Disclaimer EasyFWD

Clause 1 – Definitions

For the implementation of this License Agreement the following definitions apply:

1.1 EasyFWD® : version 1.xUK;

1.2 Equipment: the computer equipment including the system software on which the Licensee is allowed to use the ® , namely: Windows win7and highre systems;provided that .net4.0 framework

1.3 Documentation: description of the features and applications of EasyFWD® supplied by 4U Solutions BV, included in EasyFWD® or provided through another media;

1.4 License: the agreement entered into by the Licensee by his submitting the application form on www.easyfwd.com. This License Agreement is part of the license.

Clause 2 – Subject

2.1 4U Solutions BV hereby grants Licensee the non-exclusive, non-transferable right, hereby accepted by the Licensee, to use EasyFWD® for the duration of the Agreement and under the terms and conditions listed below, in computer executable form on the Equipment as well as on replacing, compatible equipment of the same or another manufacturer.

2.2 The license grant gives the licensee an unlimited use of EasyFWD® and number of users. EasyFWD® is put on the market as Freeware by 4U Solutions BV.

2.3 The purpose of the license grant is to enable the user[s] mentioned in sub 2 to monitor their individual computer use.

2.4 Any purchasing or other general sales terms of Licensee do not apply, unless they are expressly accepted in writing by 4U Solutions BV.

Clause 3 – Scope of the license grant

3.1 The license grant is limited to the version mentioned in this License Agreement.

3.2 Included in this license grant are any and all updates and patches, as well as the corresponding Documentation, including adaptations thereof as warranted by the updates or patches, made available to the Licensee by 4U Solutions BV. Updates and patches can be downloaded from the Internet with the help of a password supplied by 4U Solutions BV.

3.3 Licensee is permitted to:
a) load and screen EasyFWD® if and insofar as this is technically necessary and in accordance with the permitted applications;
b) conduct maintenance work on EasyFWD® if and insofar as this is technically necessary and in accordance with the permitted applications;
c) make a backup copy of EasyFWD® if and insofar as this is technically necessary and in accordance with the permitted applications; 
d) observe, study and test the operation of EasyFWD® for the purpose of discovering the underlying concepts and assumptions, provided this is done through the actions stated under a).

3.4 Licensee is not permitted to;
a) Rent out EasyFWD® as a whole or in part or any copy thereof;
b) Execute, transmit or file EasyFWD® in any way other than what is stated in clause 3.4 sub a) without prior written consent from 4U Solutions BV;
c) Reproduce EasyFWD® for practice, study or use;
d) Test EasyFWD® for viruses, convert it or remove bugs not caused by EasyFWD® in use, without prior written consent by 4U Solutions BV;
e) Remove or alter the proprietary notices and other labels in/on EasyFWD® (e.g. ©), trademarks or the confidential nature of EasyFWD® or any reference to 4U Solutions BV.
f) Publish and/or in any other way reproduce EasyFWD®, or alter it, unless this is expressly permitted to Licensee by this Agreement.

3.5 Licensee is permitted to make copy of EasyFWD® and translate its code, should this be necessary to obtain the data needed for establishing interoperability between EasyFWD® and other software, provided that:
a) these actions are performed solely by Licensee or a by him in writing appointed third party;
b) the data needed to establish the interoperability are not already readily and easily available to Licensee or his proxy;
c) these actions are limited to those parts of EasyFWD® needed to establish the necessary interoperability;

3.6 Prior to engaging in the activities listed under 5, Licensee shall request 4U Solutions BV in writing to provide the specified information. 4U Solutions BV will in that case assess within a reasonable time period whether Licensee may dispose of the requested information and under which terms, including any financial terms and conditions regarding any third party to be called upon by Licensee.

3.7 Licensee may only use the information described in clause 5 for establishing the interoperability as meant in clause 5 and may only disclose the data to a third party if this is necessary for establishing interoperability. Licensee is not permitted to use the information for the development, production or marketing of a computer program that in relation to EasyFWD® cannot be seen as a new, original work in the sense of clause 13 of the Copyrights Law, or for any other activity that may constitute an infringement of the copyright.

3.8. Licensee carries the responsibility to ensure that the users as mentioned in clause 2 sub 2 use EasyFWD® in compliance with these stipulations.

Clause 4 – Delivery and Installation

4.1 4U Solutions BV is responsible for the delivery of EasyFWD® including the corresponding Documentation. EasyFWD® is delivered online or by CD-ROM. Costs CD-Rom are the normal send, work and administration cost. 

