MC DC END USER LICENSE AGREEMENT

Version LINK | Version UNITE | Version CONNECT

If you do not understand the present agreement or if you believe that it does not apply to you, we kindly ask you to contact InSites through e-mail at info@InSites.eu.

2. DEFINITIONS

“InSites”: NV InSites, with registered offices at Evergemsesteenweg 195, B-9032 Gent, Belgium, KBO n° 0465.109.357.

“InSites Product” or “Product”: The MCDC report and online analysis tool and the InSites data base used as basis for the analysis tool, version Link, as described on www.mcdc.InSites.eu/packages.aspx

End User: Person or legal entity purchasing the InSites Product in order to use it for personal use or for use within the purchasing legal entity, without any objective of reselling or renting or lending out the InSites Product to its clients, business partners, entities belonging to the same group or to any third party other than the End User.

License: The right obtained under the present End User License Agreement to use the InSites Product under the conditions set out in the present End User License Agreement.

3. GRANT OF LICENCE

1. The present End User License Agreement gives the End User a non exclusive and non transferable License to use one copy of the Product acquired with this License and in the manner and for the purpose described in the present agreement and on all computers used within the purchase department of the End User.
2. The Use of this InSites Product is restricted to the End User itself and for use by its employees only and within its legal entity only. The End User does not have the right to resell or rent or lend out the InSites Product, nor does he have the right to transfer his License to a third party. By accepting the terms and conditions of the present End Use License Agreement, the End User accepts full liability and responsibility for any damages to InSites induced by any illicit resale, rent or lend out or any other use of the InSites Product by the End User.
3. The content of the InSites Product, and especially that of the online report, the database and the analyzing tool, constitutes a valuable asset of and is proprietary to InSites. The End User agrees to maintain as confidential and agrees not to disclose any part or the whole of the content directly or indirectly to any third party.
   
   The End User undertakes to use the Product only in the context and for the purpose of the present End User License Agreement, to refrain from disclosing any content of the product to third parties without obtaining prior written authorization from InSites, to strictly restrict disclosure of any such content to those of its employees to whom the content needs be disclosed for content assessment and day to day work purposes, to obtain from those of its employees that may have access to the Product, enforceable undertakings in terms at least as binding upon the said employees as the End user is bound to towards InSites, to make only such copies of any content as are strictly necessary for the purpose of the normal use of the InSites Product, to immediately inform InSites upon becoming aware or suspecting that any content has been disclosed to an unauthorized person.

4. DURATION - TERMINATION

1. The present License is granted for an unlimited period of time.
2. In the event that the End User does not respect the terms and conditions of the present agreement, InSites will be entitled to terminate the License with immediate effect. In that event, the End User must immediately and at the latest upon first demand destroy the originals of the InSites Product and all copies in its possession as well as all documentation related to the InSites Product. In the event of such termination, InSites will be entitled to full compensation by the End User of all possible damages.
3. The End User is allowed to terminate the License at any given moment by returning the InSites Product, all copies of this Product and all documentation to InSites. Such termination does not entitle the End User to any compensation whatsoever.
4. For as far as the online reporting tool is concerned, InSites underlines that this is a temporary tool that is offered for an initial period of 12 months as from the product launch date.  InSites does not guarantee to maintain this tool passed this initial 12 month period.  If it does maintain the online reporting tool for longer than the initial 12 month period, it will be entitled to withdraw the tool at any given moment to its own discretion without prior notice.  All possible damages arising from the withdrawal of the online reporting tool are subject to article 8.3. and 8.4.

5. INTELLECTUAL PROPERTY

1. The InSites Product is licensed, not sold to the End User. The End User does not obtain any property right on the InSites Product. InSites and its suppliers remain the owner of the InSites Product and holder of all copyright, software protection rights, database protection rights and other intellectual property rights on this Product. Its code, structure, content and organization are the valuable trade secrets of InSites and its suppliers and are protected by Belgian copyright laws, software protection laws, database protection laws and International treaties.
   
