Vizlib Marketplace - Terms and Conditions

Version: October 31th, 2017


These Terms & Conditions are a contract between you and Vizlib Ltd. (“Vizlib”) and apply to your access and use of Vizlib Marketplace that is made available to you through the Vizlib website, including any software, catalogues, data, sites, information, materials, content and updates. By using Vizlib Marketplace you acknowledge and agree that all such use is subject to the present Terms & Conditions, shall constitute acceptance of the Terms & Conditions and may be enforced as a binding and legal agreement between you and Vizlib. If you are accepting these Terms & Conditions on behalf of a legal entity, you warrant that you are authorised to represent and legally bind it to this contract.

  1. Vizlib Marketplace

    Vizlib Marketplace is a platform that allows you to download for free or to purchase third-party developer products (“Marketplace Products”) via a Vizlib account. Although sold by Vizlib or downloaded through the Vizlib website, the above-mentioned products are developed, maintained and supported by third-party software providers (“Product Providers”), and may require you to agree to separate terms of service.

    Vizlib reserves the right to modify or discontinue at any time and from time to time the Vizlib Marketplace with or without notice.

  2. Acceptable Use

    The rights granted to you to use Marketplace products are personal to you and not transferable to any third parties. Any additional rights must be granted directly by the Product Provider.

    No intellectual property rights on the Vizlib Library and Services or Marketplace products are granted to you.

    You are responsible for using and applying reasonable technical access controls and system security to protect Marketplace Products and the related documentation that is provided to you for their effective use.

    You may not interfere or attempt to interfere in any manner with the functionality or proper performance of Marketplace Products, for example by working around any technical limitations in visualisations or reverse engineering. You may not access or use Marketplace Products for any unlawful, harmful or deceptive purpose or in any way that is illegal or promotes illegal activities.

    Marketplace products correspond to Software as a Service software and as a consequence, a live Internet connection is a pre-requisite.

    The Marketplace products code is executed on your computer’s web browser.

    Using the Vizlib Marketplace operates as your consent to the transmission of standard device information for Internet-based or wireless services. You, and not Vizlib, remain responsible and liable for data use and processing.

  3. License

    Vizlib may allow you to download a full trial version of Marketplace Products through eMail sign-up and a payment corresponding to the Marketplace Product you wish to use. A unique license key will be generated to enable you access and use Marketplace Products.

  4. Support

    Vizlib does not provide support for any Marketplace Products. For any support request, you may address your demand directly to the Product Provider or to Vizlib. Vizlib’s contribution shall be limited to transfer your demand to the Product Provider; Vizlib does not guarantee that the Product Provider will respond to your request or provide you with support.

  5. Warranties

    Marketplace Products distributed via the Vizlib Marketplace are not part of the Vizlib Library and as such, are not guaranteed to have the same product quality as Vizlib objects.

    Vizlib makes no warranties in general, including but not limited to the fact that Marketplace Products are defect-/errorfree or operate uninterruptedly.

    Vizlib disclaims any warranty expressed or implied, including but not limited to non-infringement, merchantability, satisfactory quality and fitness for a particular purpose.

    Vizlib may block a Marketplace Product from its servers, or disable its functionality, for legal or policy reasons. In this case, Vizlib will collaborate with the Product Provider to notify affected users.

  6. Disclaimer and Limitation of liability

    To the maximum extent permitted by applicable law, in no event shall Vizlib be liable under any theory of liability, whether in contract, tort or otherwise, for any direct, indirect, consequential, special, incidental, exemplary, or punitive damages of any kind (including but not limited to damages for lost profits, loss of data or other information, use, goodwill) arising out of, based on, or resulting from your use or inability to use Marketplace Products.

    Your use of Vizlib Marketplace and any Marketplace Products is at your sole risk. Other than as expressly stated, Vizlib provides Marketplace “as is”. Vizlib does not make or imply any warranties or commitments about Marketplace Products, including but not limited to code, specific functionalities or content, their reliability, availability, or ability to meet your needs.

    Without limitation to the following aspects, Vizlib shall not be liable for any damages resulting from (a) cost of procuring substitute goods, data, software programs, content or services; (b) unauthorized access to or use of your accounts; (c) any alteration, corruption, deletion, damage or loss of anything used in connection with Marketplace Products; (d) failure to provide accurate or complete information with respect to Marketplace Products; (e) any viruses or other disabling features that affect your online access to or use of Marketplace Products; (f) incompatibilities between Marketplace Products and other services, software or hardware; (g) any third-party conduct or transmissions or data; (h) personal data security measures implemented by a Product Provider.

  7. Release from claims and indemnification

    In case of dispute with a Product Provider, you agree to release Vizlib from any claims, demands and damages connected with such dispute.

    You agree to indemnify, defend, and hold Vizlib harmless from and against any claims, liabilities, and expenses, including attorneys’ fees, connected with the use of a Marketplace Product, including but not limited to your violation of these Marketplace Terms, provided that Vizlib (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Vizlib of all liability); and (c) provides to you all reasonable assistance, at your expense.

  8. Privacy and Cookies

    Vizlib is committed to protecting your personal data. Its objective is to provide you with an optimal experience through the use of Vizlib Marketplace and to control that you make a legal use of it.

    Personal data collected by Vizlib is your name, eMail address and IP address, as well as company name and phone if provided (optional).

    Vizlib uses personal data to provide you with Marketplace Products, and is generally collected when you are a Vizlib Marketplace customer or a potential Vizlib Marketplace customer.

    Vizlib may use your personal data to communicate with you, provide you with information about Vizlib Services/Vizlib Marketplace or updates and for marketing or advertisement reasons.

    For the use of Marketplace Products, Vizlib shares personal data with the corresponding Product Provider, in order to provide you with the Marketplace Product of your choice. Vizlib will only share with the Product Provider the minimum amount of personal data necessary.

    You have a right to access and rectify your personal data. You may also, for legitimate reasons, object to the processing of your personal data. You may exercise these rights, towards Vizlib, by contacting: Please contact the Product Provider to exercise the same rights towards himself.

    Vizlib places cookies on your device (one per extension) to cache the license key in order to reduce the number of calls to Vizlib services for performance improvement and better user experience.

    For the protection of your data, Vizlib uses servers that are based in the European Union and more specifically in Ireland. Vizlib doesn’t transfer data outside the European Economic Area.

  9. Links to other sites

    The external links that are made available to you through the Vizlib website or Services are not under Vizlib control and we are not responsible for the contents of any linked site or any link contained in a linked site. The fact that we make available linked sites should never be interpreted as Vizlib endorsement to a linked site content.

  10. Terms and Conditions updates

    Vizlib may change these Terms & Conditions at any time. The updated Terms & Conditions will become effective and binding as from date of notification. Vizlib shall contact you in order to inform you about Terms and Conditions updates. If you do not agree with any changes, you may not continue to use the Vizlib Marketplace.

  11. Reservation of rights

    Vizlib reserves all rights not expressly granted in these terms and conditions. No additional rights (including implied licenses, rights or covenants) are granted to you by implication, estoppel or otherwise.

  12. Governing law and jurisdiction

    The present Terms & Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

    The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).