END USER LICENSE AGREEMENT (EULA) FOR DAPCOM SOFTWARE PRODUCTS
This EULA covers the following software products regardless of whether they are
a paid or free version. The following software products made by DAPCOM are
covered by these license terms: FAPEC, WinFAPEC, fapyc and FARSHY (these are
referred hereafter as “the Software”).
1. Use subject to authorization. The software made by DAPCOM Data Services, S.L.
(“DAPCOM”) is protected by the national and international legislation applicable
in Intellectual Property, according to which its use is subject to the granting
of an authorization.
2. Granting of License of use. Subject to the terms of this Agreement, DAPCOM
grants the User, during the Term described below, a limited, revocable,
non-exclusive, non-transferable, non-sub licensable license to install and use
the Software on a single computer after downloading of the Software. The
Software may have been downloaded by the User for free (“Evaluation Software”,
including some features which are considered “Free Software”) or provided by
DAPCOM after the User has acquired a fully functional license (“Full Software”).
Evaluation Software shall be used for the sole purpose of evaluating its
functionalities and performance, and not in a production environment. User may
only use the Evaluation Software for its evaluation solely for Customer’s own
internal business purpose in accordance with the Software documentation and
other terms and conditions of this Agreement. User’s right to use the Evaluation
Software shall lapse at the end of the Term and, at that time, the Software will
then become inoperable. If the User desires to continue using the Software, a
licensing agreement with DAPCOM shall be pursued. Full Software can be requested
to sales@dapcom.es
3. Restrictions of Use. User shall not (a) modify, adapt, alter, translate, or
create derivative works from the Software; (b) sublicense, lease, rent, loan,
sell, distribute, make available or otherwise transfer the Software to any third
party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to
derive the source code for the Software; or (d) otherwise use or copy the
Software except as expressly allowed under Section 2 above. User may disclose or
publish the results of performance, benchmark or analysis tests of the Software;
in such an event, DAPCOM should be informed by providing the link or publication
to fapec@dapcom.es
4. Validity of the license (“Term”). This Agreement is effective upon acceptance
by the User and shall continue until expiration of the License Period mentioned
in each Software specification unless sooner terminated by DAPCOM for any reason
whatsoever. For the Evaluation Software, DAPCOM may, in its sole discretion,
provide User an extension to this License Period for the sole purpose of
continuing the evaluation activities by the User under this Agreement. After the
1-year time limit of the Full Software, the User shall pursue a license renewal
with DAPCOM, or otherwise stop using the Software.
5. Confidentiality. DAPCOM may disclose to the User certain information
regarding the business of DAPCOM including the Software and technical,
marketing, financial, employee, planning, and other confidential or proprietary
information of DAPCOM (“Confidential Information”). Any information that User
knew or should have known, under the circumstances was considered confidential
or proprietary by DAPCOM, will be considered Confidential Information. User
agrees (a) not to disclose Confidential information to any persons outside its
organization, except to its consultants or agents who agree in writing to
protect such Confidential information as required herein; and (b) to use the
Confidential information only for the purpose of evaluating or using the
Software.
6. License price. The license for the Evaluation Software and for the Free
Software covered by this agreement is free during the period described in each
Software specification. The license price for the Full Software will be set by
DAPCOM.
7. Support, maintenance and updating. DAPCOM has no obligation under this
Agreement to provide any support or consultation concerning the Evaluation
Software or Free Software provided. However, DAPCOM may, in its sole discretion,
provide User of Evaluation Software with certain support and consultation, free
of charge, to assist in the evaluation activities of the User under this
Agreement. The furnishing of such support or consultation will not subject
DAPCOM to any liability, whether in contract, tort or otherwise. For Full
Software licenses, DAPCOM will specify to the User the support, maintenance and
updating terms, which will be provided during the license validity period
described in Sections 2 and 4.
8. Intellectual property rights. All intellectual property rights on the
Software and/ or to the materials and attached documents, whether printed or
electronic format, belong to DAPCOM and are protected by the laws and
international treaties regulating intellectual property rights. Except for the
right to use granted under the terms and conditions set forth in this License
Agreement, the User is not authorised to make any other use of the Software. In
particular, it is expressly prohibited to the User to grant sub-licenses, rent,
sell, or transfer in any other form the License of use obtained hereby. Some of
the software covered by this license may require the use of other external
programs. The user undertakes in any case to comply with the terms and
conditions of third-party product licenses.
9. Limited warranty. DAPCOM does not guarantee to the User that the Software is
free of errors, with the proviso of commitment of correction of said errors on
the terms specified above, nor does it guarantee that the Software meets the
requirements and/or needs of the User when purchased.
10. Damages. DAPCOM shall in no case be responsible for damages of any kind,
whether direct or indirect, that may result from the installation, execution or
use of any form of the Software. In any event, DAPCOM’s responsibility will be
limited to the amount satisfied by the User for the License.
11. Termination for breach of contract. DAPCOM can terminate this Agreement by
means of a simple written notification to the User, in the event of breach by
the User of any of its terms and conditions.
12. Validity and possible modification of the stipulations of the License. In
the event that the agreement or any of the terms and/or conditions of this
License is declared null and void, such annulment shall not affect the remaining
stipulations of the agreement, which will remain fully in force.
13. Governing law and jurisdiction. This License of use shall be interpreted and
enforced in accordance with laws of Spain. The Courts of the city of Barcelona
will have exclusive jurisdiction to know and solve any dispute that might arise
between the Parties related to the interpretation, execution and resolution of
this Agreement, both Parties accepting to submit to the said jurisdiction, with
express waiver to any other jurisdiction that might be available to them.
14. Supersession by license contract. These terms and conditions, in part or in
whole, may be superseded by those included in Full Software license contracts
with the User. In case of conflict, such contract will take precedence over this
EULA.
Text revision: 4 October 2024