   Any use of the InSites Product is subject to the following limitations:
   
   
2. The End User is allowed to make backup server-copies of the InSites Product, provided that these backup server-copies are only used for backup purposes in case of failure of the main server and that these backup copies are not used for production purposes at the same time as the main server version of the InSites Product.
3. The End User is not allowed to make any copies of the InSites Product, other than the backup copies mentioned in art. 5.2. and the licensed copies mentioned in article 3.
4. The End User is not allowed to modify, translate or adapt the InSites Product without the prior written agreement of InSites, that has the discretionary right to agree or refuse such modification, translation or adaptation.
5. The End User is not allowed to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any part of the software incorporated in the InSites Product in any other way than that described under art. 7 of the software protection law of 30 June 1994 “houdende omzetting in Belgisch recht van de Europese Richtlijn van 14 mei 1991 betreffende de rechtsbescherming van computerprogramma’s” or under the database protection law of 31 August 1998 “houdende omzetting in Belgisch recht van de Europese richtlijn van 11 maart 1996 betreffende de rechtsbescherming van databanken”.
6. The End User is not allowed to adapt or remove any of the copyright and/or trademark related notices in the InSites Product. The End User will use copyright mentions and trademarks in accordance with accepted copyright and trademark practice, including identification of copyright and/or trademark holders names. Copyright and trademark mentions can only be used to identify printed output produced by the InSites Product and such use does not give the End User any intellectual property right.

6. THIRD PARTY LICENSES

Certain components bundled with this product may be provided under third party licenses and may be subject to other terms and conditions as those of the present agreement.

InSites does not assume any responsibility in case of infringement of such third party license agreements by the End User.

7. COMPLIANCE WITH LICENSES

If you are a business or organization, you agree that upon request by InSites or InSites’ authorized representative, you will (within 14 days) fully document and certify that your use of the InSites Product at the time of the request is in conformity with your valid Licenses from InSites.

8. DISCLAIMER OF WARRANTY

1. The InSites Product and its documentation is provided AS IS and with all its faults.
2. InSites provides all reasonable efforts to ensure accessibility and normal functioning of the online reporting tool.  InSites does not however guarantee any minimal service level and all damages caused by server downtime are subject to the limitation of liability under section 8.3.
3. To the extent permitted by Belgian law, InSites and its suppliers will not be liable for any general, special, direct, indirect, consequential, incidental, or other damages to the End User, including los of profits, los of saving and any claim by any third party arising out of the License of the Product, the use of the Product, the characteristics of the Product, the services and tools offered by InSites or the withdrawal of such services and tools, even if a representative of InSites has been advised of the possibility of such damages, except in the case of willful misconduct or fraud on the part of InSites or its suppliers.
4. Should a competent Belgian court hold InSites or its suppliers liable notwithstanding this provision, the liability, if any, of InSites and its suppliers will in any event be limited to the amount the End User actually paid to InSites or its distributors in consideration of the present License.

9. CONTROL OF PROCEEDINGS

1. The End User shall forthwith inform InSites in writing about the existence and substance of any legal action based on the allegation that the InSites Product infringe(s) any intellectual or industrial property right of any third party and leave the handling of the case entirely to InSites, including the making of any settlements.

10. GOUVERNING LAW – JURISDICTION

1. The Agreement shall be governed by and interpreted in accordance with the laws of Belgium.
2. Any disputes arising between the parties concerning the creation, performance and interpretation of this Agreement shall be submitted solely to the courts of Brussels.

11. ENTIRE AGREEMENT

1. The present Agreement constitutes the final, complete and exclusive written expression of the intentions and Agreement of the parties hereto and shall supersede all previous communications, representations, Agreements, promises or statements, either oral or written, by or between either party.
2. The present Agreement shall supersede both parties General Terms of Agreement insofar that these are contrary to any of the articles of the present Agreement.

