top of page

Terms & Conditions

Last Updated: June 15, 2024

These Terms and Conditions ("Agreement") govern your use of the VliSoft website and services provided by VliSoft ("Company," "we," "us," or "our"). By accessing or using our services, you agree to the following terms. If you do not agree, please refrain from using our services.

1. Definitions

1.1 "VliSoft Products": Refers to the software, applications, and services provided by VliSoft, including any updates, upgrades, or new versions. This definition includes the user documentation provided with the licensed VliSoft Products (“Documentation”).

1.2 "Confidential Information": All non-public information, whether technical, business, or otherwise, disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”), marked as confidential or proprietary, or which should reasonably be understood as confidential given the nature of the information and the circumstances of disclosure.

1.3 "License Type": Specifies the type of license granted for each VliSoft Product as outlined in the applicable Product Order and accompanying documentation.

1.4 "Product Order": A formal agreement between VliSoft and the customer detailing license terms, service terms, fees, and other requirements for VliSoft Products.

1.5 "Product Order Effective Date": The effective date stated on the applicable Product Order.

1.6 "Service(s)": Any training or additional services provided, excluding standard support and maintenance, as detailed in the relevant service agreement.

1.7 "You": The individual or entity using VliSoft’s services.

2. License Grants and Limitations

2.1 Grant: Subject to the terms of this Agreement, VliSoft grants you a non-exclusive, non-transferable, limited license to:

  • (a) Copy the VliSoft Products up to the number of copies for which you have paid the applicable license fee.

  • (b) Use the VliSoft Products in accordance with the applicable Product Order and License Type. You may make a reasonable number of backup copies for devices such as hard disks or other media.

2.2 Limitations: All rights not explicitly granted are reserved by VliSoft. You are prohibited from:

  • (a) Modifying, porting, translating, localizing, or creating derivative works based on VliSoft Products.

  • (b) Using, copying, renting, leasing, marketing, distributing, or sublicensing VliSoft Products unless permitted hereunder.

  • (c) Reverse engineering, decompiling, or disassembling VliSoft Products or APIs.

  • (d) Disclosing benchmark results or other performance tests without prior written consent from VliSoft.

 

3. Orders

3.1 Orders: To order additional licenses or services, a written Product Order must be executed. VliSoft reserves the right to refuse additional orders at its discretion.

3.2 Shipping: Products are delivered electronically unless physical delivery is requested in writing. VliSoft will make reasonable efforts to meet delivery dates, but these dates are estimates and not guarantees.

 

4. Support and Services

4.1 Support: VliSoft provides technical support under its current standard terms. Support terms are outlined in the applicable agreement. Renewal of annual support will be at the then-current support fee, provided all requirements are met.

4.2 Services: Additional services beyond standard maintenance are provided under separate terms as specified in the service agreement.

 

5. Payment and Other Obligations

5.1 Fees: You agree to pay all fees associated with VliSoft Products and services as detailed in the Product Order. Fees are non-cancelable and non-refundable.

5.2 Payment Terms: Payments are due within 30 days of the invoice or delivery date, whichever is later. Late payments may incur interest as per applicable laws.

5.3 Taxes: You are responsible for all taxes associated with the purchase of VliSoft Products, excluding VliSoft’s net income taxes.

5.4 Records and Audits: You must maintain accurate records of your use of VliSoft Products. VliSoft may audit these records to ensure compliance with the Agreement.

 

6. Confidential Information

6.1 Nondisclosure Obligations: Each party agrees to protect the other’s Confidential Information with at least the same degree of care used to protect its own information. Confidential Information may only be used to fulfill obligations under this Agreement.

6.2 Exceptions: Confidentiality obligations do not apply to information that is public, rightfully received from a third party, independently developed, or required to be disclosed by law.

 

7. Infringement Indemnification

You must promptly notify VliSoft of any intellectual property claims related to VliSoft Products. VliSoft will indemnify you for reasonable legal fees and damages awarded against you if you comply with this notification requirement and cooperate fully in the defense. VliSoft may modify or replace the product, or terminate the license and refund the applicable fees.

 

8. Warranty

8.1 Warranty: VliSoft warrants its products to be free from defects for 90 days from delivery. The remedy for breach of this warranty is repair or replacement of the defective product.

8.2 No Other Warranties: VliSoft disclaims all other warranties, including implied warranties of merchantability or fitness for a particular purpose.

 

9. Limitation of Liability

VliSoft will not be liable for indirect, consequential, or special damages arising from this Agreement. VliSoft’s total liability will not exceed the amount paid for the product or service in question.

 

10. Term and Termination

10.1 Term: This Agreement is effective from the date of acceptance and remains in effect until terminated by either party.

10.2 Termination for Breach: Either party may terminate this Agreement upon material breach by the other if the breach is not cured within 30 days of notice.

10.3 Effect of Termination: Upon termination, you must cease using VliSoft Products and destroy all copies.

 

11. General

11.1 Governing Law: This Agreement is governed by the laws of the Netherlands and the European Union.

11.2 Complete Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.

11.3 Assignment: You may not transfer this Agreement without VliSoft’s consent.

11.4 Notices: All notices must be in writing and sent to the designated contact information.

11.5 Force Majeure: Neither party will be liable for delays or failures due to circumstances beyond their control.

11.6 Severability: If any provision is found invalid, the remaining provisions remain in effect.

11.7 Waiver: No waiver of any provision will be effective unless in writing and signed by the authorized party.

 

12. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

  • Email: info@vlisoft.com

  • Phone: +31 (0) 627 342 441

  • Address: Vissershavenstraat 14E, 2583DH Den Haag

bottom of page