End-User License Agreement (EULA)
Papeer International ApS (hereinafter called Papeer), VAT-No. 30604989, Tagensvej 85F, 2nd, DK 2200 Copenhagen N, Denmark, e-mail info@papeer.com hereby grants a non-exclusive, limited license to use the eMagStudioTM software on the terms and conditions of this License Agreement.
This License Agreement is distinct from any other license agreement made with Papeer International ApS.
1. Scope of license
The Licensee is entitled to download and install and use one (1) copy of the eMagStudioTM software for creating eMags and publish such eMags in the Licensees own business.
The Licensee shall not be entitled to grant sublicenses, including to other entities in the same group of companies as the Licensee.
The eMagStudioTM Software can be run without a purchased license in trial mode. The trial mode allows for installation of and production with the eMagStudioTM with a preset time limitation on the installation as well as in the output. The trial mode does not allow for commercial on- or offline publication of content handled with the eMagStudioTM license.
Papeer will not support the Licensee in using this license to produce or handle content on behalf of daughter- or sister companies, customers, partners, end-users or any other company incorporated under different VAT-numbers than the one submitted by the Licensee, or corporate entities under this VAT, unless the licensee is subscribing to a Reseller Service Pack.
2. Requirements for using the eMagStudioTM software
It is a requirement to use the eMagStudioTM software that the IT system of the Licensee complies with certain general technical specifications as defined by Papeer from time to time, and that the Licensee has installed certain open source software.
The relevant open source software is identified in the eMagStudioTM software, and when installing the eMagStudioTMsoftware the Licensee is requested to accept the installation of the relevant open source software. Installation and use of the relevant open source software is subject to license with third parties.
If the Licensee does not accept the installation of the relevant open source software or the corresponding licenses, the eMagStudioTM software will not work according to its purpose. This shall not entitle the Licensee to terminate this License Agreement.
3. Updates
If the license includes updates, Papeer shall currently provide the Licensee with any updates to the eMagStudioTMsoftware offered by Papeer at its discretion.
4. Royalty and Terms of Payment
In consideration of the license granted to use the eMagStudioTM software, the Licensee shall pay to Papeer a lump sum royalty (the license fee) prior to using the software.
If the license includes access to Online Modules on the eMagStudioTM Online Portal, (Service Subscription and/or Service Packs), the Licensee shall in addition to the above lump sum royalty, pay an annual royalty. The annual royalty is payable in advance, and Papeer reserves the right to revise the annual royalty on a yearly basis.
All Services are by default autorenewed and subject to invoicing unless otherwise agreed.
Terms of payment are immediate on activation of license. Unpaid Licenses, Service Packs or Online Modules are by default deactivated after three (3) days from the date of invoice of Papeer.
Interest of 5% is added to unpaid invoices.
The license extends to use of the eMagStudioTM software according to its purpose and in accordance with the user manual as updated from time to time.
5. Use of the eMagStudioTM software
The Licensee undertakes not to reverse engineer, decompile or amend the eMagStudioTM software, including deleting any copyright, trademark or other notices in the eMagStudioTM software.
6. Disclaimer and limitation of liability
The eMagStudioTM software is supplied as-is without any express or implied warranties, and Papeer expressly disclaims any liability for the fitness for a particular purpose of the eMagStudioTM software. Under no circumstances, Papeer – or any distributor or reseller – shall be liable for any indirect or consequential damage, and the aggregated liability of Papeer shall never exceed the amount paid by the Licensee under this License Agreement. Papeer carries no responsibility for the nature and copyrights of the content handled with the software regardless of whether it is public or non-public.
7. Entering into force and termination
The license according to this Agreement shall enter into force when the Licensee has paid the royalty according to item 4 above, and the eMagStudioTM software shall immediately be released for download by the Licensee at a URL to be notified to the Licensee by Papeer.
The Licensee shall be entitled to terminate a license to any Online Modules and Service Packs by giving three (3) months written notice to the anniversary of the license, and without notice to the anniversary of the license if eMagStudioTM has increased the annual royalty by more than twenty per cent (20%) compared to the annual royalty of the previous year.
In case of any breach by the Licensee of its obligation according to this License Agreement, Papeer shall be entitled to terminate this License Agreement without notice, and the Licensee shall immediately discontinue any use of and uninstall and delete all copies of the eMagStudioTM software. Additionally, Papeer reserves the right to block, pause and/or disable the installed software license and all previous content handled or published with the eMagStudioTM.
Unpaid invoices are due regardless of discontinuance of License Agreement Termination.
8. Notifications
Any notifications to the Licensee under this License Agreement should be sent to the e-mail address first above written. The sending of notifications to the e-mail address first above written shall have the same legal effect as if sent by registered mail.
9. Assignment
The Licensee is not entitled to assign or otherwise transfer its rights according to this License Agreement. Papeer is without the consent of the Licensee entitled to assign and transfer its rights in this License Agreement to any third party.
10. Use of customer references
Unless otherwise agreed, Papeer is permitted to refer to licensee as a customer mentioned by company name and referral to their website.
11. Non-disclosure agreement
Papeer is entitled to store non-personal user data from user-sessions within any material published by the eMagStudioTMsoftware. All data will be kept confidential to any third party other than Papeer and the Licensee. Papeer is entitled to use user data for general statistical purposes.
12. Terms for using the eMagCloud.com
The FREE standard hosting on the eMagCloud.com is limited to 200.000 pageviews pr. year or 300GB of traffic. Each page shown counts as a one (1) page. Double-spread pages counts as two (2) pages.
13. Choice of law and venue
The Court of Copenhagen shall have exclusive jurisdiction over any dispute arising out of or relating to this License Agreement. Material Danish law shall apply.