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If you do not understand the present agreement or if you believe that it does not apply to you, we kindly ask you to contact InSites through e-mail at info@InSites.eu.

2. DEFINITIONS

“InSites”: NV InSites, with registered offices at Evergemsesteenweg 195, B-9032 Gent, Belgium, KBO n° 0465.109.357.

“InSites Product” or “Product”: The MCDC report and online analysis tool and the InSites data base used as basis for the analysis tool, version Unite, as described on www.mcdc.InSites.eu/packages.aspx

End User: Person or legal entity purchasing the InSites Product in order to use it for personal use or for use within the purchasing legal entity, without any objective of reselling or renting or lending out the InSites Product to its clients, business partners, entities belonging to the same group or to any third party other than the End User.

License: The right obtained under the present End User License Agreement to use the InSites Product under the conditions set out in the present End User License Agreement.

3. GRANT OF LICENCE

1. The present End User License Agreement gives the End User a non exclusive and non transferable License to use one copy of the Product acquired with this License and in the manner and for the purpose described in the present agreement and on all computers used within the purchase department of the End User.
2. The Use of this InSites Product is restricted to the End User itself and for use by its employees only and within its legal entity only. The End User does not have the right to resell or rent or lend out the InSites Product, nor does he have the right to transfer his License to a third party. By accepting the terms and conditions of the present End Use License Agreement, the End User accepts full liability and responsibility for any damages to InSites induced by any illicit resale, rent or lend out or any other use of the InSites Product by the End User.
3. The content of the InSites Product, and especially that of the online report, the database and the analyzing tool, constitutes a valuable asset of and is proprietary to InSites. The End User agrees to maintain as confidential and agrees not to disclose any part or the whole of the content directly or indirectly to any third party.
   
   The End User undertakes to use the Product only in the context and for the purpose of the present End User License Agreement, to refrain from disclosing any content of the product to third parties without obtaining prior written authorization from InSites, to strictly restrict disclosure of any such content to those of its employees to whom the content needs be disclosed for content assessment and day to day work purposes, to obtain from those of its employees that may have access to the Product, enforceable undertakings in terms at least as binding upon the said employees as the End user is bound to towards InSites, to make only such copies of any content as are strictly necessary for the purpose of the normal use of the InSites Product, to immediately inform InSites upon becoming aware or suspecting that any content has been disclosed to an unauthorized person.

4. DURATION - TERMINATION

The present License is granted for an unlimited period of time.

In the event that the End User does not respect the terms and conditions of the present agreement, InSites will be entitled to terminate the License with immediate effect. In that event, the End User must immediately and at the latest upon first demand destroy the originals of the InSites Product and all copies in its possession as well as all documentation related to the InSites Product. In the event of such termination, InSites will be entitled to full compensation by the End User of all possible damages.

The End User is allowed to terminate the License at any given moment by returning the InSites Product, all copies of this Product and all documentation to InSites. Such termination does not entitle the End User to any compensation whatsoever.

For as far as the online reporting tool is concerned, InSites underlines that this is a temporary tool that is offered for an initial period of 12 months as from the product launch date.  InSites does not guarantee to maintain this tool passed this initial 12 month period.  If it does maintain the online reporting tool for longer than the initial 12 month period, it will be entitled to withdraw the tool at any given moment to its own discretion without prior notice.  All possible damages arising from the withdrawal of the online reporting tool are subject to article 8.3. and 8.4.

5. INTELLECTUAL PROPERTY

1. The InSites Product is licensed, not sold to the End User. The End User does not obtain any property right on the InSites Product. InSites and its suppliers remain the owner of the InSites Product and holder of all copyright, software protection rights, database protection rights and other intellectual property rights on this Product. Its code, structure, content and organization are the valuable trade secrets of InSites and its suppliers and are protected by Belgian copyright laws, software protection laws, database protection laws and International treaties.
   
