License Agreement

by and between
InterpretBank (Inh. Claudio Fantinuoli)
Seat address: Remlingstr. 11 67346 Speyer Germany
Website: https://www.interpretbank.com
(“InterpretBank”)
and
Freelancer or Enterprise installing InterpretBank software
(“User”)

 

Important – to the attention of User: Please read this license agreement (‘License’, ‘Agreement’) carefully before using any InterpretBank product. Installing, copying, or otherwise using this product indicates your acknowledgment that you have read this license and agree to be bound by and comply with its terms. If you do not agree, do not install, copy or use the product, and please also delete all copies from your computers, and notify InterpretBank Support (info@interpretBank.com) who will deactivate your license.

Attention: This is a license, not a sale. This product is provided to User under the following terms and conditions which define what User may do with the product. The terms and conditions also include limitations on warranties and/or remedies.

Proof of license: The proof of license is the physical or electronic copy of the invoice in User’s possession. In the absence of that, User must either have a special license agreement or an academic program agreement, or fall in a valid trial period of the software. In the latter case, the proof of license is the copy of the e-mail User receives from InterpretBank when signing up for the product trial.

Valid without signature: This license agreement is valid without express signature by either party.

 

A. GRANT OF LICENSE

 

1. InterpretBank grants User the license to use one computer program that belong to the InterpretBank product family (“Product”). The Product is computer software, consisting of program code and application programming interfaces and online or electronic documentation.

2. InterpretBank grants User a license to use the Product in accordance with the terms of this License Agreement for an unlimited time or until the expiry of your license.

 

B. SCOPE OF AGREEMENT

 

1. If User has different types of licenses, for example, Freelance and Enterprise licenses, this license agreement covers all types and all terms and conditions herein apply to all licenses in User’s possession. Any supplemental software code and supporting materials provided to User by InterpretBank shall be considered part of the Product and subject to the terms and conditions of this License Agreement.

2. This End-User-License Agreement (‘Agreement’) applies to the Product that User installs on a device in the exclusive use by User or their organization. The Agreement shall not apply to any Products you use in a Software-as-a-Service (SaaS) offering, hosted by InterpretBank, on a device that is not in User’s exclusive use.

 

C. INTELLECTUAL PROPERTY AND DECLARATION OF OWNERSHIP

 

1. The Product is intellectual property protected by copyright and associated rights. InterpretBank represents and warrants that it is lawfully in possession of the granted usage rights, and that no third parties have such rights that would limit or block the usage rights granted herein. Furthermore, if a third party claim to have any such restrictive demands, InterpretBank shall, directly or through an authorized agent, intervene in defense of the lawful rights of User.

 

D. LIMITED WARRANTY

 

1. InterpretBank warrants that the latest build of the Product version licensed under this End-User License Agreement will be available for download from the interpretbank.com website only with a valid Subscription or PRO Pack.

2. InterpretBank shall offer limited warranty that Product will essentially function as described in the product documentation and the Help pages for the Operating system and version of the operating system declared on its webpage. The warranty is not valid for deviations in the exact text items in the Product or nuances in the behavior of the Product.

3. The limited warranty is valid for the latest build of the latest major version.

4. The warranty is provided in the form of updates, which contain fixes for the known defects in the product. Service updates are available free of charge to User, provided that User has a valid license and a valid subscription.

5. To report a defect in the Product, User may contact InterpretBank Product Support at info@interpretbank.com or at https://info.interpretbank.com.

6. User must use the Product in such a manner as allows User to fully comply with all terms and conditions of this Agreement, regardless of the version, seat count or user count of the Product.

7. User must provide and maintain a working environment where the Product can be used as intended by InterpretBank. As part of the product documentation – and on the interpretbank.com website – InterpretBank publishes minimum technical requirements (‘system requirements’) for the environment where the Product can function as intended. InterpretBank shall not be liable for malfunctions or damages if the Product is used in an environment that does not meet the minimum requirements, or if the Product is used for a purpose in a manner other than intended by InterpretBank

8. InterpretBank shall not be liable for any loss of data connected with the use of InterpretBank (for example terminology), both in a stand-alone verison (local database), nor for the central database (managed by User), nor for the data saved on the InterpretBank's cloud.

9. The Product is provided without any further warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. The entire risk as to the results and performance of the Product is assumed by User.

10. Neither InterpretBank nor its representatives or suppliers shall have any liability to User or any other individual or single entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, damages for loss of goodwill, loss of revenue or profit, computer failure or malfunction, lost or damaged data or other commercial or economic loss, or for any and all other damages or losses, even if InterpretBank has been advised of the possibility of such damages, or they are foreseeable. Furthermore, InterpretBank is not responsible for claims by a third party.

11. User is responsible for the maintanance, configuration, backups etc. related to the server database used in the Enterprise edition.

 

E. PRODUCT SUPPORT

 

1. In conjunction with the Product, User may be offered support and maintenance services. These services are not part of the Product, and neither are they part of the license for the Product. Support and maintenance must be purchased separately, concluding a Service, Maintanance and Cloud (SMC) Agreement between User and InterpretBank. The Service Agreement is not part of this License Agreement, and the two agreements are independent – with the exception that User must have at least one valid License for the Product in order to enter into a Service Agreement.

a) Support means that, during the term of the Service Agreement, User can access an online helpdesk service where helpdesk agents provide assistance in resolving issues related to the Product.

b) Maintenance means that, during the term of the Service Agreement, User is entitled to install and use (upgrade to) the latest version of the Product.

c) Cloud means that, during the term of the Service Agreement, User is entitled to use a set of cloud services offered by InterpretBank. The set of cloud services offered by InterpretBank may vary in time. Cloud services can be suspended at any time at solely discretion of InterpretBank.

2. InterpretBank offers 1 year support, maintenance and cloud services in a single purchase that includes both licenses for the Product and the related Service Agreement. Support, maintenance and cloud services for the time after the first year may be purchased separately. To extend the Support, Maintenance and Cloud Agreement for one more year, the payment of the fees indicated on our webpage is requested. Once User extends the SMC, User will continue to benefit from new versions released by InterpretBank and gain access to Support and to the Cloud services for one more year. When User extends the SMC, the new 1-year SMC always starts when the previous SMC expired. If the first-year SMC expires on August 31, 2019, the second year will start on September 1, 2019 – no matter when User actually extends the SMC.

 

F. MODIFICATION OF LICENSING TERMS

 

1. In the event the License terms change, User must, during the installation of a new version or build (service release) of the Product, accept the modified licensing terms before they can use the new version or build.

 

G. GENERAL

 

1. This License is the entire licensing agreement between User and InterpretBank, superseding any other licensing agreement or discussions, oral or written, and may not be changed except by a signed agreement.

2. The general license terms contained in the installer apply.