OPENBOX SOFTWARE AGREEMENT
This agreement is made between You and Open Box Models
Limited (collectively “the Parties”), a company incorporated in Ireland with
company number 572790 and having registered address: Galway Technology Centre,
Mervue Business Park, Wellpark Road, Galway H91 D932, Ireland, referred to in
this Licence as “the Company”.
1 Grant of
Licence
1.1 The Company
grants to You a royalty-free, non-exclusive, non-transferable licence (the
“Licence”) to use the Openbox Software (“the Software”) for an initial trial
period of 14 (fourteen) days. Use of the software beyond this period will
require purchase of a subscription from the Company’s website www.openboxmodels.com
2 Licensee’s
Undertakings
2.1 You undertake
not to perform any of the acts referred to in this Clause 2 except to the
extent and only to the extent permitted by law to You as a lawful user of the
Software and only then for the specific limited purpose permitted by law or
under this Licence. You undertake:
2.1.1 not to copy
the Software nor otherwise reproduce the same;
2.1.2 not to
translate, adapt, disassemble, decompile, reverse engineer, vary or modify the
Software, except as permitted by law;
2.1.3 not to
attempt to bypass, subvert or circumvent the licence protection on the
Software;
2.1.4 not to use the
Software to attract customers away from The Company or to procure commercial
advantage over The Company or to use it in any other way which is likely to be
detrimental to The Company or its business;
2.1.5 not to enable
a third party to do any of the acts set out in this Clause 2;
2.1.6 to ensure that
Your employees, agents and other parties who will use the Software are notified
of this Licence and its terms prior to such employee, agent or party using the
Software; and
2.1.7 not to provide
or otherwise make available the Software in whole or in part to any person
outside Your organisation.
3 Limitation
of liability
3.1 You
acknowledge that the software is provided to you “as-is” and may contain bugs.
You accept that the software may not operate as expected and may produce
incorrect results.
3.2 When the
Software encounters bugs or unexpected events, it will prepare a report about
those bugs and attempt to send it to The Company. This report contains
technical information useful to The Company in fixing the bugs. It does not
contain any user identifier, unless you expressly permit this. The Company will
only use this information for the purpose of fixing bugs and will keep it
confidential. You may disable the sending of this information in the Openbox
“Options” window.
3.3 The Company shall not be liable
to You for any loss or damage whatsoever or howsoever caused arising directly
or indirectly in connection with this Licence, the Software, its use or
otherwise, except to the extent that such liability may not be lawfully excluded.
4 Intellectual
Property Rights
4.1 Except for
those components of the Software that are licensed to The Company by third
parties, or for those parts that fall under an open source licence, the
Software and all Intellectual Property Rights in the Software are and shall at
all times remain the property of the Company.
5 Confidential
Information
5.1 If during the
performance of its obligations under this Licence either party (“the Receiving
Party”) is exposed to any information of the other (“the Disclosing Party”)
which the Disclosing Party identifies as being of a confidential or sensitive
nature, the Receiving Party shall respect the confidentiality of such
information and will not use it save insofar as its use is necessary in the
performance of its obligations under this Licence and the Receiving Party shall
restrict dissemination of such information to its employees on a need-to-know
basis.
5.2 The
obligations accepted by the Receiving Party under Clause 5.1 shall not apply to
any information which:
5.2.1 is already
known to the Receiving Party; or
5.2.2 is public
knowledge or enters the public domain without fault on the Receiving Party’s
part; or
5.2.3 is lawfully
received from a third party; or
5.2.4 is ordered to
be disclosed by a court or other tribunal of competent jurisdiction.
5.3 The
obligations upon the Receiving Party under Clause 5.1 shall not oblige the
Receiving Party to exercise a higher degree of care towards the Disclosing
Party’s information than it does towards its own information of a like nature.
5.4 These confidentiality undertakings shall survive the end
of the Licence Period and continue for a period of two (2) years thereafter.
6 Entire
contract
6.1 You agree
that this Agreement and any documents and instruments referred to herein
constitute the entire contract between the Parties to this Agreement and
supersede all other understandings, written or oral, with respect to the
subject matter of this Agreement.
7 Right of
Third Parties
7.1 Except as
expressly provided otherwise in this agreement, this agreement does not confer
any rights on any person or party (other than the parties to this agreement).
8 Severance
8.1 If any
provision of this agreement is held to be invalid or unenforceable by any
judicial or other competent authority, all other provisions of this agreement
will remain in full force and effect and will not in any way be impaired.
8.2 If any
provision of this agreement is held to be invalid or unenforceable but would be
valid or enforceable if some part of the provision were deleted, the provision
in question will apply with the minimum modifications necessary to make it
valid and enforceable.
