License Terms for software programs developed by Optimizer Tools
These license terms apply to any use of software programs developed by Optimizer Tools, including the various modules, versions and revisions.
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Optimizer Tools (“otools / word Link”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
Optimizer Tools grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
- This Agreement shall remain in effect until terminated by you or Optimizer Tools. Optimizer Tools may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Optimizer Tools, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
- By installing all or part of the software developed by Optimizer Tools the licensee automatically accept all terms and conditions of this agreement. This agreement shall enter into force on the date on which the software is installed and will be in effect and will automatically be renewed until terminated in accordance with the individual agreement made between the parties.
- If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
- Optimizer Tools reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- Optimizer Tools reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
- The license is linked to the licensee’s VAT number. The licensee is not entitled to transfer the license to a third party without prior approval from Optimizer Tools. Transfer between affiliated companies are also considered as a transfer and requires the approval of Optimizer Tools.
- The software may be made available to a third party as part of an outsourcing of the licensee IT operations. Under all circumstances, Optimizer Tools shall be informed accordingly.
- The licensee has the right to use the software for the number of simultaneous users as agreed between the parties. If not otherwise agreed, each license purchased can only be used for one named user. The licensee acquires the right of use when Optimizer Tools has received payment for the licenses, and the present license conditions are accepted. The right of use is not exclusive.
- The licensee is not permitted to make copies of neither the software nor the documentation. When installing an upgrade to the existing software, the upgrade replaces the original software that the upgraded is made from. The licensee retains no rights to the original software after the upgrade, why it may no longer be used.
- The licensee is not entitled to reverse engineer, disassemble or decompile the software.
- The licensee is responsible for making the individual users of the software aware of the terms and conditions of this agreement and is responsible for their compliance. The licensee is responsible for any loss Optimizer Tools may have, which can be attributed to abuse of the program by the licensee.
- If the licensee breaches this agreement, Optimizer Tools can terminate the agreement with immediate effect and claim compensation according to Danish law.
- Optimizer Tools has all tangible and intangible rights to the software, including the full copyright. Therefore, it is only the right of use, which is transferred.
- Optimizer Tools is entitled to assign all its rights and obligations under this agreement to a third party, if they continue to comply with this agreement.
- Optimizer Tools has no liability for any damage or loss, whether direct or indirect, arising out of the use of the software. If a liability situation should extraordinary arise, the liability from Optimizer Tools side can only relate to direct, proven losses and is in any case limited to an amount equal to the contract price.
- Optimizer Tools have focus on the ongoing optimization of our products. This means that some of our products have integrated analysis tools, which give us information about how the various features within the solutions are used. These data are solely used for ongoing optimization of our products. In addition, this information is always kept confidential and will not be disclosed to third parties. At the commissioning of the program the customer gives consent to this data collection.
- Use of the Software is monitored by the Software’s access to an internet-based license server for validation of applicable terms, so access to the internet is a requirement for use.
- During validation, information stored by the Software on the End User’s computer will be provided to the license server. End User consents to Optimizer Tools collecting usage information for improvement of the Software and End Users’ experience of Software performance. Furthermore, End User consents to Optimizer Tools providing End User with appropriate information about updates, upgrades, other products and changes in relationships with licensors and other information from such third parties.
- Any information obtained by Optimizer Tools in this context will be treated in accordance with applicable rules regarding protection of personal data. Optimizer Tools will collect personal data only for the purposes listed above, and only keep such data for as long as necessary to serve these purposes. End User consents to Optimizer Tools exchanging collected End User data with Optimizer Tools licensors to serve the above-mentioned purposes and with due respect for Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”).
- End User shall ensure that its employees and other permitted users consent to Optimizer Tools collection and retention of information as stated above.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO END USER “AS IS,” WITH ALL FAULTS, WITHOUT ANY WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND USE IS AT END USER’S SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH END USER. THUS, END USER IS ENTIRELY RESPONSIBLE FOR ANY VALIDATION AND USE OF CALCULATIONS MADE WITH THE SOFTWARE OR BY APPLICATION OF ANY NUMBERS, EXAMPLES OR TEMPLATES INCLUDED THEREIN OR IN ANY ACCOMPANYING MATERIALS.
- OPTIMIZER TOOLS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
- OPTIMIZER TOOLS DO NOT WARRANT AGAINST INTERFERENCE WITH USE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET END USER’S REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- NO ORAL OR WRITTEN ADVICE PROVIDED BY OPTIMIZER TOOLS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
- The price is automatically adjusted in accordance with the increase in the consumer price index (or something similar if this should lapse). Moreover, Optimizer Tools reserves the right to implement price regulations with reasonable notice.
- Any disputes in connection with this agreement shall be determined by Danish law and at the venue of Optimizer Tools.
- If you have any questions about this Agreement, please contact us.