Support for Fair Log-in Business Edition for Joomla! 1.6, 1.7 and 2.5
IMPORTANT: PLEASE READ BELOW SUPPORT TERMS AND CONDITIONS CAREFULLY BEFORE REQUESTING OUR SUPPORT.
These support terms are part of the Fair Log-in Business system plug-in for Joomla! 2.5, hereafter to be refered to as the SOFTWARE PRODUCT.
THE SOFTWARE is NOT free or public domain software. Please read the license conditions described in the file LICENSE.txt which is included in the install package of the SOFTWARE PRODUCT.
Innato B.V. may provide you with support services, as described below, and related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of the support and license conditions.
1. APPLICABILITY
Support Services that are provided free of charge, will be provided only to a validly licensed installation and use of the SOFTWARE PRODUCT (see license conditions). In all other cases, Customer may be charged for any support services rendered. Innato B.V. reserves the right to verify the validity of the install and use of the SOFTWARE PRODUCT.
2. SCOPE
The scope of Support Services provided may be specified in the description and documentation of the SOFTWARE PRODUCT and/or may be specifically agreed between Innato B.V. and Customer. If the scope of Support Services is not specified, the support services will encompass a commercially reasonable free-of-charge assistance to Customer with the installation, setup and operation of the SOFTWARE PRODUCT for the term of three (3) months from Innato's receipt and acceptance of Customer's order of the SOFTWARE PRODUCT.
Customer shall provide informations and resources needed for the execution of Support Services and shall not deliberately hinder the support process.
3. EXCLUSIONS
Innato B.V. shall not be required to provide any Support Services relating to problems or issues arising out of or from:
(a) Customer's use of the SOFTWARE PRODUCT in a manner for which they were not designed;
(b) Damage to the computer(s) or website(s) on which the SOFTWARE PRODUCT has been installed;
(c) Customer's negligence, misuse, or modification of the SOFTWARE PRODUCT; or
(d) Versions of the SOFTWARE PRODUCT other than the most recent version (e.g., 3.x) and one [major] version back (e.g., 2.x), provided that Innato B.V. shall also not be required to provide any Support Services for the SOFTWARE PRODUCT if it is no longer listed on the Innato B.V. website as a supported product.
4. RESTRICTIONS AND TERMINATION
(a) Innato B.V. may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by Innato B.V. in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support. Resale, assignment, or transfer of Support Services is strictly prohibited and will be grounds for termination of the Support Terms.
(b) Innato B.V. has the right to terminate the Support Services if Customer does not provide the necessary informations and resources or deliberately hinders the support process, as determined by Innato B.V. in its reasonable discretion.
(c) Customer acknowledges that Innato B.V. has the right to discontinue the manufacture and development of any part of the SOFTWARE PRODUCT and the Support Services for any part of the SOFTWARE PRODUCT, including without limitation the distribution of older versions of the SOFTWARE PRODUCT, at any time in its sole discretion, provided that Innato B.V. agrees not to discontinue the Support Services for the SOFTWARE PRODUCT within one (1) year after the release of the affected version.
(d) Innato B.V. reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in
(i) diminished support from the level of support set forth herein;
(ii) materially diminished obligations for Innato B.V., or
(iii) materially diminished rights of Customer.
5.WARRANTY AND DISCLAIMER
Innato B.V. will use commercially reasonable efforts to provide the Support Services in a professional manner, but Innato B.V. cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in these Support Terms shall be construed as expanding or adding to the warranty for the SOFTWARE PRODUCT set forth in the End-User License Agreement (EULA) or any other agreement under which Customer has obtained the SOFTWARE PRODUCT.
Except 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 to customer in its jurisdiction, Innato B.V. makes, and customer receives, no warranties or conditions of any kind, express, implied, or statutory, related to or arising in any way out of these support terms or the provision of materials or services under these support terms. Innato B.V. specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.
