TeamPlayer 2.2

EULA - End User License Agreement

WunderWorks Software License
IMPORTANT: BY INSTALLING, COPYING, DUPLICATING OR USING THE ACCOMPANYING SOFTWARE AND/OR PRINTED OR ON-LINE DOCUMENTATION IN ANY MANNER OR FORM, YOU AGREE WHOLLY AND COMPLETELY TO THE FOLLOWING LICENSE AND CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, YOU MUST PROMPTLY RETURN OR DESTROY THE ACCOMPANYING SOFTWARE. IT IS STATED THAT THIS SOFTWARE IS A BETA RELEASE AND BY USING THIS SOFTWARE THE USER IS AWARE OF THIS STATUS.
1. Grant of License
1.1 WunderWorks BV (the “Technology Provider”), herewith grants you a non-exclusive, non-transferable license to use the software product(s) and documentation listed in clause 8 of this License (the “Software”) for the period stated in your license (the “Registered use Period”) on the terms and conditions set out in this License.
1.2 You may:
a. install one copy of the machine executable code version of the software in a single location on a hard disk or other storage device and to execute such one copy; and
b. store another copy of the machine executable version of the software in a single location on a hard disk or other storage device solely for back-up purposes;
c. use any accompanying documentation solely for the purpose of assisting you on (a) and (b).
1.3 You may not:
a. Copy, distribute, make public – in any shape or form - the Software except as expressly permitted in this License;
b. reverse engineer, translate, decompile or disassemble the Software and Accompanying material except to the extent by law;
c. rent or transfer all or part of the Software, documentation and Accompanying material or any rights granted hereunder to any person without Technology Provider’s prior written consent; or
d. remove any proprietary notices, labels or marks from the software and accompanying material.
2. Intellectual Property Rights
2.1 All copyright and other intellectual property rights to and in the software and accompanying material and any copies made by you will remain Technology Provider’s and/or its licensors, as applicable.

2.2 Unauthorized copying or distribution of the Software, or failure to comply with the terms of this License, will result in the automatic and immediate termination of this License. Unauthorized duplication of the Software constitutes copyright infringement.
3. Confidential Information
3.1 You acknowledge and agree that the Software and any technical, business, marketing or other information of a confidential nature disclosed by Technology Provider, which at the time of disclosure is designated as confidential or is disclosed in circumstances of confidence, or would be understood by the parties, exercising reasonable business judgment, to be confidential is “Confidential Information”. Confidential Information shall be retained in confidence by you and shall be disclosed and copied solely for the purpose of, and in accordance with this License. You shall only disclose Confidential Information to those of your employees who “need to know” the Information. You shall use the same degree of care that you use to protect your own confidential information of a similar nature, but not less than reasonable care, to prevent the unauthorized use, disclosure or publication of the Confidential Information.
3.2 The obligation and restrictions set out in clause 3 of this License shall not apply to information which:
a. was known by you prior to disclosure, as evidence by your business records;
b. was lawfully in the public domain prior to its disclosure, or becomes publicly available other than by breach this License;
c. was disclosed to you by a third party provided such third party, or any other party from whom such third party receives such information, is not in breach of any confidentiality obligation in respect of such information;
d. is independently developed by you, as evidenced by your business records; or
e. is disclosed when such disclosure is compelled pursuant to legal, judicial or administrative proceedings, or otherwise required by law, subject to you using reasonable efforts to provide prior notice to WunderWorks BV to allow it to seek protective or other court orders.
4. Limitation of Liability
4.1 You acknowledge and agree that the Software and Accompanying material you are evaluating will not run without interruption or be free of bugs and other errors. You agree that neither Technology Provider nor its licensors will have any liability regarding the Software and Accompanying material or your use of the Software and Accompanying material, which you accept is provided “AS IS”.
4.2 Technology Provider disclaims all warranties, conditions, undertakings, terms and obligations either express or implied, including but not limited to implied warranties of fitness for purpose or satisfactory quality, with respect to the Software and Accompanying material.
4.3 Technology Provider will not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
a. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
b. any loss of goodwill or reputation; or
c. any special or indirect or consequential losses, in any case whether or not such losses were within the contemplation of the parties at the date of this License.
4.4 In any case, Technology Provider’s entire liability under any provisions of this License shall be limited to 1.000 EUR.
4.5 Nothing in this License shall exclude or limit our liability for death or personal injury resulting from our negligence.
4.6 Each provision of the paragraphs above excluding or limiting liability shall be construed separately applying and surviving if for any reason one or other of these provisions is held in applicable or unenforceable and remains in force not withstanding termination of this License.
5. Term and Termination
5.1 This License will automatically terminate on the earlier of:
a. you entering into a next fee-bearing License and Support License term with Technology Provider; or
b. you entering into an official Prototype License with Technology Provider; or
c. the end of the ‘License of Use’ Period
5.2 Technology Provider may terminate this License with immediate effect by notice in writing if you are in breach of any of the terms of this License.
5.3 On termination of this License for any reason, you will immediately cease to use the Software and Accompanying material, including any application that you have developed or started to develop containing the Software and delete all copies of the Software from your computer(s).
6. Entire License
6.1 This License constitutes the entire License between us in relation to the Software and accompanying material. You confirm that, in agreeing to accept the terms of this License, you have not relied on any representation save insofar as the same has expressly been made a term in this License.
6.2 You agree that you will have no remedy in respect of any misrepresentation which has not become a term of this License, save that your License to this clause shall not apply in respect of any fraudulent or negligent misrepresentation, whether or not such has become a term of this License.
7. Governing Law and Jurisdiction
7.1 This License shall be governed by Dutch law.
7.2 The General Terms of Delivery (Algemene Voorwaarden) of WunderWorks are part of this License.
8. Software and accompanying material
8.1 Under this agreement the following items are made available, for the stated purposes:
8.2 the software contained in this installer package.
9. Signing / agreeing
9.1 By checking the ‘I Agree’ box and continue installing this software, you state to agree with and comply with these Terms of Use, and you state to be aware of the beta status of this software.