Re-Sale of Third Party Software Licenses Terms and Conditions
Effective from 1. December, 2022
Subject to these Re-Sale of Third Party Software Licenses Terms and Conditions (“Terms and Conditions”), the customer (“Customer”) hereby purchases licenses (”Licenses”) required to use third party software products (”Products”) from Eficode (“Supplier”). The Products are listed in the offer (“Offer”) provided to the Customer by the Supplier
1. Terms and Conditions
These Terms and Conditions are effective as of the date the Customer provides acceptance to the Offer. The sale is final on the date of purchase with no possibility to return or refund the Licenses.
All Products are proprietary licensed products of a third party. The right to use the Products is subject to Customer acceptance of the licensor terms of service listed in chapter 2. “Licenses”.
These Terms and Conditions take priority over any and all other agreements, correspondence, discussions or covenants between the Customer and the Supplier regarding the sale of third party Licenses.
The acceptance of the third party License Terms forms an agreement between the third party licensor and the Customer. The Supplier has no authority to amend, waiver or otherwise change or negotiate any terms of any third party License Terms, and is not a party to any agreement between the Customer and the licensor.
The third party License Terms for the Products listed in the Offer are available at:
- Atlassian Cloud Terms of Service
- Atlassian Software License Agreement
- Atlassian Product-Specific Terms
- JFrog License Agreement and Terms of Service
- Perforce License Agreements
- GitHub Terms of Service
- SonarSource Terms and Conditions
- HashiCorp Legal
- Sonatype Terms of Service
- Snyk Terms of Service
- iText End User License Agreement
- Secure Code Warrior Terms & Conditions
- Microsoft Product Terms
- Microsoft SLA
- Microsoft DPA
- Microsoft Customer Agreement (MCA)
3. Invoicing and Payment Terms
The total sum of all Products listed in the Offer shall be invoiced on the date of the purchase following a payment term specified in the Offer.
The prices shall be in the United States Dollar (USD) unless otherwise indicated in the Offer.
If the prices in the Offer are in any other currency than USD, Nordea bank’s latest published exchange rate at the date of purchase of the currency by the Supplier shall be used for the conversion of currency. Therefore the prices in the Offer are estimated prices in local currency on the date of the Offer, and may not be the exact final prices of the Licenses.
The prices do not include value added tax (VAT).
The Supplier is not responsible for the maintenance or support of the Products unless the Customer purchases such services from the Supplier with a separate agreement.
5. Warranty and Disclaimer
The Supplier represents and warrants that it is an authorized reseller of the third party Products listed in the Offer.
The Supplier disclaims all liability for any third party Products. The Supplier is not the developer of any third party Products, and shall not be responsible for the suitability for purpose, availability, quality, future functionality or any other feature of any third party software Products purchased by the Customer.
Due to possible third party pricing adjustments, the Supplier has no obligation to deliver third party Licenses if the quote that the Supplier has received from the third party licensor is no longer valid.
6. Personal Data
7. Force Majeure
Neither party shall be liable for any failure in performance of these Terms and Conditions which is caused by circumstances outside of reasonable control of a party.
In no event shall the Supplier be liable for any direct, indirect, incidental, special, consequential, punitive or tort damages of any nature or kind in connection with or arising out of the Customer’s use or performance of the Products, even if the Supplier has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, the Supplier’s aggregate liability relating to or arising from these Terms and Conditions shall at all times be limited to one thousand Euros (1.000 EUR).