6.LIMITATION OF LIABILITY
In no event shall Innato B.V.'s liability arising from or related to these support terms exceed the amounts paid by customer for the SOFTWARE PRODUCT or support services ordered by customer during a period of one (1) month after the liability arose. In no event shall Innato B.V. have any liability for any special, punitive, indirect, or consequential damages, including, without limitation, damages for lost profits, loss of data, costs of procurement of substitute goods or services, loss of use of equipment or facilities, or interruption of business, arising from or related to the support terms under any theory of liability, whether or not Innato B.V. has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
7. ASSIGNMENT, APPLICABLE LAW AND DISPUTES
(a) These Support Terms may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. Any additional services added to these Support Terms by written notice to Customer will be governed by the terms of these Support Terms. These Support Terms supersede all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Innato B.V. concerning the subject matter hereof and constitutes the entire agreement between Innato B.V. and Customer regarding provision of Support Services.
(b) These Support Terms shall be governed by Dutch law and by the terms and conditions as defined on Innato B.V. website(s). The provisions of the Vienna Sales Convention are not applicable. The provisions of other international arrangements regarding the purchase of the SOFTWARE PRODUCT, the operation of which can be excluded by the parties, are not applicable either.
All disputes belonging to the competence of the courts shall be settled by the court at Arnhem.
Version 19 May 2015
License Terms for Fair Log-in Business Edition for Joomla! 1.6, 1.7 and 2.5
END-USER LICENSE AGREEMENT FOR THE FAIR LOG-IN SYSTEM PLUG-IN FOR JOOMLA! 2.5 - BUSINESS EDITION
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE PROGRAM PURCHASE OR INSTALL.
This license agreement is part of the Fair Log-in Business system plug-in for Joomla! 2.5, hereafter to be refered to as the SOFTWARE PRODUCT.
The Innato B.V. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Innato B.V. for the Innato B.V. software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Innato B.V., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Source.
This license is granted under the exclusive condition that the SOFTWARE PRODUCT has been legally and validly obtained from Innato B.V.
(b) Installation and Use.
Innato B.V. grants you the right to install and use copies of the SOFTWARE PRODUCT on the computer(s) and website(s) owned by you or your employer and running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
(c) Number of installs and uses.
You may install and use the SOFTWARE PRODUCT on a maximum of 5 (five) devices and 5 (five) websites. The above ownership conditions (b) apply at all times and for all installs and uses covered by this license.
(d) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution and transfer.
You may not distribute and may not transfer licensed copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Innato B.V.'s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Innato B.V. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Innato B.V. may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
If this Agreement is terminated you must:
(a) Cease all use of the SOFTWARE PRODUCT.
(b) Destroy the original and all copies of the SOFTWARE PRODUCT.
(c) Permanently delete all copies of the SOFTWARE PRODUCT from the computer(s) and website(s) on which it has been installed.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Innato B.V. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Innato B.V.
5. NO WARRANTIES
While every effort has been made to minimise bugs and ensure the functionality of the Software, Innato B.V. expressly disclaims any warranty for the SOFTWARE PRODUCT and will not guarantee the functionality of the Software. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Innato B.V. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Innato B.V. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Innato B.V. further expressly disclaims any warranty or representation to Authorised Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Innato B.V. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorised Users' use of or inability to use the SOFTWARE PRODUCT, even if Innato B.V. has been advised of the possibility of such damages. In no event will Innato B.V. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Innato B.V. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. UPDATES
Innato B.V. may from time to time make available to you updates for the SOFTWARE PRODUCT, subject to the terms and conditions of this EULA, or, in Innato's sole discretion, Innato B.V. may make conditional release of such upgrades to you upon your acceptance of another EULA or other execution of a separate agreement. If you should elect to install updates, your use of such updates will be subject to the applicable license and the terms and conditions of this EULA.
8. APPLICABLE LAW AND DISPUTES
Any legal relationship between Innato B.V. and you ("the buyer") shall be governed by Dutch law and by the terms and conditions as defined on Innato B.V. website(s). The provisions of the Vienna Sales Convention are not applicable. The provisions of other international arrangements regarding the purchase of the SOFTWARE PRODUCT, the operation of which can be excluded by the parties, are not applicable either.
All disputes belonging to the competence of the courts shall be settled by the court at Arnhem.
