Terms of Service / Online Free Trial
This Terms of Service / End-User License Agreement (“Agreement”) is a legal contract between Tarius A/S ("Tarius"), a Danish corporation headquartered at Kobmagergade 3, DK 1150 Copenhagen, Denmark, and you ("you" or "user"). The Agreement states the terms and conditions that govern your use of the free trial of Tarius’ online web portal services (“Services”). By continuing to access and/or use Services from Tarius, you signify your acceptance of the Agreement and bound yourself by its provisions as outlined herein. If, at any time, you do not wish to accept this Agreement, you should terminate any use of the Services.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY. BY USING THE ONLINE TRIAL OR CLICKING “I ACCEPT”, YOU ARE AGREEING TO ALL OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT,” AND DO NOT USE THE ONLINE TRIAL.
1. Trial Period. This Agreement starts once you are granted access to the Services and will terminate at the end of the agreed trial period unless ended earlier by either you or Tarius as described in Section I below (the “Trial Period”). If you would like to use the Services after the Trial Period, you must purchase such access from Tarius under a separate contract.
2. Rights Granted. For the duration of the Trial Period, you have the nonexclusive, nontransferable, non-assignable, limited access to the Services, subject to the terms of this agreement, and solely for your internal business purposes. At the end of the Trial Period, your right to access or use the Services ends as well.
3. Ownership. Services and materials provided by them, including all text and other content therein, is the property of Tarius or its suppliers, and is protected by copyright and other intellectual property laws. Except for the rights expressly granted by this Agreement, it transfers to you no right, title, or interest in Services or materials provided by them or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. Tarius or its suppliers retain sole and exclusive title to all portions of Services and materials provided by them and any copies thereof.
4. Restrictions and limitations. You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following (except as permitted by this Agreement):
- Make Services accessible to any more users or to the public, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use Services;
- Use Service for any illegal purpose or in any manner inconsistent with this Agreement;
- Access or attempt to access any other Tarius systems or data that are not made available for you under this Agreement;
- Use, copy, adapt, translate, modify, sell, distribute, or otherwise create derivative databases, services or works of or based on the materials provided by Services;
- Decompile, disassemble, or reverse engineer software behind Services in whole or in part;
- Sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of Services or rights granted to you by this Agreement;
- Use any of the trademarks, trade names, service marks, copyrights, or logos of Tarius in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Tarius’ consent, and you acknowledge that you have no ownership rights in and to any of such items.
5. Disclaimers and Exclusion of Warranties. Services are provided on an "as-is" and "as available" basis and, to the maximum extent permitted by applicable law, Tarius disclaims all guarantees and warranties, express, implied or statutory, regarding Services, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Tarius does not warrant that Services are secure or free from bugs, interruption, errors, identity theft, threat of hackers, other program limitations, or that Services will meet your requirements. Services are designed to operate and provide information with the understanding that Tarius is not engaged in rendering legal, accounting, consulting or other professional service. If legal advice or other expert assistance is required, the service of a competent professional should be sought. Tarius expressly disclaims any representations or warranties that your use of Services will satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or regulations.
6. User Accounts. You may not share your password(s), account information, or access to the Services. You are responsible for all activities that occur under your password or account, and agree to notify Tarius immediately of any unauthorized use. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Portal.
7. Information Collection and Use. While using the Services, you provide Tarius with certain personal information that can be used to identify you. Personally identifiable information may include, but is not limited to, your name and email address ("Personal Information"). Tarius uses the Personal Information for providing access for you to the Services. Tarius collects analytics information that your browser sends whenever you use the Services ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type and version, browsing activity, the time and date of the visits and other statistics. In addition, Tarius may use third party services such as Google Analytics that collect, monitor and analyze the Log Data based on cookies sent to your browser from the Services. Tarius will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of all Personal Information. Tarius will not disclose, share or sell any Personal Information to any other organizations for marketing, market research or commercial purposes.
8. Support Services. The online trial provides an opportunity for potential Tarius clients to experience the Services before purchasing a subscription. The trial is provided as a convenience and you agree that Tarius is not obligated to provide any technical support or editorial support for the content accessed via the Services.
9. End of Agreement. Access to Services under this Agreement shall be provided for the Trial Period unless terminated earlier in accordance with this Agreement. At the end of the Trial Period, all rights to access or use the Services shall end. You may discontinue your use of the Services at any time upon notice to Tarius. Tarius may terminate your password, account, and access to or use of the Services at any time for any reason with or without notice to you. Provisions that survive termination or expiration of this agreement are those, which by their nature are intended to survive.
10. Fees and Taxes. Access to Services under this Agreement is provided to you free of charge during the Trial Period.
11. Limitation of Liability. IN NO EVENT SHALL TARIUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, DATA, OR DATA USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, EVEN IF TARIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TARIUS’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE THOUSAND UNITED STATES DOLLARS ($1,000.00).
12. Legal issues. Any disputes arising in connection with, or arising out of the existence, validity, interpretation, performance and/or termination of the Agreement shall be settled amicably. The provisions of the United Nations Convention on the International Sale of Goods shall not apply.
13. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. Any notice, demand or request required or permitted to be given under the provisions of this Agreement shall be in writing and delivered personally or by registered or certified mail, return receipt requested, with postage prepaid and addressed to the persons and addresses specified by parties.
14. Corporate information: Tarius A/S is a privately owned company headquartered at Kobmagergade 3, 1150 Copenhagen, Denmark. Our company website is www.tarius.com. The CVR-number and VAT-number is DK 3325 1491. Tarius can be contacted via email at firstname.lastname@example.org or via phone at +45 7211 2124.
15. Changes to Terms and Conditions: These terms and conditions are published on March 1, 2017.