License Agreement

Licensing terms for Recruity Professional

THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN RECRUITY ("We," "Us") AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You") IN RELATION TO RECRUITY PROFESSIONAL (THE "Software"), IN BOTH SOURCE AND OBJECT CODE FORM, AND/OR ALL RELATED MATERIALS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE PURSCHASING, DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS PROTECTED BY DUTCH COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.

1. Licensing

a) Test installation: Recruity provides the software for a test period so that customers can evaluate on their own whether the program meets their requirements. The test period begins at the time of installation. The test period is limited to 30 days. The number of users in this period is not restricted. If a customer decides not to purchase a license after the test period has expired, the software and all its components (including database) must be irretrievably removed from the system, otherwise the Recruity licensing terms and those of the manufacturers will go into effect.

b) License: Recruity grants you the right to access the software simultaneously from as many workstations as you like, but you may only install the software on one host or machine. The software will be encoded and you will need to identify your server by providing the IP address and hostname. It's not allowed to sell access to the software as a service (see 2a).

b) Installation and use: Recruity agrees to grant you a non-excluding and non-transferable license for installing and using the software for internal business use that is not restricted to a particular time or location.

c) Updates: You are entitled to all product upgrades for the period of one year after the date you purchased the product. After this year you can extend the right for support and upgrades by buying a support contact.

d) Support: Recruity offers technical support through e-mail via [email protected] Response will follow within 8 working hours. We support all technical problems with Recruity. Problems with third party programs installed on the server like the Linux OS, Postfix, Apache and Dovecot are not part of this support contract.

2. Prohibited use

Recruity reserves all rights not expressly granted. Using the software in the ways described below is prohibited:

a) Sales, sublicensing, renting, leasing: you are not authorized to sell the software. The same applies to sublicensing, renting, leasing or other forms of provisioning the software to third parties.

b) Modification, decompilation: Any modification, editing, compilation or decompilation of the software is prohibited. However, Recruity does agree to provide the required source-code information in order to restore interoperability for a suitable fee.

c) Themes: Recruity grants you the right to create customized themes. All themes must retain the Recruity copyright notice in the about screen, that is accessed through the "Help" menu.

d) Modules: Recruity grants you the right to create modules for the software as long as they are compatible with the license agreement.

3. Warranty

a) No absolute error-free software: Recruity expressly states that current technology does not make it possible to develop 100% error-free software products. No liability will be assumed for typical software errors that do not effect or only slightly impair operation.

b) Requirement to inspect and give notice of defects: Recruity must be informed immediately of any errors found during such an inspection. Recruity must be informed of any other errors immediately after they are discovered in writing. The written notification must contain a sufficiently precise description of the error that will allow Recruity to identify, reproduce, and eliminate the error.

c) Warranty rights: Recruity will offer compensation for justified customer claims by correcting the defect(s) or replacing the defective part(s). If a defect cannot be corrected within a suitable period of time, or if the corrective measure or replacement has failed, the customer is entitled to a reduction in the purchase price (diminution) or cancellation of the contract (recision).

d) Invalidation of warranty: The warranty will be invalidated if the customer modifies or edits the software in a way that is not authorized by Recruity unless the customer is able to demonstrate that the defect in question was not caused by the modification, in whole or in part, and that the ability to eliminate the defect has not been aggravated by the modification.

e) Costs: In legitimate warranty cases, the customer will receive a replacement free of charge. If it is ascertained that service or repair work was not covered by the warranty, the customer is required to remunerate Recruity for the services rendered according to its general payment rates.

4. Liability

a) Customer Remedies. Recruity's and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at Recruity's option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to Recruity at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.

b) Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECRUITY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, RECRUITY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

c) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL RECRUITY OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL RECRUITY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE RECRUITY CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF RECRUITY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

5. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Recruity expressly disclaims any express or implied warranty of fitness for High Risk Activities.

6. Recruity customer contact. If you have any questions regarding this contract. Contact Recruity using the following information:

Recruity
Tesselschadestraat 11
1054 ET Amsterdam
tel. +31 20 521 8700

e-mail: [email protected]