License conditions
52ViKING and 52eSELLER SUITE license conditions.
52ViKING
Valid from 1 May 2020
1. Scope of application
1.1 These license conditions for the use of a license for 52ViKING shop and point of sale system (hereinafter referred to as the 52ViKING license conditions or "License Conditions") apply unless otherwise agreed in writing between Fiftytwo A/S (CVR no. 24784010) and consolidated companies (hereinafter referred to as Fiftytwo) and the Customer (hereinafter referred to as the "Customer") irrespective of the Customer's residence.
1.2 The 52ViKING license conditions constitute an agreement between Fiftytwo and the Customer concerning the Fiftytwo software 52ViKING with related updates (hereinafter referred to as the 52ViKING software, or in general terms the "Software"). The License Conditions also apply to all future Fiftytwo updates of the 52ViKING software unless an update with new functionalities is accompanied by new conditions. By putting the Software into use, the Customer accepts these License Conditions.
2. Definitions
2.1 Customer means the party with whom Fiftytwo enters into an Agreement.
2.2 Agreement means the agreement entered into between Fiftytwo and the Customer on the delivery of Products and/or Services and/or Subscriptions.
2.3 Delivery means a delivery containing Products and/or Services.
2.4 Products mean Unit(s) and Software.
2.5 Unit(s) means e.g. point of sale terminals, payment card terminals, Self Check Out (SCO) terminals, hand-held terminals, mobile phones, and other equipment which can also be termed hardware.
2.6 Software means standard software supplied by Fiftytwo or a third party as a software license or as a program/an app to install on the Customer's Unit(s) or, by Subscription, on equipment made available by either Fiftytwo or the Customer. Further, Software can be delivered as customer-specific adaptations for standard software developed by Fiftytwo or a third party.
2.7 Controlled means that through an agreement with a third party, the Customer has the right of disposal and right of use of Units, but no title.
2.8 Services mean one or more individual tasks performed as programming tasks or consultancy assistance carried out by one or more employees of Fiftytwo and invoiced according to actual time consumption or at a fixed price.
2.9 Subscription means an Agreement between Fiftytwo and the Customer on continuous delivery of access to Software for a pre-defined period in which Fiftytwo has the title in the Software made available to the Customer and in which the Customer pays Fiftytwo on an ongoing basis for this access.
2.10 In the Agreement, more Services can be termed a Project, in which also Products can be included.
3. Permitted use and restrictions
3.1 The 52ViKING software can be purchased in two different models for purchase: The Customer can either buy copies of the Software against a one-off payment. In such case, the Customer owns the copies of the Software and may dispose of these copies with the restrictions that follow from the License Conditions. In the alternative, the Customer acquires the right of use to the Software on an ongoing Subscription license.
3.2 Irrespective of which purchase model the Customer uses, the Customer is only entitled to use one copy/one license in the 52ViKING software in one (1) specific Unit on which the Software is installed. Unless any specific agreement has been concluded to that effect, a license/a copy of the Software cannot be reused on a new unit.
3.3 If the Customer has purchased ongoing license for the Software, then the Customer acquires a non-transferable, limited and non-exclusive license to use the 52ViKING software and the software updates comprised by the license, which may be made available by Fiftytwo, for Units controlled or owned by the Customer.
3.4 The Customer must comply with all technical limitations in the 52ViKING software which only permit that the Customer can use the Software in certain ways. The Customer or a third party on behalf of the Customer may not
3.4.1 Work outside the technical limitations in the 52ViKING software,
3.4.2 Make "reverse engineering", decompilation, separation or similar of the 52ViKING software, unless and only to the extent that such acts are expressly and despite this limitation permitted under applicable law,
3.4.3 Make more copies of the 52ViKING software than the number for which license has been purchased, and such copies that are permitted under applicable law,
3.4.4 Publish the 52ViKING software so that others can copy it,
3.4.5 Sell, rent, lease, lend, further distribute or sub-license the 52ViKING software or otherwise assign or transfer the license right in the 52ViKING software to a third party, unless the copies purchased may only be transferred on the terms that follow from these License Conditions.
