eFarmer warrants that during the Warranty Period that (a) the Product will be free from defects in material and workmanship and conform to eFarmer specifications; (b) the software will be free from error which materially affect performance; and (c) if applicable as defined in the User’s Manual, be eligible for access to post contract support and software updates when available.
THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EFARMER SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE.
We will send eFarmer Navi antenna as soon as we get your payment.
We provide a 30 day money back guarantee.
Please check Ship to address. Usually delivery takes 10 -20 business days. We will send you the shipment note with the tracking code after shipment.
END-USER SOFTWARE LICENSE AGREEMENT
This End-User Software License Agreement (the “Agreement”) is made and effective
BETWEEN: eFarmer B.V., a company duly incorporated and registered under the laws of the Netherlands, having its registered address at: Marketentster 62, Amstelveen, 1188DG and KvK number 61120901 (the “Licensor”)
AND: the Licensee of Software through the Licensor’s Web site.
If you do not agree to these terms, you will not be able to license the Software, so please review these terms carefully:
WHEREAS, Licensor has developed certain Software and desires to grant Licensee a license to use the Software.
WHEREAS, Licensee wishes to use the Software under the conditions set forth in this Agreement.
Licensee is hereby notified that any and all software that is made available to download from through this eFarmer web site (“Software”) is the copyrighted work of the Licensor and that all other contents of this Web Page (“Content”) is the copyrighted work of the owner and operator of this web site. The owner of this Web Site and the Licensor assert all copyrights and other proprietary rights in and to such items. Use of any Software that is downloaded by accessing this web site is governed by and subject to the terms of any license agreement which accompanies or is included with the Software. Any party downloading any Software by access to this web site will not be able to use or install any Software that is accompanied by or includes a Agreement, unless such party acknowledges the terms of the applicable License Agreement and agrees to all terms and conditions of the applicable Agreement terms.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensee and Licensor hereby agree as follows:
The following definitions shall apply to this Agreement:
“Software” means the “eFarmer Navi” module of software program “eFarmer Information System for Management of Agrotechnological Operations software”
“Install” means placing the Software on a computer’s hard disk, CD-ROM or other secondary storage device.
“Derivative Works” means a work that is based upon one or more preexisting works, such as a revision, modification, translation, abridgment, condensation, expansion or any other form in which such a preexisting work may be recast, transformed or adapted, and that, if prepared without authorization by the owner of the preexisting work, would constitute copyright infringement.
“Use” means (i) executing or loading the Software into computer RAM or other primary memory, and (ii) copying the Software for archival or emergency restart purposes.
2. Software License
Licensor hereby grants to Licensee a nonexclusive license to install and use the Software on one single user mobile device in its possession, provided the Software is in use on only one mobile device at any time. The Software is “in use” on a mobile device when it is loaded into temporary memory (RAM) or installed into the permanent memory of a mobile device.
3. License Fee
As consideration for the perpetual license to use the Software System granted to Licensee herein, Licensee shall pay to Licensor the total sum of 97 euros pursuant in advance payment.
4. LICENSEE’S RIGHTS AND OBLIGATIONS
Licensee may either:
A. Make one copy of the Software solely for backup or archival purposes, or
B. Transfer the Software to a single hard disk, provided Licensee keep the original solely for backup or archival purposes.
The Software and Documentation are protected by Dutch copyright laws and international treaties. Licensee must treat the Software and Documentation like any other copyrighted material – for example a book. Licensee may not:
A. Copy the Documentation
B. Copy the Software except to make archival or backup copies as provided above
C. Modify or adapt the Software or merge it into another program
D. Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software
E. Place the Software onto a server so that it is accessible via a public network such as the Internet
F. Sublicense, rent, lease or lend any portion of the Software or Documentation.
5. LIMITED WARRANTY
Licensor warrants that for a period of 30 of days after delivery of the Software to Licensee:
A. The physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
B. The Software will perform in substantial accordance with the Documentation.
To the extent permitted by law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether Licensor knows or had reason to know of Licensee particular needs. No employee, agent, or distributor of Licensor is authorized to modify this warranty, nor to make any additional warranties.
6. LIMITED REMEDY
Licensor entire liability and Licensee exclusive remedy shall be:
A. The replacement of any media not meeting the Limited Warranty which is returned to Licensor or to an authorized Dealer or Distributor with a copy of Licensee’s receipt, or
B. If Licensor or an authorized Dealer or Distributor are unable to deliver a replacement media that is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning the Software and Documentation and Licensee’s money will be refunded.
IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF LICENSOR OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
7. Representations and Warranties
Licensor hereby represents and warrants to Licensee that:
A. Licensor is the owner of all right, title and interest, including copyright, in all the Licensed Materials, or has the authority to enter into this Agreement on behalf of the owner.
B. Licensor has not granted any rights or licenses to the Licensed Materials that would conflict with Licensor’s obligations under this Agreement.
