Effective starting: 2016-10-24
1. The Bricknode Marketplace
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.
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:
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.
3.2.5.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).
3.6. 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.
3.9. 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.
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.