1. Scope of the License
1.1 Schoolyear hereby grants to the lawful acquirer of Schoolyear Exams ("you") a right of use for this software. This right is limited to use by you within your company or institution.
1.2 This license is personal. The software may be installed on an unlimited number of computers, but only an authorized user (or the authorized number of users) may actually use these installations.
1.3 It is not permitted to:
- Reverse engineer the source code of the software or to decompile the software, except as permitted by mandatory law or applicable open source license;
- Provide copies of the software to third parties;
- Sub-license the software or make it available to third parties, by rental, Software-as-a-Service arrangements or otherwise;
- Make changes to the software, except as permitted by mandatory law;
- Remove or obscure indications of Schoolyear as the copyright owner of the software or parts thereof.
2. Intellectual Property
2.1 All rights to the software, the accompanying documentation, and all changes and extensions to both lie with and remain with Schoolyear. You only obtain the usage rights and authorities that arise from the scope of this agreement or are granted in writing, and otherwise, you may not use, reproduce or disclose the software.
2.2 The software includes open source software from third parties. Their respective copyright holders grant you a right of use under the relevant open source licenses. You can find these in the manual. This end-user license does not apply to these open source packages, and nothing from this end-user license may be construed as a restriction of a right granted to you under an open source license.
3.1 You are responsible for the installation and commissioning of the software.
3.2 The right of use is granted to you free of charge.
3.3 You must register to use the software. Upon registration, Schoolyear processes your personal data. In addition to the data requested on the registration form, information about the software is recorded. This personal data is only used for the execution of this agreement and related purposes such as making related offers or notifying of available updates.
3.4 Personal data will be erased when they are no longer needed for the execution of this agreement, unless retention thereafter is required by law. Please consult the Schoolyear privacy statement referred to in the registration form.
4.1 From time to time, Schoolyear releases updates that correct errors or improve the functioning of the Software.
4.2 There is never liability for damage resulting from errors that have been remedied in an update that you have not installed.
4.3 An update may stipulate conditions that differ from those set out in this agreement. You will always be notified in advance, and you then have the opportunity to refuse the update. By installing such an update, you agree to these differing conditions, which will then form part of this agreement.
5.1 Schoolyear does not provide support to students using Schoolyear Exams, except in case of a breach of a warranty provided below, except when correcting errors reported by you.
6. Warranties and Liability
6.1 Schoolyear guarantees:
- That Schoolyear Exams substantially work as described in the documentation;
- To strive to investigate and correct reported defects in the software as quickly as possible or to release a workaround for this (Schoolyear may postpone the correction of minor impact errors until the next planned update);
- But nothing else.
6.2 Except in the case of intent or gross negligence or failure to comply with a guarantee granted above, Schoolyear is not liable to you, on any grounds whatsoever, for any damage in connection with Schoolyear Exams.
6.3 No liability exists if the damage is not reported to Schoolyear within a reasonable time after discovery. Further, no liability exists if the damage results from force majeure.
7. Duration of the Agreement
7.1 This agreement enters into force upon the commissioning of the software and then remains in force for an indefinite period.
7.2 This agreement ends by operation of law if you are declared bankrupt, you apply for a suspension of payments or a general seizure of your assets is made.
7.3 Upon termination of the agreement (for whatever reason), you must cease and desist from any use of Schoolyear Exams. Then you must remove all copies (including backup copies) of Schoolyear Exams from all your systems.
8. Other Provisions
8.1 Dutch law applies to this end-user agreement.
8.2 Unless otherwise prescribed by the rules of mandatory law, all disputes that may arise from this agreement will be submitted to the competent Dutch court for the district in which Schoolyear is located.
8.3 If any provision of this agreement is found to be void, this does not affect the validity of the entire agreement. In that case, parties will establish one or more new provisions to replace it, which will, as legally possible, give shape to the intent of the original agreement.
8.4 Schoolyear may transfer its rights and obligations from this agreement to a third party who takes over the relevant business activities or the copyright on Schoolyear Exams from it.