Introduction
These terms and conditions (“Terms of Service”) apply between the user of the services described herein (“you”) and X-Formation ( X-Formation Denmark ApS or X-Formation Sp. z o.o., depending upon which company you purchased products or services from), when you access or use Software as a Service (SaaS) online solutions owned and operated by X-Formation (“X-Formation Services”), including License Activation Center.
Please read these Terms of Service carefully before accessing or using X-Formation Services. By accessing or using X-Formation Services, you agree to become bound by these Terms of Service. If you do not agree to all the terms and conditions contained herein, then you will not be granted access to X-Formation Services.
1. Use of X-Formation Services, Accounts, and Passwords.
If you create an account for the use of any X-Formation Services, you are entirely responsible for maintaining the confidentiality of your accounts and passwords, and you are fully responsible for all activities that occur under your accounts and any other actions taken in connection with the accounts. You must immediately notify X-Formation of any unauthorized uses of your accounts or any other breaches of security. X-Formation will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. General Representation and Warranty.
You represent and warrant that (i) your use of X-Formation Services will be in strict accordance with the X-Formation Privacy Policy, with these Terms of Service and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of X-Formation Services will not infringe or misappropriate the intellectual property rights of any third party.
3. Intellectual Property.
These Terms of Service do not transfer from X-Formation to you any X-Formation or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with X-Formation.
3.1. Logos and Trademarks of X-Formation Services.
Your use of X-Formation Services grants you no right or license to reproduce or otherwise use any X-Formation trademarks, service marks, graphics or logos used in connection with X-Formation Services, including those for X-Formation, License Statistics, License Activation Center, and LM-X License Manager. Also, any reproduction, distribution, modification, or publication of the content found in any of the aforementioned services is prohibited.
4. Changes to Terms of Service.
X-Formation reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service, in which case we will provide notice of such changes by updating the “Last modified” date above. Your continued use of or access to X-Formation Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. X-Formation may also, in the future, offer new services and/or features through X-Formation Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Service.
5. Modification to Prices and Billing Terms.
X-Formation reserves the right, at any time, to change its prices and billing terms and methods for X-Formation Services, effective immediately upon email delivery to you.
6. Term.
These Terms of Service become effective on the date X-Formation issues an invoice for an accepted order to use X-Formation Services. These Terms of Service will continue from month to month until terminated by either party pursuant to the terms and conditions provided for herein.
7. Termination.
You may terminate these Terms of Service at any time without cause by providing a thirty (30) days written notice, upon which your right to use your X-Formation Services accounts immediately ceases. You may also stop using your user accounts (stop logging in) without any financial consequences of your decision.
8. Refunds.
X-Formation maintains a no refund policy, because X-Formation Services are offered on pay-as-you-go terms; therefore, subscription fees are non-refundable.
9. Backups.
X-Formation takes regular backups of its customers’ data and stores it in a highly secure environment. On your part, you are responsible for taking backup copies of any and all your data, files, and documents created and saved by using X-Formation Services. X-Formation will not be responsible or held liable for any damage due to data, files or documents being destroyed, lost, or changed, or for the costs related to such damage.
10. Access to X-Formation Services.
X-Formation will use reasonable efforts to ensure that X-Formation Services are available twenty-four hours a day, seven days a week. However, there will be occasions when X-Formation Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by X-Formation to minimize such disruption where it is within X-Formation’s reasonable control.
10.1 Maintenance and Updates.
X-Formation reserves the right to update X-Formation Services with new features and/or fixes.
11. Indemnification.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS X-FORMATION AND ITS RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
12. Disclaimer of Warranties.
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, X-FORMATION FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL X-FORMATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF X-FORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability.
IN NO EVENT SHALL X-FORMATION AND ITS RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF X-FORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. X-FORMATION ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.IN NO EVENT SHALL X-FORMATION AND ITS RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, X-FORMATION SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND X-FORMATION AGREE THAT IN NO EVENT SHALL LIABILITY OF X-FORMATION TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY.YOU AND X-FORMATION AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND X-FORMATION. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, X-FORMATION WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
14. Governing Law.
In case of legal disputes, legal proceedings must be handled:
- In the court of Aarhus, Denmark, for all products and services purchased from X-Formation Denmark ApS
- In the court of Krakow, Poland, for all products and services purchased from X-Formation Sp. z o.o.
15. Contact.
Should you have any questions concerning these Terms of Service, or if you desire to contact X-Formation for any reason, please email us at sales@x-formation.com or write to us at:
X-Formation Denmark ApS
Sioevaenget 18
8381 Tilst
Denmark
or
X-Formation Sp. z o.o.
Radzikowskiego 47A
31-315 Krakow
Poland
We will use all reasonable efforts to delete your information from our existing files.