End user terms
Growblocks End User Terms (2023)
THESE GROWBLOCKS END USER TERMS (“AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“END USER”) AND GROWBLOCKS APS, CVR NO. 42559806, KØBMAGERGADE 60, 1150 KØBENHAVN K (“GROWBLOCKS”) FOR USE OF THE PRODUCT AND/OR SERVICE PROVIDED BY GROWBLOCKS TO THE CUSTOMER AS DEFINED BY THE ORDER FORM (“GROWBLOCKS PLATFORM”). BY INSTALLING, COPYING, OR OTHERWISE USING THE Growblocks Platform, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE Growblocks Platform.
THE GROWBLOCKS PLATFORM IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHTS TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. PLEASE NOTE THAT THE Growblocks Platform IS LICENSED AND NOT SOLD.
- Applicability and Sole Remedy
- This Agreement sets forth the complete and entire agreement governing the End User’s use of the Growblocks Platform.
- The remedies set out herein shall be the End User’s sole and exclusive remedies in respect of the Growblocks Platform.
- Grant of License
- The End User is authorised to use the Growblocks Platform by the Customer as defined by the order form.
- The End User is granted a non-exclusive, non-transferable and limited right to use the Growblocks Platform in accordance with this Agreement and for its intended and designated purposes, only.
- The End User is only entitled to make copies of the Growblocks Platform as may be necessary for backup and archival purposes.
- The End User may not distribute copies of the Growblocks Platform to third parties or reverse engineer, decompile, or disassemble any of the components of the Growblocks Platform except to the extent permitted by applicable law which cannot be contractually waived.
- Intellectual Property Rights
- No intellectual property rights are transferred by either party to the other party under this Agreement. The Growblocks Platform confers no title or ownership and is not a sale of any rights in the Growblocks Platform. All rights not expressively granted are reserved by Growblocks.
- No Warranties
- Growblocks expressly disclaims any warranty for the product. The Growblocks Platform is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use of the Growblocks Platform and its contents remains with the End User.
- Limitation of Liability
- The provisions of this paragraph are in effect to the maximum extent permitted by applicable law.
- The entire risk arising out of use of the Growblocks Platform including its contents remains with the End User. Growblocks expressly disclaims any warranty for the result of End User’s actions and omissions based on the scenarios calculated through use of the Growblocks Platform.
- In no event shall Growblocks or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Growblocks Platform or the provision of or failure to provide proper support, even if Growblocks has been advised of the possibility of such damages.
- Absent any wilful misconduct or gross negligence, Growblocks’ entire liability under any provision of this Agreement shall be limited to the annual fees paid in the 12 months leading up to such liability event.
- Without prejudice to any other rights, Growblocks may terminate this Agreement if the End User fails to comply with its terms and conditions. In such event the End User must cease all use of the Growblocks Platform and destroy any copies of the Growblocks Platform.
- Governing Law
- This Agreement shall be governed and construed in accordance with the laws of Denmark applied without giving effect to the UN Convention on Contracts for the International Sale of Goods and any conflict of law principles.
- Any dispute arising out of this Agreement shall be settled by the ordinary Danish court of Copenhagen
Last updated: March 2023