Standard License Agreement
You must carefully read the following terms and conditions before using, installing, or otherwise dealing in any way with our software, known as Docksters and hereafter referred to as the “Software Product”. By using, installing, or copying the Software Product, you agree to the terms of this agreement (“Agreement”). This Agreement is between you and Docksters B.V. If you do not agree to this Agreement, you must immediately cease use of the Software Product and destroy all copies of the Software Product.The Software Product is not free software. The Software Product is protected by Dutch and international copyright laws. Infringers will be prosecuted.
1. Evaluation Period
Subject to the terms herein, you are licensed by Docksters B.V. to use one single instance of the Software Product for evaluation purposes only for a period of up to 14 consecutive days commencing upon your initial instance activation of the Software Product (“Evaluation Period”).You may not use the Software Product during the Evaluation Period for any business or commercial purpose other than to evaluate the Software Product. If you use or intend to use the Software Product after the Evaluation Period, or if you use or intend to use the Software Product for business or commercial purposes during the Evaluation Period, you must purchase a license to use the Software Product. In addition to other disclaimers set out in this agreement, Docksters B.V. disclaims any liability to you, for any reason, in relation to your use of the software product during any evaluation period.
2. Software Product License
Except with respect to an Evaluation Period (which is governed by Section 1 above) and subject to the terms and conditions of this Agreement, including the payment of license fees, Docksters B.V. hereby grants to you a non- exclusive, non-transferable, non-sublicensable and non-assignable license, solely for your internal business purposes, to download, install, and use (i.e. execute and run) the Software Product: (i) solely in object code format; (ii) solely for Permitted Installations; and, (iii) solely during the Term.“Permitted Installations” means those cloud instances of the Software Product and device (Sensor) allowances as set out in the order confirmation email issued to you for the Software Product which you have purchased and for which you have paid the monthly license fees. For clarity, if an otherwise permitted cloud instance exceeds the sensor allowance that you have purchased, such instance is no longer a Permitted instance.
3. Warranty Disclaimer
The software product is delivered to you “as is’’ and with all faults. Docksters B.V., its suppliers, and licensors do not and cannot warrant the performance or results you may obtain by using the software product. Except to the extent that any warranty, condition, representation, or term cannot or may not be excluded or limited by applicable laws applicable to you in your jurisdiction, Dockster B.V. Software and its suppliers and licensors make no warranties, conditions, representations, or terms (express or implied, whether by statute, common law, custom, usage, or otherwise) as to any matter, including without limitation non-infringement of third-party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. The disclaimer shall survive the termination of this agreement, howsoever caused, but this shall not imply or create any continued right to use the software product after termination of this agreement.The Software Product is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software Product could lead directly to death, personal injury, or physical or environmental damage (“High Risk Activities”). The Software Product was not designed, manufactured, or intended for High Risk Activities. You agree that Docksters B.V. and its suppliers, and licensors will not be liable, directly or indirectly, for any claims or damages arising from the use of, or any failure of, the Software Product in relation to High Risk Activities. Because of the wide variety of hardware and software combinations available, it is up to you to ensure that the Software Product functions well in your environment. You assume the entire risk of using the Software Product.
This Agreement shall commence on the earlier of the date you have a subscription license, or in the case of the Evaluation Period the date you begin to use the Software Product, and shall continue until the later of the end of the Evaluation Period or until the license that you purchased expires (the “Term”). The Term for a purchased license may be:a perpetual license; or a non-perpetual license grant for a specified subscription period.At the end of the Term, you must immediately cease use of the Software Product and stop the data flow to our cloud.
Docksters B.V. may terminate this Agreement at any time if: (a) you breach any term or condition of this Agreement; (b) you make a general assignment for the benefit of creditors or a proposal for rearrangement under any bankruptcy legislation, or a petition is filed against you under any bankruptcy legislation, or if you are adjudicated or declared as bankrupt, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, or any other officer with similar powers is appointed of or for you, or if you commit an act of bankruptcy or propose a compromise or arrangement or institute proceedings to be adjudged bankrupt or insolvent or consent to the institution of such appointment or proceedings or admit in writing any inability to pay debts generally as they become due; or, (c) for any reason where Docksters B.V., acting reasonably, believes that its rights and interests pursuant to this Agreement or in connection with the Software Product, may be at risk from you or any third-party. Upon expiry or termination of this Agreement for any reason, the license and all other rights granted to you under this Agreement shall immediately terminate.
The Software Product is licensed, not sold, and use of the Software Product and its associated materials except as expressly permitted in this Agreement is forbidden. Docksters B.V. reserves all rights not expressly granted to you under this Agreement and your use of the Software Product is restricted as set out in this Agreement.You may not use the Software Product for any purpose or in any manner other than for your internal business purposes as licensed in Section 1 or 2 as applicable, and you may not: (a) reverse engineer, decompile or disassemble the Software Product or otherwise attempt to ascertain the source code for the Software Product; (b) modify or create derivatives of the Software Product or merge all or part of the Software Product with another program; (c) alter, circumvent or override any download, installation, copy, access or use protection devices or mechanisms in the Software Product; (d) alter, circumvent or override any device or mechanism implemented to monitor or verify installation of, access to or use of the Software Product; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software Product; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software Product; or, (g) use the Software Product in a manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights). You shall take appropriate action by agreement or otherwise with all your personnel that you allow to use the Software Product to ensure that they comply with this Agreement. Distribution of the Software Product in any form whatsoever is prohibited without the express written permission of Docksters B.V.
