Teamy - License Agreement

 

1.      Object of the contract

2.      Scope of license. 

3.      Copyright 

4.      Provision. 

5.      Set-off and assignment. 

6.      Guarantee and liability. 

7.     License expiration. 

8.      Software return 

9.      Confidentiality. 

10.        Safeguard clause. 

11.       Use of data. 

12.        Competent jurisdiction. 

13.        Applicable law and interpretation. 

 

 

  1. Neomytic scrl, a company incorporated under Belgian law, located at 30 rue Félicien Deneumoustier 5001 Belgrade Belgium, registered with the ECB under number BE 0825.289.955 (hereinafter referred to as "Neomytic") provides a link for downloading, on the Neomytic site (https://www.neomytic.be), the Teamy software (hereinafter referred to as the "Software").
  2. The purpose of this license agreement (hereinafter referred to as "the Agreement") is to grant non-exclusive rights to use the Software to any natural or legal person within the framework of their activity wishing to benefit from a license of use of the Software (hereinafter referred to as "The User").
  3. The user expressly accepts the conditions provided for in this Agreement and undertakes to respect them in the context of the use and handling of the Software.
  4. The Software is intended for the use of users of the Microsoft 365 Education platform (school) having sufficient rights on this said platform.

 

 

  1. The Agreement comes into force upon installation of the Software by the user on a computer.
  2. The user can install the Software on as many devices as desired.
  3. The license to use the Software, granted under the Agreement and for the duration thereof, allows the user to use the Software for its intended purpose and for its own needs. This right is non-exclusive.
  4. Except for the backup copies necessary to preserve the use of the Software, the user is not authorized to make any copies of the Software.
  5. Unless otherwise specified, use of the Software in its current version is free.

 

 

  1. The user acknowledges that the Software is protected by copyright. The Software and the related copyright belong to Neomytic.
  2. The License does not include the transfer to the Licensee of Neomytic's ownership of the Software, for example copyright or, where applicable, patent rights.
  3. Apart from the rights granted in article 2 of this Agreement, the user is not authorized to reproduce, modify, edit, translate, recompile or decompile the Software, to reverse engineer it or to reverse engineer it. manufacture derivative works, whether these operations are temporary or final, partial or complete, or to reproduce the Software in a manner other than referred to in points 2.2 and 2.4, or to publish, distribute free of charge or against payment, rent or resell the Software or make it accessible to third parties, for example through the Internet.

 

 

  1. The Software is deemed to be installed and used as soon as it has been loaded into random access memory and saved in permanent memory of the user's computer. Neomytic does not assume responsibility for installing the Software.
  2. Neomytic provides online information for the installation and use of the Software. The user is not entitled to any further assistance or training. Any support or assistance provided by Neomytic must be agreed on a case-by-case basis and will be billed to the user through a contract provided for this purpose.

 

 

  1. The user is not authorized to grant sub-licenses, to offset his rights towards Neomytic with those held by Neomytic or to assign the License to third parties.

 

 

  1. The user acknowledges that Neomytic assumes no risk related to the use of the Software and that the user assumes the risk of damage or loss of data due to the use of the Software during the entire period. use of the Software.
  2. The user assumes sole responsibility for purchasing the operating system (s) as well as any other license (s) and any other software (s) necessary for to use the Software under the conditions provided for in this Agreement.
  3. Although Neomytic has developed the Software with the utmost diligence and skill, Neomytic does not guarantee that the Software is free from anomalies and that its operation will be uninterrupted and / or error-free, or that the errors can be entirely eliminated. Consequently, the user is reminded that it is his responsibility to take all the necessary steps to establish adequate repair plans and any appropriate measure to minimize the harmful consequences linked in particular to a possible interruption of operation or a possible loss. of data generated by the Software as a result of its use.
  4. It is the sole responsibility of the user to constantly check whether an updated version of the Software is available. Hereby, it is expressly agreed that the user is not authorized to demand an updated version of the Software.
  5. The user is aware of the fact that it is essential that he has sufficient technical knowledge to use the Software.
  6. The user accepts that neither Neomytic nor its agents are responsible for any damage relating to the Software, unless such damage is due to gross negligence or willful misconduct on the part of Neomytic or its agents, or in the event damage to life, body or health. In any event, Neomytic's liability is excluded for non-material damages and indirect damages, in particular damages relating to the loss of income, turnover, profit, contracts, etc., to the infringement. to the image, or any other immaterial and / or indirect damage.