3.5 Copies made for backup or archiving purposes are also subject to these License Conditions.
3.6 If the Customer or a third party makes interventions or changes to the 52ViKING software, Fiftytwo's obligations cease under these License Conditions without notice, and Fiftytwo waives any responsibility for the consequences of such interventions or changes. Fiftytwo's remedies in breach remain unchanged.
4. Third-party software
4.1 To the extent that Fiftytwo software obtains access to third-party software or third-party services, Fiftytwo waives any obligation to provide technical or other support to such third-party software or services. The Customer must contact the relevant software supplier, manufacturer or service provider directly to obtain technical support and customer service in relation to this software, service, website and/or products.
4.2 The Customer accepts to be subject to and to comply with all relevant conditions for the use of third-party software or third-party services when using the 52ViKING software.
4.3 Fiftytwo is responsible to the Customer that the Fiftytwo software does not infringe the intellectual property rights of a third party. If legal proceedings are instituted against the Customer in which it is claimed that such infringement exists, the Customer is obliged to immediately notify Fiftytwo to that effect. Fiftytwo or the third party from whom Fiftytwo has a license to the software will then take over the proceedings and the costs of the case, and Fiftytwo has an irrevocable authority to conduct litigation at its own expense or enter into a settlement agreement concerning the alleged infringements.
4.4 If a judgment is delivered or a settlement entered into under the claim of the third party, Fiftytwo is entitled, at its own discretion, either to provide the Customer with a right to continued use of the software or to stop the infringement by changing or replacing the software with another Software which materially has the same functionality as the Software which is replaced, or terminating the Agreement at immediate notice against repaying the remuneration made by the Customer. In such case, the Customer cannot make further claims against Fiftytwo.
5. Maintenance
5.1 The 52ViKING software comprises standard programs and modules, which are maintained on an ongoing basis by Fiftytwo as a result of
5.1.1 Rectification of documented errors and defects from previous versions,
5.1.2 Changes and enhancements of the standard functionality subject to legislative requirements,
5.1.3 Changes and enhancements of the standard functionality which have occurred through Fiftytwo's ongoing development and other work with the 52ViKING software,
5.1.4 New functions/adaptations requested by the Customer which by Fiftytwo are developed as new standard functionality,
5.1.5 Fiftytwo only maintains and supports the two latest versions of the Software and never more than 24 months from Fiftytwo's release of a software version. In relation to general error corrections, the Customer should generally update its latest version of the Software no later than one year after the first installation of the most recently available version of the Software. It is the Customer's responsibility to ensure that the Software is updated on an ongoing basis. Fiftytwo's assistance for implementation of updates is not included in the license and maintenance payments.
5.2 Software maintenance gives the Customer a right to upgrading of the software modules for which the Customer has purchased a valid license on the condition that the Customer pays for its license/maintenance in time. Any new version of the 52ViKING software is covered by the license conditions which are otherwise applicable to the 52ViKING software. Fiftytwo will always ensure that new, updated versions of the 52ViKING software do not remove the standard functionality which the Customer uses/pays for in the 52ViKING software.
5.3 The fixed maintenance includes:
5.3.1 New versions with error corrections as a result of documented errors in the 52ViKING software,
5.3.2 New versions which has been equipped with new functionality as a result of legal requirements,
5.3.3 New versions with improved/extended functionality and/or product changes in natural extension of the previous functionality of the program module and which at Fiftytwo's discretion do not require a new license/special payment.
5.4 Thus, the maintenance of the 52ViKING software does not comprise (non-exhaustive list):
5.4.1 New software modules to which the Customer has not purchased a user right,
5.4.2 New (not purchased) program modules that contain an entirely new and independent functionality,
5.4.3 Versions of the 52ViKING software based on other operating systems/technology platforms than those for which the Customer has acquired a right of use,
5.4.4 Costs for and work in connection with enhancements, upgrading or other changes to Units, equipment, network, communication connections, operating systems, other software, and otherwise other products or infrastructure,
5.4.5 Fiftytwo's time consumption for preparing installation and conversion scripts, installation guidelines, distribution and installation, training and other work in connection with delivery, installation and use of the new upgraded versions of program modules,
5.4.6 Preparation (analysis, design and development) of adaptations and functions agreed with the Customer,
5.4.7 Installation and testing/quality assurance of new versions in the Customer's environment,
5.4.8 Upgrading of specially developed customer modules that do not form part of the 52ViKING software.
6. Intellectual property rights
6.1 Fiftytwo has the copyright and any other right in the Fiftytwo software or is entitled to sub-license this on behalf of a third party to the extent that the Software contains third-party components. The Customer only acquires the rights in the Software which are expressly stated in the License Conditions.
