1. Application

Elbek & Vejrup A/S's Sale and Delivery Terms apply. The following Licence Terms and Conditions apply in so far as they are not waived by written agreement between the parties. If any disputes may occur, it is the Danish version of the Licence Terms and Conditions that is in force at the time in question.

2. EV products

This document is an end user licence agreement between Elbek & Vejrup A/S and the end user customer, hereinafter referred to as the Licensee. Under the following Terms and Conditions, Elbek & Vejrup A/S licenses a limited right to use software developed by and belonging to Elbek & Vejrup A/S, hereinafter referred to as EV Products.
EV products include all modules and system adaptations developed by Elbek & Vejrup A/S.

3. Ownership rights

EV products are protected by copyright laws and international copyright agreements and other applicable ownership rights and copyright laws.
Elbek & Vejrup A/S retains ownership and copyright of EV products and all copies thereof. The Licensee only acquires the right to the agreed use of EV products. In addition, the Terms and Conditions for the standard software specified at any given time by the provider apply.

4. Scope of the licence rights

The Licensee is given the agreed time-limited, non-exclusive and non-transferable right to use EV products. The right of use is limited to the agreed period and is subject to a valid subscription agreement.
If the Licensee is a legal entity with a Central Business Register (CVR) number, the EV products may also be used by the Licensee's employees and other authorised persons who work for the Licensee. The Licensee alone is responsible for ensuring that persons who the Licensee also grants access to the EV products are in compliance with these Licence Terms and Conditions.
It is stated in each specific agreement which EV products may be used and how many users may use the individual EV products.
The Licensee has the rights to its own data entered into the EV products. Elbek & Vejrup A/S retain the rights to delivered default settings, demo data and educational data. Rights to data provided by external data providers are subject to the supplier's terms of delivery.
The Licensee is in no way entitled to give third parties direct or indirect access to the EV products.
The Licensee is not entitled to make changes to EV products himself or through third parties.

5. Copying restrictions

The Licensee may copy the EV products for backup and installation.
Backups and installation copies must not be used for operational purposes at the same time as the original copy of the EV products.
In the event that the Licensee's rights to the original copy cease, the Licensee is required to immediately destroy backups and installation copies.

6. Other restrictions and limitations

The Licensee may not reverse engineer, decompile or disassemble the EV products or otherwise attempt to gain access to the structure and composition of the EV products, except to the extent specifically granted in accordance with Danish law relating to software products.
The Licensee may not sell, transfer, distribute, licence out, rent out, lease out, lend, offer commercial software hosting services or otherwise transfer the EV products or any licence rights to third parties without the written consent of Elbek & Vejrup A/S.

7. Limited warranty

The EV products will function essentially as described in the applicable product description valid at any given time.
Elbek & Vejrup A/S cannot guarantee that the EV products are without error, that they function correctly in any hardware and software configuration, or that they meet specific expectations.
Changes in hardware or software configuration may mean that a program no longer functions correctly.
Elbek & Vejrup A/S cannot undertake to cover any loss or expense a user may have as a result of errors in the program.
If the Licensee or third party makes changes to the EV products, or in software that influences the functioning of the EV products, Elbek & Vejrup A/S's obligation to correct errors and omissions will lapse.

8. Limitation of Liability

The Licensee is solely responsible for the choice and use of the EV products and for the results of the use of the EV products.
Elbek & Vejrup A/S disclaims any liability, expressly or implicitly, regarding the EV products.

9. Subscription agreement

The subscription agreement includes access to the use of the agreed EV products and access to the use of updated versions of EV products.
Elbek & Vejrup A/S supports the latest version and latest previous version of EV products. The subscription agreement assumes that the EV products have been upgraded to a supported version at any given time.
It is the Licensee's responsibility to update the EV products.
The fee for the subscription agreement includes a start fee and a subscription payment that is charged in advance at the start of each subscription period.
The updated software will contain changes and improvements. Elbek & Vejrup A/S independently determines the contents of the updates and where and when these updates are released.
The updated software is delivered in the same way that Elbek & Vejrup A/S usually delivers products to end users. It is the Licensee's own responsibility to implement and apply the upgraded versions or changes thereto.
The updated versions of the software are covered and governed by these Licence Terms and Conditions.
The updated versions that Licensees are entitled to receive will be limited to the modules, versions, and parts of the software that are covered by the subscription agreement.
The subscription agreement cannot be transferred without Elbek & Vejrup A/S's prior written acceptance.

10. Termination

In the event of the Licensee's breach of these Licence Terms and Conditions, Elbek & Vejrup A/S may terminate the Licensee's licence rights and subscription agreement with immediate effect.
After the expiry of an agreed commitment period, the Licensee may give notice of termination of the subscription agreement and, consequently, the right to the Licence, with 6 months written notice to the expiry of a subscription period. If the subscription agreement is not terminated, it will be renewed automatically.
After the expiration of an agreed commitment period, the Licence rights may be revoked at any time by Elbek & Vejrup A/S with a notice of 6 months.
If the subscription agreement expires or notice is given to terminate it, the right to the licence ceases in accordance with these Licence Terms and Conditions and thus the Licensee's usage rights cease immediately.
In the event of termination of the right to the licence, the Licensee shall remove the EV products immediately, without compensation, including all backups thereof.
Any data extract or data conversion that the Licensee may wish Elbek & Vejrup A/S to perform for the continuation of data is not covered by the subscription agreement.

11. Settlement of disputes

Any dispute between Elbek & Vejrup A/S and the Licensee shall be decided by the District Court in Aarhus, unless Elbek & Vejrup A/S may wish to bring the matter to the customer's venue of jurisdiction.