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End User License Agreement

This is the End User License Agreement between You and MobieTrain, a limited liability company (naamloze vennootschap) having its registered office at CMINE 12, 3600 Genk (Belgium), KBO-n° 0847 610 843 (“MobieTrain”) and governs your Use of MobieTrain Software.  “You” and “Your” means the individual or legal entity licensing the Software under this EULA. “Use” or “Using” means downloading, installing, activating, accessing, or otherwise using the Software. “Software” means the MobieTrain computer programs and any upgrades made available to you by an approved source licensed by MobieTrain. “Documentation” is the MobieTrain user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source. “Approved Source” means (i) MobieTrain or (ii) the MobieTrain authorized reseller, distributor or systems integrator from whom you acquired the Software.  “Entitlement” means the license details, including license metric, duration, and quantity provided in a product ID (PID) published on MobieTrain’s price list, claim certificate, or right-to-use notification.  “Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof. This agreement, supplemental license terms, and specific product terms agreed upon (collectively, the “EULA”) govern Your Use of the Software.

Article 1: Acceptance of Terms

By using the Software, You agree to be bound by the terms of the End User License Agreement. If you enter this EULA on behalf of an entity, you represent that you have the authority to bind that entity. If you do not have such authority or you do not agree to the terms of the EULA, neither you nor the entity may Use the Software, and it may be returned to the Approved Source for a refund within thirty (30) days of the date you acquired the Software or MobieTrain product. Your right to return and refund applies only if you are the original end-user licensee of the Software.

Article 2: License

Subject to payment of the applicable fees and compliance with this EULA, MobieTrain grants You a limited, non-exclusive and non-transferable license to Use object code versions of the Software and the Documentation solely for Your internal operations and under the Entitlement and the Documentation. MobieTrain licenses You the right to Use only the Software You acquire from an Approved Source. If MobieTrain requires You to register as an end user, Your license is valid only if the registration is complete and accurate.

If the Software is licensed for a specified term, Your license is valid solely for the applicable term in the Entitlement.  Your right to Use the Software begins on the date the Software is made available for download or installation. It continues until the end of the specified term unless otherwise terminated under this EULA.

Article 3: Evaluation License

If You license the Software or receive MobieTrain product(s) for evaluation purposes or other limited, temporary use as authorized by MobieTrain (“Evaluation Product”), Your Use of the Evaluation Product is only permitted for the period limited by the license key or otherwise stated by MobieTrain in writing. If no evaluation period is identified by the license key or in writing, then the evaluation license is valid for thirty (30) days from the date the Software or MobieTrain product is made available to You. The Evaluation Product is licensed “AS-IS” without support or warranty of any kind, expressed or implied. MobieTrain does not assume any liability arising from any use of the Evaluation Product. You may not publish any results of benchmark tests run on the Evaluation Product without obtaining written approval from MobieTrain. You authorize MobieTrain to use any feedback or ideas you provide MobieTrain with in connection with your use of the evaluation product. 

Article 4: Ownership

MobieTrain or its licensors retain ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Software are limited to those expressly granted by this EULA.  No other rights with respect to the Software or any related intellectual property rights are granted or implied.

Article 5: Limitations and Restrictions

You will not and will not allow a third party to:

a)   transfer, sublicense, or assign Your rights under this license to any other person or entity, unless expressly authorized by MobieTrain in writing;

b)   modify, adapt or create derivative works of the Software or Documentation;

c)    reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software;

d)   make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by MobieTrain in writing;

e)   Use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by MobieTrain in writing;

f)    remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software

Article 6: Third-Party Use of Software.

You may permit a third party to Use the Software licensed to You under this End User License Agreement if such Use is solely (i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party.

Article 7: Limited Warranty and Disclaimer

7.1 Limited Warranty

MobieTrain warrants that the Software will substantially conform to the applicable Documentation for the longer of (i) ninety (90) days following the date the Software is made available to You for your Use. This warranty does not apply if the Software, MobieTrain product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by MobieTrain or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by MobieTrain, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. MobieTrain will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Your data.

