End-User License Agreement (EULA)
Papeer International ApS (hereinafter called Papeer), VAT-No. 30604989, Skudehavnsvej 17a, DK 2100 Copenhagen Ø, Denmark, e-mail info@papeer.com hereby grants a non-exclusive, limited license to use the eMagCreatorTM software on the terms and conditions of this License Agreement:
1. Scope of license
The Licensee is entitled to download and install and use one (1) copy of the eMagCreatorTM software for conversion of an unlimited number of pdf-files into eMags, including the publication of such eMags in the Licensees own business.
The Licensee shall not be entitled to use 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. Any other use must be approved, documented and signed by Papeer International ApS.
The Licensee shall not be entitled to grant sublicenses, including to other entities in the same group of companies as the Licensee.
The eMagCreatorTM Software can be run without a purchased license in trial mode. The trial mode allows for installation of and production with the eMagCreatorTM 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 eMagCreatorTM license.
1B. Scope of Partner License
Partner Licensees are entitled to deviate from the limitations to not produce for other entities than the licensee itself. Partner Licensees are allowed to produce and deliver eMags based on content from 3rd parties, in agreement with license terms negotiated and agreed with eMagCreatorTM.
2. Requirements for using the eMagCreatorTM software
It is a requirement to use the eMagCreatorTM 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 eMagCreatorTM software, and when installing the eMagCreatorTM software 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 eMagCreatorTM 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 eMagCreatorTM software offered by Papeer at its discretion.
4. Royalty and terms of payment
In consideration of the license granted to use the eMagCreatorTM software, the Licensee shall pay to Papeer a lump sum royalty (the license fee).
If the license includes the statistics module and updates (service subscription), the Licensee shall in additional 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.
Terms of payment are eight (8) days from the date of invoice of Papeer.
The license extends to use of the eMagCreatorTM software according to its purpose and in accordance with the user manual as updated from time to time.
5. Use of the eMagCreatorTM software
The Licensee undertakes not to reverse engineer, decompile or amend the eMagCreatorTM software, including deleting any copyright, trademark or other notices in the eMagCreatorTM software.
6. Disclaimer and limitation of liability
The eMagCreatorTM 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 eMagCreatorTM 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 eMagCreatorTM 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 the statistics module and updates by giving three (3) months written notice to the anniversary of the license, and without notice to the anniversary of the license if eMagCreatorTM has increased the annual royalty by more than ten per cent (10%) 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 eMagCreatorTM 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 eMagCreatorTM.
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. 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.
11. 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.
12. Non-disclosure agreement
Papeer is entitled to store non-personal user data from user-sessions within any material published by the eMagCreatorTM software. 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.
