Bricknode Marketplace Terms of Use

 

Effective starting: 2016-10-24

The Bricknode Marketplace (the “Bricknode Marketplace”, “Bricknode Add-On Marketplace”) is an online marketplace for on-demand applications (“Marketplace Products”) that interoperate with applicable Bricknode Products (as defined below). By visiting the Bricknode Marketplace website or by accessing any Bricknode Product you agree that your usage is governed by the legally binding terms and conditions described in these Bricknode Marketplace Terms of Use (“Terms of Use”), which you acknowledge represents an agreement between you and Bricknode Platform AB (company number 559040-5709) (“Bricknode”) with primary place of business at Kanikegränd 3B, 541 34 SKÖVDE, SWEDEN). If you are agreeing to these Terms of Use on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms of Use, and the terms "you" and "your" will refer to that company or organization. If you do not have that authority, or if you do not agree with these Terms of Use, you may not use and you must leave the Bricknode Marketplace.

IF YOU USE THE BRICKNODE MARKETPLACE, INCLUDING ANY ASSOCIATED MARKETPLACE PRODUCTS, YOU WILL BE BOUND BY THESE TERMS OF USE.

1.       The Bricknode Marketplace

In the Bricknode Marketplace, you can access, browse, purchase and/or download Marketplace Products. Marketplace Products include any software, content, services, technology, data and other digital materials included in or made available through a Marketplace Product that you download or use via the Bricknode Marketplace (including after you download it). Marketplace Products also include any updates, upgrades and other changes thereto and versions thereof that you later use or download from the Bricknode Marketplace. Bricknode may make some Marketplace Products available via the Bricknode Marketplace at no charge and others for a price. Most of the Marketplace Products made available on the Bricknode Marketplace are provided and licensed to you by third parties, as described in these Terms of Use.

2.       Using Marketplace Products

2.1.    General. After you order a Marketplace Product and pay any corresponding fees to Bricknode (or to the Publisher in the case of Non-Bricknode Paid Products, as described in Section 2.3 below), you may use and/or download the Marketplace Product for your use on a device on which you have installed (or otherwise access) a Bricknode product with which the Marketplace Product is designed to interoperate (a "Bricknode Product"). Marketplace Products can be used only on devices that also have a Bricknode Product installed (or through which a Bricknode Product is otherwise accessed) and meet certain other technical requirements described in our Marketplace Guidelines, as amended from time to time by Bricknode.

2.2.    Evaluation of Marketplace products. Bricknode may offer free evaluation and/or other limited versions of Marketplace Products so you can preview Marketplace Products before you purchase the full version ("Evaluation Marketplace Products"). If the Marketplace Product is only provided for evaluation purposes, your rights are limited to an evaluation license which permits you to use, download, install, and/or operate the Evaluation Marketplace Product for a limited period of time ("Evaluation Period"), and it will only be accessible by a limited number of temporary users, in each case as determined by Bricknode. On the expiry of the Evaluation Period, the Evaluation Marketplace Product will cease to function and you will remove and delete all copies of such Marketplace Product in your possession or control.

2.3.    Special Terms for Free or Non-Bricknode Marketplace Paid Products. You acknowledge that the Bricknode Marketplace includes listings for Marketplace Products that are either (i) free of charge or (ii) where the fees are paid directly to the Publisher (defined below) rather than to Bricknode through the Bricknode Marketplace (together (i) and (ii) are referred to herein as the, "Non-Bricknode Paid Products"). Notwithstanding anything to the contrary in these Terms of Use, and without limiting Section 3.6 (Disclaimers) below, you acknowledge and agree that (1) you must use your own discretion when you obtain Non-Bricknode Paid Products through the Bricknode Marketplace or go to Publisher or other third party websites, and you should read the terms and conditions and privacy policies of these Publishers and (2) Bricknode does not own or control any of these websites or the Non-Bricknode Paid Products, and you will not hold us responsible or liable for any such website (including its content, terms and conditions, privacy policy, or anything else) or the Non-Bricknode Paid Products, under any circumstances. For clarity, subject to the foregoing, all Non-Bricknode Paid Products are still "Marketplace Products" for purposes of these Terms of Use.

