End User License Agreement for GDPR Cookie Consent Module

 

General I-Produkts and GDPR Cookie Consent Module license

 

This End User License Agreement governs the terms and conditions under which you will enter in a business relationship with us and with its acceptance or signature (depending you are agreeing digitally to the terms and conditions herein or you are signing a hard copy version of this EULA) you are bound by this EULA. This EULA is the legal contract producing rights and obligations between you and I-Produkts for the product and services encompassed hereinabove.

1. Definitions

The following expressions shall have the following meanings assigned to them in this End User License Agreement (hereinafter referred as “EULA” or “the Agreement”), unless the context expressly provides otherwise:

“Documentation”  A description of functionality, installation and use of the Software issued from time to time by Licensor either in hardcopy or in digital form.

“DotNetNuke” means the software framework used to create the website.

IT-system” The Licensee installation of Computers, Servers, Network etc. on which the Software shall operate regardless of whether the IT-system is operated by the Licensee itself or by a third party.  

Licensor”                         I-PRODUKTS DOOEL a Company incorporated under the laws of Macedonia that is developing, producing, supporting, marketing and/or selling software and consultancy services, individually or through its authorized partners or distributors.

“License” The right to Use the Software according to the terms and conditions of this EULA.

Licensee” An individual or a legal entity accepting digitally and/or signing in written this EULA where in the capacity of a Licensee or in any other capacity, which shall not re-sell, transfer, publish, disclose, display, modify, copy, decompile in whole or in part in any way, or remove any trade or other marks of the Software or otherwise make available to others any source code, object code or executive, documentation, or other material relating to the Software without expressed written approval by the Licensor or unless arranged to do it so under the terms and conditions of this EULA.

"Software" (a) The GDPR Cookies Consent Module solution by Licensor, user guides and any other accompanying materials (“the Materials”) in the Software

(b) Upgrades, derivatives, modified version, updates, additions if any obtained by the Licensee under a Software Maintenance Agreement with the Licensor (collectively, "Updates").

 

 “New Release” Any enhanced or modified version of the Software from time to time issued by the Licensor or its authorized partners.

 

"Use" or "Using"                    Includes, access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

 “User Guide”  means the documents supplied as part of the Materials detailing the correct use of the supplied software.

 

 

 

2. Software License

2.1 Scope

By accepting this End User License Agreement, the Licensee obtains a restricted, non-exclusive License to Use the Software on its IT-system for the purposes described in the Documentation and this EULA.

The Licensee obtains the License by accepting this EULA as mandatory requirement for download and installation of the Software.

2. 2. General use

The Licensee may install and/or Use a copy of the Software on its IT-system for its personal Use and for the purposes of its business, in case Licensee is a legal entity. The Licensee is prohibited to Use the Software for the purposes of selling or in any way offering the same or its functionalities against any compensation on the market.

 

2.3. Server use

Server components of the Software are licensed for a Licensee.

Provided that Licensee’s usage is within the limits given in Licensee’s valid license, Licensee may install and use copies of server components of the Software on one or several computer file servers as it best suits the Licensee company network topology and geographical distribution of organizational units.

 

2.4. Back up copy

Licensee may make one or more backup copies of the Software, provided the backup copies are not installed or actively used on any IT-system. Licensee may not transfer the rights to a backup copy unless Licensee transfers all rights of the Software as provided in Section 4.

2.5 Available License Models

2.5.1 SINGLE DOMAIN LICENCE

THIS LICENCE PERMITS THE LICENSEE TO INSTALL THE SOFTWARE ON A SINGLE DNN® DOMAIN/SUBDOMAIN WITHOUT ADDITIONAL FEES OR LICENCES. EACH ADDITIONAL DOMAIN/SUB-DOMAIN WILL REQUIRE AN ADDITIONAL LICENCE.

2.5.2 THREE DOMAIN LICENCE

THIS LICENCE PERMITS THE LICENSEE TO INSTALL THE SOFTWARE ON (3) THREE DNN® DOMAIN/SUB-DOMAIN NAME COMBINATIONS WITHOUT ADDITIONAL FEES OR LICENCES. EACH ADDITIONAL DOMAIN/SUB-DOMAIN WILL REQUIRE AN ADDITIONAL LICENCE.