6.2 The Customer is not entitled to break or change any security codes, and the Customer is not entitled to change or remove specifications in the Software or on the Units on which the Software is delivered, concerning rights issues, trademarks etc. The Customer is obliged to ensure that the Software and documentation are kept out of reach of a third party, and that the Software and documentation do not otherwise come into third-party possession.
7. Payment terminal manufacturer's software subscription
7.1 The payment terminal manufacturer’s mandatory software subscription is not included in the 52ViKING software maintenance.
7.2 The software subscription for payment terminals gives access to maintenance and updating of the payment terminal manufacturer's software in the payment terminals.
7.3 The software subscription for payment terminals is taken out with the payment terminal manufacturer. If Fiftytwo has delivered the payment terminals, the software subscription for them is provided by Fiftytwo on the terms of the payment terminal manufacturer, including invoicing prior to one calendar year at a time.
7.4 New versions of the payment terminal software contain changes that are controlled and made by the payment terminal manufacturer (such as Verifone, Nets/Teller etc.)
7.5 The payment terminal software subscription does not cover Fiftytwo's time consumption in connection with installing the software or other work in connection with delivery and use of updated versions of the software in the payment terminal. Fiftytwo's work in connection with such services is delivered on applicable terms, or alternatively under a specific agreement.
8. Termination
8.1 The Customer's license to the 52ViKING software cannot be terminated by Fiftytwo. If the Customer uses the Software for a Subscription Agreement, the Customer may terminate the Subscription at the notice agreed with Fiftytwo. If no notice has been agreed, the Customer may terminate the Subscription at 12 months' notice.
8.2 The Customer's rights under this license will automatically expire or otherwise cease without notice on the part of Fiftytwo if the Customer fails to comply with the 52ViKING license conditions of the agreement, including payment of its Subscription in time. When the agreement expires, the Customer must stop using the 52ViKING software. Section 9, 10 and 11 of this agreement apply even if this license is terminated.
9. Warranty and right of complaint
9.1 The Customer accepts that the Software is sold on an as is basis and with the functionality that appears from the documentation attaching to the Software.
9.2 Fiftytwo warrants that the Software has the functionality that appears from the Software documentation, and that the Software is free of material errors and defects on commissioning. Fiftytwo also warrants that Fiftytwo will continuously maintain the Software and remedy any errors and defects. Fiftytwo does not give any warranties for the use of the Software unless the Software is used in full compliance with the Software documentation. Fiftytwo does not give any warranties in connection with integration into the Software or for the safety of third-party software unless Fiftytwo has expressly undertaken such warranty.
9.3 The Customer accepts that the Customer may only demand that Fiftytwo remedies errors and defects as part of Fiftytwo's general maintenance. If the Customer has purchased the licenses, then Fiftytwo corrects errors and defects in a three-month period after commissioning if the Customer has not purchased ongoing maintenance. As part of its maintenance, Fiftytwo must be entitled to refer to workarounds.
10. Limitation of liability
10.1 Fiftytwo, its agents or managers are in no circumstances liable in damages for indirect losses, including loss of profits, distribution or loss of data, errors that entail that data cannot be sent or received, damage caused by malware of any nature, damage as a result of cybercrime, or loss of goodwill or costs for restoring operations which may occur as a result of use/non-use of Fiftytwo software or software or services from third parties that form an integral part of the use of Fiftytwo software. Fiftytwo's total liability in damages to the Customer for any damage, any loss or measures caused by the Software can constitute no more than either an amount corresponding to the payment for a subscription for one quarter, or if the Customer has purchased a copy of the Software against a one-off payment, an amount corresponding to the Customer's one-off payment for the Software.
