|TERMS AND CONDITIONS FOR USE OF DYBUSTER SHOP AND DYBUSTER SOFTWARE
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY ORDERING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE PROVIDED SOFTWARE ("SOFTWARE" AS DEFINED BELOW), YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT ORDER, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. THIS AGREEMENT DOES NOT APPLY TO CLIENTS IN SWITZERLAND, GERMANY AND AUSTRIA.
"Software" means all software components that are provided by Dybuster including any associated documentation and services made available by Dybuster. It also applies to any updates, upgrades, supplements and add-on components that Dybuster may subsequently provide.
2. License grants, restrictions and limitations.
Subject to the terms and conditions of this agreement and payment of all applicable fees, Dybuster ("licensor") grants the client ("licensee") a non-exclusive, non-transferable right to install and use the Software. The licensee is not allowed to rent, sell, lease, lend, license, sublicense, distribute or otherwise transfer the Software in whole or in part.
2.1. Individual license. The license to install and use the Software is "per user". The licensee may not transfer, rent, sell or otherwise share the Software with anyone else. He/she may, however, install and use the Software on more than one machine for his/her personal use. The licensee may make one copy of the Software solely for back-up purposes, provided such copy contain the same proprietary notices as appear in the original copy of the Software.
2.2. Institutional license. The licensee may use, install and distribute the Software to students, faculty and staff solely based upon the number of users for which the license has been purchased. He/she shall advise such students, faculty and/or staff that use of the Software is strictly governed by the terms and conditions of this agreement. The licensee may make one copy of the Software solely for back-up purposes, provided such copy contain the same proprietary notices as appear in the original copy of the Software. Any faculty, staff or student who ceases their association with the licenseeís academic or research institution shall not be permitted to use the Software without first obtaining a valid individual license for the Software.
2.3. Duration. The licenses and the agreement are valid until the end of the 12-month-period following the purchase of the licenses. One month prior to the expiration date Dybuster will ask the client by email to renew the license via the web-shop. If the client does not agree to renew the license Dybuster will terminate his/her license automatically when the valid period ends. The licensee may terminate the agreement at any time by sending a written notice (e.g.email) to Dybuster. No refund will be made for the remaining months if the agreement is terminated early.
3. Proprietary rights and ownership
The Software is licensed, not sold. All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the Software remain the exclusive property of Dybuster. Such rights are protected by copyright laws and other intellectual laws and international treaty provisions.
4. Updates, upgrades and support
Dybuster reserves the right to update its Software from time to time due to obsolescence or to correct known issues with the product. The Software may as well be upgraded with new products or new solution releases at the licensorís discretion. These updates and upgrades shall be available to the licensee for download on the internet during the 12-month-period at no costs.
Support is available as per the access confirmation in the event a licensee is having difficulty with accessing the content only, but not for questions about the educational use of the Software or other advice with respect to therapy or training. Coaching, training, or ask-the-expert type support is available separately from Dybuster and may be offered for an additional fee. Unless agreed upon separately the free technical support is only available through Dybusterís website/email.
The licensee agrees to make every attempt to safeguard his data and other files during installation, when upgrading, or when installing an update. Dybuster does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating the Software. Hard disks should be backed up on a regular basis and should always be backed up before the start of any installation tasks.
6. Pricing and payment
Prices quoted on Dybusterís web site are valid at the time of purchase. They are indicated and invoiced in Euros, US-Dollars and English Pounds. Prices for purchases in US-Dollars and English Pounds are exclusive of taxes. In case of invoices in Euros, the VAT is included.
The online payment with VISA and/or MasterCard is made on the secured server of saferpay, which guarantees the security and confidentiality of your transaction. Dybuster itself does not store any credit card information. Dybuster delivers a license number and an invoice by email against advance payment by credit card. No CD-ROM or packaged version of the Software will be sent by postal mail.
Dybuster collects and stores all information entered by the client on Dybusterís web site or provides in any other way on its web server except from credit card information. Dybuster will not use or disclose any information obtained for anything else than account-management purposes and communication with the client.
The licensees agree that the licensor may store usage data from the Software from their computers on Dybusterís server. The data collected contains usage data as well as data necessary for license validation.
Dybuster does not provide this information to third parties or use it to send the client unsolicited email.
8. Limited warranty
Dybuster warrants that the Software will perform in accordance with the functional and technical specifications in the user documentation as long as the client has used the Software as specified in the documentation. The warranty does not cover failures resulting from the equipment environment or from abnormal utilization of the equipment or as a result of modification of the Software. In the unlikely event of any fault in the Software the licensor shall rectify said fault when reported by the licensee in writing within a reasonable period. In addition the licensor does not make any guarantee to the licensee in regards to the overall therapeutic effectiveness of the Software.
9. Disclaimer of warranties
Under no circumstances will Dybuster be liable for indirect, special, incidental, economic or consequential damages, regardless of the nature of the claim, including without limitations lost profits, costs of delay, loss of use, costs of damaged data or documentation or liabilities to third parties arising from any source. Under no circumstances shall the liability of Dybuster to client or any other party exceed, in the aggregate, the amount which the client has paid for the Software. Where Dybusterís liability is excluded or limited, this also applies to the personal liability of Dybusterís employees, representatives, and people performing duties on behalf of Dybuster.
The license is effective until terminated. The license shall expire after the 12-month-period following the date of purchase unless it is renewed. The licensee may terminate the agreement by sending a written notice (e.g.email) to Dybuster. In the event of termination, the licensee agrees to destroy the Software, related documentation and all allowable copies thereof (including backup copies). The license is subject to immediate termination if client fails to comply with any provision of this agreement. No refund will be made for the remaining months, if agreement is terminated early.
11. Applicable law
This agreement shall be governed by the laws of Switzerland. The place of jurisdiction for all disputes arising directly or indirectly out of the contract shall be the licensorís place of business. However, the licensor may also bring an action at the licenseeís place of business.
12. Final provisions
This agreement constitutes the entire agreement between Dybuster and the client. Changes or additions to the terms and conditions of the license must be in writing and signed by both the client and Dybuster.
If any provision of this agreement is found invalid or unenforceable, it shall be enforced to the maximum extent permissible so as to represent the intent of both parties. The remainder of this agreement shall continue in full force and effect.
For any questions concerning this Terms and Conditions, please contact us.