4.2 Licensee will install EasyFWD® on the Equipment of the user[s] as mentioned in clause 2 sub 2.

4.3 When requested to do so by Licensee, 4U Solutions BV can install EasyFWD® on the Equipment for a fee to be agreed between the parties.

Clause 5 – Helpdesk and Warranty

5.1 4U Solutions BV will provide Licensee with an e-mail address during office hours (Greenwich time table) for any questions and complaints concerning EasyFWD® . The e-mail address can be retrieved from www.easyfwd.com. 

5.2 Should EasyFWD® not comply with the specifications as described in the Documentation, Licensee may submit a request for help to solve the problems that may have arosed. 

5.3 4U Solutions BV does not guarantee that EasyFWD® will meet the expectations or objectives of the Licensee, nor that EasyFWD® can prevent or cure RSI or any other physical or psychological symptoms. 

5.4 4U Solutions BV does not guarantee that the Licensee’s operation of EasyFWD® will be flawless or uninterrupted by defects, nor that any defects can always be corrected. 

Clause 6 – Liability

6.1 Save what is specified in clause 5 sub 2, 4U Solutions BV will in no event be liable for any further damages, direct or indirect, however caused, arising out of or related to this Agreement, the failure or malfunctioning of EasyFWD® , or the [temporary] inability to use the product. 4U Solutions BV is not responsible for the consequences of changes or adjustments to EasyFWD® by or on behalf of 4U Solutions BV, or for the consequences of the use of EasyFWD® in combination with equipment or software not supplied by 4U Solutions BV. 

6.2 Should it be legally decided that 4U Solutions BV is in any case liable under any provision in this agreement or otherwise, the entire liability shall not exceed the sum of the annual license fees Licensee owes to 4U Solutions BV over the year previous to the damaging event, on the understanding that should the damage not be related directly or indirectly to EasyFWD®, 4U Solutions BV is only liable for direct damages caused by intent or negligence on the part of 4U Solutions BV, any of its employees or third parties called upon to execute [part] of this Agreement, provided that the entire liability in any case will never exceed € 1000,00 per incident or string of related incidents. 

6.3 Claims in relation to the above are to be submitted in writing to 4U Solutions BV within 2 months of the arising of the damage, failure to do so will render any claim for damages null and void. 

6.4 Neither one of the parties shall be responsible for damages caused by a delay in compliance or non-compliance of any provision in this Agreement if this delay is a case of force majeure. Circumstances beyond the control of 4U Solutions BV will also include the failure on the part of outside suppliers to meet their obligations to 4U Solutions BV. 

Clause 7 – Proprietary rights

7.1 Copyright, ownership rights and all other intellectual property rights in relation to EasyFWD® shall remain in 4U Solutions BV and/or its suppliers. Nothing in this Agreement constitutes the transfer of such intellectual property rights in part or in whole. Licensee acknowledges these rights and will refrain from any form of direct or indirect infringement of these rights. 

7.2 4U Solutions BV shall indemnify Licensee against any legal action based on the assumption that EasyFWD® infringes any existing Dutch copyright or any other intellectual property right, and shall remunerate any and all consequential costs and allowed damages, provided that Licensee will notify 4U Solutions BV in writing within 15 days from the start of any such legal action and supply 4U Solutions BV with copies of all relevant correspondence and provided that 4U Solutions BV solely conducts the defence against any such action and all negotiations for a settlement. 

7.3 4U Solutions BV is not responsible for any action based on the combination, the operation or use of EasyFWD® with equipment or EasyFWD® not supplied or recommended in writing by 4U Solutions BV, or based on an adjustment to EasyFWD® by the Licensee, unless with 4U Solutions BV’s prior written consent hereto.

7.4 The above constitutes the entire liability of 4U Solutions BV with regard to infringements of any industrial or intellectual property rights by third parties. 

Clause 8 – License fee

8.1 Licensee will pay 4U Solutions BV a license fee for the license grant of EasyFWD® in the amount stated on the application form submitted by Licensee and confirmed by 4U Solutions BV. 

8.2 When using the internet version of EasyFWD® there are no additional cost of maintenance. Using intranet, depending on the quantity of the users, is the minimum amount of maintenance €.1.250,00 per year. 

8.3 EasyFWD® is paid per update, up to 3 per year. Only at high necessity for the continuity of the operation of the software can an extra update (s) be provided. When decided not to install this update (s), we cannot guarantee that the software will work smoothly in further future.

8.4 Licensee is obliged to pay for the first three updates. After those three, licensee is free to make a choice using the update or not. 

8.5 The license fee is payable within 30 days from the date of invoice by 4U Solutions BV. ShouId Licensee fail to settle outstanding payments even after receipt of a written reminder, 4U Solutions BV is entitled to compensation for all costs incurred for this notice of default and all other steps taken in order to collect this debt, in or out of court. 

