OPAL: Goal Based Planning Sandbox

App Terms and Conditions##General Terms & Conditions##ORTEC FINANCE B.V.##OPAL: Goal-Based Planning Sandbox (OPAL App)######1. Grant of Licence##1.1 Ortec Finance B.V. grants the user a limited, non-exclusive and non-transferable licence to use, for the standard Salesforce trial period of one month, the OPAL App subject to these Terms and Conditions (“Licence”).##1.2 The user has no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the OPAL App in whole or in part.##1.3 Ortec Finance B.V. retains the right to, at any time and without cause, revoke the License.##1.4 The user shall not allow the OPAL App to become the subject of any charge, lien or encumbrance.##2. Security and control##2.1 The User shall during the continuance of the Licence effect and maintain adequate security measures to safeguard the OPAL App from access or use by any unauthorised person.##3. Proprietary rights##3.1 The OPAL App and the Intellectual Property Rights of whatever nature in the OPAL App are and shall remain the property of Ortec Finance B.V.##3.2 The User shall notify Ortec Finance B.V. immediately if the User becomes aware of any unauthorised use of the whole or any part of the OPAL App by any person.##3.3 The User is not permitted to remove or modify any indication of copyrights, brands, trade names or other Intellectual Property Rights from the OPAL App or other materials##4. WARRANTY DISCLAIMER##ORTEC FINANCE B.V. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE QUALITY OR CONDITION OF THE OPAL App, AND ORTEC FINANCE B.V. HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NEED, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.##5. LIMITATION OF LIABILITY##TO THE EXTENT PERMITTED BY APPLICABLE LAW ORTEC FINANCE B.V. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOST DATA, OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS USE OF OPAL FOR SALESFORCE APP HOWEVER CAUSED, EVEN IF ORTEC FINANCE B.V. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.##6. Licence after trial period##In case the user wants to proceed to use the OPAL App after the standard Salesforce trial period of one month, the user will sign a separate licence agreement produced and supplied by Ortec Finance B.V.##7. Governing law, jurisdiction and Dispute Resolution##7.1 The Terms & Conditions are governed by, and construed in accordance with, the laws of the Netherlands.##7.2 Any dispute between the parties shall exclusively be brought before a competent court in the Netherlands.