1. License and User restrictions
Zacco grants you, as a user and representative of a client of Zacco, (“you” or “User”), a personal, worldwide, non-assignable and non-exclusive license to use the Portal as part of the services provided to you by Zacco. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Portal, in the manner permitted by these terms and conditions. You may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Portal or any part thereof. The Portal may include several open source software tools and you are accepting the use of such tools by accepting the terms of this use agreement.
Except as expressly provided herein, unless Zacco has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Portal, grant a security interest in or over your rights to use the Portal, or otherwise transfer any part of your rights to use the Portal. Notwithstanding the foregoing, you might be granted limited administrative rights to provide access to the Portal in your reasonable discretion to those parties who would reasonably need to access information located on the Portal in the ordinary course of business.
The User is responsible for all usage or activity on the User’s Accounts, including safekeeping of the User’s username and password. The User shall not permit any third party to access the Portal using the User’s username. If you become aware of any unauthorized use of your password on the Portal or your account, you agree to notify Zacco immediately. Zacco reserves the right to limit the number of Users and/or Accounts. The User may from time to time receive email alerts in respect of updates to the Portal.
Zacco may suspend or terminate any User’s access to the Portal at any time and without any liability to User in the event the User violates any provision of this agreement or uses the Portal for any purpose other than for the internal business of the User. Zacco may also terminate all User’s access to the Portal should the client cease being a client of Zacco.
You acknowledge that Zacco owns all right, title and interest in and to the Portal (including all components of and underlying technology related to the same and any derivatives of the same by whoever created). Zacco acknowledges that you own all right, title and interest in and to your assets.
3. Third party links
4. Upload of information
User may be able to upload own information to the Portal and User hereby acknowledges that any such upload does not violates or infringes on any third party rights and User shall be responsible for the accuracy, quality, integrity and legality of such uploaded information.
Except as specifically set forth in this agreement, Zacco makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an “AS IS” and “AS AVAILABLE” basis and no warranty is given that such access will be error-free or uninterrupted. Zacco does not make any warranty as to the results that may be obtained from use of the Portal, and no information, advice or services obtained by you from the Portal will create any warranty not expressly stated in this agreement.
6. Limitation of liability
Under no circumstances shall Zacco be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Portal including but not limited to reliance by you on any information obtained from the Portal that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.
You agree to defend, indemnify and hold Zacco harmless, from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Agreement; or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive this Agreement and your use of the Portal.
8. Privacy and Confidentiality
represents our commitment to protect your personal information. It explains how and why we gather, store, share and use your personal data – as well as outlines the controls and choices you have around how and when you choose to share your personal data.
Unless otherwise expressly stated in this agreement, all notices and other communications required or permitted to be given under this agreement shall be in writing and shall be deemed duly served if mailed electronically to the email address provided by User or Zacco.
11. Governing Law
Any dispute arising out of or relating to this agreement shall be governed by substantive Danish law (with the exclusion of its conflict-of-laws rules) and the Danish courts shall have exclusive jurisdiction over the dispute.