Nebulus Matrix – CPP – Terms of Use

29.1. Should the Specific Conditions foresee this explicitly, Codit grants the Customer a revocable, non-exclusive, and non-transferable right to the software (hereafter the “License”) specified in the Specific Conditions.

29.2. In no event may the Customer refer to the License outside his statutory commercial activity. Practically, the Customer is not allowed to make any use or to perform any act which is not explicitly foreseen in favor of the user by the law of June 14, 1994 on the transposition in Belgian law of the European directive of May 11, 1999 concerning the legal protection of software nor can make any use or to perform any let which is not explicitly permitted by the Agreement, among other things:

• Making permanent or temporary, entire or partial, illegal reproductions of the software by any means or under whatever form;
• Correcting eventual incidents concerning this software or having such incidents corrected by a third Party without the prior written consent of Codit, even if this correction is necessary to allow the Customer to use this software according to its destination;
• Proceeding to transmit or distribute the software, put the software on line, for instance on the internet or communicate the software in whatever way and under whatever form to the public.
• Reverse engineering the software, even for reasons of compatibility without prior informing Codit of his intentions and without having obtained its explicit consent;
• Translating, manipulating, arranging, modifying the software or making the software evolve without the prior written consent of Codit even if these acts are necessary to allow the Customer to use the software according to its destination;
• Any form of distribution, herein comprised the renting or lending of the software;
• Commercializing the software or any other software based on the software.

29.3. The License is non-transferable and may not form the object of an under license. The Customer may in no event give or cede a part of the License or the entire License to a third Party.

29.4. The License is non-exclusive. Codit can freely decide to grant the intellectual property rights about the software to third Parties.

Under reservation of a different provision in the Specific Conditions, the Customer has no access to the source codes.

In the event of problems of interoperability between the software and other software of the Customer (compatibility), Codit undertakes to remedy this at first request and according to the effective tariff for the Services of Maintenance.

31.1. Codit retains all intellectual property rights on the software developed by Codit as well as on all the elements notwithstanding their nature or form (in a non-exhaustive way: source codes, page, NL in HTML, image files, sounds, videos, software, etc) introduced by Codit during the performance of the Services.

31.2. Codit guarantees that the software is not encumbered with any intellectual property rights for the benefit of a third Party and does not form the object of any revindication by a third Party.

31.3. The Customer can in no event draw any intellectual property right of any nature from the Agreement or its performance, on the software or on the system software, on the know how applicable thereto, other than in such case the License as defined in article 29.

31.4. Should the License violate a third Party’s intellectual property rights, Codit undertakes to do one of the following:

Because such an obligation would only exist if the Customer has not, by some actions or omissions, caused the violation by the software of the intellectual property rights of the third Party and also taking into account the fact that if Codit, for whatever reason, could not do one of the aforementioned things, Codit may terminate the Agreement with immediate effect, automatically and without prior judicial interference by means of a registered letter to the Customer.

32.1. The Trial License becomes effective on the date of her signing and is concluded for a determined duration of 30 days.

32.2. The Trial License is granted with the sole purpose the performance of the Agreement. By consequence, the License will be revoked automatically and without prior injunction as from the moment on which the Agreement, for whatever reason of whatever nature, can no longer be performed. In such case, the Customer returns to Codit the software as well as all documentation applicable thereto, and this according to the articles 7.5. And 33.

32.3. The License is supposed to be granted on a non-exclusive, revocable and non-transferable way for a duration equal to the duration of the Agreement. The Agreement will not be extended automatically.

33.1. In the hypothesis that the Agreement terminates for whatever reason, the Customer returns to Codit the software he has in his possession as well as all documents applicable thereto, and this notwithstanding any different provision and even in the event of bankruptcy of the Customer.

33.2. Any violation of the provisions foreseen in this article gives right to the payment by the Customer of a fixed amount of twenty thousand euros (20.000 euros) by means of indemnity, because if the actual damages suffered by Codit are higher than aforementioned fixed amount, the Customer has the obligation to compensate Codit for the amount of the actual suffered damages.