The Customer is upon payment of the license fee invoiced by IntraVision to Customer granted a non-exclusive, non-transferable, irrevocable (within the terms and conditions of this license) paid up license to use the Software only on a single system or equipment, as may be applicable, subject to the particular type of license acquired.
The license rights granted herein are restricted as provided herein and applicable solely to the corresponding number of users for which such rights have been licensed.
Notwithstanding anything in this license to the contrary, it is understood that the Customer is receiving no title or ownership rights to the Software, which rights shall remain with IntraVision and/or its licensors. All copyright, trade marks, patents or other intellectual property rights in the Software and associated documentation and other intellectual property rights arising out of the Customer’s use of the Software shall always remain with IntraVision and/or its licensors.
If for any reason a situation arises, which requires that personnel from IntraVision accesses information covered by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data as transposed into Danish law with, among others, the Act on Processing of Personal Data (act no. 429 of 31 May 2000), then this access shall be governed by the “Data Processor Agreement” covering OnTime and potential OnTime Customers. Support and Service can only be provided after the Customer’s accept of the (“Data Processor Agreement”).
The Software is provided “as is” and the license to the Software is granted without any warranty or guarantee whatsoever. The Customer shall discharge IntraVision of any claim raised by any third party, arising out of the Customer’s failure to comply with the terms of the use of the Software and/or current applicable legislation.
To the extent permitted by applicable law, neither IntraVision nor its suppliers shall in no event be liable for any special, incidental, direct, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other loss) arising out of the use of or inability to use the Software, even if IntraVision has been advised of the possibility of such damages.
The use of the Software and this set of rules shall be subject to Danish law, except for its rules on choice of law. Disputes regarding the Software shall be brought before the Danish Maritime and Commercial Court of Copenhagen as exclusive venue, except for interlocutory measures, which may be sought before any court.