LICENSE AGREEMENT FOR THE SOFTWARE
By means of this particular instrument of the License Agreement for the Suite of Applications Thermo Mark, denominated SOFTWARE, they make among themselves:
On the one hand, ELESYS SISTEMAS ELETRICOS LTDA, a private legal entity registered with the CNPJ under No. 02.853.139/0001-03, established in the Estrada Municipal, 642, Galpao 07 - Agua Chata - 072251-300 - Guarulhos - SP, referred to as ELESYS.
On the other hand, you, here denominated CUSTOMER, which adjust and are subordinated to the one determined by the clauses below:
CONTRACTUAL CONDITIONS
The provisions of brasilians Laws 9,609/98 and 9,610/98 dealing with the protection of intellectual property of the software and the protection of copyright are applicable to this contract.
CLAUSE ONE: DEFINITIONS
1.1. By accepting the terms and conditions herein, this Agreement is intended to allow the use of the related SOFTWARE, in compliance with the provisions of this agreement.
The Themo Mark application suite is designed for label printing to identify panels and switchboards and their components.
Thermo Mark includes the following applications:
Thermo Mark TEXT used mainly in the printing of texts to identify wires, cables, terminals and some components.
Thermo Mark CODE used for the identification of components using graphic resources in the confection of identifications such as printing of images, geometric forms, texts and mainly barcode labels.
CLAUSE TWO: PROPERTY
2.1. The SOFTWARE object of this license agreement is the exclusive property of ELESYS, which owns all rights over it. The SOFTWARE is protected by copyright and industrial property laws.
2.2. Intellectual property over the SOFTWARE is not the subject of this agreement and remains the sole property of ELESYS.
2.3. It is strictly forbidden for the CUSTOMER to reproduce, distribute, alter, reverse engineer or otherwise attempt to reverse any of the SOFTWARE components in its source code.
2.4. Through this agreement, ELESYS will assign only the right to use the SOFTWARE in question, without having to provide or provide the source code or internal structure of the product.
CLAUSE THREE: PRODUCT UNITY
3.1. The SOFTWARE is licensed as a single product. However, it may be installed on two or more computers upon prior request to ELESYS.
CLAUSE FOUR: NON-AUTHORIZED MARKETING
4.1. The use of the SOFTWARE by the CUSTOMER without the license is expressly prohibited, and the modification, assignment, distribution, reproduction, publication and licensing, free of charge, onerous or otherwise, are prohibited, whoever it is, disrespecting the legislation of protection to the copyrights.
4.2. The CUSTOMER who illegally purchases the SOFTWARE shall not be entitled to support or any other extended benefit to the software, as well as to the judicial, civil and criminal measures applicable to the species.
CLAUSE FIVE: LICENSE RESTRICTIONS
5.1. If the type of license is for demonstration purposes, its use will be limited for testing or evaluation purposes and may not be used for productive purposes or longer than authorized.
CLAUSE SIX: TRADEMARKS
6.1. The right to use the SOFTWARE does not grant the CUSTOMER any rights over the brands of services or products related to the software or to the company ELESYS.
CLAUSE SEVEN: COPYRIGHT
7.1. Ownership and all copyrights relating to the SOFTWARE (including images, photographs, animations, videos, audios, music, texts, components and files incorporated in the software), the accompanying printed or scanned material, and any copies of the software are exclusive property of ELESYS.
7.2. The CUSTOMER may make as many backup copies as necessary and store them in any storage area, as long as these copies are exclusively for guarantee of data recovery, if necessary.
7.3. The CUSTOMER agrees that the suggestions for improvements and customizations requested by it, at any time, may be used in the product without this engaging any copyright commitment, authorizing ELESYS to market the product without needing any compensation to the CUSTOMER in any time.
CLAUSE EIGHT: LICENSE
8.1. The SOFTWARE, regardless of its version, its components and the accompanying documentation, printed and in magnetic media, are licensed through this instrument to only one CUSTOMER, individual or legal, on a non-exclusive basis.
8.2. The CUSTOMER is aware that the SOFTWARE is an ELESYS franchise in which the right of use and license are released free of charge only to those who use ELESYS products, therefore, to keep the software active and in operation, the CUSTOMER must use forms Elesys Sistemas Eletricos LTDA as inputs for the printing of jobs generated by the SOFTWARE.
8.3. The CUSTOMER must make available an internet connection and release the firewall, when necessary, according to the Installation and Configuration Manual, for on-line renovation of the authorization to use the SOFTWARE.
8.4. In the event that the SOFTWARE can not be accessed online, the renovation of the authorization may be made at http://www.elesys.com.br/liberacaomanual, accessible from any other computer with internet access.
8.5. The license renovation is mandatory every 45 days from the date of registration of the SOFTWARE, which may be extended in negotiation with ELESYS.
8.6. In the event of not automatic renewal of license by the SOFTWARE, the SOFTWARE will issue daily alerts on the need for license renewal 15 days prior to the expiration date of the license.
