Maintenance Agreement

BETWEEN Safewhere A/S (“Licensor”)
AND [ ] (“Licensee”)
(Licensee and Licensor are individually called a “Party” and collectively called the “Parties”)

1. PREAMBLE
1.1. Whereas:
1.1.1. Licensor offers maintenance of the Safewhere Software by issuing minor upgrades and major upgrades hereto (“Maintenance”);
1.1.2. Licensee has purchased the applicable Safewhere Software license and desires to utilize such Maintenance for the Safewhere Software.
1.2. Now, therefore, in consideration of the premises, the Parties hereto agree as follows:

2. TERM
2.1. This Maintenance Agreement shall be effective as of the date of execution by both Parties and continue, until terminated by either Party in accordance with provision 5.
2.2. If the license is for any reason no longer in force, this Maintenance Agreement cannot be extended. Licensee is not entitled to any refund or discount in that connection.

3. MAINTENANCE
3.1. This Maintenance Agreement entitles Licensee to receive patches, minor upgrades and major upgrades for the Safewhere Software from Licensor for the specified term.
3.2. This agreement grants the Licensee right to any new releases to the Safewhere Software covered by the maintenance agreement. The Licensor will provide maintenance on the licensed software meaning the unmodified, unimproved version of the Current Safewhere Software. The Licensor shall not be obligated to provide migration, installation, testing or support services for any customizations or modifications to the software as part of the Maintenance Fee. Such services may be available from the Licensor for an additional fee. The Licensor may provide maintenance services for the version of the Licensed Safewhere Software immediately preceding the current software release at its sole discretion.
3.3. The Licensor will use efforts to correct any failure in the Licensed Safewhere Software to substantially comply with its Documentation (“Errors”), provided such Errors are identified by Licensee in writing, are replicable and confirmed by Licensor to arise directly from the unmodified Licensed Safewhere Software.
3.4. Licensor shall provide Upgrades to the standard version of the Licensed Safewhere Software at no additional cost to the Licensee. Any assistance from the Licensor for modification and installation will be charged at list prices. “Upgrades” shall mean updated, upgraded, or revised releases of the Licensed Safewhere Software, which may include Error corrections, and other enhancements that Licensor, at its sole discretion, makes available to Licensee at no additional charge. Upgrades shall not include new releases, which contain substantially new or different functionality, which licenses as separate products or which create at the request of a specific Licensee.

4. PAYMENT
4.1. Licensee shall pay a maintenance fee for the right to use Maintenance and associated documentation for each 12-month term of the Maintenance Agreement.
4.2. In case of late payment interest of 2% a month is calculated. If Licensee pays invoices untimely, Licensor is entitled to suspend its services and revoke all licenses included in the Agreement until full payment has taken place except where Licensee has presented reasonable justified objections to an invoice or part hereof. Licensee is furthermore required to compensate Licensor for reasonable and statutory additional costs and losses caused by any justified suspension of the services.

5. TERMINATION
5.1. Unless otherwise agreed each Party may terminate this Maintenance Agreement with 6 months written notice of intent to terminate this Maintenance Agreement. Licensee is not entitled to any refund or discount in that connection.
5.2. If the Maintenance Agreement is not termi-nated 6 months before the expiry of the relevant 12 month term, the Maintenance Agreement will automatically continue for a new maintenance term of 12 months.
5.3. Each Party shall have the right to terminate this Maintenance Agreement and the license granted herein, with 30 days written notice of intent to terminate this Maintenance Agreement, if one of following events occurs:
5.3.1. One of the Parties fails to fulfill any of its material obligations and the addressed Party does not remedy the violation within 30 days written notice.
5.3.2. The other Party enters into bankruptcy, or has an official receiver appointed, or passes a resolution for voluntary liquidation or ceases trading.
5.4. This Maintenance Agreement may be termi-nated immediately by Licensor if Licensee fails to pay due payments according to provision 4 later than 30 days after due time of payment.
5.5. Upon termination of the Maintenance Agreement for any of the above reasons each of the Parties shall within 10 days thereof return to the other Party or destroy all relevant material received from the other Party.

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We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address.

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Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Registration

The minimum information we need to register you is your name, email address and a password. We will ask you more questions for different services, including sales promotions. Unless we say otherwise, you have to answer all the registration questions. We may also ask some other, voluntary questions during registration for certain services (for example, professional networks) so we can gain a clearer understanding of who you are. This also allows us to personalise services for you. To assist us in our marketing, in addition to the data that you provide to us if you register, we may also obtain data from trusted third parties to help us understand what you might be interested in. This ‘profiling’ information is produced from a variety of sources, including publicly available data (such as the electoral roll) or from sources such as surveys and polls where you have given your permission for your data to be shared. You can choose not to have such data shared with the Guardian from these sources by logging into your account and changing the settings in the privacy section. After you have registered, and with your permission, we may send you emails we think may interest you. Newsletters may be personalised based on what you have been reading on theguardian.com. At any time you can decide not to receive these emails and will be able to ‘unsubscribe’. Logging in using social networking credentials If you log-in to our sites using a Facebook log-in, you are granting permission to Facebook to share your user details with us. This will include your name, email address, date of birth and location which will then be used to form a Guardian identity. You can also use your picture from Facebook as part of your profile. This will also allow us and Facebook to share your, networks, user ID and any other information you choose to share according to your Facebook account settings. If you remove the Guardian app from your Facebook settings, we will no longer have access to this information. If you log-in to our sites using a Google log-in, you grant permission to Google to share your user details with us. This will include your name, email address, date of birth, sex and location which we will then use to form a Guardian identity. You may use your picture from Google as part of your profile. This also allows us to share your networks, user ID and any other information you choose to share according to your Google account settings. If you remove the Guardian from your Google settings, we will no longer have access to this information. If you log-in to our sites using a twitter log-in, we receive your avatar (the small picture that appears next to your tweets) and twitter username.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Updating your personal information

We offer a ‘My details’ page (also known as Dashboard), where you can update your personal information at any time, and change your marketing preferences. You can get to this page from most pages on the site – simply click on the ‘My details’ link at the top of the screen when you are signed in.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

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By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.
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