EULA | END USER LICENSE AGREEMENT
This EULA has last been updated on 1th of January 2018.
SCOPE OF LICENSE
• CASK hereby grants the rightful acquirer hereafter referred to as Licensee of CASK a right of use for this software, products and tools created by CASK.
• This license is personal and linked to Licensee’s email address as an employee of an business or organisation that must be a registered customer or client CASK.
• The software may be installed at a maximum of one computer; `and only an authorised user (or the authorised number of users) of this software may actually use these installation(s).
• If the Licensee wants more authorised users, please contact CASK.
IT’S NOT ALLOWED TO:
• Make changes to the software.
• Reverse engineer the source code of the software or decompile the software.
• Give the software in copy to third parties.
• Give the software, sub-license or make it available to third parties, through rental, Software-as-a-Service constructions or otherwise.
INTELLECTUAL PROPERTY RIGHTS
• All rights to the software, the accompanying documentation and all changes and expansions on both are and remain with CASK.
• Licensee only obtains the rights of use and powers that result from the scope of this agreement or that are granted in writing and for the rest you may not use, reproduce or publish the software.
DATA PROTECTION AND PRIVACY
• CASK will not sell personal or business Licensee data to third parties.
• Licensee must register with CASK to use the software.
• Upon registration, CASK processes personal and company information aboutLicensee;In addition your email address, an identification of your PC, server, API, data connection, related information about the use of the software is recorded for administrative, support and information purposes.
• Personal data are only used to implement this agreement, licensing and related purposes such as evaluating the use andor reporting available updates.
• CASK takes appropriate security measurements to protect Licensee data; by securing database and or making use of certified software protection protocols and tooling e.g. HASP keys.
• Consult the CASK privacy statement at www.casksoftware.com for more information that you must accept when activating the software.
• Licensee is responsible for the correct installation and commissioning of the software.
• The documentation contains recommended hardware and software environment requirements.• Use of the software also requires activation. For the purpose of activation,the software runs an activation protocol with a CASK server via internet, or HASP-key, unlock device, serial key or other services to establish the genuinely purchased software created and developed by CASK.
• CASK issues updates from time to time that can correct errors or improve the operation of the software.
• The software and or CASK will notify Licensee when new updates are available,• The software requires an active internet connection for installation of updates is done with Licensee permission and or consent.
• No liability exists for damage resulting from errors that are fixed in an update not installed by Licensee.
• Licensee is responsible for informing CASK about the latest updates and changes to their own hardware and software; that may have implications and changes with CASK links or updates.
• A CASK update may impose conditions that deviate from the provisions of this agreement. This is always reported in advance and you have the opportunity to refuse the update. By installing such an update you agree to these deviating conditions, which will then form part of this agreement.
• For the latest updates, check the CASK website www.casksoftware.com on a regular basis if the software has been manually installed on your device.
• CASK offers Licensee (paid) premium support and custom feature request via www.casksoftware.com
• CASK will provide a reasonable level of support for the functioning of the software via the website or by e-mail.
• CASK does not guarantee any result that all problems or requests submitted by you can be taken into consideration.
• CASK offers via its website www.casksoftware.com a
FAQ –Frequently AskedQuestion section – where Licensees of CASK products are supported and advised on the use of the software.
• CASK does not provide any assistance with the use of CASK, except in the event of a breach of a guarantee given below, except for the rectification of errors reported by you.
GUARANTEE AND LIABILITY DISCLAIMER
• CASK guarantees that the carrier on which the software is delivered functions for 30 days after receipt in accordance with the expectations (and will replace it free of charge if this guarantee is not met); that CASK operates substantially as described in the documentation; that CASK does not contain viruses, malicious routines;
• The technical results of the software have been carefully checked by CASK. However, CASK can not guarantee that this software works flawlessly with third parties and or Licensee own software or hardware.
• CASK does not violate any third-party rights (such as copyrights), which exclude violations as a result of a specific use of the software; endeavour to investigate and repair reported defects to the software as soon as possible orto issue a workaround for this (CASK may postpone the recovery of errors with limited impact until the next scheduled update); but for the rest nothing.
• In the event of intent or gross negligence or failure to comply with a guarantee granted above, CASK will not be liable to you for any reason whatsoever in connection with CASK.
• No liability exists if the damage is not reported to CASK within a reasonable time after discovery and or in previous product versions. Furthermore, no liability exists if the damage is the result of force majeure.
• CASK accepts no liability for the consequences of errors and imperfections in the results of calculations with the software.
• This agreement comes into effect when the software is put into use and will remain in force for one year; Unless no later than one month before the end of this period the license is canceled, it is extended by one year each time. The Agreement will end by operation of law if you have terminated your employment as an employee of an organisation that is a beneficiary of CASK.
•If Licensee stops the usage of CASK software it must delete all copies(including backup copies) of their systems.
• In the event of a breach by the Licensee, direct or indirect contacts by your employee, your clients or related contacts, a one-time immediately due and payable fine of 150,000 euro fine and 5,000 euro fine per consecutive day of activity will apply.• Dutch law applies to this end users agreement. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of this agreement shall be submitted to the competent Dutch court for the district in which CASK is established.
• If it turns out that Licensee turns out to be invalid if any provision of this agreement, this does not affect the validity of the entire agreement. The parties will in that case replace (a) new provision (s) to replace, with which as far as legally possible to the intention of the original agreement is given shape
• SBM Offshore • SPT Offshore • Multiconsult • Bluewater • RINA • HDEC •
and many more.