2.5.3 TEN DOMAIN LICENCE

THIS LICENCE PERMITS THE LICENSEE TO INSTALL THE SOFTWARE ON (10) TEN DNN® DOMAIN/SUB-DOMAIN NAME COMBINATIONS WITHOUT ADDITIONAL FEES OR LICENCES. EACH ADDITIONAL DOMAIN/SUB-DOMAIN WILL REQUIRE AN ADDITIONAL LICENCE.

2.5.4. Order and Installation

The the Software is purchased through a 3rd Party Store, called DNN Store. Once the Licensee confirms the order and chooses the above listed domain licenses, the DNN store sends a confirmation email to the Licensee with the following information:  

  1. Name of the Buyer
  2. License Key Number
  3. License Type
  4. Price Paid

The user logs in to his website DNN Account, installs the Software, through the Module installer. Once installed the user enters the License Key in order to Activate the  purchased module of the Software to the domain(s), depending of the License type it has purchased.

 

3. Intellectual Property Rights

The Software and any copies the Licensee is authorized to make are the intellectual property of and owned by the Licensor as its sole proprietary. The structure, organization and source and object code of the Software are valuable trade secrets and confidential information of Licensor.

The Software and all its components, Materials, Documentation and User Guide, is protected by copyright, and are deemed to be trade secrets, no matter if registered or not, including without limitation by international treaty provisions and all applicable laws worldwide.

The Licensee may not use the Software, except as set forth in Section 2 ("Software License").

Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.

The Licensee is prohibited to modify, enhance or in any way adjust, adapt or translate the Software without Licensor expressed written consent.  

The Licensee is prohibited to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent it may be expressly permitted to decompile under applicable law, or if it is essential to do so in order to achieve operability of the Software with another software program, provided that the Licensee has first requested the Licensor to provide the information necessary to achieve such operability and the Licensor has provide such information and granted approval within reasonable time.  The Licensor shall be entitled to impose reasonable conditions and to request payment from the Licensee of a reasonable fee before providing such information. Any information supplied by the Licensor or obtained by the Licensee as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression or functionality and purpose of the Software.  Requests for information should be directed to the Licensor in writing.

Except as expressly stated above, this Agreement does not grant Licensee any intellectual property rights to the Software or any of its components, Materials or Documentation.

Licensee shall ensure that, prior to use of the Software and the Materials by its employees or agents, all such parties are notified of the actual license model the licensee has acquired and of the terms and conditions of this EULA. 

 

4. Transfer

The Licensee may not transfer or assign, rent, lease, sell, sublicense or authorize all or any portion of the Software to be copied and used by another person or legal entity other than as specified in Section 2 above, nor transfer or assign to any third party this Agreement, unless explicitly confirmed and agreed to in writing with the Licensor to do so.

Licensor may transfer or assign the Software or this Agreement to a third party without requiring prior approval from Licensee.

5. Privacy

We respect and protect your privacy. The Licensor will maintain all user created data and information in strict confidence (unless a user wishes to publish it) according to applicable law. The Licensor will take the same care to protect Licensee's information as would do with information that belongs to the Licensor itself.

 

 

5.1. PRIVACY of Personal Data

We respect the privacy of individuals and companies with regards to their personally identifiable data (“Personal Data”) and are committed to protecting the privacy of our customers & subscribers (“Users”). This privacy policy describes how your Personal Data is collected and used and informs your choices with respect to your Personal Data. The following discloses our information gathering and dissemination practices.


a. Purpose of Personal Data collected

Personal Data that you provide to us voluntarily will be processed for the following reasons ("Purposes"):

 

 

  1. Typical Personal Data gathered is usually:
    1. Name and Surname;
    2. Email address;


b. Storage and Retention of Personal Data

Your Personal Data shall be stored in servers, which are located within the EU and are accessed by us and our service providers. Any Personal Data supplied by you will be retained by our organization and our Service providers as long as necessary for the fulfilment of the Purposes stated above or as required to satisfy legal regulatory, accounting requirements and/or to protect our interests. Our main Service provider and processor is identified in our [https://www.gdprcookieconsent.com/privacy-and-cookies-policy] and [https://www.gdprcookieconsent.com/Terms].


c. Any and all further arrangement regarding your Personal Data and its processing shall apply from the above stipulated Privacy and Cookies Policy and Terms and Conditions available on our website [ https://www.gdprcookieconsent.com ]. By accepting this EULA, you agree and provide consent to accept such Privacy and Cookies Policy and Terms and Conditions and our processing of your Personal Data for the purposes stated herein in this EULA.