Version 19 May 2015
License Terms for Drop-a-Note Premium Edition for Joomla! 1.6, 1.7 and 2.5
END-USER LICENSE AGREEMENT FOR THE DROP-A-NOTE MODULE FOR JOOMLA! 1.6/1.7/2.5 - PREMIUM EDITION
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE PROGRAM PURCHASE OR INSTALL.
This license agreement is part of the Drop-a-Note Premium Edition module for Joomla! 1.6/1.7/2.5, hereafter to be refered to as the SOFTWARE PRODUCT.
The Innato B.V. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Innato B.V. for the Innato B.V. software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Innato B.V., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Source.
This license is granted under the exclusive condition that the SOFTWARE PRODUCT has been legally and validly obtained from Innato B.V.
(b) Installation and Use.
Innato B.V. grants you the right to install and use copies of the SOFTWARE PRODUCT on the computer(s) and website(s) personally and privately owned by you including a 'one-man business' and running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
(c) Number of installs and uses.
You may install and use the SOFTWARE PRODUCT on a maximum of 5 (five) devices and 5 (five) websites. The above ownership conditions (b) apply at all times and for all installs and uses covered by this license.
(d) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution and transfer.
You may not distribute and may not transfer licensed copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Innato B.V.'s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Innato B.V. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Innato B.V. may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
If this Agreement is terminated you must:
(a) Cease all use of the SOFTWARE PRODUCT.
(b) Destroy the original and all copies of the SOFTWARE PRODUCT.
(c) Permanently delete all copies of the SOFTWARE PRODUCT from the computer(s) and website(s) on which it has been installed.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Innato B.V. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Innato B.V.
5. NO WARRANTIES
While every effort has been made to minimise bugs and ensure the functionality of the Software, Innato B.V. expressly disclaims any warranty for the SOFTWARE PRODUCT and will not guarantee the functionality of the Software. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Innato B.V. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Innato B.V. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Innato B.V. further expressly disclaims any warranty or representation to Authorised Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Innato B.V. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorised Users' use of or inability to use the SOFTWARE PRODUCT, even if Innato B.V. has been advised of the possibility of such damages. In no event will Innato B.V. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Innato B.V. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. UPDATES
Innato B.V. may from time to time make available to you updates for the SOFTWARE PRODUCT, subject to the terms and conditions of this EULA, or, in Innato’s sole discretion, Innato B.V. may make conditional release of such upgrades to you upon your acceptance of another EULA or other execution of a separate agreement. If you should elect to install updates, your use of such updates will be subject to the applicable license and the terms and conditions of this EULA.
8. APPLICABLE LAW AND DISPUTES
Any legal relationship between Innato B.V. and you ("the buyer") shall be governed by Dutch law and by the terms and conditions as defined on Innato B.V. website(s). The provisions of the Vienna Sales Convention are not applicable. The provisions of other international arrangements regarding the purchase of the SOFTWARE PRODUCT, the operation of which can be excluded by the parties, are not applicable either.
All disputes belonging to the competence of the courts shall be settled by the court at Arnhem.
Version 15 July 2013
Support for Drop-a-Note Premium Edition for Joomla! 1.6, 1.7 and 2.5
IMPORTANT PLEASE READ BELOW SUPPORT TERMS AND CONDITIONS CAREFULLY BEFORE REQUESTING OUR SUPPORT.
These support terms are part of the Drop-a-Note Premium Edition module for Joomla! 1.6/1.7/2.5, hereafter to be refered to as the SOFTWARE PRODUCT.
THE SOFTWARE is NOT free or public domain software. Please read the license conditions described in the file LICENSE which is included in the install package of the SOFTWARE PRODUCT.
Innato B.V. may provide you with support services, as described below, and related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of the support and license conditions.
1. APPLICABILITY
Support Services that are provided free of charge, will be provided only to a validly licensed installation and use of the SOFTWARE PRODUCT (see license conditions). In all other cases, Customer may be charged for any support services rendered. Innato B.V. reserves the right to verify the validity of the install and use of the SOFTWARE PRODUCT.