11. Entire agreement; Language precedence
11.1. These 52ViKING License Conditions constitute the only agreement between the Customer and Fiftytwo as regards the use of Fiftytwo software and supersede all former or existing agreements to that effect. No additions or amendments to these 52ViKING license conditions will be binding unless prepared in writing and signed by Fiftytwo. All translations of these 52ViKING license conditions are made due to local legal requirements, and in the case of discrepancy between the Danish version of the 52ViKING license conditions and the translated version, the Danish version is always the applicable one provided that this is not unlawful under applicable local law.
52eSELLER SUITE
Valid from 15 October 2021
1. Scope of application
1.1 These licence conditions (sections 1, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17) for the use of a licence for 52eSELLER SUITE webshop (hereinafter referred to as the 52eSELLER SUITE licence conditions) apply unless otherwise agreed in writing, between Fiftytwo A/S (CVR no. 24784010) and consolidated companies (hereinafter referred to as Fiftytwo) and the Customer irrespective of the Customer's residence.
1.2 The 52eSELLER SUITE licence conditions constitute an agreement between Fiftytwo and the Customer concerning the Fiftytwo software 52eSELLER SUITE with related updates (hereinafter referred to as the 52eSELLER SUITE software, or in general terms the "Fiftytwo software"). The 52eSELLER SUITE licence conditions also apply to all Fiftytwo's updates and supplements to the 52eSELLER SUITE software. If the Customer cannot accept the 52eSELLER SUITE licence conditions for the use of the Fiftytwo software, the Customer is not entitled to use the Fiftytwo software.
1.3 Fiftytwo may at its own discretion release software updates to the 52eSELLER SUITE software. Any software updates to the 52eSELLER SUITE software do not necessarily include all the existing software functions or new functions which Fiftytwo releases for prior versions of the software. The use of software updates to the Fiftytwo software is subject to the conditions in this licence agreement from Fiftytwo unless the software updates to the Fiftytwo software are accompanied by a separate licence agreement. In such case, the Customer accepts that the conditions of the said licence agreement will apply.
1.4 The Customer is obliged to respect Fiftytwo's and any sub-suppliers' licence conditions applicable from time to time and ownership/copyright in this software and otherwise accepts to observe the rules applicable from time to time of Danish law on handling of software which is protected by copyright or ownership right.
2. Definitions
2.1 Customer means the party that is going to use 52eSELLER SUITE as the eCommerce system.
2.2 Agreement means the agreement entered into between Fiftytwo or an approved partner and the Customer on the delivery of products and/or services and/or subscriptions.
2.3 Delivery means a delivery containing products and/or services.
2.4 Products mean unit(s) and software.
2.5 Unit(s) means e.g. point-of-sale terminals, payment card terminals, Self Check Out (SCO) terminals, hand-held terminals, mobile phones and other equipment which can also be termed hardware.
2.6 Software means standard software supplied by Fiftytwo or a third party as a software licence or as a program/an app to install on the Customer's unit(s) or, by subscription, on equipment made available by either Fiftytwo or the Customer. Further, software can be delivered as customer-specific adaptations for standard software developed by Fiftytwo or a third party.
2.7 Services mean one or more individual tasks performed as programming tasks or consultancy assistance carried out by one or more employees of Fiftytwo and invoiced according to actual time consumption or at a fixed price.
2.8 Subscription means an agreement between Fiftytwo and the Customer on continuous delivery of access to software for a pre-defined period in which Fiftytwo has the title in the software made available to the Customer and in which the Customer pays Fiftytwo on an ongoing basis for this access. A subscription may also be referred to as a cloud service.
2.9 In the Agreement, more services can be termed a project, in which also products can be included.
3. Permitted use and restrictions
3.1 The 52eSELLER SUITE software is licensed and not sold, and thus Fiftytwo has the title to the 52eSELLER SUITE software.
3.2 Under the 52eSELLER SUITE licence conditions in this licence agreement, the Customer has obtained a non-transferable, limited and non-exclusive right of use to use this 52eSELLER SUITE software on a unit. The 52eSELLER SUITE licence does not permit that the 52eSELLER SUITE software is found on more than one (1) unit at a time.
