1) CompuGraphics, with registered office at 3271 Averbode, Reppelsebaan 36, registered with the Crossroads Bank for Enterprises under no. 890 834 142, From now on referred to as “CompuGraphics”; and 2) The user of the software referred to, from now on referred to as “the user”;
1.1 Under the terms of the subscription agreement CompuGraphics hereby grants the user a personal, non-exclusive and non-transferable right to the private use of the software, the Financial Information Services and, if applicable, the related software and documentation (collectively the “Data “)
1.2 This license is only granted for the use of the data on the processing of the user par
1.3 The data provided by CompuGraphics under this Agreement shall be used exclusively by the user for internal, non-professional purposes.
1.4 The limited license granted to the user the right to load the software and computer programs specified in this Agreement, and to bring the data into image in accordance with the applicable documentation. Data can be copied digitally or otherwise, under any circumstances, be reproduced, distributed or in any other manner before the third communicated without the prior written consent of CompuGraphics.
1.5 Exporting data from the computer programs and processing in spreadsheet programs, portfolio software or software for technical analysis by the user is subject to the prior written consent of CompuGraphics.
1.6 The copyright and all other intellectual property rights and other rights to the software, including adjustments and modifications belong to CompuGraphics and remain the property of CompuGraphics. The user undertakes to respect these rights and to refrain from any action or participation in an act that can be considered as a breach of this exclusive property. The user must comply with all legal requirements. The software and data may not be used for any unlawful or criminal conduct. You must include the applicable law i.v.m. privacy and processing of personal data strictly comply.
1.7 The User has no right to change, decompile or reverse engineering of this Agreement, if any, supplied computer programs or the underlying ideas or algorithms or file formats or programming or interoperability interfaces. The source code of the computer programs will be made available to the user in any way. The user acquires under this Agreement, no right to sell the computer programs, lease, dispose of or transfer as security, charge or fee, or in any form to any third party providing or use for third parties. Violation of the preceding paragraph by the user will automatically and by operation of law give rise to the payment of compensation of at least EUR 5 000 per infringement to CompuGraphics, without prejudice to CompuGraphics to prove its higher actual damage.
1.8 under this agreement to the limited user license granted by the user may not be transferred to third parties or sublicense granted without the prior written consent of CompuGraphics.
1.9 The User Data will he has access under the terms of this agreement, only to use it for their own use and undertakes not to exploit these data, otherwise offer to sell, reproduce or make it available to third parties without the prior written consent of CompuGraphics.
1.10 The user acknowledges that the property rights to the information belong to the Information Supplier of who the Information originates and whose CompuGraphics a validly obtained permission to offer this Information, in the form of this Agreement. The user guarantees do not in any way affect that property.
2.1 CompuGraphics warrants that the Products supplied by it to deliver a proper technical analysis of the relevant data available at that time. CompuGraphics ensures that the data are from the financial sector reputed Information Providers. CompuGraphics will devote all reasonable efforts to process the data carefully and to deliver to the user. The software is delivered to the user in the state in which it is located ( “as is”). CompuGraphics ensures the proper functioning of the software to the extent that it is used in accordance with the rules of art and a kit that meets the requirements. This does not mean CompuGraphics guarantees that the software is free from minor defects, inherent in its use, but do not affect the proper functioning.
2.2 The user is responsible for the use and correct application of the software and data. The user accepts that CompuGraphics in no way can be held liable for its use of the data, its policy decisions and any damage resulting from there. One of the CompuGraphics outputs delivered software is based on a purely technical analysis being available at that time Information. This output cannot be considered as advice from an asset manager.
2.3 The user accepts that CompuGraphics under this Agreement may be held liable in any case if the user’s data, including computer programs, uses contrary to the provisions of this Agreement. More specifically, but without exception, the user will only be liable for the harmful consequences of the use of the software by third parties is delivered to the user.
2.4 The user who Information, comments or any addition and/or deletion, therefore, make to the data either on his allocated pages, community pages or otherwise, is solely responsible for these additions and/or deletions.
2.5 The user accepts that the liability of CompuGraphics as defined in this agreement is, in any event, limited to the fees paid by the user in applying Article 4 to CompuGraphics during the term of the agreement. Within the limits of this Agreement may CompuGraphics not be held liable for any indirect damage suffered by the user due to a breach of contract on the part of CompuGraphics.
