The Houdini Security Suite Software (the computer program in machine readable object code form issued by Houdini pursuant to this Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Houdini Security Suite software) and/or other materials distributed with the Houdini Security Suite Software is licensed, not sold, to you by Houdini, and Houdini reserves all rights not expressly granted to you within this Agreement. Under no circumstances shall the source code of Houdini Security Suite be made available to you by Houdini. The Houdini Security Suite Software and Documentation are collectively referred to as ‘Houdini Security Suite’.
By downloading, installing, copying or otherwise using all or any portion of the Houdini Security Suite Software you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use the Houdini Security Suite Software. Violation of any part of the Agreement will result in termination of your account.
Houdini Security Suite is a comprehensive bundle of 5 separate items which can be bought and used both separately and together.
Description of functionality:
Ensures records are restricted to only those users invited to view and edit them.
Allows individual users to be denied access to individual records
Records every access request and search made by a user
Ensures changes to records are not formally made until approved or checked,
CONFLICTS:
DEFINITIONS
LICENSE GRANT
Houdini may, at its sole discretion, grant you a Trial License or a Commercial License. Unless otherwise stated, the Trial License Terms as set out under (A) are applicable to your use of Houdini Security Suite if you have not purchased or otherwise rightfully obtained a Commercial License for Houdini Security Suite. The Commercial License Terms as set out under (B) are applicable to your use of Houdini Security Suite if you have rightfully obtained a Commercial License for Houdini Security Suite.
TRIAL LICENSE TERMS
Houdini may grant you a non-exclusive, non-transferable license to use Houdini Security Suite for time-limited or/and functionally-limited evaluation purposes only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Houdini Security Suite to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of this EULA and rights of Houdini and shall render the license null and void.
According to the trial policy that comes into effect after activating Houdini Security Suite through one of the special offers Houdini Security Suite is fully functional during the amount of days specified in the special offer conditions counting out from the first time you run it. Upon lapse of such period all of or part of Houdini Security Suite’s functionality will be disabled automatically or you may be offered with a special offer price. If you wish to use Houdini Security Suite after the tryout period, you will need to purchase a Commercial Subscription. Additional information about the special offer is available at our websites.
Houdini may grant you the possibility to evaluate the software by providing a free of charge partial fix which stands for a one time functionally-limited use of Houdini Security Suite. In order to proceed using Houdini Security Suite it is necessary to purchase a non-exclusive, non-transferable license.
COMMERCIAL LICENSE TERMS
Houdini grants you a non-exclusive license to use Houdini Security Suite, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Houdini Security Suite to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of this EULA and rights of Houdini and shall render the license null and void.
ONLINE ACTIVATION
The Houdini Security Suite Software requires online activation in order to use it under the Commercial License Terms. Houdini may at its sole discretion decide to adjust the exact technical conditions under which unactivated Houdini Security Suite copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Houdini Security Suite. Your licensed use of Houdini Security Suite is bound to the Dynamics 365 instances you used to complete activation. You may need to reactivate your copy of Houdini Security Suite after migrating to a different instance. You may need to contact Houdini to complete reactivation.
This License grants you the right to activate and use Houdini Security Suite on any named Dynamics 365 instances used by your organisation. Houdini may at its sole discretion define and adjust what said reasonable limits amount to.
GENERAL TERMS
These General Terms are applicable to the Commercial License. This agreement is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are at least 13 years old, you are of legal age to agree to this Agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. The Company may in its sole discretion terminate the agreement with any person or entity and change its eligibility criteria at any time. This provision is valid to the fullest extent permitted by the applicable jurisdiction.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to Houdini Security Suite and to any whole or partial copies that you make are owned by Houdini or its licensors. Houdini permits you to use Houdini Security Suite only in accordance with the terms of this Agreement. All rights not specifically granted by Houdini are reserved by Houdini. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the mechanism/principle of functionality or modify the functionality, or to allow to any third party to make benchmark or other tests of Houdini Security Suite except for those uses allowed in this Agreement. Houdini is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Houdini is the subject of copyright and other intellectual, industrial or proprietary rights of Houdini and/or third parties.
MODIFICATION RIGHTS
You agree not to replace or modify in any way libraries and resources included in the Houdini Security Suite software.
UPDATES
Houdini may provide you with automatic updates of Houdini Security Suite. They are turned on by default in order to provide you with the newest features and improvements of the software. You can manage it whenever you want to turn on/off automatic updates. This option is available by accessing “Preferences” menu of Houdini Security Suite. Upon occurrence of any difficulties please contact Houdini Security Suite Customer Support.
In the event a Houdini Security Suite update contains material change you will be notified about this via the software itself and you will have the possibility to decline installation of such update and/or uninstall the software completely.
ADDITIONAL ACTIVATIONS
The Commercial License does not allow Houdini Security Suite to be activated and used for the number of users you have obtained the said License(s) for. Houdini may, at its sole discretion, for your convenience decide to allow you to activate Houdini Security Suite on additional Dynamics 365 instances within reasonable limits. Notwithstanding such a decision you are only licensed to use Houdini Security Suite simultaneously on the amount of computers you have obtained the said License(s) for.
