Gapp. Legal

This is a translation of the original Software License Agreement with informative value. You can find the original in Castilian Spanish clicking here

Software License Agreement

This Software License Agreement (“Agreement”) is an agreement between YOU (“Licensee”) and Tecnoloxías da Información e Comunicación de Galicia, S.L.U.  (hereinafter, the “TICgal”), holder of the CIF:B94165495 , and with registered office at Rúa dos Gagos de Mendoza, 2 - 5º Of. 1 - 36001, Pontevedra, Galicia (Spain).

This Agreement accompanies all products supplied by TICgal, which regulate the use of GAPP SELF-SERVICE software solutions (hereinafter referred to as the “Software”), which includes the documentation. If you do not agree with these terms, do not install the Software. Your use (including but not limited to downloading, installing, or copying) of the Software also constitutes your acceptance of the terms of this Agreement.

In the event Licensee refuses to accept these terms and conditions, you will not be granted permission to install or use the Software. Use of any part of the Software indicates that Licensee accepts these terms. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. All copies, including the compilation, review and update, are the exclusive property of TICgal.

DEFINITIONS

For the purposes of this Agreement, the following terms, whether used in the singular or in the plural, shall have the following meanings

“Software” means all GAPP SELF-SERVICE software solutions and updates

“Beta version” means the fully functional protected version of the Software dedicated to evaluation.

“Licensee Content” means content that Licensee may develop using the Software.

“Evaluation Period” means 30 days from the Start Date.

“Start Date” means the date of your first installation.

BETA EVALUATION LICENSE

Rights of use:

Subject to compliance with the terms and conditions of this Agreement, TICgal grants Licensee a non-exclusive, non-transferable, non-sublicensable license to install and use the Software on up to one (1) device, for the sole purpose of evaluating the Software. The Beta Evaluation License for the Software authorizes Licensee to:

Install and use the Software, on as many users and devices as required.
Use the Software to create Licensee Content

All Licensee Content developed by the Software Evaluation License is the property of Licensee. Any commercial use of the Software Evaluation License, and of the Licensee Content resulting from the Evaluation License, is prohibited.

RESTRICTIONS

The licensee may not:

reproduce, modify or create derivative works of the Software;
distribute, sell, assign, sublicense, lease, loan, rent, disclose or transfer or make available the Software, or any copy thereof, in any form to any third party;
make the functionality of the Software available to third parties through any means, including but not limited to uploading the Software to a network or file sharing service or through any hosting, application service provider, service bureau, software as a service (SaaS), platform as a service (PaaS) or any other type of service;
alter, translate, decompile or attempt to reverse engineer the Software;
remove or alter any proprietary notices or protections on the Software.

TICgal reserves all rights not expressly granted to Licensee in this Agreement. Any transaction not expressly authorized under this Agreement may only be carried out by Licensee under a separate license agreement to be agreed upon in advance and executed with TICgal on a case-by-case basis. It is specifically understood that the Agreement granted to Licensee may be used in one (1) application by personnel employed internally by Licensee.

PROPERTY

The Software is licensed, not sold. TICgal retains ownership of the Software, including all intellectual property rights therein. The Software is protected by copyright law and international treaties. TICgal reserves all rights in the Software not expressly granted to Licensee in this Agreement. Licensee shall not remove or alter in any way any copyright, trademark or other proprietary rights notices of TICgal or third parties that appear on the Software and Licensee Content. As a licensee of the Software, you may contact TICgal by email by entering a contact email address in accordance with TICgal’s current policies. TICgal is not obligated to provide maintenance, technical support or updates to Licensee for any part of the Software.

FREE OR OPEN SOURCE SOFTWARE

The Software may include components (including, without limitation, programs, applications, tools, utilities, libraries and other programming code) that are made available to third parties under a free or open source software license model (“FOSS Code”). The components of the FOSS Code included in the Software are redistributed by TICgal under the terms of the license of the FOSS Code applicable to such component; the fact that you receive components of the FOSS Code from TICgal under this Agreement does not extend or reduce your rights or obligations as defined by the license of the FOSS Code applicable to the component of the FOSS Code. Copies of the FOSS Code licenses for the FOSS Code components included in the Software are included or referred to in the Software Documentation.

DATA PROTECTION AND DATA CAPTURE

The software complies with data protection regulations. If you want to exercise your rights of access, rectification, suppression, opposition, limitation and portability simply send us an email to the address lopd @ ticgal · com, you must attach a document that proves your identity.

In order for the Software to work correctly, it is necessary that during its execution certain personal data of the final user are treated. In particular, the Software uses the following services that are part of the Firebase platform:

The license granted under this Agreement shall terminate automatically, with or without notice from TICgal, if you fail to comply with any term of this Agreement. Upon termination, you shall delete and destroy all copies of the Software in your possession or control.

NO WARRANTY

LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY TICgal. YOUR USE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TICgal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORIES, WHETHER IN CONTRACT, CONTRACT OR OTHERWISE, SHALL TICgal BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, YOUR USE OF THE SOFTWARE, THE CONTENT OR YOUR USE OF THE CONTENT, EVEN IF TICgal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER

Licensee agrees to indemnify, defend and hold harmless TICgal, its subsidiaries, agents, affiliates and/or licensees from and against any and all claims, liabilities, expenses or damages arising out of or related to the use of the Software. Your obligation to defend and indemnify TICgal survives termination of the Terms of Use and your use of the Software.

APPLICABLE LAW AND LITIGATION

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain.

The Parties irrevocably agree that the courts of Pontevedra, Galicia, (Spain) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

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