What are the basic terms of Tracardi commercial agreement?
The basic terms of the standard Tracardi commercial license agreement are as follows:
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Order: The agreement is formed based on the order that references these terms and identifies the software, developer, and customer involved.
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Versions: The agreement covers the specific software version mentioned in the order, as well as any new versions provided by the vendor during the agreement's duration.
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Modifications: The customer is allowed to make changes to the software's source code, compile those changes, and run modified versions of the software.
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Billing: The vendor invoices the customer as per the order, and the customer agrees to pay the fees using the specified payment method. There are provisions for addressing billing errors.
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Term and Termination: The agreement continues on a month-to-month basis after the trial period ends. Either party can terminate the agreement immediately if the other party breaches the terms outlined in the agreement.
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Use: The customer may use the software for its own computing needs and those of its subsidiaries and corporate affiliates. Specific usage restrictions and prohibited uses are mentioned.
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Licenses: The customer and authorized users are granted standard licenses for the software's copyrights and patents mentioned in the agreement. There are separate licenses for the software and its documentation.
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Open Source: The agreement addresses the use of open source components and provides guidelines for compliance with open source licenses.
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Delivery: The vendor agrees to deliver the software, its source code, relevant documentation, and license keys within specified timeframes and using specified methods.
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Limited Technical Support: The vendor does not provide a technical support for the software within this license.
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Warranties: The vendor does not provide warranties related to the software.
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Prohibited Use: The customer agrees not to use the software for illegal or unauthorized purposes.
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Liability: The vendor disclaims certain warranties, and both parties agree on limitations and caps on liability, except for certain uncapped liabilities.
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Responsibilities: The customer bears responsibility for the use, data storage, and data processing associated with the software.
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Indemnities: The customer agrees to indemnify and hold the vendor harmless from any claims or damages arising from the customer's use of the software.
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Tax: The customer is responsible for paying applicable taxes on the fees, except for the vendor's income tax.
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General Contract Terms: The terms cover notices, governing law, dispute resolution, enforcement, amendments, waivers, assignment, and other general provisions related to the agreement.
Please note that this is a summary of the terms mentioned in the provided draft, and it is always advisable to review and seek legal advice on any specific agreement to ensure compliance with applicable laws and suitability for your particular situation.