 

5.2. CONSENT

 

a. We shall use your Personal Data based solely on lawful purpose per applicable regulation. We only keep Personal Data for as long as is necessary to satisfy the specified Purposes, for which it was collected. We retain Personal Data in accordance with our guidelines, procedures and principles and in line with applicable legislation. We may disclose your Personal Information to a Service provider. "Service provider" in relation to processing Personal Information means any person or entity who processes the Personal Information on behalf of us, while providing us with a service to be able to offer you the best possible products and services in return. "Processing", in relation to Personal Data includes, but may not be limited to, collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction to support our business activities regarding the aforementioned Purposes. These Service providers will treat your Personal Data as confidential, in accordance with all applicable data protection legislation and will process such Personal Data only for the Purposes and within the terms set out herein. We may disclose your Personal Data if we are required to do so by law or requirement of a competent authority.

b. At any time, you can withdraw your consent for us to process your Personal Data and request deletion of the same by emailing our Customer Support team as shown in the last section of this End User License Agreement. Please be advised that in case this occurs you may not be able to fully utilize the product and services we provide, as some of our offering is directly depended on you providing us with your Personal Data. It is however your free choice to decide on this.  

 

6. Warranty

 

Licensor warrants that it has sufficient right and interest in the Software to grant the licenses herein.

 

Licensor shall defend, indemnify and hold harmless Licensee from and against any and all damage, cost and expenses (including reasonable attorneys' fees) incurred as a result of any claim, suit or proceeding brought against Licensee based on a claim that the use of the Software constitutes an infringement of any patent or copyright, or an unauthorized trade secret use; provided that Licensor has been notified promptly in writing of such claim, and given authority, information, and assistance (at Licensor's expense) to handle the claim or the defense of any suit, proceeding or settlement.

 

In the event that the Software or any part thereof is in such suit held to constitute an infringement and/or its further use is enjoined by third parties, Licensor shall, at its own expense and at its option either:

a) Procure for Licensee the right to continue the use of the Software, or

b) Replace the same with non-infringing Software of equivalent function and performance, or

c) Modify Software so that it becomes non-infringing without detracting from function or performance.

This shall be the sole and exclusive remedy the Licensor will be obligated to extend to the Licensee.

7. Limitation of Liability

THE SOFTWARE IS PROVIDED BY LICENSOR TO LICENSEE “AS IS”. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES ON PART OF THE LICENSEE FOR THE LICENSOR’S BREACH OF WARRANTY. THE LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THE LICENSEE MAY OBTAIN BY USING THE SOFTWARE.

EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE  IN THE LICENSEE’S JURISDICTION, THE LICENSOR MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

The provisions of this Section 7 shall survive the termination of this Agreement, whatsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement.

IN NO EVENT SHALL THE LICENSOR BE LIABLE TO THE LICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT JURISDICTION. THE LICENSOR’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

8. Governing law

This Agreement will be governed by and construed in accordance with the substantive laws in force in the Republic of Macedonia. The Macedonian courts shall have exclusive jurisdiction over all disputes relating to this Agreement.

9. General Provisions

If any part of this End User License Agreement is found void and unenforceable, it will not affect the validity of balance of the Agreement, which shall remain valid and enforceable according to its terms.

This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorized officer of the Licensor.

Updates may be licensed to Licensee by the Licensor with additional or different terms.

This is the complete agreement between the Licensor and the Licensee relating to the Software and it supersedes any prior agreements, representations, discussions, undertakings, communications or advertising relating to the Software.

10. Compliance with Licenses

The Licensee shall be obliged - upon request from the Licensor - within thirty (30) days to fully document and certify that use of any and all of the Licensor’s Software at the time of the request is in conformity with the valid licenses terms and conditions.

Licensor shall have the right to inspect the premises of Licensee to satisfy itself of compliance if the presented documentation does not convince Licensor of compliance.  

LICENSEE EXPRESSLY ACKNOWLEDGES TO HAVE READ THIS AGREEMENT AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET IN THIS END USER LICENSE AGREEMENT.

BY INSTALLING THE SOFTWARE, LICENSEE EXPRESSLY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET HEREIN.

I-PRODUKTS DOOEL Skopje

11-ti Oktomvri, 33A, Skopje, Macedonia

Phone: + 389 2 30 97 400

Fax:     + 389 2 30 97 414   

Email: info@gdprcookieconsent.com

URL: https://www.gdprcookieconsent.com   

All documents prepared or furnished by I-Produkts DOOEL and the copyright therein shall remain the property of I-Produkts DOOEL.