Terms of use

This License Agreement (hereafter "License") grants to you, and you accept, a non-exclusive and non-transferable license to use the NetGas software and Service (hereafter the "Software" and the "Service") including any patches and associated documentation (hereafter "Documentation") subject to the terms set forth herein. NETGAS reserves the right to supplement or amend the terms herein with terms transpiring from the Software itself and accepted by you during installation or updating.

This License does not convey to you with an interest or ownership in or to the Software, but only a limited right of use always subject to the terms of this License.

 Restrictions

 You may not:

NETGAS may at its discretion disable the Software and/or terminate this License upon the breach of any term hereof, including (i) if applicable license fees are not paid on time, (ii) if you fail to comply with any other provision of this License.

Further, NETGAS is entitled to terminate this License by giving a written notice of at least three (3) months. If this License is terminated, you must cease any use of the Software IMMEDIATELY.

 

The service

The Software performs an ongoing Service. The Service can only be performed if you have a valid license for the supported applications and if you have Internet access.

Maintenance

Maintenance may include:

The maintenance services shall only be provided to versions of the Software chosen by NETGAS and only for such a period of time as NETGAS chose to offer.

 

Copyright protection

NETGAS's ownership of the Software is protected by copyright law and international copyright treaties. The Software may not be copied or used except as permitted by this Agreement.

Limited or no warranty

You acknowledge that you know the essential functional characteristics of the Software and bear the risk should the Software not meet your wishes and requirements.

You accept that the Software, like any standard software, may not be error-free or free from defects and that NETGAS is not liable for malfunctions due to errors or defects.

 

Limited liability

NetGas will not be liable to pay accumulated damages exceeding 1) the accumulated payments made by the Customer to NetGas under the agreement / the agreements from which the claims originate - whichever amount is the lowest. This limit constitutes the maximum accumulated liability in damages that NetGas can incur due to all agreements with the Customer, including companies affiliated or associated with the Customer, irrespective of the basis of liability and the degree of NetGas's negligence. NetGas will not be liable for any indirect loss, damage, or loss of data, including operating loss or loss of profit, irrespective of the basis of liability and the degree of NetGas's negligence.

 

Disputes, choice of law and venue 

This license shall be governed by, and exclusively construed in accordance with, the laws of Romania, not taking into account its provisions that may lead to the application of any other substantial law than Romanian law.

Any dispute, controversy or claim arising out of or in connection with this license or the breach, termination or invalidity thereof shall be settled by the ordinary Romanian courts.

Notwithstanding the above, NetGas shall at its sole discretion be entitled to initiate proceedings against you in a court of its choice including without limitation in case of non-payment by you or your infringement of NetGas's intellectual property rights or trade secrets or breach of the license by you.