This document contains CDP Technolgies AS's
- Section 1: EULA - End User License Agreement
Section 1: EULA - End User License Agreement
Last update 28th of June 2018
NOTICE TO USER:
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON:
- USE CONTAINED IN SECTION 2;
- TRANSFERABILITY IN SECTION 4;
- WARRANTY IN SECTION 6 AND 7;
- AND LIABILITY IN SECTION 8.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
(a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to:
(i) CDP Technologies or third party computer information or software;
(ii) related explanatory written materials or files ("Documentation"); and
(iii) icons, pictures and fonts; and
(b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by CDP Technologies (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by CDP Technologies.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"CDP Technologies" means CDP Technologies AS, Aalesund, Norway.
2. Software License
As long as you comply with the terms of this End User License Agreement (this "Agreement"), CDP Technologies grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.1. General Use
You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
2.2. Server Use and Distribution
2.2.1. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to using the Software:
(i) either directly or through commands, data or instructions from or to another computer or
(ii) for internal network, internet or web hosting services.
2.3. Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.4 No Modification
The binaries shall not be reverse engineered or modified.
3. Intellectual Property Rights
The Software and any copies that you are authorized by CDP Technologies to make are the intellectual property of and are owned by CDP Technologies.
The structure, organization and code of the Software are the valuable trade secrets and confidential information of CDP Technologies.
The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.
You may not copy the Software, except as set forth in Section 2 ("Software License").
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Unless specifically and expressly permitted by CDP Technologies, you agree not to modify, adapt or translate the Software.
You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested CDP Technologies to provide the information necessary to achieve such operability and CDP Technologies has not made such information available.
CDP Technologies has the right to impose reasonable conditions and to request a reasonable fee before providing such information.
Any information supplied by CDP Technologies or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
Requests for information should be directed to CDP Technologies.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names.
Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark.
Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by CDP Technologies.
You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein.
You may, however, transfer all your rights to Use the Software to another person or legal entity provided that:
(a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity;
(b) you retain no copies, including backups and copies stored on a computer; and
(c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number.
You may not rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use.
If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update.
You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update provided that:
- the Update and the previous version are installed on the same computer;
- the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer;
- and you acknowledge that any obligation CDP Technologies may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY
The Software is being delivered to you "AS IS" and CDP Technologies makes no warranty as to its use or performance.
CDP Technologies AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CDP Technologies AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Pre-release Product Additional Terms
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies.
To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict.
You acknowledge that the Software is a pre-release version, does not represent final product from CDP Technologies, and may contain bugs, errors and other problems that could cause system or other failures and data loss.
Consequently, the Pre-release Software is provided to you "AS-IS", and CDP Technologies disclaims any warranty or liability obligation to you of any kind.
WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, CDP Technologies's LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIVE DOLLARS (U.S. $5) IN TOTAL.
You acknowledge that CDP Technologies has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that CDP Technologies has no express or implied obligation to you to announce or introduce the Pre-release Software and that CDP Technologies may not introduce a product similar to or compatible with the Pre-release Software.
Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk.
During the term of this Agreement, if requested by CDP Technologies, you will provide feedback to CDP Technologies regarding testing and use of the Pre-release Software, including error or bug reports.
If you have been provided the Pre-release Software pursuant to a separate written agreement, you agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software.
Upon receipt of a later unreleased version of the Pre-release Software or release by CDP Technologies of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from CDP Technologies and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software.
Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for CDP Technologies's first commercial shipment of the publicly released (commercial) Software.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL CDP Technologies OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A CDP Technologies REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
CDP Technologies's AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
CDP Technologies is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact CDP Technologies.
9. Export Rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws").
In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Crimea Region of Ukraine, Iran, Syria, Sudan and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software.
All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.
This Agreement may only be modified by a writing signed by an authorized officer of CDP Technologies.
Updates may be licensed to you by CDP Technologies with additional or different terms.
This is the entire agreement between CDP Technologies and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
The CDP Technologies software products CDP Framework (sometimes referred to as CDP) and CDP Studio programs, libraries, objectcode, source code and documentation are the proprietary property of CDP Technologies AS, Aalesund, Norway (CDP Technologies).
The Trial / Evaluation Version of CDP Framework and CDP Studio, may not be used to create any commercial products.
The evaluation period is time limited and the product shall not be used after expiry date.
By purchasing a CDP Development License, the licensee acquires the rights to develop and distribute products linked with libraries delivered with CDP Technologies' CDP Framework or CDP Studio under the following conditions:
* The product is shipped as a binary image.
It is not permitted to ship linkable object files or library files containing any software components of CDP Technologies' CDP Framework or CDP Studio products.