   Any use of the InSites Product is subject to the following limitations:
   
   
2. The End User is allowed to make backup server-copies of the InSites Product, provided that these backup server-copies are only used for backup purposes in case of failure of the main server and that these backup copies are not used for production purposes at the same time as the main server version of the InSites Product.
3. The End User is not allowed to make any copies of the InSites Product, other than the backup copies mentioned in art. 5.2. and the licensed copies mentioned in article 3.
4. The End User is not allowed to modify, translate or adapt the InSites Product without the prior written agreement of InSites, that has the discretionary right to agree or refuse such modification, translation or adaptation.
5. The End User is not allowed to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any part of the software incorporated in the InSites Product in any other way than that described under art. 7 of the software protection law of 30 June 1994 “houdende omzetting in Belgisch recht van de Europese Richtlijn van 14 mei 1991 betreffende de rechtsbescherming van computerprogramma’s” or under the database protection law of 31 August 1998 “houdende omzetting in Belgisch recht van de Europese richtlijn van 11 maart 1996 betreffende de rechtsbescherming van databanken”.
6. The End User is not allowed to adapt or remove any of the copyright and/or trademark related notices in the InSites Product. The End User will use copyright mentions and trademarks in accordance with accepted copyright and trademark practice, including identification of copyright and/or trademark holders names. Copyright and trademark mentions can only be used to identify printed output produced by the InSites Product and such use does not give the End User any intellectual property right.

6. THIRD PARTY LICENSES

Certain components bundled with this product may be provided under third party licenses and may be subject to other terms and conditions as those of the present agreement.

InSites does not assume any responsibility in case of infringement of such third party license agreements by the End User.

7. COMPLIANCE WITH LICENSES

If you are a business or organization, you agree that upon request by InSites or InSites’ authorized representative, you will (within 14 days) fully document and certify that your use of the InSites Product at the time of the request is in conformity with your valid Licenses from InSites.

8. DISCLAIMER OF WARRANTY

1. The InSites Product and its documentation is provided AS IS and with all its faults.
2. InSites provides all reasonable efforts to ensure accessibility and normal functioning of the online reporting tool.  InSites does not however guarantee any minimal service level and all damages caused by server downtime are subject to the limitation of liability under section 8.3.
3. To the extent permitted by Belgian law, InSites and its suppliers will not be liable for any general, special, direct, indirect, consequential, incidental, or other damages to the End User, including los of profits, los of saving and any claim by any third party arising out of the License of the Product, the use of the Product, the characteristics of the Product, the services and tools offered by InSites or the withdrawal of such services and tools, even if a representative of InSites has been advised of the possibility of such damages, except in the case of willful misconduct or fraud on the part of InSites or its suppliers.
4. Should a competent Belgian court hold InSites or its suppliers liable notwithstanding this provision, the liability, if any, of InSites and its suppliers will in any event be limited to the amount the End User actually paid to InSites or its distributors in consideration of the present License.

9. CONTROL OF PROCEEDINGS

1. The End User shall forthwith inform InSites in writing about the existence and substance of any legal action based on the allegation that the InSites Product infringe(s) any intellectual or industrial property right of any third party and leave the handling of the case entirely to InSites, including the making of any settlements.

10. GOUVERNING LAW – JURISDICTION

1. The Agreement shall be governed by and interpreted in accordance with the laws of Belgium.
2. Any disputes arising between the parties concerning the creation, performance and interpretation of this Agreement shall be submitted solely to the courts of Brussels.

11. ENTIRE AGREEMENT

1. The present Agreement constitutes the final, complete and exclusive written expression of the intentions and Agreement of the parties hereto and shall supersede all previous communications, representations, Agreements, promises or statements, either oral or written, by or between either party.
2. The present Agreement shall supersede both parties General Terms of Agreement insofar that these are contrary to any of the articles of the present Agreement.

