Access to DataProd application is granted by Aeropack SA Liège Belgium, its subsidiaries (hereinafter known collectively as DataProd) subject to the following terms and conditions.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DataProd. BY ACCEPTING THIS DOCUMENT AND CONNECTING, YOU ARE REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND YOURSELF AND/OR YOUR COMPANY TO THIS AGREEMENT.
If you do not agree, you may decline this Agreement by not signing in.
“Agreement” means these terms and conditions together with all applicable policies, procedures and/or guidelines
“DataProd”, ‘we’ or ‘us’ means DataProd SA. “DataProd Soft” is a set of services and applications that enables the collection of data on manufacturing lines and additionnal data, the storage and the reporting of those informations.
The term “DataProd Soft” includes any data, images, text, and content, APIs, webpage, tools or other information or materials provided by DataProd through or in DataProd Soft including test applications, services, and features.
This Agreement applies to all DataProd Soft or customer support packages that you sign up for.
You may use the DataProd Soft in accordance with the terms and conditions described in this Agreement.
GENERAL
You may use DataProd Soft to store, process and retrieve data. You acknowledge that neither DataProd nor its affiliates are responsible in any manner, and you are solely responsible, for your data. While we may track information regarding your usage of DataProd Soft, we will not disclose, sell or license your data, except as may be necessary to comply with subpoenas, court orders, or other legal requirements.
You are responsible for complying, and you represent, warrant and covenant that you will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You may not, and represent, warrant and covenant that you will not, nor will you allow or enable any third party to, use DataProd Soft : (i) in a manner that infringes, violates or misappropriates any third party’s intellectual property rights; (ii) to engage in spamming or other impermissible advertising or marketing activities, or in any manner that otherwise violates anti-spamming laws and regulations; (iii) in a way that is otherwise illegal or promotes illegal activities, including without limitation in any manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age. You further represent and warrant that your data is not obscene, libelous, defamatory or otherwise malicious or harmful to any person or entity
You may not, nor will you allow or enable any third party to, interfere or attempt to interfere in any manner with the functionality or proper working of DataProd Soft.
If your use of DataProd Soft is not in accordance with this agreement, we may suspend your access to DataProd Soft, without notice.
SERVICE FEES
DataProd currently charges for Services at rates discussed outside this agreement. In consideration of your use of the Services, you agree to pay the required amount. In case of non payment of those amount, DataProd may suspend your access to DataProd Soft.
OWNERSHIP
The DataProd Soft is protected by copyright, trademark, patent, trade secret, and other laws. In no event may you reverse engineer or copy DataProd Soft. In the case of breach of stated reverse engineering or copying protection, DataProd retains the right to pursue all claims and damages resulting from such an act.
Your company retains all intellectual property rights you may have in the data stored in DataProd Soft. You hereby release and covenant not to sue DataProd or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities: (i) pertaining to your data stored in DataProd Soft; and/or (ii) which otherwise may arise in connection with your use of DataProd Soft.
DataProd cannot be liable for the disclosure of your confidential data. You take the risk of the responsibility of the confidentiality of your data.
All data that you may input in the system will be accessible by other users of your company.
DataProd, our affiliates and our applicable licensors retain all intellectual property rights (including all worldwide patent, trademark, copyright, and other proprietary rights) in and to DataProd Soft, and any derivative works of the DataProd Soft, including without limitation those outlined in Section 5 below.
ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED BY DataProd, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS.
We further disclaim all liability for any failure of your machine or users to connect to DataProd Soft for any reason.
DISCLAIMER OF WARRANTIES
You expressly understands and agrees that:
You assume total responsibility and risk for your use of the DataProd Soft. DataProd does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). The DataProd Soft and any software made available on the DataProd Soft are provided on an “as is, as available” basis.
DataProd makes no warranty that
(i) the DataProd Soft will meet your requirements or will always be accessible,
(ii) the DataProd Soft will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code,
(iii) the results that may be obtained from the use of the DataProd Soft will be accurate or reliable,
(iv) the quality of any products, services, information, or other material obtained by you through the DataProd Soft will meet your expectations, and
(v) any errors in the DataProd Soft will be corrected.
Any content downloaded, uploaded or otherwise obtained through the use of the DataProd Soft is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the DataProd Soft.
LIMITATION OF LIABILITY
DataProd does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the DataProd Soft or other contents accessible from the DataProd Soft. In no event shall DataProd be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, disclosure of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the DataProd Soft, delays, inaccuracies or errors in the information or in the transmission of the DataProd Soft, or any information or transactions provided on or over the DataProd Soft or downloaded or hyperlinked from the DataProd Soft, or performance of the contents on this DataProd Soft, even if DataProd has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the DataProd Soft, or with any of the Terms, your sole and exclusive remedy is to discontinue using the DataProd Soft.
INTELLECTUAL PROPERTY RIGHTS
Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the DataProd Soft) is provided by DataProd , its content providers and third parties licensors. The intellectual property rights to or over the contents contained in each DataProd Soft belong to DataProd , its content providers and/or third parties licensors. All rights are reserved. The contents of the DataProd Soft cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of DataProd . You agree that the material and content contained within or provided by the DataProd Soft is for your own personal use only and may not be used for commercial purposes or distributed commercially.
Your access to or use of the DataProd Soft should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the DataProd Soft without DataProd’s prior written consent. You may not, without DataProd’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the DataProd Soft or any other websites.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the DataProd Soft or create derivative works based on the DataProd Soft. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the DataProd Soft to determine the source code, structure, organization, internal design, algorithms or encryption devices of the DataProd Soft’s underlying technology.
GENERAL
Your access to or use of the DataProd Soft, as well as these Terms shall be governed by, and construed in accordance with Belgian laws and you agree to submit to the exclusive jurisdiction of the Belgian courts.
DataProd’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of DataProd and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the DataProd Soft. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
The digitalization of your production process