Horsa Software License Terms
These license terms are an agreement between you and HORSA Corporation (or one of its affiliates). They apply to the software named above and any HORSA services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or HORSA’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and run one instance of the software 1) on one server of production, one server of staging (server license); 2) for one or more named user (named user license).
b) Third Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third party applications may be accessible in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
c) HORSA Privacy Terms. The software's privacy statement applies to your use of the software. You may access the privacy statement using the links provided within the software, and as applicable, on the app store from which you obtained the software. Some features of the software provide access to, or rely on, online services. The use of those services (but not the software) is governed by the privacy policies that apply to you through your or your organization’s subscription to HORSA Software at https://www.horsa.com/it/en/policies/privacy. Please read them. The services may not be available in all regions.
2. DATA COLLECTION.
3. PROCESSING OF PERSONAL DATA.
To the extent HORSA is a processor or sub processor of personal data in connection with the software, HORSA makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective 25 May 2018, at https://www.horsa.com/it/en/policies/privacy.
4. SCOPE OF LICENSE.
The software is licensed, not sold. HORSA reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software;
c) remove, minimize, block, or modify any notices of HORSA or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
5. SUPPORT SERVICES.
HORSA is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind. 6. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from HORSA or authorized sources. HORSA may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
Without prejudice to any other rights, HORSA may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts.
8. ENTIRE AGREEMENT.
This agreement, and any other terms HORSA may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
9. DISCLAIMER OF WARRANTY.
THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. HORSA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, HORSA EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. LIMITATION ON AND EXCLUSION OF DAMAGES.
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM HORSA AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO EUR 5,00 (five). YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if HORSA knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.