3.3 Under the 52eSELLER SUITE licence conditions of this licence, the Customer has a non-transferable, limited and non-exclusive licence to download 52eSELLER SUITE software updates that may be made available by Fiftytwo, to its unit, to update or restore software on all units owned or controlled by the Customer. The licence does not permit the Customer to update or restore software on units that the Customer does not control or own.
3.4 This agreement only gives the Customer certain rights to use the functions included in the licensed version of the 52eSELLER SUITE software. Fiftytwo reserves all other rights. The Customer must comply with all technical limitations in the 52eSELLER SUITE software which only permit that the Customer can use it in certain ways. The Customer or a third party on behalf of the Customer may not
3.4.1 Work outside the technical limitations in the 52eSELLER SUITE software
3.4.2 Make "reverse engineering", decompilation, separation or similar of the 52eSELLER SUITE software, unless and only to the extent that such acts are expressly and despite this limitation permitted under applicable law,
3.4.3 Make more copies of the 52eSELLER SUITE software than the number specified in this agreement or permitted under applicable law despite this limitation,
3.4.4 Publish the 52eSELLER SUITE software so that others can copy it
3.4.5 Sell, rent, lease, lend, further distribute or sub-license the 52eSELLER SUITE software or otherwise assign or transfer the licence right to the 52eSELLER SUITE software to a third party
3.4.6 Use the 52eSELLER SUITE software in connection with facility management, outsourcing, hosting etc.
3.5 The Customer is not entitled to copy the 52eSELLER SUITE software or parts thereof except for the copying necessary when installing the software. However, the customer is entitled to make security copies of the software delivered for backup or archiving purposes if this is necessary for the use. Copies made for backup or archiving purposes are also subject to these licence conditions.
3.6 If the Customer or a third party makes interventions or changes to the 52eSELLER SUITE software, Fiftytwo's obligations cease under these 52eSELLER SUITE licence conditions without notice, and Fiftytwo waives any responsibility for the consequences of such interventions or changes. Fiftytwo's remedies in breach remain unchanged.
3.7 The Customer accepts to use the Fiftytwo software in compliance with applicable Danish law, including local laws in the country or area in which the Customer resides or where the Customer downloads or uses the Fiftytwo software.
4. Software delivered by a third party
4.1 To the extent that Fiftytwo software obtains access to software delivered by a third party, Fiftytwo waives any express or implied obligation to provide technical or other support to such third-party software. The Customer must contact the relevant software supplier, producer or service provider directly to obtain technical support and customer service in relation to this software, service, website and/or products.
4.2 The Customer accepts to be subject to and to comply with all relevant conditions for the use of the service or other agreements concerning such third-party software when using the 52eSELLER SUITE software.
4.3 Fiftytwo is responsible to the Customer that the Fiftytwo software does not infringe the intellectual property rights of a third party. If legal proceedings are instituted against the Customer in which it is claimed that such infringement exists, the Customer is obliged to immediately notify Fiftytwo to that effect. Fiftytwo or the third party from whom Fiftytwo has a licence to the software will then take over the proceedings and the costs of the case, and Fiftytwo has an irrevocable authority to conduct litigation at its own expense or enter into a settlement agreement concerning the alleged infringements.
4.4 If a judgment is delivered or a settlement entered into under the claim of the third party, Fiftytwo is entitled, at its own discretion, either to provide the Customer with a right to continued use of the software or to stop the infringement by changing or replacing the software with other software which materially has the same functionality as the software which is replaced, or terminating the agreement at immediate notice against repaying the remuneration made by the Customer. In such case, the Customer cannot made further claims against Fiftytwo.
5. Maintenance
5.1 The Customer is obliged to review and test the software immediately after delivery. Until 30 days after delivery of the software, Fiftytwo is obliged to deliver a new copy of the software if a medium (e.g. a CD-ROM) is not legible.