Houdini may, at its sole discretion, decide to suspend further activations performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations performed under the said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the Houdini Security Suite Software.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF HOUDINI SECURITY SUITE IS AT YOUR SOLE RISK. HOUDINI SECURITY SUITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND Houdini, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS ” HOUDINI “) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. HOUDINI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN HOUDINI SECURITY SUITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF HOUDINI SECURITY SUITE WILL BE CORRECTED. FURTHERMORE, HOUDINI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF HOUDINI SECURITY SUITE IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. HOUDINI DOES NOT GUARANTEE THAT HOUDINI SECURITY SUITE WILL WORK CORRECTLY IF YOU WILL ABANDON FROM AUTOMATIC UPDATES OF HOUDINI SECURITY SUITE, WHEREOF SPECIFIES IN SECTION “UPDATES” OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HOUDINI, HOUDINI AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO HOUDINI SECURITY SUITE. SHOULD HOUDINI SECURITY SUITE PROVE DEFECTIVE, YOU (AND NOT HOUDINI OR A HOUDINI AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. HOUDINI PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. HOUDINI STRONGLY RECOMMENDS YOU TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER HOUDINI NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF HOUDINI SECURITY SUITE OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, HOUDINI’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
LIMITATION OF SUPPORT
Houdini will make an effort to provide you with email, phone and chat support pertaining to your use of Houdini Security Suite. The said support will be limited to topics within the domain of basic usage of Houdini Security Suite. Houdini is not required to offer you general advice on technologies underlying or related to Houdini Security Suite. Houdini reserves the right to cease offering support of any kind pertaining to the usage of older releases of Houdini Security Suite whenever a new release, whether for free or for pay, of Houdini Security Suite becomes available.
INDEMNIFICATION
You agree to defend Houdini, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Houdini, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Houdini Security Suite. Houdini reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Houdini upon its request.
TECHNICAL AND RELATED INFORMATION
Houdini and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Houdini and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Houdini and its subsidiaries shall be limited in such a manner that Houdini and its subsidiaries will not be capable of reconstructing the contents of files and folders you use from within Houdini Security Suite or any other personal files and folders that are accessible to Houdini Security Suite when you use it.
LICENSE CODE
Houdini may issue a License Code or License Key to you, which you may need to activate Houdini Security Suite under the terms of the Commercial License. Houdini and its subsidiaries and distributors may link the said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Houdini.
Data Loss
The customer has to ensure that all data sets of its software solutions are backed up and archived periodically. No liability for data loss of any kind whatsoever is accepted by Houdini Ltd.
Limited Warranty and Disclaimer
Houdini Ltd provides the customer with the add-on to customers. The freedom from errors and the uninterrupted function you are not assured. Houdini Ltd excludes any warranties or representations, either express or tacit or otherwise, of.
For all damages whatsoever incurred by the customer for any reason, the entire liability of Houdini Ltd under any provision of this contract and the customer exclusive remedy is limited to quarterly subscription fee for the service.
The limited warranty and liability, warranty rights and limited liability are fundamental conditions of the contract between the Houdini Ltd and the customer. Without these restrictions, it would be impossible to offer the add-on business sense.
TERM AND TERMINATION
This Agreement is effective until terminated. Without prejudice to any other rights, Houdini may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event you must cease all use of Houdini Security Suite and destroy all copies of Houdini Security Suite that are in your possession. Inaction of Houdini to terminate this Agreement after you fail to comply with any of the terms and conditions set out in this Agreement does not imply a waiver of any kind of the rights reserved by Houdini Security Suite under this and other provisions.
REFUND POLICY
Please note that buying licensed software confirms customers’ awareness about all features and functionality of the product. The description of the product and its functionality is available on the official website (Houdini.co.uk).
If you purchased Houdini Security Suite you may obtain a refund of the purchase price a) according to the terms of REFUND POLICY, and b) if you have purchased your copy from elsewhere than the Houdini.co.uk website, forthwith return your purchased copy of Houdini Security Suite with proof of payment to the location from which it was obtained.
Houdini values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with our products and services you may request a refund.
Refunds are given in case of problems directly related to our product. If there are direct proofs of issues with our software, for example, error messages or screenshots, and these issues cannot be resolved by our customer support department, the customer has the right to receive a refund. Refunds are not given in case of general computer problems not related to our software.
In case our software has become a reason of a technical breach of your computer device, and there is enough evidence and proof on this matter, we may consider giving you a refund of the inflicted damage. After receiving a refund request concerning a technical infringement our Customer Support Agents require from 1 to 3 business days to give an initial response. After receiving all the relevant evidence and proofs our Customer Support Agents require from 1 to 10 days to process the received material and give a qualified response.
Terms and conditions of a refund vary depending on a purchased type of subscription:
A
24 (twenty-four)-month / 2 (two)-years subscription.
