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License Terms



1 Cognitive Compute 365 LLC PRODUCTS

1.1 This document is an end user license agreement between Cognitive Compute 365 LLC and you.

In accordance with the terms stated in this agreement, Cognitive Compute 365 LLC shall provide you with a limited right to use the product from Cognitive Compute 365 LLC (in the following referred to as the SOFTWARE product).



2.1 The SOFTWARE product is protected by the Copyright Act and international copyright agreements and other applicable law regarding right of ownership and copyright.


2.2 Cognitive Compute 365 LLC shall have full copyright of the SOFTWARE product and all copies hereof. You shall only own the media on which the SOFTWARE product is provided.


2.3 You are not entitled to change or remove any marks and notices concerning rights, trademarks etc. placed on or implemented in the SOFTWARE product (including any and all copies hereof).



3.1 You are hereby granted a limited, non-exclusive and non-transferable right to use the SOFTWARE product for your own personal use. If you are a legal entity, the SOFTWARE product may be used by your employees and other authorized persons and external consultant working for you; and you are responsible for their compliance of the terms stated herein.


3.2 Your license and your right to use the SOFTWARE product is limited to the existing product, the number of concurrent users, the versions, the number of concurrent servers, platform (operating system) versions and the part of the SOFTWARE product you have purchased the license for.



4.1 You are entitled to modify the SOFTWARE product, but only if you have purchased a license for the facilities and functions in the SOFTWARE product that render possible such modifications.



5.1 You are only entitled to copy the SOFTWARE product in connection with backup and installation.


5.2 One backup copy and the installation copy may be used at the same time as the original copy of the SOFTWARE product.


5.3 If your rights to the original copy should expire, you are obliged to destroy the backup copy and installation copy immediately.



6.1 You are not entitled to decode the SOFTWARE product or in any other way try to access the source code or the setup and composition of the SOFTWARE product, except to the extent which is specifically allowed according to the US laws relevant to software products.


6.2 You are not entitled to sell, transfer, distribute, license, let out, lease, lend or in any other way transfer the SOFTWARE product or any of the rights provided herein to any third party without the prior written approval from Cognitive Compute 365 LLC.


6.3 You are not entitled to grant any third party access to or let them use the SOFTWARE product.



7.1 Cognitive Compute 365 LLC warrants (a) that the SOFTWARE product will generally work in accordance with the enclosed user documentation for a period of 90 days from the date of the receipt; and (b) that all SOFTWARE products will be free of defects in manufacture and materials during normal use of the software for a period of one (1) year from the date of the receipt.


7.2 The overall product liability of Cognitive Compute 365 LLC and your exclusive right to compensation shall at Cognitive Compute 365 LLC’ option be either (a) to return the amount paid for the SOFTWARE product or (b) to repair or replace the SOFTWARE products, which do not comply with the limited warranty and which are returned to Cognitive Compute 365 LLC with a copy of your receipt. The limited warranty shall become void if the defects in the SOFTWARE product are caused by breakdown, abuse or incorrect use. In case of compensation of the SOFTWARE product, the warranty shall continue for the original warranty period or for 30 days, whichever is longer.



8.1 You shall be solely responsible for the choice, installation and use of the SOFTWARE product and the results of the use of the SOFTWARE product.


8.2 Cognitive Compute 365 LLC disclaims all other warranties, whether express or implied, in relation to the SOFTWARE product.


8.3 Cognitive Compute 365 LLC and our suppliers shall not be held liable for any damages (including, without limitation, damages for loss of business profits, business interruptions, loss of business data and information or other financial losses) arising out of the use or inability to use the SOFTWARE product even if Cognitive Compute 365 LLC has been notified of the possibility of such damages. Cognitive Compute 365 LLC’ entire liability under this license agreement shall at all events be limited to the actual amount you have paid for the SOFTWARE product.



9.1 The upgrade agreement may be revoked by Cognitive Compute 365 LLC at any time at 2 months’ notice by the end of the calendar year.


9.2 This upgrade agreement shall expire automatically if the license agreement expires.


9.3 Cognitive Compute 365 LLC shall automatically provide all upgrades for software, which you are licensed for and which is released at a time when you have a valid upgrade agreement. These upgrades are provided by Cognitive Compute 365 LLC.


9.4 The upgraded software will contain modifications and improvements, which are performed by Cognitive Compute 365 LLC and which may include modifications that: Affect amendments to the legislation or keep the software up to date with the general technological development and the end-users’ common software requirements or in other ways are deemed necessary by Cognitive Compute 365 LLC.


9.5 Cognitive Compute 365 LLC will attempt to meet and consider the general requirements of the end-users and customers. But Cognitive Compute 365 LLC solely decides The content of the upgrades, where and when these upgrades are released.


9.6 The upgraded software will be supplied in the same way as Cognitive Compute 365 LLC usually supplies products to the end-users. It shall therefore be the sole responsibility of all end users – and thereby you, to: Estimate and decide whether you wish to deploy and implement the upgraded versions. Install and implement the upgraded versions. Operate the upgraded versions.


9.7 The upgraded software versions are covered and regulated by the license agreement.


9.8 The upgraded versions, which you are entitled to receive, will be the modules, versions and parts of the software you are licensed for. If you extend your software license to cover additional functionality, this upgrade agreement shall automatically cover this new functionality.


9.9 The upgrade agreement cannot be handed over without the prior written acceptance from Cognitive Compute 365 LLC.


9.10 The upgrade charge, which appears from Cognitive Compute 365 LLC’s current price list, shall be payable once a year. First time when the software is purchased.



10.1 In the event of your breach of this license agreement, Cognitive Compute 365 LLC is entitled to terminate this license agreement with immediate effect.


10.2 You are entitled to terminate this license agreement at any time by notifying Cognitive Compute 365 LLC about your decision in writing.


10.3 Upon termination, you shall immediately and without compensation return the SOFTWARE product, including all backup copies hereof, to Cognitive Compute 365 LLC.



11.1 This license agreement shall be governed by Virginia law.


11.2 All disputes, which may arise out of this license agreement, shall be finally resolved by means of arbitration in accordance with the International Arbitration Rules of the United States Commercial Arbitration Centre. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Loudoun county Virginia USA. The language to be used in the arbitral proceedings shall be English


12.1 By ordering the SOFTWARE product, you have agreed to these license terms with the same date as the agreement date.

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