7. Intellectual Property, Enhancements, and Custom Developments
You acknowledge that all suggested improvements or changes relating to the Software Product which Docksters B.V. may receive from you will become the sole intellectual property of Docksers B.V. without consent from or consideration to you.You may engage Docksters B.V. under a separate agreement to make customizations to the Software Product (“Custom Developments”). You acknowledge that, as between you and Docksters B.V., the entire right, title and interest, including any and all ownership rights and intellectual property rights, in and to:(a) the Software Product, and all software, systems and processes used in the development and delivery of the Software Product; and,(b) all Custom Developments,and in each case including any derivative, enhancement or modification thereof, are the exclusive property of Docksters B.V.
8. Open Source Software
As provided or made available to you the Software Product may work in conjunction with open source software (“Open Source Software”). Where applicable, such Open Source Software forms, and is distributed as, a separate and independent software program from the Software, even though such Open Source Software may have been aggregated with the Software for purposes of distribution only. In all cases, all Open Source Software is subject to the terms and conditions of the applicable open source licenses and notices referred to in the applicable Software Product interface (and which may also be found in the product help system) (“Open Source Licenses”). By agreeing to be bound by this Agreement you agree to the terms and conditions of the applicable Open Source Licenses as they relate to such Open Source Software.
9. Limitation of Liability
Docksters B.V. will in no way be responsible, in financial or any other terms, for damages resulting from the use or misuse of the Software Product.Under no circumstances will Docksters b.v. be liable for any indirect, consequential, incidental damages, exemplary damages, any loss of profits, anticipated revenue, loss of customers or contracts, loss of use of equipment or software or loss of data, equipment damage, savings or goodwill, any costs, expenses or interest related thereto, under any theory of law or equity, arising out of or in any way related to this agreement, or for any damages caused by Docksters B.V.’s failure to meet its responsibilities under this agreement.Subject to all disclaimers of liability in this Agreement, Docksters B.V.’s liability for damages to you for any cause whatsoever, and regardless of the form or cause of action, whether in contract or in tort, including negligence and even if a fundamental breach or if this remedy fails in its essential purpose, shall not, in the aggregate, exceed the fees paid by you to Docksters B.V. for the Software Product, if any, in the twelve months preceding the event giving rise to such action.
Docksters B.V. may identify you as a current or former customer on the Docksters B.V. website and other marketing materials, and may reasonably use your trademarks to do so.
This Agreement, including all its attachments, constitutes the entire agreement with you relating to the subject matter hereof and supersedes all other or prior agreements, understandings, negotiations and discussions, whether oral or written. There are no other representations, understandings or agreements between Docksters B.V. and you relating to the subject matter hereof. This Agreement shall be governed by the Dutch law.If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect and shall be valid and enforceable to the extent permitted by law.
12. What do we collect.
We collect information about you when you provide it to us, when you use our Docksters Services, and when other sources provide it to us, as further described below.
Information you provide to us
We collect information about you when you input it into the Docksters services or otherwise provide it directly to us. Account and Profile Information
We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You also have the option of adding a display name, profile photo, job title, and other details to your profile information to be displayed in our Services. We keep track of your preferences when you select settings within the Docksters Services.
Information you provide through our support channels
The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue. When contacting Docksters Software for any reason by telephone, be advised that all calls are recorded for training and legal purposes.Payment Information
We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services
We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services.Device and Connection Information
We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, device identifiers, and crash data. We use your IP address and/or Geolocation with your country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.Cookies and Other Tracking Technologies
What types of technologies do we use?
These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in.For functionality.
These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.For performance and analytics.
These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.Targeting Cookies or Advertising Cookies.
These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.Social media cookies.
These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
How can you opt-out?
Docksters Software Partners
We work with a global network of partners who provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We receive information from these partners, such as billing information, billing and technical contact information, company name, what Docksters Software products you have purchased or may be interested in, evaluation information you have provided and what country you are in.
We receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.
13. Store and secure information
Information storage and security
We use data hosting service providers in Europe to host the information we collect, and we use technical measures to secure your data. For more information on where we store your information, please ask us. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.At Docksters our servers and data centers use SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
We retain your account information for as long as your account is active. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services.
If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.
If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Docksters Software account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations. You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator (see “Notice to End Users” below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases
for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information
Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account and search for content containing information about you using key word searches in the Service. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate your account
If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact Info@docksters.io
. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.
Delete your information
Our Services and give you the ability to delete certain information about you from within the Service.
Request that we stop using your information
In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
Opt out of communications
You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.
Notice to End Users
Many of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.Administrators are able torequire you to reset your account password;restrict, suspend or terminate your access to the Services;access information in and about your account;access or retain information stored as part of your account;install or uninstall third-party apps or other integrations.
In some cases, administrators can also
restrict, suspend or terminate your account access;
change the email address associated with your account;
change your information, including profile information;
restrict your ability to edit, restrict, modify or delete information;