This End User License Agreement (“EULA”) is a legal agreement between you and Dreamler AB, a Swedish limited liability company with registration number 556892-2594 (“we” or “us”) required for your use of our visual project planning and implementation tools Dreamler, consisting of a combination of online services and locally installed software applications for various IT platforms (jointly referred to as the “Software”).
Use of the Software requires an active user account with us. By using the Software in any way, including by installing local applications of the Software, you agree to be bound by and respect the terms of this EULA. If you do not agree to any part of this EULA, do not use the Software and do not install local applications in any of your devices.
1. Use and License Grant
Subject to the terms and conditions set forth in this EULA, you are hereby granted the non-exclusive, non-transferable, non-sublicenseable right and license to use the Software for its intended purpose (project planning and implementation) solely as provided for herein.
The license provides for use of (i) the online services connected to your user account, and (ii) an unlimited number of installations of local applications of the Software on computer systems of the type for which the Software is designed to be installed. All use of the Software, including each installation of local applications, is subject to these terms or updated versions thereof.
2. License fee
Your use of the Software is subject to payment of the license fee as set forth on our website from time to time.
We may suspend or terminate your user account if you do not pay license fees as applicable from time to time.
3. License restrictions
The Software may not be used for any other purposes than those expressly provided for in this EULA.
Notwithstanding the foregoing, and without limitation, you may specifically not (i) make or attempt to make modifications or alterations to the Software, (iii) reverse-engineer, decompile, disassemble or otherwise attempt to gain access to the inner functions of the Software, except as expressly required and permitted by mandatory law, (iv) provide third parties access to the Software by time sharing, as Software as a Service or by similar arrangements, or (v) introduce any form or malicious code such as viruses, worms or Trojans into the Software.
4. User account and server access
Use of the Software requires an active user account with us and access to our servers. When registering your user account, you will need to provide us with personal data, mainly details about yourself. When providing such data, you (i) warrant that all data submitted by you is up to date, true, complete (to the extent required for the use of the Software) and not misleading, (ii) warrant to us that you will hold us harmless in case there is a claim against us as a result of untrue or incorrect data provided to us by you and (iii) consent to our use and processing of the data in and to the extent required to provide the Software and related functionality, which will include making all or part of your personal data searchable and visible to others via the Software, and that your personal data may be transferred or assigned to other entities including entities in countries outside the EEC (European Economic Area). We will however not sell your data or allow third parties to send marketing messages to you, but we may ourselves from time to time send marketing and information about the Software and our other products to you.
Your user account will be protected by password. You are liable for all use of the Software with your password. If you suspect that unauthorized use of your password has been made, or if your account is otherwise compromised, you must promptly replace your password or inform us of such misuse as directed on our website in order for us to, if applicable, either (i) suspend or (ii) delete your account, as instructed by you.
We will use our reasonable best efforts to maintain the servers required for use of the Software running and accessible at all times. However, we do not guarantee any specific level of availability and service may be interrupted at any time. Furthermore, we do not accept any liability what so ever for failure to use the Software as a result of communication problems on the Internet or other private or public networks used to access the servers.
5. No Updates, No support
The License does not include the right to receive any updates or support for or in relation to the Software. However, updates to the Software and other support services may be provided to you in our sole discretion and we will post information about Software updates at our website or otherwise as we see fit. If provided, any updates will be subject to this EULA.
6. No warranties, no liability
The Software is provided on an “as is” and “where is” basis. We hereby expressly disclaim any and all warranties for the Software, including without limitation (i) any warranties implied warranties of merchantability and fitness for any particular purpose, (ii) any warranties for freedom from viruses and (iii) freedom from infringement.
We expressly disclaim and will not accept any liability for any damages, claims, costs or expenses what so ever that may arise as a consequence of your use of the Software, regardless if such damages is direct, indirect, special, consequential, incidental, including without limitation damages for loss of business profits, loss of data, business interruption, loss of business information, or any other losses of any kind arising out of the use of or inability to use the Software, even if we are aware of the possibility of such damages and known defects.
If, for any reason or under any law or legal doctrine, we are deemed liable for any damages regardless of the foregoing, our maximum liability shall be limited to the license fees actually paid by you during the twelve months immediately preceding the date when the cause for your claim occurred.
The above limitations of liability shall however not apply if the claim is caused by our wilful misconduct or gross negligence.
7. Feedback invitation
If you encounter errors or otherwise have comments to the Software, its user interface or functionality, you are invited to inform us of such errors or views at your discretion. You are under no obligation to provide such information, and we are under no obligation to implement any suggestions you may offer. However, if we do implement any such suggestions or views in future versions of the Software, you specifically agree that ownership in any related intellectual property rights to such suggestions will be our property and you will have no claim of ownership or compensation for our use thereof.
In addition to the foregoing, we will collect non-identifiable user and usage data from the Software in order to improve the functioning of the Software for public release.
8. Intellectual Property Rights ownership
Any and all intellectual property rights, including without limitation copyright protected materials such as source and object code and other digital assets, database rights, registered and unregistered trademarks and designs, patents or patentable inventions and know how (regardless if patentable or not) and all other similar rights in any jurisdiction, related to the Software is and shall remain our exclusive property, or (if applicable) of our licensors. This EULA does not confer any ownership rights to you in any way and no such ownership rights shall be deemed to be assigned to you by implication or otherwise.
All data related to your projects are owned by you. It is your responsibility to ensure that you own or have due permissions to use any materials that you include in projects, such as pictures and other potentially copyright protected materials. You must hold us harmless without any limitation against any any claim from third parties alleging that such data introduced by you constitutes infringement.
9. Term and Termination
This EULA shall apply for your use of the Software monthly until further notice, subject to payment of the license fees.
We may terminate this EULA to expire at any time by giving no less than 30 days notice on our website, on notices in the Software or by e-mail to you. If you breach any of the terms of this EULA, we may also terminate your license immediately by suspending or terminating your user account.
You may terminate this EULA at any time by either (i) ceasing payment of the license fee when it falls due or (ii) ceasing use of the Software and/or terminating your user account.
On termination of this EULA for any reason, you must cease use of the Software, and we may terminate your access accordingly.
We will maintain confidentiality regarding your use of the Software and your information contained therein.
11. Governing law and dispute resolution
This EULA shall be governed by the substantive laws of Sweden, without regard to its choice of law principles. Any disputes that may arise out of or as a consequence of this EULA or the use of the Software shall be finally determined by the courts of Sweden.
For the avoidance of doubt, any agreements that may be entered into by users of the Software with the aid of or using the Software shall be solely determined between the parties concerned on such terms as they may agree, and we may not be held liable in any way for such agreements, or the breach or invalidity thereof.