Terms of Services
By installing the NETLANG VPN software (below referred to as “The Software”) and by clicking “I Accept” you (below “the Customer”) explicitly consent to the licence conditions below.
NETLANG SOFTWARE LICENCE TERMS AND CONDITIONS
1) NETLANG normally licenses all software subject to specific written agreements. To the extent that NETLANG or NETLANG subsidiaries (below collectively referred to as “NETLANG”) and the Customer have entered into a written licence agreement, such agreement shall prevail over these terms and conditions.
2) NETLANG grants the Customer a non-exclusive licence to use the Software.
3) The Customer is permitted to make and retain one non-operational security back-up copy of the Software. Such copy shall be marked with NETLANG’ proprietary information as shown on the original media.
4) With the exception stated above in Section 3, the Customer may not transfer (by means of, for example, assignment or sub-licensing) or distribute (whether by licence, loan, rental, sale or otherwise) all or any part of the Software to any third party.
5) The Customer shall not make, nor permit others to make, any further copies of the Software without NETLANG’ prior written consent.
6) Customer shall not, nor shall Customer permit third parties to decompile, reverse-engineer, disassemble the object code of the Software or modify or in any other way change or alter the Software or any part thereof. An exception to this is that the Customer may decompile the Software, to the extent permitted by mandatory law, where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software and the information is not readily available from NETLANG or elsewhere. This is subject to NETLANG having been afforded a maximum of thirty (30) days to provide the necessary information.
7) In the event of the Customer’s unauthorised use or copying of the Software, NETLANG is entitled to immediately terminate the relevant the licence and the Customer is liable to pay NETLANG damages.
8) The Customer may install and use the Software only in accordance with the written licence agreement. The Customer may not use the Software to provide outsourcing or service bureau services. To the extent that NETLANG and the Customer have not entered into a written licence agreement, the Customer shall be entitled to install one (1) copy of the Software.
9) The terms of the licence for third party products are governed by the terms applied by the third party. NETLANG shall have no liability whatsoever with respect to third party products.
10) This agreement shall not be interpreted to mean that the copyright or – any other intellectual property rights to the Software are transferred to the Customer. This licence agreement shall only constitute a license for the Customer to use the Software under the conditions hereof.
11) This licence agreement shall enter into force the day the licence conditions are accepted by the Customer and shall remain in force for a period of twenty-five (25) years.
12) Upon termination of the licence, the Customer shall cease all use of the Software and return all storage media on which the Software (including its source code) is stored and erase all copies of the Software (including its source code) installed or otherwise made by the Customer and, upon NETLANG’ request, provide NETLANG with a written certificate to the effect that all Software copies have been erased.
13) To the extent that open source software is included in the Software, the provisions of this agreement are offered by NETLANG only and does not imply any responsibility for creators of such open source software nor does it imply any specific warranties for such software. Information regarding open source software included in the Software may be found in the end of this license agreement.
14) NETLANG guarantees that the Software, provided it has been installed in accordance with NETLANG’ instructions, conforms to the specifications in the documentation.
15) By “Defect” is understood in this agreement a failure of the Software used by the Customer to conform to the specifications published at any given time by NETLANG that is reproducible by both the Customer and NETLANG.
16) NETLANG undertakes to, within reasonable time, provide corrections or means to circumvent Defects in the Software, without fee, for a period of four years from the first installation of the Software. All costs for installing corrections or other means to circumvent Defects shall be borne by the Customer. The aforesaid undertaking does not mean that NETLANG warrants that the Software is free from Defects. The said undertaking only applies if the Customer has paid NETLANG all licence fees due, has accepted and installed the latest version of the Software, and has specified the Defect in writing, and that the Defect can be reproduced by the Customer and NETLANG.
17) NETLANG may, but is not obliged to, rectify Defects on a general basis by providing the Customer with error correction updates aimed at rectifying documented Software Defects.
18) If the Customer other than on NETLANG request or upon NETLANG written approval, modifies the computer on which the Software is installed, the operating system of such a computer, other system software products or the Software itself, said warranty shall be void.
19) If a Software Defect occurs which cannot be remedied by means of circumvention and the defect is of such importance to the Customer that the Software cannot be used for the agreed purpose, the Customer may return the Software. NETLANG will refund all licence fees received, provided such claim is made within six months from the day the Defect occurred.
20) Work not covered by this warranty will be charged on a time-and-material basis. Such work may involve the search for defects not covered by the warranty. The costs incurred in connection with travel and subsistence shall always be met by the Customer.
21) THE CUSTOMER ACCEPTS THAT THE WARRANTIES SET OUT IN THIS CLAUSE ARE IN LIEU OF AND EXCLUDE ALL OTHER CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, LAW OR OTHERWISE AS TO THE QUALITY OR FITNESS OF THE SOFTWARE FOR ANY PARTICULAR PURPOSE AND THAT THE REMEDIES SET OUT IN THIS CLAUSE FOR BREACH OF SUCH WARRANTIES, FOR DEFECTS AND FOR DELAYS CAUSED BY THE PRODUCT ARE THE SOLE AND EXCLUSIVE REMEDIES.
22) SECTION 20 DOES NOT APPLY TO PRODUCTS PROVIDED BY THIRD PARTIES, FOR WHICH SUCH THIRD PARTY’S CONDITIONS SHALL APPLY.
23) If the Customer, makes amendments to the Software, the warranty specified in Section 20. shall not apply to the amended Software. The Customer may only amend the Software upon NETLANG consent.
24) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETLANG WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ALLEGED TO HAVE BEEN CAUSED BY THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OR ALTERATION OF DATA OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NETLANG IS ADVISED OF THE POSSIBILITY THEREOF. IN ANY EVENT, NETLANG’ ENTIRE LIABILITY UNDER ANY INDIVIDUAL AGREEMENT SHALL NOT EXCEED THE CONTRACTUAL VALUE OF EACH INDIVIDUAL AGREEMENT UNDER WHICH THE DAMAGES DIRECTLY OCCURRED. THE SPECIFIED LIMITATIONS SHALL APPLY WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NETLANG AND / OR ITS EMPLOYEES AND WITH THE EXCEPTION OF DAMAGES CAUSED BY WILFUL ACTS/OMISSIONS AND/OR GROSS NEGLIGENCE OF NETLANG TO THE EXTENT THAT APPLICABLE LEGISLATION PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
25) IN ORDER NOT TO FORFEIT THEIR RIGHTS THE PARTIES SHALL PRESENT CLAIMS FOR DAMAGES WITHIN TWELVE MONTHS FROM THE TIME WHEN THE DAMAGE WAS DISCOVERED OR SHOULD HAVE BEEN DISCOVERED.
26) Regardless of the form of action, whether based upon breach of contract, tort or otherwise, this agreement and all causes of action arising out of this agreement or relating to the Software shall be governed by and construed under the laws of Sweden. All disputes arising out of an agreement shall be settled by Swedish courts where Stockholm District Court shall serve as the first instance.
Open Source Licenses
The Apache Software License, Version 1.1
THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.