Software License Agreement

Last Update: May 1, 2024

  1. Introduction
  2. Definitions
  3. License Grant
  4. Payment
  5. Restrictions
  6. Intellectual Property
  7. Confidentiality
  8. Termination
  9. Warranties and Disclaimers
  10. Limitation of Liability
  11. General Provisions

1. Introduction

This Software License Agreement (“Agreement”) is between Ticketapply VOF, with its office located at Gorterplaats 16 Nijmegen (“Licensor”), and the entity or individual agreeing to these terms (“Licensee”).

By accessing or using the Software, the Licensee acknowledges and agrees to the terms of this Agreement. If you are accepting on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the terms of this Agreement.

2. Definitions

  1. Software refers to the Licensor’s software product provided as a service.
  2. Services means the services that Licensor will provide to enable the use of the Software.

3. License Grant

  1. Licensor hereby grants to Licensee a non-exclusive, non-transferable, revocable license to access and use the Software over the Internet for its internal business purposes, subject to the terms of this Agreement.
  2. This license does not allow Licensee to use the Software on behalf of any third party or make the Software available to any third party in any way, including but not limited to providing time-sharing services, Software as a Service (SaaS) offerings, or as part of a service bureau or outsourcing offering.

4. Payment

In consideration for the grant of the license and the use of the Software, Licensee agrees to the following fee structure:

  1. There is no subscription fee for the use of the Software.
  2. Licensee agrees to pay a transaction fee for each transaction processed by the platform.
  3. All transaction fees are non-refundable and payable upon completion of each transaction.

Transaction fees will be automatically deducted from the proceeds of each transaction before the balance is disbursed to the Licensee. This ensures that all due fees are promptly collected in accordance with the terms of this Agreement.

5. Restrictions

  1. Licensee shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or any part thereof, nor shall Licensee rent, lease, grant a security interest in, or otherwise transfer rights to the Software.
  2. Licensee agrees to prevent any unauthorized copying of the Software.

6. Intellectual Property

Licensor retains all ownership and intellectual property rights to the Software and any derivatives, modifications, or improvements made thereto.

7. Confidentiality

Each party agrees to retain in confidence all information transmitted to it by the other party that the receiving party understands to be proprietary and/or confidential in nature, except as required by law.

8. Termination

  1. The Licensee may terminate this Agreement at any time without notice.
  2. The Licensor may terminate this Agreement provided that one week’s notice is given to the Licensee.
  3. Upon termination, the Licensee must cease all use of the Software and delete all copies of the Software in their possession or control.
  4. Additionally, the Licensee must return all materials and equipment, including scanners, provided by the Licensor for use during the term of the Agreement.

9. Warranties and Disclaimers

  1. Licensor warrants that it has the right to grant the license hereunder.
  2. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

10. Limitation of Liability

  1. In no event will Licensor be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, even if advised of the possibility of such damages.

11. General Provisions

  1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or communications.