8.7. Ap s o vencimento da licen a, sem renova o para um novo per odo de 45 dias, o acesso ao SOFTWARE ser bloqueado, impossibilitando sua utiliza o.
CLAUSE NINE: DURATION AND TERMINATION
9.1. The right to use and license the SOFTWARE shall remain in force for an indefinite period and may be requested by either party without prior notice.
9.2. This contract will be subject to termination by the party considered innocent, without the party considered defaulting be entitled to any indemnity, in the following cases:
9.2.1. Failure to comply with any contractual obligation by the other party;
9.2.2. The legitimate protest of a credit instrument in which the other party is a debtor;
9.2.3. The filing of any action against a party that would affect its credibility or suitability;
9.2.4. The decree of bankruptcy or the impetration of concordata of the other party, besides its judicial or extrajudicial dissolution;
9.2.5. The practice of acts, by one of the parties, that impinge on the other; or the proven occurrence of unforeseeable circumstances or force majeure.
9.3. The terms of the term of guarantee of the thermal printer, signed in advance by the CUSTOMER, shall govern as conditions of duration and termination, in addition to this agreement.
9.3.1. WARRANTY TERM OF SALE: In the purchase in the form of a final purchase of the thermal printer by the CUSTOMER.
9.3.2. LOAN GUARANTEE TERM: On the purchase of the thermal printer for use exclusively for printing on ELESYS forms.
CL USULA D CIMA: PRE OS
10.1. The SOFTWARE is provided free of charge to the CUSTOMER, under the terms of this agreement, without the possibility of definitive purchase or rental of the right of use, even if this is the CUSTOMER's desire.
CLAUSE ELEVEN: ELESYS' RESPONSIBILITY RESTRICTIONS
11.1. The SOFTWARE is provided "as is" without any other warranty. The CUSTOMER assumes all risks and responsibilities for choosing the SOFTWARE to achieve the desired results, as well as for the installation, use and results obtained through the SOFTWARE. ELESYS does not warrant that the SOFTWARE is free from errors, potential interruptions or failures, or that it is compatible with any specific hardware or software.
11.2. By means of this agreement, the CUSTOMER acknowledges that the SOFTWARE may not be available or be unavailable for a variety of factors, including, without limitation, periodic system maintenance, manifestations of nature, software technical failures, telecommunications infrastructure, or delay or interruption caused by viruses, denial of service attacks, increase or fluctuation of demand, actions and omissions of third parties or any other cause that is beyond the control of the company. Therefore, the company expressly disclaims any express or implied warranty as to the availability, accessibility or performance of the SOFTWARE that does not depend on it.
11.3. CUSTOMER assumes the full cost of any damage caused by your own use of the SOFTWARE, the information contained or compiled by the SOFTWARE, and the interaction (or malicious interaction) with any other hardware or software. In no event shall ELESYS be liable for any damages (including, without limitation, damages for lost profits, business interruption, loss of business information, loss of intangible property, interruption of work, breach, damage or failure in hardware or software, costs loss of working time or other pecuniary loss) arising out of the use or misuse of the SOFTWARE, or incompatibility of the SOFTWARE with any hardware, software or type of use.
CLAUSE TWELVE: TECHNICAL SUPPORT
12.1. Included in this contract is free technical support to resolve doubts or solve problems directly related to the SOFTWARE whose performance will occur as described below:
12.1.1. Monday to Thursday from 8:00 am to 6:00 p.m. and on Friday from 8:00 am to 5:00 p.m., Brazil time zone, by phone service (in portuguese), email or chat.
CLAUSE THIRTY: CONFIDENTIALITY
13.1. ELESYS and CUSTOMER mutually oblige each other to respect the right of ownership and confidentiality of information accessed, as well as not to transfer to third parties, in whole or in part, unless prior authorization from each other.
13.1.1. ELESYS will be able to collect and maintain a CUSTOMER consumption history, recording the forms used and their printed quantities.
CLAUSE FOURTEEN: DUTIES OF CUSTOMER AND ELESYS
14.1. It is the CUSTOMER's duty to make backup copies of the data created in the SOFTWARE.
14.1.1. ELESYS will not be liable for any loss of registered data.
14.2. It is the CUSTOMER's duty to provide an environment for the SOFTWARE to be installed. It is the responsibility of the CUSTOMER, good electrical installations, and connection to the internet, and ELESYS does not have any responsibility for its operation or supply. The CUSTOMER is also aware that ELESYS will not be responsible for the maintenance of the computer used by the CUSTOMER for the use of the software.
14.3. It is the duty of ELESYS to keep the SOFTWARE in perfect working condition, as long as possible, at no cost to the CUSTOMER.
CL USULA D CIMA OITAVA: FORO COMPETENTE
15.1. The Forum of the City of Guarulhos is hereby elected to resolve
any questions relating to this License Agreement, renouncing the contracting
parties to all others, however privileged they may be.