version April 18, 2018
These Online & Website Terms (“Terms”) apply in case where You are:
If You do not agree with any of these Terms, You are prohibited from using, downloading or accessing any Website, Customer Content and/or the Showpad Products and Services, being so made available.
In case however where You are making use of the Showpad Products and Services under a commercial agreement with Showpad (i.e. other than as a demo version or as a Prospect user), Your use of the Showpad Products and Services will be subject to the then current Showpad master subscription agreement available through http://www.showpad.com/msa, unless You or Your organisation have concluded a bespoke agreement with Showpad relating thereto.
We may change these Terms at any time, and all such changes are effective immediately upon posting a revised version of these Terms on the Website. You should review these Terms often to stay informed of changes that may affect You. Your Interactions constitute Your continuing agreement to be bound by these Terms, as they are amended from time to time.
2.1 Website License
The Website, the URL, as well as all content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Showpad and/or its content suppliers and is protected by applicable copyright laws.
Any Showpad graphics, identifiers, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Showpad. All other trademarks not owned by Showpad that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Showpad.
Where visiting the Website, Showpad grants you during Your visit, a limited license to access and make personal use of the Website, the URL, as well as all content included on the Website as offered to You by Showpad.
2.2 Demo License Showpad Products and Services (“Demo License”)
In case where Showpad is offering You access to the demo version of the Showpad Products and Services, subject to ongoing compliance with these Terms, Showpad grants You a non-exclusive and non-transferable license to permit the users as authorised by You (“Authorised Users”) to access, install, implement, and use the Showpad Products and Services and Documentation during the limited time as allowed by Showpad and under the conditions and restrictions as determined by the Showpad Products and Services, including in respect of the number of Authorised Users allocated by Showpad, for Your organisations’ beneficial business purposes only.
Customer agrees to: (i) supervise and monitor Authorized Users’ use of the Showpad Products and Services, (ii) promptly report to Showpad any violation of the Agreement by its Authorized Users, (iii) immediately disable access or any Authorized User violating the Agreement, and (iv) ensure that no false or misleading Personal Data is used to create user accounts.
These Terms do not govern Your use of Third-Party Products used by You in connection with the Showpad Products and Services. Third-Party Products are governed solely by the terms and conditions between You or Your Organisation, and the Third-Party Product owner. Showpad does not make any commitments or claims regarding security, confidentiality, or performance of a Third-Party Products, and specifically disclaims any liability regarding Third-Party Products.
The Showpad privacy principles available through http://www.showpad.com/privacy shall apply to this Demo License.
2.3 Prospect license
In case where the Authorised User is offering You access to certain Customer Content, You (as a “Prospect”, i.e. someone receiving specific information from the Authorised User in respect of a potential business transaction to be negotiated/concluded with the Authorised User) shall i) respect the limits within which the Customer Content has been made available to You by the Showpad Customer , and ii) be allowed to use the Showpad Products and Services only in order to get access to the Customer Content as made available to You by the Showpad Customer.
2.4 License restrictions
Except with express written consent of Showpad, You shall not:
The license granted shall automatically terminate after the time for which they are granted, if You violate these Terms and/or any of these restrictions, and/or may be terminated for convenience at any time, whichever is first. Showpad reserves all rights of action to seek for compensation and/or injunction.
3. Acceptable Use Policy
Any use of the Showpad Products and Services as allowed under section 2.b or 2.c of these Terms, is subject to You not: (i) using the Showpad Products and Services in violation of any applicable law or regulation (including fraudulent and misleading activity or sending unsolicited mass email); (ii) using the Showpad Products and Services in a manner that would cause a material risk to the security or operations of Showpad or any of its other customers; (iii) disassemble, reverse compile, or reverse engineer the Showpad Products and Services; (iv) redistribute, republish, sell, rent, lease, host, or sub-license the Showpad Products and Services, including permitting the use of the Showpad Products and Services on a time-sharing basis, as part of a hosted service, or on behalf of any third party; (v) removing, obscuring, or altering any proprietary notices associated with the Showpad Products and Services; or (vi) circumventing or disabling any security or other technological features or measures of the Showpad Products and Services, or attempting to probe, scan or test the vulnerability of a network or system, or to breach security or authentication measures.
The Website, Showpad Products and Services, and/or the Customer Content may include links to World Wide Websites or resources for User convenience which are not created or controlled by Showpad. (“Linked sites”). Showpad does not endorse or accept responsibility for any such Linked site or resource User may access. Linked sites are wholly independent from Showpad; as a result, use of any such Linked Sites is at the Your sole risk.
NOTWITHSTANDING ANY OTHER TERMS, ANY LICENSE GRANTED UNDER THESE LCIENSE TERMS, AS WELL AS THE WEBSITE AND THE SHOWPAD PRODUCTS AND SERVICES, ARE PROVIDED ON AN ”AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLICIT OR EXPLICIT WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), AND WITHOUT ANY LIABILITIES TO SHOWPAD WHATSOEVER (DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), UNDER ANY THEORY OF LAW EVEN IF SHOWPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISIDCTIONS WHERE SHOWPAD’s LIABILITY CANNOT BE EXCLUDED, SHOWPAD’s LIABILITY SHALL BE LIMITED TO AN AMOUNT OF FIFTY (50,00) EURO IN THE AGREGATE (OR TO THE MAXIMUM EXTENT PERMITTED BY LAW WHERE NO FURTHER EXCLUSION IS LEGALLY ALLOWED). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WEBSITE OR THE SHOWPAD PRODUCTS AND SERVICES FAIL THEIR ESSENTIAL PURPOSE.
SHOWPAD DOES NOT MAKE ANY WARRANTY (EXPLICITLY OR IMPLICITLY) IN RESEPCT OF CUSTOMER CONTENT.
These Terms are offered under the laws of Belgium. The Courts of Ghent, Belgium shall have sole jurisdiction