THIS IS A LICENSE AGREEMENT FOR THE FOLLOWING SOFTWARE PRODUCT:
LINC EXTENSIONS FOR MICROSOFT DYNAMICS 365 BUSINESS CENTRAL (ALSO FOR OLDER VERSIONS KNOWN AS MICROSOFT DYNAMICS NAV)
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This SOFTWARE PRODUCT is licensed, not sold.
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Linc Communications (Pty) Ltd. (a Registered Company in South Africa, Registration No. 1969/011560/07, herein referred to as “LINC”) with regard to the copyrighted Software (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) specified in this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any “online” or electronic documentation. Use of any software and related documentation provided to you by LINC in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy, connect to or otherwise use the SOFTWARE. By installing, copying, connecting to or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, LINC is unwilling to license the SOFTWARE PRODUCT to you.
LINC grants to you a personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE referred to in this EULA. You agree you will not copy the SOFTWARE. You agree that you may not copy the written materials accompanying the SOFTWARE. Modifying, translating, renting, copying, transferring or assigning all or part of the SOFTWARE, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the SOFTWARE is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the SOFTWARE. You may not transfer this SOFTWARE.
The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of LINC and/or its suppliers, and you will not acquire any rights to the SOFTWARE, except as expressly set forth above. All copies of the SOFTWARE will contain the same proprietary notices as contained in or on the SOFTWARE. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by LINC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees, contractors and any other associates from attempting to reverse compile, modify, translate or disassemble the SOFTWARE in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to LINC.
The SOFTWARE is provided “AS IS” without warranty of any kind. LINC and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the SOFTWARE is with you. Neither LINC nor its suppliers warrant that the functions contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. LINC IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
LINC’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the SOFTWARE, if any. In no event shall LINC or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if LINC or its supplier has been advised of the possibility of such damages, or any claim by a third party.
You may not loan, rent, or lease the SOFTWARE to any other party.
In no event shall LINC or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this SOFTWARE PRODUCT, even if LINC has been advised of the possibility of such damages.
If you distribute the SOFTWARE in violation of this Agreement, you agree to indemnify, hold harmless and defend LINC and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the SOFTWARE in violation of this Agreement.
The Microsoft Software License Terms govern your licensed use of Microsoft Dynamics 365 Business Central, including the part of Microsoft Dynamics 365 Business Central which enables the SOFTWARE to function with Microsoft Dynamics 365 Business Central, but not the SOFTWARE itself. Microsoft is not responsible for the SOFTWARE or any effect it may have on the functionality of Microsoft Dynamics 365 Business Central and/or accompanying software documentation for Microsoft Dynamics 365 Business Central. In the event of a breach of this Agreement or where LINC can no longer provide appropriate support services to you for any reason, you will not have the right to receive copies of the SOFTWARE and/or materials necessary to support the SOFTWARE. Microsoft will be a third party beneficiary of this Agreement with respect to the matters in this clause and Microsoft will have the right to enforce this clause of the Agreement with you and verify your compliance of it.
This Agreement and the Software Licence are effective until terminated. This Agreement and the Software Licence will terminate immediately if you fail to comply with any term or condition of this Agreement including, without limitation, failure to pay any sum owing to LINC in respect of the licensing of the SOFTWARE PRODUCT. Upon such termination you agree, with immediate effect, to (a) cease using the SOFTWARE, (b) de-install the SOFTWARE from your workstations and servers and (c) (if applicable) destroy or return the CD (or other storage media) containing the SOFTWARE. The provisions of Clauses 2, 3, 4, 5, 6, 7, 8, 9 and this Clause 10 shall survive termination of this Agreement and the Software Licence, however and whenever occurring.
The headings of the clauses in this Agreement are for convenience only and do not affect the interpretation of this Agreement. Any notice to be given by one party to the other shall be given in writing and shall be properly served if sent by pre-paid postage to the registered office or last known business address of the party to be served and shall be deemed to have been received on the 15th business day after posting or on the 30th business day if delivered internationally. No waiver by LINC of any breach of this Agreement by you shall be considered as a waiver of any subsequent breach of the same or any other provision. This Agreement sets forth the entire understanding and agreement between you and LINC and supersedes all prior agreements, whether written or oral, with respect to the SOFTWARE, and may be amended only in writing, signed by you and LINC. This Agreement shall be construed in accordance with South African Law and the South African Courts shall have exclusive jurisdiction in any dispute relating to this Agreement, save that LINC may, at its discretion, bring any proceedings against you in the courts of any other country where the remedies sought through such proceedings include injunctive relief. If any part of this Agreement shall be or become invalid or unenforceable in any way and to any extent by any existing or future rule of law, order, statute or regulation applicable thereto, then the same shall to the extent of such invalidity or unenforceability be deemed to have been deleted from this Agreement which shall remain in full force and effect as regards all other provisions.
(Linc Communications (Pty) Ltd. is a Registered Company in South Africa, Registration No. 1969/011560/07)
P.O. Box 2819, Clareinch, 7740
Fifth Floor, Gihon Building, Sportica Crescent, Bellville Park,
Tygervalley, 7530, Cape Town, South Africa
Telephone: 086 000 5462
Fax: 086 265 1428