7.2 Exclusive Remedy

At MobieTrain’s option and expense, MobieTrain shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the warranty period. The Approved Source may ask You to return the Software, the MobieTrain product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.

7.3 Disclaimer

Except as expressly set forth above, MobieTrain and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. MobieTrain does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, MobieTrain does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Article 8: Limitations and Exclusions of Liability.

In no event will MobieTrain or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of MobieTrain, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively to You, whether based on warranty, contract, tort (including negligence) or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this End User License Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.

Article 9: Upgrades and Additional Copies of Software

Notwithstanding any other provision of this EULA, You are not permitted to Use Upgrades unless You, at the time of acquiring such Upgrade:

a)   already hold a valid license to the original version of the Software, comply with such license, and have paid the applicable fee for the Upgrade; and

b)   limit Your Use of Upgrades or copies to devices You own or lease and

c)    unless otherwise provided in the Documentation, make and Use additional copies solely for backup purposes, where the backup is limited to archiving for restoration purposes.

Article 10: Term and Termination

This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term as provided in the agreement with the Approved Source. This EULA will immediately terminate if you breach its terms or fail to pay any portion of the applicable license fees and cure that payment breach within thirty (30) days of notice. Upon termination of this EULA, You shall destroy all copies of Software in Your possession or control.

Article 11: Transferability

You may not transfer or assign these license rights to another person or entity unless agreed otherwise in writing.

Article 12: Export

MobieTrain Software, products, technology and services are subject to local and extraterritorial export control laws and regulations. You and MobieTrain will comply with laws and regulations governing the use, export, re-export, and transfer of Software, products and technology. They will obtain all required local and extraterritorial authorizations, permits or licenses.

Article 13: Survival

Sections 4, 5, the warranty limitation in 7(a), 7(b), 7(c), 8, 10, 12, 13-16 shall survive termination or expiration of this EULA.

Article 14: Severability

If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement, and all other provisions should continue in full force and effect as valid and enforceable. 

Article 15: Waiver 

The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 

Article 16: Data Protection

In the present End User License Agreement framework, each Party may obtain Personal Data from the other Party, such as contact information and details of professional experience and activities. In this regard, each of the Parties, in its capacity as data controller, shall comply with its obligations arising from applicable law, including the Belgian law on the protection of individuals concerning the processing of personal data of July 30th 2018 (the “law”) and the General Data Protection Regulation (“GDPR”). Where MobieTrain processes such Personal Data, these shall be processed for the purposes of performing the present EULA and, more generally, to plan, administer and manage the business activities of any company in the MobieTrain group and, where appropriate, to engage the consultant/independent in these activities. For the same purposes, these personal data may be shared with other companies in the MobieTrain group anywhere in the world. These may include affiliated companies and third-party suppliers located outside the European Economic Area, in countries which do not offer a level of protection of personal data comparable to that provided under the GDPR. In such a scenario, MobieTrain shall ensure that sufficient safeguards are put into place in order to protect the personal data through any means deemed adequate. Each individual whose personal data are processed shall have the right to access and rectify his/her personal data in the event of inaccuracies, as well as the right to erasure and processing restrictions in certain cases, the right to copy or transfer data, the right to object and to lodge a complaint with the Data Protection Authority. About personal data processed by MobieTrain, these rights can be exercised via the e-mail address   In the event of requests in accordance with this paragraph, the processor shall, in any case, provide assistance to the data controller to meet these requests.

Article 17: Cookies

We use cookies to analyze our traffic, and enhance our platform and the user experience. By registering to and using our application, you consent to our use of cookies.

Article 18: Governing Law and Jurisdiction

The Parties agree that this EULA shall be governed by Belgian Law.

Any controversy or claim between the Parties arising out of or related to this EULA that they have been unable to resolve by negotiation shall be subject to the exclusive jurisdiction of the competent courts of Antwerp (Belgium). The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. Regardless of the above governing law, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party’s intellectual property or proprietary rights.