GENERAL LICENSE TERMS

GENERAL LICENSE TERMS FOR PRODUCTS FROM
GIDE INTERNATIONAL LIMITED

Published and effective date 20 March 2020. These terms supersede all previous versions.

These General License Terms of Use (the “General Terms and Conditions” or just the “Terms”) govern the use of products from GIDE International Limited located at 3rd Floor Chancery House, St Nicholas Way, Sutton, Surrey SM1 1JB, England, United Kingdom, Company Identification Number 5632219 (“GIDE”).

1. LICENSE AND SCOPE OF RIGHTS

GIDE products are subject to licensing rights and are not sold. Authorized Users who have been granted a license are entitled to non-exclusive access and use of these Products solely in compliance with these General Terms and Conditions. You may not (and may not allow any third party) to copy, modify, reverse engineer, decompile, disassemble, modify or adapt the Product, in whole or in part, or in the (or any part thereof) the source code. The User has no right to access the source code of the Products.

Products may utilise third-party solutions or frameworks (MS SQL, MYSQL, MONGO DB, REACT, SYMPHONY, etc.), the use of which are  governed by their own Licensing terms.

2. PRODUCTS

The Products are MYGIDE, HEYME, AIS and other desktop and cloud software solutions and services published and made available by GIDE or its affiliates.

3. REPOSITORY

Some Products provided to users as a “cloud solution” may be installed and operated on GIDE’s servers or third party servers and repositories, the selection of which is the sole responsibility of GIDE or its affiliates. Their availability may be limited from time to time.

4. AUTHORIZED USERS

Eligible Users are exclusively persons who have been granted and continue to have valid authorized and legitimate access to the Products provided by GIDE, it’s affiliates or its authorized partners and who have simultaneously accepted and comply with these General Terms and Conditions, as well as any additional or specific terms relating to individual Products (“Terms”).

5. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Products, including any registered and unregistered patents, copyrights, industrial design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights that are in the nature of intellectual property rights (whether registered or unregistered) and all applications for these rights anywhere in the world relating to the Products belong to, and the sole owner is and remains GIDE.

6. CONTENTS

Content solutions and data are stored in databases and are protected by user passwords. Access of GIDE to the contents is limited solely to solve possible technical issues in the Products or to respond to support requests. GIDE processes no such content and data for its own purposes nor shares it with any third parties.

7. PERSONAL DATA

GIDE collects personal data in a very limited fashion, the name, email or telephone number in particular, solely for the purpose of making our Products available to the user.

The rules of handling personal data are available at https://mygide.com/privacy-policy/

8. PUBLICITY

GIDE reserves the rights to publish on its web or otherwise the fact that the user or the company that the user represents or is employed with, is or was the user of the Product.

9. PRODUCT UPDATES

Product updates, including new or patch releases, are made solely at the time and to the extent specified by GIDE. Users have no warranties or guarantees of availability, except when the user has signed a separate agreement for the supply and support of products, and the scope of these rights specified therein.

10. FEES AND PAYMENT TERMS

GIDE’s Products are subject to a fee, according to the applicable price list, except in situations where the selected Products are provided for use free of charge, temporarily or permanently, at GIDE’s sole discretion. Fees are stated without value added tax or other similar taxes and fees for which the user is responsible.

11. WARRANTIES AND LIMITATIONS OF LIABILITY

11.1 The User accepts responsibility for the selection of the Products in order to achieve the intended purposes and results.

11.2 The content created in and through the Products is fully within the competence of the user.

11.3 Neither GIDE nor its affiliates delivering the Product shall be liable for any loss or damage caused to the user by the use of the Products, whether direct or indirect, immediate or consequential, including lost profits, damages resulting from interruption and availability of the Products, loss or non-fulfilment of anticipated savings and loss of goodwill, loss of or damage to data, and other similar direct or indirect, immediate or consequential damages.

11.4 The total liability of GIDE or its affiliates in any matter arising out of or in connection with the use of the Products shall in no circumstances exceed seventy-five percent (75%) of the Fees paid by the User in the year in which the liability arose.

12. LICENSE EXPIRATION

12.1 User licence begins at the time of confirmation of the user’s successful registration for the access and use of the Products by GIDE or its affiliates and expires at the end of the term set forth during the registration process by the user.

12.2 The User is entitled to revoke the licence and use of the Products at any time, at their sole discretion. Termination of use does not release the user from the obligation to pay any amount due or contractually agreed resulting from the use of the Products.

12.3 GIDE, or its affiliate providing access to the Product, reserve the right to terminate access to the Product at any time if the User materially breaches any obligation under these Terms, including the inability to pay its debts.

13. INTERPRETATION

The titles of the articles and paragraphs in the Terms do not affect its interpretation. References to statutory provisions include those statutory provisions as amended or re-enacted. References to any grammatical gender include all genders. Singular words include the plural and vice versa.

14. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions and any disputes or claims arising out of or in connection with it, its subject matter and origin (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.