5.2 As other software, the Fiftytwo software may contain inappropriateness or minor errors. Such minor errors and inappropriateness do not entitle the Customer to remedial work or other remedies for breach of contract. Fiftytwo will strive to correct all errors and any inappropriateness in subsequent versions of the 52eSELLER SUITE software.
5.3 If the Customer documents in writing that there is an initial error in the 52eSELLER SUITE software, which has an impact on the functionality of the 52eSELLER SUITE software as a whole or prevents the software from running, Fiftytwo is obliged, for up to two months after delivery of the software, at its own choice, either free of charge to deliver a new version of the software without the error, correct the error free of charge, or cancel the agreement wholly or partially and refund the received payment for the software against the Customer's return of all of the Customer's versions and copies of the software, including manuals and other related documentation etc. Instructions regarding business procedures or modes of application ("workarounds") are comparable with error correction, after which the error has no material impact on the Customer's use of the software. The Customer is then prevented to make further claims or remedies for defective performance against Fiftytwo.
5.4 The 52eSELLER SUITE software is licensed on an "as is" basis and without any other guarantees, obligations for remedial work or non-performance obligations than those stated above. Thus, Fiftytwo does not warrant that operation or running of the 52eSELLER SUITE software will be without interruptions or free of errors or that software errors can or will be corrected.
6. Intellectual property rights
6.1 Fiftytwo has the copyright and any other right in the Fiftytwo software delivered, including third-party software, or is entitled to sub-license it on behalf of a third party. The Customer must respect Fiftytwo's/third-party rights, and the Customer is responsible for any setting aside of these rights, including any unauthorised transfer of software to a third party.
6.2 The Customer is not entitled to break or change any security codes, and the Customer is not entitled to change or remove specifications in the software or on the units on which the software is delivered, concerning rights issues, trademarks etc. The Customer is obliged to ensure that the software and documentation are kept out of reach of a third party and that the software and documentation do not otherwise come into third-party possession.
7. Documentation and guidelines
7.1 To the extent it has been prepared, product descriptions and user guidelines for units and software can accompany the 52eSELLER SUITE software. If it is an assumption for the customer that this is available, Fiftytwo must be informed thereof in writing before submission of quotations for a delivery. It is the Customer's own responsibility that the material stored on Fiftytwo's servers adhere to the Danish legislation, including ethical rules.
8. Special conditions concerning third-party software
8.1 It is the Customer's own responsibility that the installed/stored third-party software on the servers is fully licensed and follows the licensing rules of the producers unless otherwise agreed in writing with Fiftytwo.
8.2 For certain server subscriptions it is Fiftytwo which handles licensing of the entire or parts of the installed/stored software. In such cases, the Customer will be informed of this circumstance when the agreement is concluded with Fiftytwo.
8.3 In the event of expiry of a server park subscription with Fiftytwo, it is for the Customer to de-install any rented software licensed through Fiftytwo before the server physically leaves the premises of Fiftytwo. Such software may not be used outside Fiftytwo's premises, and failing that, the Customer will be liable in damages to Fiftytwo and/or the producer.
8.4 In the event of any commencement of legal proceedings or claims from the producer against Fiftytwo, similar damages can be claimed from the Customer.
9. Special conditions concerning hosted D365 BC
9.1 In case of hosting of D365 BC (also known as Dynamics NAV or Navision) where the Customer rents the licence from Fiftytwo, it is for the Customer to inform Fiftytwo about all object, system, or table changes to the system which can influence the licence fee.
9.2 This includes changes made by any third-party suppliers. If the Customer has purchased its own dedicated server or uses its own purchased licences, this duty of disclosure lapses.
10. Special conditions concerning backup
10.1 Backup of software must be agreed separately with Fiftytwo. Unless otherwise agreed, backup of servers is made. It therefore rests with the Customer to have a comprehensive written agreement concerning the backup procedure if there are any special requirements for times for backup etc.
11. Disk space and traffic
11.1 The purpose of Fiftytwo's web hotels is not to function as an external hard disk or FTP archive for storage of data files such as zip, mp3, mpeg, avi, jpg etc., but to appear as a display/shopping space (eCommerce) for traders and private individuals. Hence, it is not permitted to have available large file archives for free download.
