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| Terms of Use |
(as of December 2012)
| IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL. |
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| 14 DAY FREE TRIAL
Upon registration to use the Site called www.OnBRM.com, Web Services, Data and Third Party Data, Presys A/S will provide a restricted use, free trial of the Site, Web Services, Data and Third Party Data for fourteen (14) days.
THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF PRESYS A/S AND MAY BE MODIFIED AT ANY TIME. THE FREE TRIAL IS PROVIDED ONCE AND ONLY UPON YOUR FIRST REGISTRATION AT THE SITE FOR A SINGLE FOURTEEN (14) DAY PERIOD. THE FREE TRIAL IS NOT PROVIDED UPON SUBSQUENT REGISTRATION BY CUSTOMER OR CUSTOMER’S AGENTS OR AFFILIATES.
ANY DATA ENTERED INTO THE SERVICES, AND ANY CUSTOMIZATIONS BY AND FOR YOU DURING THE FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD, YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G FROM AN ENTERPRISE TO A SMALL BUSINESS), THEREFORE IF YOU PURCHASE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOU DATA WILL BE PERMANTLY LOST.
NOTWITHSTANDING SECTION 16 (WARRANTIES AND DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.
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| 1 | Scope |
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| 1.1 | Any use of this web site provided by Presys A/S and/or its affiliates,
called www.OnBRM.com, is subject to these Terms of Use. These Terms of
Use may be replaced, amended, or modified by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the
OnBRM´s Web Site these Terms of Use are accepted in their current version. |
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| 1.2 | In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly. |
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| 1.3 |
All disputes concerning these
Terms of Use and their subject matter shall be resolved in accordance with
Section 15 of this Agreement for
OnBRM.
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| 2 | Services |
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| 2.1 | This OnBRM Web Site contains specific information and software, as well as related documentation, for viewing or downloading. |
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| 2.2 | Presys A/S may stop the operation of the
OnBRM Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Presys
A/S can´t accept any liability for the continuous availability of the OnBRM Web Site.
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| 3 | Fees and Payments |
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| You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card (you will receive a receipt) or send an invoice (for the moment we only accept payments by an invoice). Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable.
Subscriptions are paid monthly.
We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, please call Customer Service at +45 42 17 20 70 so they can tell you how to make changes. If you believe someone has accessed a Service using your user name and password without your authorization, please call Customer Service at +45 42 17 20 70. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
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| 4 | Cancellation and Renewal |
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| Your subscription will renew automatically, unless it is cancelled in accordance with this Section. For monthly subscriptions, we will not notify you of the pending renewal of your subscription, except as otherwise required by law.
For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. For the moment Presys A / S only accepts payments by an invoice, so you get a monthly invoice. We may cancel your subscription at any time by notifying you. You may cancel your subscription at www.OnBRM.com. or calling Customer Service at +45 42 17 20 70. We accept cancellations email to onbrm@onbrm.com for the moment.
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| 5 | Credit Card |
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| If you choose to pay over
Internet, all your personal information will be encrypted (SSL), including
your bank details. Neither Preys A / S or its affiliates know or store your credit card information. |
| 6 | Registration, Password |
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| 6.1 | Some pages of the OnBRM Web Site
is password protected. Because of safety and security of the business transactions, only registered
users may access said pages. Presys A/S reserves the right to deny registration to any user. Presys A/S particularly reserves the right to determine certain
pages, which were previously freely accessible, subject to registration. Presys A/S is entitled, at any time and without obligation to give reasons, to deny the
user the right to access the password-protected area by blocking its User Data (as defined below), in particular if the
user
- Uses false data for the purpose of registration
- Violates these Terms of Use or neglects its duty of care with regard to User
Data
- Violates any applicable laws in the access to or use of the OnBRM Web Site
- Didn´t use the OnBRM Web Site for a longer period (for example an expired free trial).