C. Licensor is fully aware of Licensee’s business requirements and intended uses for the Software and the Software shall satisfy such requirements and is fit for such intended uses.
D. Licensor will not enter into any agreement with any third party which would affect Licensee’s rights under this Agreement, or bind Licensee to any third party, without Licensee’s prior written consent.
E. Licensee’s use of the Licensed Materials as authorized by this Agreement will not infringe any existing copyright, trade secret, patent or trademark rights of any third party.
Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this Agreement or if Licensee becomes bankrupt or insolvent. This License Agreement takes effect upon Licensee’s use of the software and remains effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software and Documentation in its possession. It will also automatically terminate if Licensee fails to comply with any term or condition of this License Agreement.
9. Return or Destruction of Software Upon Termination
Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications. Licensor shall have a reasonable opportunity to conduct an inspection of Licensee’s place of business to assure compliance with this provision.
10. Title to Software
Licensor retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.
11. Modification and Enhancements
Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Licensor’s express written consent.
12. The Software
The Software shall consist of the modules or components, shall perform the functions and shall comply with the specifications of the “eFarmer Navi” module of software program “eFarmer Information System for Management of Agrotechnological Operations software”.
13. Operating Environment
The Software, and each module or component and function thereof, shall be capable of operating fully and correctly on the combination of following computer equipment (“Hardware”) the programming language and the Operating System: Android
Within 30 days of the execution of this Agreement by Licensor, and upon no less than 10 days’ prior notice to Licensee, Licensor shall provide access to Licensee to the required number of copies of the Software on “Goggle Play” application store or other Internet resources.
15. Software Installation and Acceptance
Promptly after delivery of the Software, Licensor shall install the Software on the Hardware. Licensor shall successfully conduct all of its own testing procedures on the Software.
16. Software Maintenance
A. During the warranty period 90 days, Licensor shall promptly notify Licensee of any defects or malfunctions in the Software of which it learns from any source. Licensor shall promptly correct any defects or malfunctions in the Software discovered during such warranty period and provide Licensee with corrected copies of same, without additional charge. Licensor’s obligation hereunder shall not affect any other liability which it may have to Licensee.
B. Licensor shall provide to Licensee, without additional charge, copies of the Software revised to reflect any enhancements to the Software made by Licensor during the warranty period. Such enhancements shall include all modifications to the Software which increase the speed, efficiency or ease of operation of the Software, or add additional capabilities to or otherwise improve the functions of the Software.
17. Additional Support
During the warranty period, Licensor shall provide to Licensee, without additional charge, all reasonably necessary written consultation requested by Licensee in connection with its use and operation of the Software or any problems therewith. Consultation shall be requested and provided only during Licensor’s normal business hours and Licensee shall pay all long distance telephone charges in connection therewith.
Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this Agreement, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this Agreement.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to Licensee in strict confidence.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
19. Licensor’s Proprietary Notices
Licensee agrees that any copies of the Software which it makes pursuant to this Agreement shall bear all copyright, trademark and other proprietary notices included therein by Licensor and, except as expressly authorized herein, Licensee shall not distribute same to any third party without Licensor’s prior written consent. Notwithstanding the preceding sentence, Licensee may add its own copyright or other proprietary notice to any copy of the Software which contains modifications to which Licensee has ownership rights pursuant to this Agreement.
20. Most Favored Customer
Licensor agrees to treat Licensee as its most favored customer. Licensor represents that all of the prices, warranties, benefits and other terms being provided hereunder are equivalent to or better than the terms being offered by Licensor to its current customers. If, during the warranty period, Licensor enters into an agreement with any other customer providing such customer with more favorable terms, then this Agreement shall be deemed appropriately amended to provide such terms to Licensee. Licensor shall promptly provide Licensee with any refund or credits thereby created.
Licensee may assign this agreement to any subsidiary or affiliate under its control, or as part of the sale of that part of its business which includes the Hardware or any substantial portion of its data processing facilities, or pursuant to any merger, consolidation or other reorganization, without Licensor’s consent, upon notice to Licensor. Licensor shall not assign this Agreement without Licensee’s prior written consent, which shall not be unreasonably withheld. An assignee of either party, if authorized hereunder, shall have all of the rights and obligations of the assigning party set forth in this Agreement.
The parties agree to submit any dispute under this License to binding arbitration in the following location: Amsterdam, the Netherlands. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
23. Attorney Fees
If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
24. Limited Liability
Unless otherwise expressly stated herein, Licensor shall not be liable to Licensee for any consequential damages arising out of Licensor’s breach of this Agreement.
All notices required or permitted to be given by one party to the other under this Agreement shall be sufficient if sent by certified mail, return receipt requested, to the parties at the respective addresses set forth above or to such other address as the party to receive the notice has designated by notice to the other party.
26. Governing Law
This Agreement shall be governed by and construed under the laws of the Netherlands.
If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
28. No Waiver
The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
29. Complete Agreement
This Agreement sets forth the entire understanding of the parties as to its subject matter and may not be modified except in a writing executed by both parties.