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Terms and Conditions
SOFTWARE LICENSE AGREEMENT
BouMatic Software License Agreement
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
By INSTALLING, REPRODUCING, or MAKING ANY OTHER USE of this BouMatic product (hereinafter “the Software” or “Software”), you are accepting the following License Agreement.

LICENSE AGREEMENT
This is a legal agreement between you (either an individual or an entity) and Bou- Matic LLC. By installing, reproducing, or making any other use of the software you are accepting the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the uninstalled software to the place you purchased it for a full refund.

GRANT OF LICENSE
This License agreement permits you to use one copy of the software program (hereinafter “The SOFTWARE” or “SOFTWARE”) on a single computer at a time. The SOFTWARE is in “use” on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, or other storage device) of that computer.

COPYRIGHT
The SOFTWARE is owned by Bou-Matic or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or a musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not make multiples copies of SOFTWARE or the written materials accompanying the SOFTWARE.

OTHER RESTRICTIONS
You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. Upon such transfer, you will notify Bou-Matic of the transfer and the name and address of recipient. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an Update or has been updated, any transfer must include the most recent update and all prior versions.

LIMITED WARRANTY
Bou-Matic warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt and (b) any Bou-Matic supplied hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of your receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

CUSTOMER REMEDIES
Bou-Matic and its suppliers’ entire liability and your exclusive remedy in the event of a defect in materials and workmanship of the SOFTWARE under normal use during the Limited Warranty period shall be, at Bou- Matic’s option, either (a) return of the price paid by you in exchange for all SOFTWARE contents including written materials; or (b) repair or replacement of the SOFTWARE or hardware that does not meet Bou-Matic’s Limited Warranty and which is returned to Bou-Matic with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days whichever is longer. Neither these remedies nor any product support services are available outside the United States without proof of purchase from an authorized non- U.S. source.

NO OTHER WARRANTIES
There are no other warranties to the maximum extent permitted by applicable law. Bou-Matic and its suppliers disclaim all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware.

NO LIABILITIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES
To the maximum extent permitted by law, in no event shall Bou-Matic or its suppliers be liable for any damages whatsoever (including without limitations, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Bou-Matic product, even if Bou-Matic has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Bou-Matic LLC, 1919 South Stoughton Road, P.O. Box 8050, Madison, WI 53708-8050. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Wisconsin.

SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT
BouMatic Software Service Terms and Conditions of Support The SUPPORT and MAINTENANCE for BouMatic software is provided by BouMatic Software Service, P.O. Box 721, Zip code 9400 AS, Assen, the Netherlands.

GENERAL
The terms and conditions apply to the sales, services, SUPPORT and MAINTENANCE (known as the Goods) from the Supplier. The terms and conditions detailed here on in supersede all other previous, verbal, written, electronic or 3rd party agreements. The general terms of conditions of the Supplier from which these articles have been drawn are placed at the KAMER VAN KOOPHANDEL (chamber of commerce) in Meppel in Netherlands under number 04029997.

CHANGES IN TERMS AND CONDITIONS
The Supplier can change and/or add to the terms and conditions. The Buyer will be informed in writing of this and may make a written objection within 30 days of receiving the superseded terms and conditions. Changes or adjustments on these Terms and Conditions for a specific agreement between the Supplier and Buyer are only valid if they are confirmed by the Supplier in writing. All activities performed by the Supplier for support are under Dutch Laws. Any disagreements will be put before an official judge in Amsterdam. Netherlands. These terms and conditions are printed on the back of every quotation/sales agreement and/or invoice. Signing a quotation or a sales agreement or paying an invoice with these terms and conditions on the back means a full acceptance of the most recent version of these terms and conditions.

SUPPORT
As long as the SUPPORT and MAINTENANCE contract is paid up to the payment date of invoice the Buyer may use the support facilities of the Supplier. The SUPPORT facilities of the Supplier include : a) Telephone or e-mail advice on the use of the Supplier software available during normal office hours.
b) User group meetings.
SUPPORT does not contain any services that are not detailed above.

MAINTENANCE
During the SUPPORT and MAINTENANCE agreement, the Buyer is authorised to use the results of the general MAINTENANCE, which will be provided to the Buyer on a regular basis. General MAINTENANCE includes the deleting of errors as well as improving and expanding the available modules in the Supplier software. Constructive maintenance includes creating new modules within the current program and also the development of new-detached programs. As long as the Buyer has a paid for current SUPPORT and MAINTENANCE Contract in place the Buyer will be updated with the upgraded program excluding new modules. Constructive MAINTENANCE (new modules and detached programs) can be purchased from the Supplier at the agreed prices. The supplier is entitled to refuse complete or partial MAINTENANCE or to cancel in full the contract of the Buyer if:
a) The Supplier software delivered is changed by the Buyer without written permission of Supplier.
b) MAINTENANCE and service is necessary because of incorrect use of the software or because of causes resulting from other external factors.
c) There is a danger to the safety of the employees of the Supplier or third party persons, which are hired by the Supplier.
d) There is a general crisis in the sector because of serious animal health problems such as Foot and Mouth disease.


TRAINING COURSES
The Supplier offers the Buyer the opportunity to take up a training course. These will be offered at the time of sale or at times through out the duration of the SUPPORT and MAINTENANCE contract.

PRICE AND PAYMENT
All prices invoiced or quoted will be subject to the VAT rates and other tax legislation applicable at the time of the invoice or quotation.

The annual SUPPORT and MAINTENANCE price for the software will be invoiced as agreed in monthly, quarterly, half yearly or on an annual basis, but always in advance.

Supplier’s invoices are due for payment 14 days from date of invoice, and no deductions are allowed. The Supplier is always authorised to change its prices within legal boundaries. The Supplier will annually increase the prices for SUPPORT and MAINTENANCE at a minimum by the inflation factor.

If the Buyer fails to pay the invoice within the 30 days payment period the Supplier have the right to surcharge the Buyer a 5% credit charge on the outstanding amount.

The Supplier has the right to withdraw the MAINTENANCE and SUPPORT of the Buyer if the invoice payment is unpaid 30 days after the date of invoice.

DURATION
The start of a SUPPORT and MAINTENANCE contract will be, if not specified otherwise in the sales agreement, for an initial period of 1 year. After this period there is an automatic renewal on a yearly basis. The payment of the annual SUPPORT and MAINTENANCE can be done as specified under PRICE AND PAYMENT.

Termination of the SUPPORT and MAINTENANCE Contract is only possible if it is submitted in writing by the Buyer one month prior to the end of the duration of the contract.

TERMINATION
Either party may terminate the contract in writing and by registered mail with immediate effect only when the other party did not fulfil it’s obligations after a written warning with a reasonable period to fulfil it. The Supplier can terminate the contract directly if the Buyer is in state of bankruptcy, liquidation or payment default. BouMatic Software License Agreement Bou-Matic papier.indd 2





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