The following product terms are taken directly from within the Licenseware platform via https://app.licenseware.io/terms-and-conditions :
This document (the„Terms”) states the terms and conditions upon which LICENSEWARE TECHNOLOGY SERVICES S.R.L., a Romanian limited liability company, headquartered at 1 Independenței street, Slobozia, Ialomița county, registered with the Trade Registry under no. J40/9171/2020, UIC 42866470 (hereinafter, “the Company”, “we”, “our” or “us”), will provide services to you via the Licenseware application (the “App”) accessible by activation in your account created at https://app.licenseware.io (the „Website”).
By visiting the Website, accessing and using the App, you express your understanding and acceptance of these Terms. As used in this document, the terms “the Client”, “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, please cease using the App and notify us immediately about your disagreement at firstname.lastname@example.org.
These terms are meant to explain to you as clearly and transparent as possible the way you may use the App. As such, the document is subject to continuous modifications – we recommend you refer to this document with regularity, to be informed about its latest updated version. Continued use of the App after any such updates shall constitute your consent to them.
1) The App
The Company offers you access to the App, from your user account dashboard. After activating the App, you may use it to analyse IT infrastructure data related to hardware and software (the „Purpose”)
Through the App, the Company provides to you the following services (the „Services”):
- Analysis of hardware asset inventory and device topology creation;
- Analysis of software asset inventory;
- License management analysis and reconciliation;
- Software asset catalog creation;
- Management of multiple projects with tenant isolation;
The Services provided through the App are meant only for Clients who accept these Terms and may be used only after accepting such Terms. Insofar as it is necessary, according to the legal provisions or the requests of any authority, as well as based on suspicions of fraud or damage to its systems, the Company may ask any Client and/or any representative thereof to prove their legitimacy as a user, by asking them to supply additional information or documents. In this case, the Company will not process any Personal Data (as defined in Section 9 below) contained in the additional information/documents being offered but for proving the legitimacy of the Client.
If while using the App you notice any elements which could indicate the inappropriate functioning of the App, you may contact us by e-mail at email@example.com.
2) The user account
The App is available only for Clients who created a legitimate user account, by providing their name, e-mail address, password, and other information requested in order to complete the signup process. Accounts registered by “bots” or other automated methods are not permitted and, if discovered, shall be automatically terminated by the Company with a prior notice being sent to the User Account holder. The user account may only be used by one Client – a single account shared by multiple persons is not permitted unless otherwise agreed with the Company. You are responsible for maintaining the security of your account and password and ensuring that your login details are used by only the designated individual/individuals according to your contractual relationship with the Company. The Company will not be liable for any loss or damage from your failure to comply with this security obligation.
To the extent that the information you provide when signing up in the App is false, inaccurate, or incomplete, the Company, following the finding of this fact directly or as a result of a notice, may temporarily cancel or suspend your access to the account or the transactions carried out in this account, in whole or in part, or may refuse to provide any or all of the Services available under the App.
You are responsible for all content uploaded and activity that occurs under your account. You may not use the App otherwise than for the Purpose or to carry out illegal or unauthorized activities. You must not, while using the App, violate any laws (including but not limited to copyright laws) that may be applicable to you. At the same time, you may not use the App contrary to the provisions in the contractual arrangement concluded with the Company.
Access to the App is subject to the Client paying a subscription fee which is formally quoted by Licenseware prior to utilising the app (the „Subscription Fee”), if a quotation nor commercial agreement has been arranged, please email firstname.lastname@example.org. The Company reserves the right to change any of the Subscription Fees, which will be applicable starting with the next payment due by you to the Company. In such cases, the Company will inform you beforehand in the App and using the email address inserted when creating their user account about the date when the new Subscription Fees will be applicable.
The Company offers a free tier to use the App within certain limits. You can use the App free of charge to analyze up to 16 databases or devices per month. The free tier resets every calendar month and you may benefit from it until we decide to discontinue it.
Payments shall be made via bank transfer, according to the invoices issued by the Company, unless otherwise agreed in a separate document between you and the Company. We do not offer any refunds regardless of the reason for which a refund might be requested.
4) Intellectual Property
The Company is the owner and/or licensee of all the rights over the content of the App and of the Website (including, but not limited to images, texts, trademarks, logo, web graphic elements, scripts, applications and databases). All rights, titles and interests in the App and/or Website, including without limitation the intellectual property rights, as well as any ideas, know-how or programs developed by the Company during the provision of the Services and ensuring access to the App, including any other information or changes by the Company will remain the property of the Company permanently.