2. SCOPE
The scope of Support Services provided may be specified in the description and documentation of the SOFTWARE PRODUCT and/or may be specifically agreed between Innato B.V. and Customer. If the scope of Support Services is not specified, the support services will encompass a commercially reasonable free-of-charge assistance to Customer with the installation and setup of the SOFTWARE PRODUCT for the term of one (1) month from Innato's receipt and acceptance of Customer's order of the SOFTWARE PRODUCT.
Customer shall provide informations and resources needed for the execution of Support Services and shall not deliberately hinder the support process.
3. EXCLUSIONS
Innato B.V. shall not be required to provide any Support Services relating to problems or issues arising out of or from:
(a) Customer's use of the SOFTWARE PRODUCT in a manner for which they were not designed;
(b) damage to the computer(s) or website(s) on which the SOFTWARE PRODUCT has been installed;
(c) Customer's negligence, misuse, or modification of the SOFTWARE PRODUCT; or
(d) versions of the SOFTWARE PRODUCT other than the most recent version (e.g., 3.x) and one [major] version back (e.g., 2.x), provided that Innato B.V. shall also not be required to provide any Support Services for the SOFTWARE PRODUCT if it is no longer listed on the Innato B.V. website as a supported product.
4. RESTRICTIONS AND TERMINATION
(a) Innato B.V. may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by Innato B.V. in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support. Resale, assignment, or transfer of Support Services is strictly prohibited and will be grounds for termination of the Support Terms.
(b) Innato B.V. has the right to terminate the Support Services if Customer does not provide the necessary informations and resources or deliberately hinders the support process, as determined by Innato B.V. in its reasonable discretion.
(c) Customer acknowledges that Innato B.V. has the right to discontinue the manufacture and development of any part of the SOFTWARE PRODUCT and the Support Services for any part of the SOFTWARE PRODUCT, including without limitation the distribution of older versions of the SOFTWARE PRODUCT, at any time in its sole discretion, provided that Innato B.V. agrees not to discontinue the Support Services for the SOFTWARE PRODUCT within one (1) year after the release of the affected version.
(d) Innato B.V. reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in
(i) diminished support from the level of support set forth herein;
(ii) materially diminished obligations for Innato B.V., or
(iii) materially diminished rights of Customer.
5.WARRANTY AND DISCLAIMER
Innato B.V. will use commercially reasonable efforts to provide the Support Services in a professional manner, but Innato B.V. cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in these Support Terms shall be construed as expanding or adding to the warranty for the SOFTWARE PRODUCT set forth in the End-User License Agreement (EULA) or any other agreement under which Customer has obtained the SOFTWARE PRODUCT.
EXCEPT 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 TO CUSTOMER IN ITS JURISDICTION, INNATO B.V. MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THESE SUPPORT TERMS OR THE PROVISION OF MATERIALS OR SERVICES UNDER THESE SUPPORT TERMS. INNATO B.V. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.LIMITATION OF LIABILITY
IN NO EVENT SHALL INNATO'S LIABILITY ARISING FROM OR RELATED TO THESE SUPPORT TERMS EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SOFTWARE PRODUCT OR SUPPORT SERVICES ORDERED BY CUSTOMER DURING A PERIOD OF ONE (1) MONTH AFTER THE LIABILITY AROSE. IN NO EVENT SHALL INNATO B.V. HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING FROM OR RELATED TO THE SUPPORT TERMS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT INNATO B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. ASSIGNMENT, APPLICABLE LAW AND DISPUTES
(a) These Support Terms may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. Any additional services added to these Support Terms by written notice to Customer will be governed by the terms of these Support Terms. These Support Terms supersede all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Innato B.V. concerning the subject matter hereof and constitutes the entire agreement between Innato B.V. and Customer regarding provision of Support Services.
(b) These Support Terms shall be governed by Dutch law and by the terms and conditions as defined on Innato B.V. website(s). The provisions of the Vienna Sales Convention are not applicable. The provisions of other international arrangements regarding the purchase of the SOFTWARE PRODUCT, the operation of which can be excluded by the parties, are not applicable either.
All disputes belonging to the competence of the courts shall be settled by the court at Arnhem.
Version 26 May 2013