According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
B
12 (twelve)-month / 1 (one)-year subscription.
According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
C
6 (six)-month subscription.
According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
D
1 (one)-month subscription.
According to this type of subscription a (partial) refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
E
Definitions
E.1.
An ‘unused part of a purchased subscription license’ is a certain amount of months (days) counted out beginning from the moment you have officially requested a refund until the expiration date of the subscription. In case of a 1 (one)-month subscription the ‘unused part of a purchased subscription license’ counts if you have been using the license for over 14 (fourteen) full days. If the license has been used for less than 14 (fourteen) full days you will be granted with a full refund covering the price of a 1 (one)-month subscription license. In case of a 24 (twenty-four)-month, 12 (twelve)-month or 6 (six)-month subscription the ‘unused part of a purchased subscription license’ counts beginning from the moment you have requested a refund until the expiration date of the subscription. Terms of a 1 (one)-month subscription refund policy also apply to 24 (twenty-four)-month, 12 (twelve)- and 6 (six)-month subscriptions.
NOTE THAT: if you have made a request for a refund during but not exceeding the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription including the month of request. If you have made a request for a refund after the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription NOT including the month of request.
A request for a refund is valid only during the period of purchased 1 (one) – month, 6 (six) – month or 12 (twelve) – month subscription plan. For a 24 (twenty-four) – month subscription plan a request for a refund is valid during the first twelve months of the purchase. Refunds for licenses that have been activated or in use, for over 12 month, can not be claimed.
E.2.
‘Month of request’ is a month when the actual request for a refund is conducted.
F
The calculation of the amount of money needed for a refund is executed by our customer support department based on a specific algorithm that can be clarified with our Customer Support Agents.
Before requesting a refund, the customer must inform our customer support department of any issues that may arise in relation to our software. Refunds are given ONLY in case of contacting our support team and sending a request in written form via email. The email address where the request should be sent will be provided to you by one of our Customer Support Agents. Our customer support department is obliged to do their best to fix the problem. If they confirm that the software problem cannot be fixed, a refund will be given. The Company is not responsible for any independent actions taken by the customer or help from any third parties.
After submitting a refund request to our Customer Support Agent it will be reviewed and processed, unless a refund can not be performed due to the terms and conditions set forth herein. In this case the customer will be notified via email or phone as soon as possible.
The Company provides the customers with all possible kinds of support, including manuals, email support, phone support, live chat etc. Therefore if the customer did not follow the instructions, used incorrect setup or refused to use our customer support service, the Company has the right to decline the refund request.
If the software is purchased via the Internet, it does not include any physical storage media. If this fact is not taken into consideration, it does not entitle the user to a refund.
Inability to download the software is not an argument for the refund. The customer can have Internet or computer problems not related to our product. If the customer is unable to download the software, they must contact our customer support department.
Once the refund is given, further usage of the software becomes illegal and all granted licenses of Houdini Security Suite render null and void; therefore the customer must uninstall the program. In addition, all registration data will be immediately blocked, and the refunded customer will not be able to use the updates.
Refunds are processed from 1 to 3 weeks – the amount of time needed by the bank to process the payment.
In case of double charge due to circumstances beyond the customer’s control, and if the fact thereof is confirmed, the Company is obliged to give the refund upon the per customer’s request.
All processing fees are non-refundable.
The logics of the Refund Policy set forth in this Agreement also applies to refunding a license purchased with any type of discount.
REBILL
A Rebill is an automatic extension of a subscription based on your initial agreement to the terms and conditions set forth at the Houdini Security Suite checkout page. All details concerning the Rebill could be clarified with the Customer Support Service.
DISCOUNTS
You may be granted with a discount coupon that gives you the right to purchase a license by a lower price than the one originally announced. The coupon is valid within one time purchase of a license and is not applicable for extending the subscription.
You may also be provided with a discount given out by our Customer Support Agent. In this case, the discount is given only once and you may not submit a request for a discount again.
FORCE MAJEURE
Houdini shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Houdini’s control, including, without limitation, power failures, Internet failures, dislocating servers, DDoS attacks, Hack attacks, viruses, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
MISCELLANEOUS
Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire Agreement between you and Houdini relating to Houdini Security Suite and supersedes all prior oral or written communications and representation with respect to Houdini Security Suite or any other subject matter covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
CHANGES
AT THE TIME OF PURCHASE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE. IN CASE OF ANY MATERIAL CHANGE TO HOUDINI SECURITY SUITE HOUDINI WILL NOTIFY THE USER THROUGH AN EMAIL AND/OR THE SOFTWARE AND/OR WEBSITE.
SEVERABILITY
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of United Kingdom, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes, differences or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.
THIRD-PARTY BENEFICIARY
For all purposes of this License, each of Houdini’s third-party licensors of Houdini Security Suite shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
CONTACT US
If you have any questions, comments or suggestions, you may contact Houdini in writing at Houdini Ltd, or by contacting our Support at support@houdini.co.uk.