3.       Use of and Restrictions on Marketplace Products

3.1.    Separate Licenses to Use Marketplace Products. Your use of a Marketplace Product (including Non-Bricknode Paid Products) will be governed by the terms and conditions of an end user license agreement between you and the publisher ("Publisher") of the Marketplace Product (a "EULA"). In the event Bricknode is the Publisher of a Marketplace Product, then such Marketplace Product will be governed by the terms and conditions of Bricknode’s Customer Agreement (the "Bricknode EUA").

3.2.    With respect to all Marketplace Products (other than the Non- Bricknode Paid Products), the EULA for a Marketplace Product includes the terms set forth below (the "Standard EULA") and any additional end user license terms included in or with the Marketplace Product (the "Publisher EULA"). If there is a conflict between the Standard EULA and the Publisher EULA, the Standard EULA will control (but, for clarity, the Bricknode EUA, and not the Standard EULA, will apply to all Marketplace Products published by Bricknode). The Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for a Marketplace Product, you must not use that Marketplace Product. Bricknode is not a party to the EULA for any Marketplace Product (unless Bricknode is the Publisher of that Marketplace Product). The Standard EULA includes the following end user license terms, and if the Marketplace Product does not include a Publisher EULA, these terms will constitute the entire EULA between you and the Publisher:

Standard EULA

3.2.1.The Publisher is the licensor of the Marketplace Product and Bricknode is not a party to the Publisher EULA or this Standard EULA, as applicable.

3.2.2.If the Marketplace Product does not include a Publisher EULA that specifies Marketplace Product license rights, Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by you.

3.2.3.Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Bricknode and/or its certified partners (each, a "Bricknode Expert"). You may purchase additional User Licenses at any time on payment of the appropriate fees to Bricknode or a Bricknode Expert. "User License" means a license granted under this EULA to you to permit an Authorized User to use the Marketplace Product. The number of User Licenses granted to you is dependent on the fees paid by you. "Authorized User" means a person who accesses and uses a Marketplace Product under the EULA and for which the necessary fees have been paid to Bricknode and/or a Bricknode Expert.

3.2.4.Any information that Publisher collects from you or your device will be subject to any Publisher EULA, privacy notice, or similar terms that the Publisher provides to you, and will not be subject to the Bricknode Privacy Policy (unless Bricknode is the Publisher).

3.2.5.You may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, or create any derivative works from or sublicense any rights in the Marketplace Product, unless otherwise expressly authorized in writing by Publisher.

3.2.6.The Marketplace Product is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Marketplace Product, and the Marketplace Product is licensed to you directly by the Publisher, not sold.


End of Standard EULA

3.3.    Information Provided by Bricknode to Publisher. You hereby explicitly acknowledge and authorize Bricknode to, in connection with your purchase of one or more Marketplace Product(s), provide the Publisher with the information provided by you in completing the purchase (including without limitation, your name, company name (if any), addresses (including e-mail address) and phone number).

3.4.    Consent to Use Data. You agree that Publisher and Bricknode (if Bricknode is not the Publisher) may collect and use technical data and related information, including without limitation, technical information relating to your device, system, Marketplace Product, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Marketplace Product. Publisher and Bricknode (if Bricknode is not the Publisher) may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you (including with respect to Bricknode, the Bricknode Marketplace and Bricknode Products).

3.5.    Publisher Access to Your Data. If you evaluate and/or install Marketplace Products of which Bricknode is not the Publisher, those applications may transmit your data outside of Bricknode’s systems during normal use, and the Publishers of those Marketplace Products may be able to obtain access to your data in Bricknode Products through the applicable Bricknode Product’s application programming interface (API). Such access may result in the disclosure, modification or deletion of your data by those Publishers or their Marketplace Products. Further, the Publisher and its agents and partners may collect and use data pertaining to your configuration and/or use of the Marketplace Product(s). Bricknode is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through Marketplace Products or their Publishers. Any information Bricknode receives is subject to the Bricknode Privacy Policy. Publisher has agreed to handle your data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve your data’s confidentiality and security.