Back to top

If you do not understand the present agreement or if you believe that it does not apply to you, we kindly ask you to contact InSites through e-mail at info@InSites.eu.

2. DEFINITIONS

“InSites”: NV InSites, with registered offices at Evergemsesteenweg 195, B-9032 Gent, Belgium, KBO n° 0465.109.357.

“InSites Product” or “Product”: The MCDC report and online analysis tool and the InSites data base used as basis for the analysis tool, version Connect, as described on www.mcdc.InSites.eu/packages.aspx

End User: Person or legal entity purchasing the InSites Product in order to use it for personal use or for use within the purchasing legal entity, without any objective of reselling or renting or lending out the InSites Product to its clients, business partners, entities belonging to the same group or to any third party other than the End User.

License: The right obtained under the present End User License Agreement to use the InSites Product under the conditions set out in the present End User License Agreement.

3. GRANT OF LICENCE

1. The present End User License Agreement gives the End User a non exclusive and non transferable License to use one copy of the Product acquired with this License and in the manner and for the purpose described in the present agreement and on all computers used within the purchase department of the End User.
2. 3.2. The Use of this InSites Product is restricted to the End User itself and for use by its employees only and within its legal entity only. The End User does not have the right to resell or rent or lend out the InSites Product, nor does he have the right to transfer his License to a third party. By accepting the terms and conditions of the present End Use License Agreement, the End User accepts full liability and responsibility for any damages to InSites induced by any illicit resale, rent or lend out or any other use of the InSites Product by the End User.
3. 3.3. The content of the InSites Product, and especially that of the online report, the database and the analyzing tool, constitutes a valuable asset of and is proprietary to InSites. The End User agrees to maintain as confidential and agrees not to disclose any part or the whole of the content directly or indirectly to any third party.
   
   The End User undertakes to use the Product only in the context and for the purpose of the present End User License Agreement, to refrain from disclosing any content of the product to third parties without obtaining prior written authorization from InSites, to strictly restrict disclosure of any such content to those of its employees to whom the content needs be disclosed for content assessment and day to day work purposes, to obtain from those of its employees that may have access to the Product, enforceable undertakings in terms at least as binding upon the said employees as the End user is bound to towards InSites, to make only such copies of any content as are strictly necessary for the purpose of the normal use of the InSites Product, to immediately inform InSites upon becoming aware or suspecting that any content has been disclosed to an unauthorized person.

4. DURATION - TERMINATION

1. The present License is granted for an unlimited period of time.
2. In the event that the End User does not respect the terms and conditions of the present agreement, InSites will be entitled to terminate the License with immediate effect. In that event, the End User must immediately and at the latest upon first demand destroy the originals of the InSites Product and all copies in its possession as well as all documentation related to the InSites Product. In the event of such termination, InSites will be entitled to full compensation by the End User of all possible damages.
3. The End User is allowed to terminate the License at any given moment by returning the InSites Product, all copies of this Product and all documentation to InSites. Such termination does not entitle the End User to any compensation whatsoever.
4. For as far as the online reporting tool is concerned, InSites underlines that this is a temporary tool that is offered for an initial period of 12 months as from the product launch date.  InSites does not guarantee to maintain this tool passed this initial 12 month period.  If it does maintain the online reporting tool for longer than the initial 12 month period, it will be entitled to withdraw the tool at any given moment to its own discretion without prior notice.  All possible damages arising from the withdrawal of the online reporting tool are subject to article 8.3. and 8.4.

5. INTELLECTUAL PROPERTY

1. The InSites Product is licensed, not sold to the End User. The End User does not obtain any property right on the InSites Product. InSites and its suppliers remain the owner of the InSites Product and holder of all copyright, software protection rights, database protection rights and other intellectual property rights on this Product. Its code, structure, content and organization are the valuable trade secrets of InSites and its suppliers and are protected by Belgian copyright laws, software protection laws, database protection laws and International treaties.
   