* The product does not compete with any product produced by CDP Technologies to any degree.
In particular the product is not a software development product or library.
* Proof of a legitimate license is a unique CDP Technologies License Certificate issued by CDP Technologies.
The development licence is valid one year from issue date, or for as long as agreed between you and CDP Technologies.
* Binary images / applications resulting from usage of the CDP Framework or CDP Studio Development Tool, are not time limited but require a perpetual Runtime License file for each binary image / application. Such perpetual Runtime License files can be acquired from CDP Technologies.
* CDP Technologies may, on its own discretion, grant free or reduced priced licenses for non-commercial use of CDP Framework or CDP Studio. Binary images / applications resulting from usage of CDP Framework or CDP Studio licensed for non-commercial use are expressly forbidden to be used with the purpose of making profit. Users intending to use such binary images / applications with the purpose of making profit must acquire commercial perpetual Runtime Licenses from CDP Technologies.
* The license may at any one time be used only by one single developer.
* The software is sold "as is" without any warranty as to their performance, merchantability or fitness for any purpose.
The entire risk as to the quality and performance of the software is assumed by the licensee.
* In no event shall CDP Technologies or anyone else who has been involved in creation, production, or delivery of this software be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of this software, or arising out of breach of any warranty.
* The CDP Development License does NOT grant the right to copy and use any part of the CDP Framework or CDP Studio developer installation, including any of the included software tools, to non-licensed users or computers.
* By accepting this agreement, and unless otherwise agreed between you and CDP Technologies, CDP Technologies retains the right to use your company logos, trademarks and/or other relevant graphical and written material for physical and digital marketing purposes. Including, without limitation, such material may be used in web site references and content, product brochures and presentations, flyers, banners, etc.
THIRD-PARTY PRODUCTS INCLUDED IN THIS RELEASE:
The CDP Technologies' products CDP Framework and CDP Studio are using third party libraries in this release. For details and license information regarding those, see the CDP Framework and CDP Studio help system and/or \<CDPStudio-install-path>\Licenses\ThirdPartyLicenses\ / \<CDP-install-path>\Licenses\ThirdPartyLicenses\.
Last update 3rd of July 2019
CDP Technologies AS (CDP) is committed to protecting and respecting your privacy during your relationship with us.
Defined Term and meaning
- Meaning: Any Personal Data, and where relevant, any Special Categories of Personal Data.
* Personal Data
- Meaning: Any information relating to an identified or identifiable natural person; an identifiable person is one who can either be directly identified from the data or indirectly identified, e.g. if that information can be connected with other information.
* Data Subject
- Meaning: An identified or identifiable natural person whom the data is about.ProcessingAny handling of a Data Subject���s Personal Data including (but not limited to) the collection, storage, organising, disclosure, use and destruction of that Data.
* Special Categories of Personal Data
- Meaning: Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; Data concerning health or sex life and sexual orientation and; genetic data or biometric data.
- Meaning: The General Data Protection Regulation, which regulates the processing by an individual, a company or an organisation of personal data relating to individuals in the EU/EEC, cf. the Personal Data Act section 1.
3. WHAT DATA DO WE PROCESS ABOUT YOU?
Type of Personal Data and where it is obtained from
IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. No personal data are gathered at this stage.
- Obtained from: CDP���s website
Your personal details and contact details name, company, telephone number, and/or email address.
- Obtaned from
a) Your active input of personal data on our website for interest in CDP products or services or in connection with events, presentations etc.
b) Industry events and conferences
c) CDP seminars, conferences and training courses
d) Your contacting us via email or telephone
e) Regular correspondence and contact as part of our support channels
Your personal data in form of audiovisual data (photo, videorecordings etc.)
- Obtained from: Participation on CDP events, visits on CDP premisses
Your personal information regarding your interests and preferences about our products and services
- Obtained from: Your active input of information in questionnaires and your feedback on web, e-mail, telephone
Your personal information regarding contract, product licenses and invoicing details
- Obtained from: Conclusion of contract and/or issuing of licenses also for non-commercial users
Information regarding product download, product version and information regarding operating system and IP address
Obtained from: You downloading, upgrading product or services or using support services
Information regarding product crash
Obtained from: Your active consent for providing system information if a crash in the product was detected
Your personal details and contact details ��� name, company, telephone number, email address, and personal details provided via your CV and job application
- Obtained from: Job applications
We do not Process Special Categories of your Personal Data.