Clause 9 – Duration and termination

9.1 The Agreement shall become effective on the date of call for the licence code, requested by the Licensee and applies for an indefinite period. The Licensee undertakes to a decline of a minimum period of one year and thereafter monthly exercise. 

9.2 Both parties are entitled to terminate the Agreement with immediate effect in case of negligence on the part of the other party to comply with one or more the provisions in this agreement and this other party has failed to repair or settle the default or failure within 30 days of the first request thereto, or if one of the parties is declared bankrupt or granted suspension of payment or if one of the parties has offered deferred payments to one of its creditors. 

9.3 Should the Agreement be terminated in pursuance of what is stated under sub 2, Licensee is to destroy EasyFWD® and the corresponding Documentation, including any and all updates and patches. 

Clause 10 – Inspection

4U Solutions BV is permitted to conduct inspections or let an authorised third party conduct inspections on workdays and during office hours at the Licensee’s premises in order to check whether there are unauthorised copies of EasyFWD® and whether Licensee is using EasyFWD® for the normal business processes.

Licensee shall co-operate with these inspections. The costs of the inspections are for the account of 4U Solutions BV unless it is concluded that Licensee fails to meet the obligations imposed on him. A third party appointed by 4U Solutions BV will have to sign a pledge of secrecy to the satisfaction of the Licensee prior to conducting any inspections.

Clause 11 – Confidentiality

11.1 Parties are mutually committed to observe secrecy regarding confidential information of the other party. Both parties shall take all reasonable precautionary measures needed to meet this obligation to the best of their ability. 

11.2 The confidential information shall include but will not be limited to EasyFWD® itself and the data processed using EasyFWD® .

Clause 12 – Equipment and Maintenance

Licensee will be responsible that the Equipment used by Licensee to run EasyFWD® , meets the minimum system requirements as published by 4U Solutions BV, and will vouch for adequate maintenance of this Equipment as long as the agreement is in effect.

Clause 13 Privacy

13.1 4U Solutions B.V. respects the privacy of all users of its site and software and sees to it that the personal data that you provide to us are handled confidentially. We use your data to ensure that the order and response proceed as quickly and easily as possible. For the remainder we shall exclusively use these data with your consent. 4U Solutions B.V. shall not sell your personal data to third parties and shall only and exclusively render these data available to third parties who are involved in carrying out your order.
13.2 With your consent we use your data to inform you about news facts via a newsletter and about new developments of the software. If you no longer appreciate this then you can unsubscribe at the bottom of the newsletter.

13.2.1 With your consent we use your data to inform you about news facts via a newsletter and about new developments of the software. If you no longer appreciate this then you can unsubscribe at the bottom of the newsletter. 

13.2.2 If you decide to write a review then you can personally decide if you want to add your name or other personal data. We are curious about the opinions of our visitors however we reserve the right not to publish contributions that do not comply with our internet terms and conditions.

13.2.3 By making use of the freeware version of EasyFWD you give consent to receiving commercial messages and surveys. Possible results shall only and exclusively be made available to third parties who are involved in the implementation of the commercial message or survey. The third parties hired by us are held to respect the confidentiality of your data.

13.2.4 By making use of the Premium version of EasyFWD you can only and exclusively receive commercial messages and surveys from the company you are affiliated with. If it regards use of the Premium version of EasyFWD by a consumer then you shall not receive commercial messages or surveys without your consent.

13.3 4U Solutions B.V. shall not sell your personal data to third parties and shall only and exclusively render these data available to third parties who are involved in carrying out your order. The third parties hired by us are held to respect the confidentiality of your data.

Clause 14 – General provisions

14.1 All rights and obligations of both parties pertaining to the use of EasyFWD® are included in this agreement; it supersedes any and all previous arrangements that are herewith rendered null and void. 

14.2 This agreement can only be altered by a written document signed by both parties. 

14.3 4U Solutions BV is permitted to forward a copy of this agreement to its licensor for the purpose of establishing and monitoring the number of licenses granted by 4U Solutions BV. 

14.4 If any provision in this agreement is found to be invalid or unenforceable by any Court having competent jurisdiction, this will not affect the validity of the remaining provisions in this agreement which shall remain in full force. Parties will try in good faith to come to an agreement regarding a workable alternative provision in order to replace the invalid or unenforceable provision. 

14.5 This agreement is governed by Dutch law. 

14.6 This agreement was translated from the Dutch language. In case of any ambiguity, the Dutch version will prevail.