Last updated: July 21, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Qnurex EAICenter Online for Microsoft Dynamics 365
- Application Store means the digital distribution service operated and developed by Microsoft AppSource in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Baden-Württemberg, Germany
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Qnurex GmbH, Ziegelstraße 20 – 24 / 1, 71063 Sindelfingen, Deutschland.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Application.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acceptance of Terms
The services that Qnurex provides to you are subject to the following Terms of use (“TOU”). Qnurex reserves the right to update and modify the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of our webpages. When we make updates to the TOU, Qnurex will update the date at the top of this page. By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Licence
A valid license is required to use our services, please contact us to get a valid license.
a. License grant. Offerings are licensed and not sold. Qnurex grants the Customer a nonexclusive and limited license to use the ordered Offerings. These licenses are solely for the Customer’s own use and business purposes and are non-transferable.
b. Duration of licenses. Licenses granted on a subscription basis expire at the end of the applicable subscription period outlined in the Order unless renewed.
c. End Users. The customer will control access to and use of the Offerings by End Users and is responsible for any use of the Offerings that does not comply with this Agreement.
d. Affiliates. Customers cannot order Offerings for use by their Affiliates.
e. Reservation of Rights. Qnurex reserves all rights not expressly granted in this Agreement.
Offerings are protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use Offerings on a device do not give Customer any right to implement Qnurex’s patents or other intellectual property in the device itself or in any other software or devices.
f. Restrictions. Except as expressly permitted in this Agreement, Documentation or an Order,
Customer must not (and is not licensed to):
(1) copy, modify, reverse engineer, decompile, or disassemble any Offering, or attempt to do so;
(2) install or use any third-party software or technology in any way that would subject Qnurex’s intellectual property or technology to any other license terms;
(3) work around any technical limitations in an Offering or restrictions in Documentation;
(4) separate and run parts of an Offering on more than one device;
(5) upgrade or downgrade parts of an Offering at different times;
(6) use an Offering for any unlawful purpose;
(7) transfer parts of an Offering separately;
(8) distribute, sublicense, rent, lease, or lend any Offerings, in whole or in part, or use them to offer hosting services to a third party.
g. Feedback. Any Feedback is given voluntarily, and Qnurex does not grant to the recipient, the rights to make, use, modify, distribute, and commercialize the Feedback as part of any of the recipient’s products and services, in whole or in part, and without regard to whether such Feedback is marked or otherwise designated by the Qnurex as confidential.
Privacy
Check our privacy policy (link)
Verifying Compliance
Customers must keep records relating to Offerings. The Company may verify Customer’s compliance with this Agreement at any time upon 30 days’ notice. To do so, the Company may engage an independent auditor (under nondisclosure obligations) or ask Customer to complete a self-audit process. Customer must promptly provide any information and documents that the Company or the auditor reasonably requests related to the verification and access to systems running the Offerings. All information and reports related to the verification process will be Confidential Information and used solely to verify compliance. Nothing in this section limits Customer’s right to audit Company under the GDPR provisions.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions or if the Licence is expired.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
In no event shall the Company and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@qnurex.de