4. HOW LONG DO WE PROCESS YOUR DATA?
5. WHAT WE DO WITH THE INFORMATION WE GATHER
We use the information to provide CDP services and products to the customer. We also use the information to maintain relations and inform customers about CDP���s commercial interests and to inform and communicate information about CDP and its products and services. Information we gather in form of photos/videos from CDP events may also be used for marketing purposes, e.g. by uploading them to the CDP website.
The information is further used to:
a) enable CDP to develop products and services
b) enable CDP to provide support
c) enable CDP to customize marketing
d) analyze market trends
e) improve our publications and services
f) prevent and detect abuse of our services
g) manage customer relationships
h) enable CDP to invoice
i) handle orders
j) handle licenses
k) provide you with information about relevant products and services
Processing is necessary for the legitimate interests of CDP, cf. GDPR article 6.1 (f). The legitimate interests are commercial activity and marketing (sending news letters), and informing about current changes in CDP. In our view, this does not represent a risk for your rights and freedoms. We have made individual assessments of the processing in relation to the different purposes.
6. WHO ARE RECIPIENTS (OR CATEGORIES OF RECIPIENTS) OF THE PERSONAL DATA?
Your Personal Data may be sent to or may be accessed by the following recipients: CDP Technologies AS and CDP Technologies Estonia O��.
In all these instances, we have appropriate contractual and security measures in place to ensure that personal data is protected. Please contact us if you need any further information, cf. section 9.
7. YOUR RIGHTS IN RELATION TO OUR PROCESSING
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.
Cookies are small text files held on your computer, allowing us to give you the best possible visit to our website. You can delete or block cookies, but his might lead to some parts of our website not working properly. If you continue without changing your settings, we���ll assume that you are happy to receive cookies from this website.
Overview: Cookies in Use
Google Analytics and Google Tag manager is used on the web site. No other cookies is in use on this website.
9. CONTACT US
If you believe that your data protection rights have been breached by CDP, please let us know. You also have the right to lodge a complaint with Datatilsynet, the supervisory authority for data protection issues in Norway: https://www.datatilsynet.no We appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.
1. Right of access
You have the right to receive confirmation as to whether your Data is being Processed by us, as well as various other information relating to our use of your Data and copies of that information. You also have the right to request access to your Data which we are Processing.
2. Right to erasure
You have the right to request us to erase your Data.
We shall comply with your request without delay unless an exception to compliance applies, for example if the Data is required to establish, exercise or defend legal claims.
3. Right to object
You have the right to object to us Processing your Data. The relevant circumstances where you may invoke this right are where we are Processing your Data based on our legitimate interests. If you ask us to stop Processing your Data, we will stop Processing your Data unless we can demonstrate compelling grounds as to why the Processing should continue in accordance with data protection laws or, if the information is required to establish, exercise or defend legal claims.
4. Right to rectification
You have the right to make CDP correct any inaccurate personal data about you.
5. Right to restriction
You have the right to request that we restrict the Processing of your Data.
Where any exercise by you of your right to restriction, we will still hold the data but will not process it any further. However, we will process it the purpose of establishing, exercising or defending legal claims.
6. Right to Withdraw Consent
7. Right to data portability
You have the right request that you receive copies of the relevant Data provided by you in structured, standard machine-readable format and, where technically feasible, to request that this information is transmitted directly to another controller.
Last update 3rd of July 2019
CDP Technologies AS and CDP Technologies Estonia O��. (collectively referred to as CDP) are committed to protecting and respecting your privacy during your relationship with us.
CDP has a need to understand how the product is used and collecting telemetry data can provide this understanding. The collected data will be used to improve the product and user experience.
The telemetry is an opt-in feature and data is collected anonymously.
The telemetry collection applies to CDP Studio, CDP Framework and installer.
2. OPT-IN AND ANONYMITY
The data collection is an opt-in service and must be actively selected before any data is collected. The data collection may be de-activated at any time from CDP Studio tool settings.
The data is collected anonymously and no data that can identify a user is stored, e.g. no IP address, e-mail, machine id, user id etc is stored. No personal information like file names, folder names, project names is collected.
3. DATA COLLECTION AND USAGE
The data collected is environment data and usage data. Environment data is information about the CDP Studio and Framework versions, operating system, toolchains. The usage data is information about the use of different features, usage frequency and times.
The data is used by CDP to understand how users use our products. Examples of use is: are useful functions found and used, are examples and tutorial used, do users get stuck, are new features used, do users succeed in using the tools, how much time do user use the product, which targets are used.
The understanding is used in defining the product roadmap, how features can be improved and communicated, adapt communication to what users are looking for and need, what kind of advice can be offered etc.
4. DATA RETENTION
The data collected is anonymous and while CDP would like to delete user specific data, it would be effectively impossible to identify and delete the data due to the rules on how the data is collected.