11.2 Generally, Fiftytwo permits any type of information which is not contrary to provisions in the Danish legislation – however, with the exception of pornographic or controversial material which may under no circumstances be found on Fiftytwo's web servers. Fiftytwo is always expert in the definition of the term "controversial material".
11.3 Traffic fees are calculated six months backwards concerning consumption in excess of 5 GB per month or according to individual agreement. The basis is the average consumption over a six-month period.
11.4 Used disk space in excess of the agreed consumption is invoiced according to consumption. The calculation is based on the maximally used space six months back. If no specific consumption has been agreed in the agreement, the basis is the quantity of disk space allocated to the said service in Fiftytwo's standard agreements.
12. Support of browsers
12.1 As a starting point, the 52eSELLER SUITE software is only supported by the newest version of the browsers Microsoft Edge, Google Chrome og Mozilla Firefox. This support thus only applies for the said time of the implementation of the 52eSELLER SUITE software. Customer-specific adaptations, including but not limited to, graphic designs or set-up, adjustments of the 52eSELLER SUITE software delivered by Fiftytwo, may thus cause unintended impact in other types of browser.
12.2 Unless otherwise agreed in writing, all customer-specific assignments, including estimates for jobs, are only supported by the newest version of the browsers Microsoft Edge, Google Chrome og Mozilla Firefox for the said time of the implementation of the customer-specific assignment.
13. Support
13.1 Support of the 52eSELLER SUITE software must be agreed separately with Fiftytwo. It therefore rests with the Customer to have a comprehensive written agreement concerning support if there is any request for such a service.
14. Termination
14.1 This licence for the 52eSELLER SUITE software is valid until terminated. The Customer's rights under this licence will automatically expire or otherwise cease without notice on the part of Fiftytwo if the Customer fails to comply with the 52eSELLER SUITE licence conditions of the agreement. When the agreement expires, the Customer must stop using the 52eSELLER SUITE software. Section 15, 16 and 17 of the agreement apply even if this licence to the 52eSELLER SUITE software is terminated.
15. No right of complaint
15.1 The customer accepts and agrees that – to the extent it is lawful – it is the Customer's own decision and at the Customer's risk to use the Fiftytwo software covered by this licence.
15.2 To the extent it is lawful, the Fiftytwo software and services are delivered on an "as is" basis, with all errors and no guarantee of function or other property. Fiftytwo hereby waives any warranty in connection with Fiftytwo software and services, including – but not limited to – any warranty for sound business practice, suitability for certain purposes and uninterrupted possession or any warranty that the rights of a third party are not infringed.
15.3 No oral or written information or advice from Fiftytwo or a person or company authorised by Fiftytwo can in any case replace the 52eSELLER SUITE licence terms in this licence.
16. Limitation of liability
16.1 Fiftytwo, its agents or managers are in no circumstances, nor in the case of negligence, liable in damages for accidental or special damage, consequential losses (including operational loss), destruction or loss of data, errors that entail that data cannot be sent or received, damage caused by IT virus, loss of goodwill, service outages or other damage or losses that may arise as a result of use/failure to use Fiftytwo software or third-party software or services to be used with Fiftytwo software, notwithstanding if Fiftytwo has been advised of the possibility of such damage. The exclusion or limitation of liability for personal injury and consequential losses, however, only applies to the extent that mandatory provisions do not prevent this. Fiftytwo's total liability in damages to the customer for any damage, loss or measures cannot exceed DKK 250,000.00. The above limitation of Fiftytwo's liability only applies to the extent that statutory provisions do not prevent this.
17. Entire agreement; language precedence
17.1 These 52eSELLER SUITE licence conditions constitute the only agreement between the Customer and Fiftytwo as regards the use of Fiftytwo software and supersede all former or existing agreements to that effect. No additions or amendments to these 52eSELLER SUITE licence conditions will be binding unless prepared in writing and signed by Fiftytwo. All translations of these 52eSELLER SUITE licence conditions are made due to local legal requirements, and in the case of discrepancy between the Danish version of the 52eSELLER SUITE licence conditions and the translated version, the Danish version is always the applicable one provided that this is not unlawful under applicable local law.