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| 6.2 | For registration the
user shall give accurate information. Where such information changes over time, update such information without undue delay. The user shall ensure, that its
email address, as supplied to Presys, is current at all times and an address at which the
user can be contacted as well as credit card details are correct. |
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| 6.3 | If the credit card information are no longer correct or there are problems with the method of payment for example the account to the credit card is closed, Presys A / S can stop your subscription immediately. |
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| 6.4 | Upon registration the
user will be provided with an access code, comprising a User name and a password ("User Data"). The
user may change the password received from
OnBRM into a password known only to the user. The User Data allows the user to view or change its data or, as applicable, to withdraw its consent to data processing. |
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| 6.5 | The user shall ensure that User Data is not accessible by third parties
without Presys´ knowledge and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the
user shall log-off from the password protected websites. If and to the extent the
user becomes aware that third parties are misusing its User Data the User shall notify Presys thereof without undue delay in writing, or, as the case may be, by
email. |
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| 6.6 | After receipt of the notice under Section
6.5,
OnBRM will deny access to the password-protected area under such User Data. Access by the
user will only be possible again upon the user's application to
OnBRM or upon new registration. |
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| 6.7 |
The user may at any time request termination of its registration in writing or calling, provided that the deletion will not violate the proper performance of contractual relationships. In such event Presys will remove all user data and other stored personally identifiable data of the
user as soon as these data are no longer needed. See section 4 on the conditions for the termination of your subscription |
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| 7 | Rights of Use to Information, Software and Documentation |
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| 7.1 | The use of any information, software and documentation made available on or via this
OnBRM Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Presys. |
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| 7.2 | Presys A / S grants
the user a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the
user on or via the
OnBRM Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Presys A / S in making
this available. See section 7.5 on licensing. Presys A / S provides components available to the user on the OnBRM Web Site, which is Open Source. It is described on the OnBRM Web Site, which components are Open Source |
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| 7.3 | The
Software, information, and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The
user shall observe such laws and in particular shall not modify, conceal or remove any
text, marks or copyright notices neither from the software, information, documentation, or any copies thereof. |
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| 7.4 | Brand names, information, and other contents of the
OnBRM Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Presys
A / S. |
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| 7.5 | Except for the rights of use and other rights (for example Open Source) expressly granted herein, no other rights are granted to the
user nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are
absolutely not granted to the user. |
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| 7.6 | Presys A / S may, without charge, use any ideas or proposals stored by a
user on the
OnBRM Web Site for the development, improvement and sale of its products. The user, however, after having contacted in writing Presys A / S gets a possibility to reach an agreement with Presys A / S. |
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| 8 | Liability for defects of title or quality |
| 8.1 | Insofar as any
software, information, or documentation is made available at low cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded. See Section 16. |
| 8.2 | The information on the
OnBRM Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of the subscription. You should visit OnBRM's website at regular intervals to review the latest provisions that users must maintain. |
| 9 | Our Protection of Your Data |
| 9.1 | We shall maintain appropiate administration, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Paragaph 6.1 or as expressly permitted in writing by You,
or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.
Services may be subject to other limitations, such as limits on disk storage space, limits on the number of calls you are permitted to make against Our application programming interface (API).
Any such limitations are specified at OnBRM's website.
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| 10 | Other Liability, Viruses |
| 10.1 | The liability of Presys
A/S for defects in relation to quality and title shall be determined in accordance with the provisions of Section 8 and Section 16 of these Terms of Use. Any further liability of Presys is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence. |
| 10.2 | Although Presys
A/S makes every endeavor to keep the
OnBRM Web Site free from viruses, Presys cannot make any guarantee that it is virus-free. The
user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. |
| 11 | Hyperlinks and Connections |
| | The OnBRM Web Site contains hyperlinks
and other connections (e.g. Web Services) to the web pages and Web Sites of third parties. Presys
A/S shall have no liability for the contents of such web pages and Web Sites and does not make representations about or endorse such web pages
and Web Sites or their contents as its own, as the OnBRM Web Site or Presys
A/S does not control the information on such web pages and Web Sites (or Web
Services) and is not responsible for the contents and information given thereon. The use of such web pages,
Web Sites or other connections shall be at the sole risk of the User. |
| 12 | Duties of the User |
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| 12.1 | In accessing or using the
OnBRM Web Site the user shall not:
- Harm other persons, or infringe their personal rights
- Breach public morality in its manner of use
- Violate any intellectual property right or any other proprietary right
- Transmit, store or upload hyperlinks (Web Services) or contents to which the User is not entitled, in particular in cases where such hyperlinks (Web Services) or contents are in breach of confidentiality obligations or unlawful
- Distribute advertising or unsolicited emails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the
user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity
- Upload any contents containing a virus, e.g. a Trojan Horse, or any other program that could damage data
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| 12.2 | Presys A / S may deny access to the
OnBRM Web Site at any time, in particular if the user breaches any obligation arising from these Terms of Use. |
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| 13 | Export Controls |
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| 13.1 | The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The
user shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the
USA. |
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| 13.2 | Upon request Presys A / S shall inform the User of the relevant contact points for further information. |
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| 14 | Data Privacy Protection |
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| | For use, processing,
and collection of personally identifiable data of the user of the
OnBRM Web Site, Presys A / S shall comply with applicable laws on data privacy protection and the informations about Data Protection Privacy Policy, which can be read on the
OnBRM Web Site (www.onbrm.com).
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| 15 | Supplementary Agreements, Place of Jurisdiction, Applicable Law |
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| 15.1 | Any supplementary agreement requires the written form. |
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| 15.2 | The place of jurisdiction shall be
Copenhagen as Voldgift (Arbitration) at Voldgiftsretten (The arbitral tribunal). |
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| 15.3 | The individual pages of the
OnBRM Web Site are operated and administered by Presys A / S and/or its affiliates. The pages comply with the law applicable in
Denmark where Presys A/S has its business residence. If Users access OnBRM Web Site from outside Denmark, they are exclusively responsible for compliance with all applicable local laws. Access to
OnBRM Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where
a user seeks to do business with
OnBRM, the user should contact an OnBRM representative for the particular country for country specific business. |
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| 15.4 | These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance
with this document called Terms of Use. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. |
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| 16 | Warranties and disclaimers |
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YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND TOOLS AVAILABLE THROUGH ONBRM's WEB SITE IS ON AN "AS-IS" and "AS AVAILABLE" BASIS AND PRESYS A / S SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRESYS A / S AND ITS SUBSIDIARIES
AND AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, LOSS OF DATA AND BUSINESS INTERRUPTION (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY
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