by provision of law.
5.3. In the event of termination of this License, the Licensee shall, at his own accord, immediately transfer ownership and release of all PS Solution media and manuals to the Licensor or ensure their immediate destruction.

VI. TERMINATION OF THE LICENSE
6.1. The Licensor may terminate the License with a thirty (30) day notice, if the Licensee violates its provisions. Termination of the License by the Licensor shall be made in writing.
6.2. Prior to termination the License, the Licensor shall request the Licensee in writing to cease the violation, for which he shall designate a time period of not less than seven (7) days.
6.3. In the event of termination of this License, the Licensor reserves the right to remuneration.

VII. RIGHT OF WITHDRAWAL
7.1. The Licensee may not withdraw from this License, unless the right of withdrawal cannot be excluded in view of the mandatory provisions of law.

VIII. BASIS SERVICE
8.1. During the initial thirty (30) days of the License, the Licensor shall provide the Licensee with basis service for the PS Solution.
8.2. As part of basic service for the PS Solution, the Licensor:
8.2.1. Provides the Licensee with technical support (via telephone, e-mail or online support system) in solving possible issues with the PS Solution in terms of:

  • installation and configuration. 
    • interpretation of error messages; 
    • identifying the causes of malfunction; 
    • finding methods to address the identified problems; 
    • identifying basic procedures and functions in the interface.

8.3. The Licensor provides basic services on weekdays between 10.00 AM – 4.00 PM.
8.4. The Licensor does not provide basic service for the PS Solution test and evaluation licenses.

IX. EXTENDED SERVICE
9.1. The Licensee may acquire extended service for the PS Solution.
9.2. Confirmation of Licensee’s entitlement to the extended service for the PS Solution and its specific conditions for the perpetual license is the Proof of Extended Service Entitlement.
9.3. In relation to a fix term license, the Licensor provides extended service for the PS Solution for the duration of the license.
9.4. As part of extended service for the PS Solution, the Licensor:
9.4.1 Provides the Licensee with technical support (via telephone, e-mail or online support system) in solving possible issues with the PS Solution in terms of:

  • installation and configuration. 
  • interpretation of error messages; 
  • identifying the causes of malfunction; 
  • finding methods to address the identified problems; 
  • identifying basic procedures and functions in the interface.
  • basic clarification of definitions and assumptions, methods of calculation and presentation of results;
  • identifying procedures which can be used for a particular purpose;
  • obscure examples in the documentation;
  • insufficiently documented functions and procedures;
  • help in launching procedures.

9.4.2. provides the License with all new and improved versions of PS Solutions, introduced to the market during the term of Licensee’s entitlement to the extended service for the PS Solutions, within thirty (30) days from the date of the commencing distribution of these versions by the Licensor.
9.5. The Licensor provides extended service on weekdays between 10.00 AM and 4.00 PM.
9.6. If, in the course of execution of extended service for the PS Solution, the Licensor provides the Licensee with new versions of the PS Solution or its components, license includes authorization to use, at the option of the Licensee, only one version of the PS Solution.
9.7. Subject to the relevant provisions of the License Terms, the Licensee shall have the same rights with respect to new versions of the PS Solution and its component, provided to the Licensee as part of extended service for the PS Solution, as with respect to the original version.
9.8. The Licensor shall make every effort, including due diligence exercised by vendors of widely available software, in order to remove bugs and errors of the PS Solution in subsequent new or improved version of the PS Solution. However, the Licensor is not responsible for the result of correcting all errors and bugs of the PS Solution or its components.
9.9. The Licensor does not provide extended service for the test and evaluation licenses of the PS Solution.
9.10. The Licensor provides the Licensee with extended service for the PS Solution through the Licensor’s Technical Representative specified in the Proof of Extended Service Entitlement

X. LICENSOR’S LIABILITY FOR DEFECTS AND FAULTS
10.1. The Licensor shall grant the Licensee a warranty for the PS Solution media within thirty (30) days from the date of delivery.
10.2. Rights of the Licensee under warranty granted for the PS Solution media are confined to request for replacement of faulty media within fourteen (14) days from the date of request by the Licensee.
10.3. Liabilities described in the License Terms cover liability of the Licensor and the suppliers of PS Solution components for defects and faults of the media as well as the PS Solution and its components.

XI. LICENSOR’S LIABILITY FOR DAMAGES
11.1. Subject to paragraphs 11.2 and 11.3, neither the Licensor nor the suppliers of PS Solution components shall be liable for damage resulting from the License or arising in connection with the use of PS Solution.
11.2. If the damage is the result of a legal defect in the PS Solution, the Licensor is responsible for the actual loss incurred by the Licensee, but not exceeding the equivalent of the net amount actually received under this License.
11.3. Restrictions on liability shall not apply if the damage occurred as a result of wilful misconduct.

XII. IBM SOFTWARE
12.1. In the event that IBM Software constitutes a component of the PS Solution:
12.1.1. it shall be specified in the Proof of Entitlement,
12.1.2. the Licensee may use this IBM Software only with the PS Solution, to the extent specified in the License Terms – it is not acceptable to use the IBM Software separately from the PS Solution,
12.1.3. the Licensee shall familiarize himself with electronic documentation contained in the IBM Software (“readme” files, etc.) – this documentation may contain important information regarding the use of IBM Software.
12.2. IBM does not grant the Licensee any warranties with respect to this software, in particular, quality assurance or guarantee of the program’s fitness for a particular purpose.

XIII. MAPS
13.1. In the event that maps constitute a component of the PS Solution:
13.1.1. they shall be specified in the Proof of Entitlement,
13.1.2. the PS Solution shall include SMZ format data files containing the maps (Maps),
13.1.3. the license includes the Licensee’s right to use the Maps,
13.1.4. the Licensee may use the Maps only with the PS Solution, to the extent specified in the License Terms – it is not acceptable to use the Maps separate from the PS Solution
13.2. The Licensor represents that the Maps were created by the Licensor on the basis of data files containing maps by EMAPA S.A. with its seat in Warsaw (EMAPA)
13.3. The Licensee agrees that neither the Licensor nor EMAPA shall be liable for the Maps, in particular, their accuracy and timeliness, as well as usefulness of the Maps for specific purposes and the consequences of there selection and use.

XIV. SOFTWARE OF OTHER MANUFACTURES
14.1. If the PS Solution includes third party software, other than those specified in the License Terms, the conditions for use of this software shall be specified in license terms set by those entities.

XV. FINAL PROVISIONS
15.1. This Agreement shall be governed by the law of The Netherlands.
15.2. The Licensor and the Licensee shall endeavour to resolve any disputes arising in connection with the License and use of the PS Solution by way of non-judicial negotiation. In the event that the Licensor and the Licensee are not able to reach an amicable settlement of differences, the dispute shall be settled by the locally and materially component Dutch court.