 

 

  1. The License automatically terminates when the Software is uninstalled.
  2. If Neomytic decides to no longer provide a certain module of the Software, Neomytic will announce it in due course on the website https://www.neomytic.be, without the user having, in this case, the right to a compensation.
  3. Neomytic has the right to terminate the Contract and, consequently, also the right to use the Software, without formality, with immediate effect and without the user having the right to any compensation, in the event of breach by the user has one of the following obligations:
    • The user infringes the intangible properties of Neomytic on the software,
    • Decompiles or modifies the Software,
    • Violates the obligation of confidentiality referred to in point 9,
    • Violates point 5.1 of this Agreement,
    • Performs acts that could harm the corporate purpose, the value of the business or the reputation of Neomytic.
  4. In the event of breach by the user of another of his obligations under this Contract, and if this breach is not corrected within 14 days of receipt by the user of a registered letter with acknowledgment receipt notifying this failure (the date of the first presentation being proof), Neomytic will be authorized to terminate the Contract under the conditions provided for in article 7.3

 

 

  1. At the end of this Agreement, whatever the reason for the termination of the Agreement, the user must immediately cease use of the Software and remove all of the constituent elements of the Software in his possession, including media and all the copies that will have been made. In this context, the user will confirm in writing to Neomytic that he has fully fulfilled this obligation.

 

 

  1. The user is held to the strictest confidentiality with regard to the Software and the data provided by Neomytic.
  2. The Software as well as all documents, drawings, illustrations and information remain in all circumstances the exclusive property of Neomytic, the sole holder of the intellectual property rights over these documents, and must be immediately returned to Neomytic on request. The user undertakes not to make any use of these documents liable to infringe the industrial or intellectual property rights of Neomytic and undertakes not to disclose them to any third party.
  3. In particular, the user will take all necessary measures to prevent unauthorized copies of the Software from being made and transmitted to third parties.
  4. The confidentiality obligation comes into force upon conclusion of this Agreement and will also remain applicable after the expiry of the License and these general conditions.

 

 

  1. If, for any reason whatsoever, certain clauses of these general conditions or of an agreement between the user and Neomytic are null and void or unenforceable, the validity of the other clauses will not be affected. The null and void or unenforceable clause must be replaced by a clause which comes closest to the goal of the valid clause.

 

 

  1. Neomytic collects personally identifiable information, such as your e-mail address, your name, and the address of your school.
  2. Neomytic collects and uses this information to ensure the proper functioning of the software, to ensure compliance with the Agreement and to produce software usage reports.
  3. Neomytic does not sell, rent, or disclose this data to third parties.
  4. Neomytic may also contact you through surveys to research your opinion of current services or of potential new services that may be offered.
  5. Neomytic does not sell, rent, or disclose this data to third parties.
  6. On request, we undertake to provide you with a copy of your data.
  7. On request, Neomytic undertakes to erase your data, if the user undertakes to no longer use the application and uninstall the application.

 

 

  1. All disputes arising from the conclusion, interpretation, execution or termination of this Contract, will be submitted to the Tribunal de entreprise of Namur notwithstanding multiple defendants or call in guarantee, even for emergency procedures or procedures conservatories. Neomytic also reserves the right to bring any dispute before the Courts of the user's domicile.

 

 

  1. This Contract is subject to Belgian law, to the exclusion of any other legislation, in particular the United Nations regulations on the international sale of goods (CISG).