3.6.    Disclaimer. A significant portion of the Marketplace Products in the Bricknode Marketplace are provided by parties other than Bricknode. The third-party content included in the Marketplace Products is the sole responsibility of the Publisher of that content. Bricknode is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree that you bear all risks associated with using or relying on Marketplace Products from the Bricknode Marketplace. Bricknode does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Marketplace Products (including without limitation any applications or content contained therein), regardless of who originated that content (including Bricknode’s employees, partners, affiliates or moderators), and even if a Marketplace Product complies with the Marketplace Guidelines. Bricknode hereby disclaim all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to such Marketplace Products. Bricknode shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any Marketplace Products in the Bricknode Marketplace.

3.7.    Indemnification. You agree to indemnify and hold Bricknode and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the Bricknode Marketplace, your use of the Bricknode Marketplace or any Marketplace Products, your violation of these Terms of Use or the EULA, or your violation of any rights of a third party.

3.8.    Compliance with Law and Reservation of Rights. You will use the Bricknode Marketplace and Marketplace Products in compliance with all applicable laws. Except for the rights explicitly granted to you in these Terms of Use and in the EULA for each Marketplace Product, all right, title and interest in the Bricknode Marketplace and the Marketplace Products are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Bricknode Marketplace or the Marketplace Products as a result of downloading, installing or using the Bricknode Marketplace or the Marketplace Products.

3.9.    Support and Maintenance of Marketplace Products. Any support and maintenance of the Marketplace Products shall be provided by the Publisher and only to the extent described in the EULA. You agree and acknowledge that Bricknode has no responsibility for providing such support and maintenance, except when Bricknode is the Publisher of such Marketplace Product, in which case such support and maintenance shall be as described in the Bricknode EUA. Failure of Publisher to provide support and maintenance will not entitle you to any refund of fees from Bricknode in connection with obtaining the applicable Marketplace Product and/or support and maintenance.

3.10.                     Sales Contract. You agree and acknowledge that Bricknode is the reseller of the Marketplace Product, you are purchasing the Marketplace Product from Bricknode and you are required to make the related payments directly to Bricknode. The sales contract between you and Bricknode includes these Terms of Use and the applicable invoice provided to you by Bricknode. Notwithstanding the foregoing, the license to the Marketplace Product is provided directly to you by the Publisher as described in the Standard EULA and Publisher EULA, as applicable.

4.       General

Termination; Amendments. Your rights under these Terms of Use will automatically terminate without notice from Bricknode if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Bricknode Marketplace and the Marketplace Products, and Bricknode may immediately revoke your access to the Bricknode Marketplace without notice to you and without refund of any purchases. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of Bricknode’s rights. Bricknode may amend any of these Terms of Use terms at its sole discretion by posting the revised terms on the Bricknode.com website. Your continued use of the Bricknode Marketplace or the Marketplace Products after the effective date of the revised Terms of Use constitutes your acceptance of such revised terms.

Damages Cap. Without limiting the Disclaimer in Section 3.6 or any other Disclaimer of Warranties and/or Limitation of Liability in the EULA: (i) in no event shall Bricknode or its agents, its software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Bricknode Marketplace or any Marketplace Products exceed the amount of 200 SEK; and (ii) in no event shall Bricknode’s total liability to you for all damages arising from your use of the Bricknode Marketplace, the Marketplace Products, or information, materials or products included on or otherwise made available to you through the Bricknode Marketplace exceed the amount you paid to Bricknode to purchase the Marketplace Product related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

Governing Law; This agreement is governed by Swedish law. Each Party submits to the jurisdiction of the Swedish courts for all purposes relating to this agreement.

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