License Agreement

THIS IS A LEGAL AGREEMENT between "you", the individual, company, or organization utilizing ESheet brand software, Seppe Magiels and the Royal Belgian Ice Hockey Federation (hereafter known as the RBIHF).
USE OF E-SHEET SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.

As used in this Agreement, the term "ESheet software" means the ESheet application, as made available on our website (esheet.seppemagiels.com) together with any and all enhancements, upgrades, or updates that may be provided to you by Seppe Magiels.

1. OWNERSHIP

Ownership of ESheet software and any accompanying documentation shall at all times remain with Seppe Magiels. This Agreement does not constitute the sale of ESheet software or any accompanying documentation, or any portion thereof. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to ESheet software or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by Seppe Magiels.

2. DISTRIBUTION

The preferred method of distribution of ESheet software over the Internet is via Seppe Magiels' official website at esheet.seppemagiels.com. You may not distribute, redistribute, share or sell ESheet software, unless you obtain prior written consent from Seppe Magiels to do so.

3. THIRD PARTY DISTRIBUTION PROHIBITED

Distribution of ESheet software by you to third parties (e.g. - publishers, magazines, third party products, etc.) is also hereby expressly prohibited unless you obtain prior written consent from Seppe Magiels to do so.

4. TERMINATION

Seppe Magiels and the RBIHF reserves the right to terminate your license for ESheet software at any time or for any reason. Your license may also be terminated if you are in breach of any of the terms and conditions set forth in this Agreement. Upon termination, you shall immediately discontinue using ESheet software and destroy all copies and related intellectual property in your possession, custody or control.

5. PROHIBITED CONDUCT

You represent and warrant that you will not violate any of the terms and conditions set forth in this Agreement and that:

  1. You will not: (I) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from ESheet software; or (II) use, copy, modify, alter, or transfer, electronically or otherwise, ESheet software or any of the accompanying documentation except as expressly permitted in this Agreement; or (III) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to ESheet software whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement.
  2. You will not use ESheet software to engage in or allow others to engage in any illegal activity.
  3. You will not engage in use of ESheet software that will interfere with or damage the operation of the services of third parties by overburdening or disabling network resources through automated queries, excessive usage or similar conduct.
  4. You will not use ESheet software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
  5. You will not transfer ESheet software or utilize ESheet software in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties unless you obtain prior written consent from Seppe Magiels to do so.

6. UPGRADES, UPDATES AND ENHANCEMENTS

All upgrades, updates or enhancements of ESheet software shall be deemed to be part of ESheet software and will be subject to this Agreement.

7. LEGENDS AND NOTICES

You agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in ESheet software or any accompanying documentation.

8. TERM AND TERMINATION

This Agreement is effective upon your acceptance as provided herein and will remain in force until terminated. You may terminate the licenses granted in this Agreement at any time by destroying ESheet software, together with any and all copies thereof. The licenses granted in this Agreement will terminate automatically if you breach any of its terms or conditions or any of the terms or conditions of any other agreement between you and Seppe Magiels.

9. SOFTWARE SUGGESTIONS

Seppe Magiels welcomes suggestions for enhancing ESheet software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to Seppe Magiels. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of Seppe Magiels and may be used for its business purposes in its sole discretion without any payment or accounting to you.

10. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties concerning ESheet software, and is subject to change by Seppe Magiels at any time. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

11. DISCLAIMER OF WARRANTY

E-SHEET SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AND AGREEMENT. NO USE OF E-SHEET SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEPPE MAGIELS NOR THE RBIHF BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE E-SHEET SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SEPPE MAGIELS' AND THE RBIHF'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID FOR THIS LICENSE.