   Any use of the InSites Product is subject to the following limitations:
   
   
2. The End User is allowed to make backup server-copies of the InSites Product, provided that these backup server-copies are only used for backup purposes in case of failure of the main server and that these backup copies are not used for production purposes at the same time as the main server version of the InSites Product.
3. The End User is not allowed to make any copies of the InSites Product, other than the backup copies mentioned in art. 5.2. and the licensed copies mentioned in article 3.
4. The End User is not allowed to modify, translate or adapt the InSites Product without the prior written agreement of InSites, that has the discretionary right to agree or refuse such modification, translation or adaptation.
5. The End User is not allowed to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any part of the software incorporated in the InSites Product in any other way than that described under art. 7 of the software protection law of 30 June 1994 “houdende omzetting in Belgisch recht van de Europese Richtlijn van 14 mei 1991 betreffende de rechtsbescherming van computerprogramma’s” or under the database protection law of 31 August 1998 “houdende omzetting in Belgisch recht van de Europese richtlijn van 11 maart 1996 betreffende de rechtsbescherming van databanken”.
6. The End User is not allowed to adapt or remove any of the copyright and/or trademark related notices in the InSites Product. The End User will use copyright mentions and trademarks in accordance with accepted copyright and trademark practice, including identification of copyright and/or trademark holders names. Copyright and trademark mentions can only be used to identify printed output produced by the InSites Product and such use does not give the End User any intellectual property right.

6. THIRD PARTY LICENSES

Certain components bundled with this product may be provided under third party licenses and may be subject to other terms and conditions as those of the present agreement.

InSites does not assume any responsibility in case of infringement of such third party license agreements by the End User.

7. COMPLIANCE WITH LICENSES

If you are a business or organization, you agree that upon request by InSites or InSites’ authorized representative, you will (within 14 days) fully document and certify that your use of the InSites Product at the time of the request is in conformity with your valid Licenses from InSites.

8. DISCLAIMER OF WARRANTY

1. The InSites Product and its documentation is provided AS IS and with all its faults.
2. InSites provides all reasonable efforts to ensure accessibility and normal functioning of the online reporting tool.  InSites does not however guarantee any minimal service level and all damages caused by server downtime are subject to the limitation of liability under section 8.3.
3. To the extent permitted by Belgian law, InSites and its suppliers will not be liable for any general, special, direct, indirect, consequential, incidental, or other damages to the End User, including los of profits, los of saving and any claim by any third party arising out of the License of the Product, the use of the Product, the characteristics of the Product, the services and tools offered by InSites or the withdrawal of such services and tools, even if a representative of InSites has been advised of the possibility of such damages, except in the case of willful misconduct or fraud on the part of InSites or its suppliers.
4. Should a competent Belgian court hold InSites or its suppliers liable notwithstanding this provision, the liability, if any, of InSites and its suppliers will in any event be limited to the amount the End User actually paid to InSites or its distributors in consideration of the present License.

9. CONTROL OF PROCEEDINGS

1. The End User shall forthwith inform InSites in writing about the existence and substance of any legal action based on the allegation that the InSites Product infringe(s) any intellectual or industrial property right of any third party and leave the handling of the case entirely to InSites, including the making of any settlements.

10. GOUVERNING LAW – JURISDICTION

1. The Agreement shall be governed by and interpreted in accordance with the laws of Belgium.
2. Any disputes arising between the parties concerning the creation, performance and interpretation of this Agreement shall be submitted solely to the courts of Brussels.

11. ENTIRE AGREEMENT

1. The present Agreement constitutes the final, complete and exclusive written expression of the intentions and Agreement of the parties hereto and shall supersede all previous communications, representations, Agreements, promises or statements, either oral or written, by or between either party.
2. The present Agreement shall supersede both parties General Terms of Agreement insofar that these are contrary to any of the articles of the present Agreement.

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