9 Use of organisation
name
9.1 You agree
that the Company may include your organisation’s name in its public list of
clients. This includes, but is not limited to, including the name on the
Company’s website www.openboxmodels.com
.
10 Governing
Law
10.1 This agreement
will and all non-contractual or other obligations arising out of or in
connection with it will be governed by and construed in accordance with the
laws of Ireland, and the courts of Ireland will have exclusive jurisdiction.
When you visit our website and input your data, we collect Personal Data and other information from you (collectively, “Data”). We use your Personal Data to be able to provide the Service to you:
We collect Personal Data when you share it voluntarily.
‘Personal Data or Personal Information’ means any information relating to you from which you can be identified, directly or indirectly, including your name, identification number, location, online identifier such as your IP address or device ID, or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
‘Special Categories of Personal Data’ means data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and data concerning your health, sex life or sexual orientation.
‘Aggregated Data’ is data in a summary form for statistical analysis. A common purpose of aggregation is to get more information about particular groups based on specific variables such as age, profession, or income level.
‘Pseudonymisation’ means the processing of your personal data in a way that the personal data can no longer identify you without the use of additional information, so long as the additional information is kept separately and is subject to technical and organisational measures to prevent you from being identified or identifiable.
We store and use your Personal Data together with an ID we assign each time you join our community.
Name and Email Address. When you submit your information, we ask you for your real name and email address. We receive access to this information and use it to communicate with you about our program. In addition, we may use this address to email you about products or program believed to be of interest to you.
We use cookies to collect information about your visits to our website. Cookies are text files placed on your computer by websites to collect standard log information and visitor behavior information. Our cookies collect the following information about you: which website or ad you visited right before ours, which pages you visited, and how much time you spent on each section of our website. We may also collect other data about your visit, such as search requests and results. We use this information for our legitimate interests to track usage of our website, to measure the number of unique visitors to the different sections of our website, to understand how people find us to make our website more valuable to everyone. The use of this information is called “analytics.” Often information used for analytics is aggregated.
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Most browsers accept cookies automatically but allow you to disable them. For more information about cookies visit https://www.allaboutcookies.org.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Third Parties Whom We Have Contracts With. Like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include emailing information to you, maintaining our website, databases and mobile applications, processing payments, marketing and advertising, marketing research and analysis, and customer service. When we employ another company to perform a function of this type, we only provide them with the Personal Data and Information they need to perform their specific function and we do not authorize these service providers to use or disclose your personal information except as necessary to perform the tasks we have asked them to do for us or to comply with legal requirements.
You have rights regarding the Personal Data and Information we have about you.
You may object to, or restrict, our collection, use, sharing, transfer and/or storage of your personal information. You may also request a copy of the information that we have about you. You may also ask us to correct or remove personal information you think is incorrect.
We will respond to your request within a reasonable period of time.
Please note, we will also keep and use your personal data or information to comply with laws including tax laws and other applicable laws. We will also keep your Personal Data and Information as necessary for backup, archiving, audit, preventing fraud, resolving disputes, and troubleshooting problems.
If you are located in the European Union (EU), European Economic Area (EEA), UK, or Switzerland, please see also Section 4 (D) below about how to make complaints regarding personal data collected in the EU, UK, and Switzerland and transferred to the U.S.
You may also make a privacy or data use complaint about us to the Data Protection Authority in the UK or EU/EEA Member State where you live or work by visiting the Office of the Data Protection Commissioner list of Data Protection Authorities at https://www.dataprotection.ie/docs/European-Functions-Useful-Links/b/99.htm. Contact our Data Protection Officer at hello@openboxmodels.com.
We use appropriate technical and organizational measures including encryption, aggregation, and pseudonymisation to protect your Personal Data provided via the website from loss, misuse, and unauthorized access or use, disclosure, alteration, or destruction. However, no Internet, email, or other electronic transmission is ever 100% secure or error free, so we cannot guarantee that your Personal Data will never be accessed, used, or disclosed, so you should take special care in deciding what information you share on the website.
“Phishing” is a scam designed to steal your Personal Data or Information. If you receive an e-mail that looks like it is from us asking you for information about you, please contact us.
To keep your Personal Data accurate, current, and complete, please update your account settings or contact us at the email address below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the website.
Please also feel free to contact us if you have any questions about Openbox’ Privacy Policy or the information practices of the program. Our email address for privacy issues is admin@openboxmodels.com.
We keep this Privacy Policy under regular review, and we will notify you when we make changes in the future. Please review this policy periodically, and especially before you provide any Personal Data to us. We will also place any updates on our website. This privacy policy was last updated on the date indicated at the top of this document.
We have no liability or responsibility for the privacy policies or practices of any Integrated program that may be enabled within the website.