2.6 CompuGraphics is not liable for any damage due to a fault or negligence of a user or a third party, whether or not on behalf of a user.
2.7 CompuGraphics guarantees that they have the right to license the software under the terms of this license agreement and that she has no knowledge of any claim in respect of a third party that the use of the software infringes any patents or copyright of such third party. If legal action is threatened or if undertaken by the user with regard to the intellectual property rights of CompuGraphics, including copyrights, patent rights or similar rights, the User undertakes to CompuGraphics them immediately to inform and CompuGraphics to grant permission to enter such a procedure between.
3.1 The license is granted for a period of 1 year commencing on the date of the agreement of the user with this Agreement and payment of the fee, and will be automatically renewed for the same period of one year, unless either party at least one month before the end of the then current period by writing to the other party not to renew the license.
3.2 This Agreement may be terminated by either party, without prejudice to his right to compensation by law and be terminated without notice with immediate effect if the other party seriously has failed to fulfill any of its obligations under this License Agreement.
3.3 In determining infringement of the provisions of this Agreement CompuGraphics reserves the right to request the supply of information to the user immediately cease or suspend,
3.4 In the event of termination of this Agreement due to a breach of contract on the part of the user connects the user to undertake for work carried all outstanding fees before the date of termination of the agreement to pay CompuGraphics immediately. In the event of termination of this Agreement due to a breach of contract on the part of CompuGraphics CompuGraphics undertakes to repay the remainder of the license fee in proportion to the user.
4.1 In exchange for the license granted by CompuGraphics, the user CompuGraphics pay a license fee. This license fee is payable for the first in the Order of the software. By extension (s) of the duration of the contract, users pay annually prior to the commencement date of the extended period the then outstanding fee (s). The general conditions of CompuGraphics apply to these payments. All license fees are inclusive of VAT and any other third-party charges, excluding the costs of connection to the Internet which remain entirely borne by the user.
4.2 CompuGraphics has the right to adjust the annual amount of the allowance provided for this user at the latest one month before the end of the then current period to be notified unless there were exceptional circumstances.
5.1 Under this agreement CompuGraphics grants the user a limited right of access to the Real of CompuGraphics database which makes them available, and the right to consult the database via a user-selected communication (Internet, ADSL line).
5.2 The user acknowledges that the vested intellectual or industrial property rights to said database in CompuGraphics and will refrain from any action or cooperate with it, which should be regarded as an infringement of these rights.
5.3 The data transmission is dependent on the Internet and the user autonomously selected by the Internet provider. CompuGraphics is not liable for any damage caused by interruption and/or malfunction of the communication or the use thereof.
5.4 The user acknowledges that he is aware of the minimum PC requirements
6.1 The telecommunications line and the Internet are the responsibility of the user.
6.2 CompuGraphics guarantees the user that all useful and necessary measures are taken to allow uninterrupted use of trans Quotes. This warranty does not cover factors which are beyond the control of CompuGraphics as failures and malfunctions of telephone or other communication lines, modems, terminals, e.d.m. CompuGraphics cannot be held liable for any defect, failure or delay in providing the information to the user.
7.1 This agreement is subject to Belgian law.
7.2 Any disputes concerning the formation, interpretation, execution, and termination of this agreement are subject to the exclusive jurisdiction of the courts of Hasselt.
8.1 The possible ineffectiveness of any provision of these Terms shall not affect the validity of the remaining terms and provisions shall remain in full force.
8.2 If a clause would be invalid or unenforceable then the Parties undertake to replace the invalid or unenforceable clause by clause with similar economic effect as much as possible to the original common intention of the parties. The remaining provisions remain thereby have completely ineffective.
8.3 If CompuGraphics not immediately act against a possible violation of any provision of this License Agreement in respect of the user, this can be understood in any way as a definitive waiver of the right of CompuGraphics towards the user.
8.4 The user undertakes its rights or obligations under this License Agreement, in whole or in part be transferred without the prior written consent of CompuGraphics.
8.5 In order to be valid must additions or changes to this License will be in writing and legally by the authorized representatives of the parties.
Signed and approved in Hasselt, September 24, 2010 Van Gompel – Renette Advocaten Herkenrodesingel 4 Bus 1 3500 Hasselt Mail: stefan.tormans@vangompelrenette.be Web: www.vangompelrenette.be