The use of the App and/or Website is licensed, not sold, to you for use only under these Terms, unless a separate license agreement and/or contractual arrangement with the Company provides otherwise, in which case the terms of that separate license agreement and/or contractual arrangement will govern. It is forbidden to use any of the content elements included in the App and/or Website, otherwise than for the Purpose without the prior written consent of the Company
You may not, or cause or permit others to:
remove or modify any program markings or any notice of the Company’s or its licensors’ proprietary rights or remove, modify or alter any part of the App including, but not limited to: source codes, object codes, design elements or other applications contained therein and created by the Company or existing in other archives or backups held by the Company, as appropriate;
modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the App (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to ours;
license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the App available;
We claim no intellectual property rights over the material you upload in the App. Your data and materials uploaded remain yours, and you can delete them from App at any time or instruct us to delete them at any time.
5) Functioning of the App
The App is provided on an “as is” and “as available” basis, without any warranty or condition, either express or implied. The Company is not responsible and does not guarantee the continuous operation of the App and their availability to the Client. The Company reserves the right to modify or temporarily interrupt your access to the App, at any time, after giving a prior notice informing you of the reason and duration of the interruption.
We make efforts to ensure a seamless functioning of the App. Whilst the Company endeavors to, it does not warrant that (i) the App will meet the Client’s specific requirements, (ii) the access to the App will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the App will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the App will meet your expectations, and (v) any errors in the App will be corrected.
The Company is not liable to the Client, or third party for the interruption or suspension of the App nor for losses, direct or indirect, of business opportunities or opportunities or for benefits not realized by the Client or third parties with whom the Client is in contact, as a result of the malfunction or improper operation of the App.
The Client will use the App so that, through their own conduct, they do not disturb its normal operation, and the Client is liable to the Company for any damages suffered by it and which were caused by non-compliance by the Client with the obligations provided in their charge by these Terms.
The Company implements and maintains practices and procedures, which are periodically reviewed, to ensure the security of the systems used to host and operate the App. These practices and procedures are intended to reduce the vulnerability of the Company's systems to accidental loss, unlawful intrusion, unauthorized access, disclosure or modification or improper behavior that may interfere with the Company's systems or otherwise divert or affect the Client's content or use of the App.
The Client accepts that the Company makes no representations or warranties regarding the level and operation of the security procedures of the App.
7) Limitation of liability
Under no circumstances will the Company be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting of any aspect of the Client’s use of the App and materials of the Company, regardless of whether such damages are the result of:
the use, misuse or the inability to use the App;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into as a result of using the App;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service;
any other matter relating to our Services.
You expressly agree that your use of the App is at your sole and exclusive risk, and in the event that you are involved in a dispute with any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services provided by the Company.
8) Account termination
The Client may terminate their account at any given time. Account termination is the Client’s exclusive responsibility, unless otherwise provided in any other contractual arrangement between the Company and the Client. Once the account is terminated, all of the Client’s data and materials uploaded up until that point will be deleted from the App. This information cannot be recovered once the account is terminated, since such information may be deleted by the Company.
When you are using the App, we may need to collect personal data to provide you the Services. ”Personal Data” means the data which can directly or indirectly identify you, and may include, among others, your email address, name, surname, phone number, IP address, as well as any other information that is associated with the foregoing Personal Data that are automatically collected when you use the App, such as network internet providers, network bandwidth usage statistics.
We may also collect and process information regarding your usage of the App for the purpose of improving the quality and performance of our products, including, but not limited to: App versions used, debugging data, location information, and other usage information and analytics of usage data from your device network and any information collected considered as Personal Data under applicable legislation (collectively “Usage Information”).
10) Final clauses
If any term, covenant or condition of these Terms or the application thereof to any party or circumstances is, to any extent, held to be invalid or unenforceable, then the remainder of these Terms, or the application of such term, covenant or condition to parties or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term, covenant or condition of these Terms will be valid and be enforced to the fullest extent permitted by law.
The Terms as well as any contractual obligation deriving from or in relation with them will be construed according to the Romanian laws. The Romanian courts have the exclusive jurisdiction for settling any litigation related to the use of the App and of these Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the App, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms and Conditions). Questions about these Terms should be sent to email@example.com.