coN'verter: Service Agreement

N'counter Service Agreement for coN'verter

Copyright (C) N'counter, 2015. All Rights Reserved. IBM SPSS format (*.sav) copyright (C) by IBM Corporation, Excel format (*.xlsx) copyright (C) by Microsoft Corporation, which have no affiliation with N'counter.

Publisher: N'counter, Binzstraße 8, 13189 Berlin Tel: +49 30 120 768 54-0 Fax: +49 30 120 768 54-9 info@ncounter.de www.ncounter.de

THIS “SOFTWARE AS A SERVICE” AGREEMENT (THE “AGREEMENT”) GOVERNS THE USE OF CON'VERTER (THE “SERVICE”). YOU ARE ADVISED TO READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BETWEEN YOU AND N'COUNTER (HEREIN REFERRED TO AS “US” OR “OUR” OR “WE”).

GENERAL DEFINITIONS

The Service is designated for conversion of SPSS files (.sav) to Excel format (.xlsx) and vice versa. The Service is a web application (Software as a Service). For more information, see our website.

RIGHTS GRANTED

In accordance with the terms herein, we grant to you and you accept from us, a non-exclusive, non-transferable, non-assignable right to use the Service subject to the terms of this Agreement.

These rights allow you to use the Service installed on a Server which is hosted by, or on behalf of, us. You acknowledge that we have no delivery obligation and will not ship copies of software associated with the Service to you. You agree that under this Agreement you do not acquire any license to use or receive copies of any such software outside the scope or duration of the Service provided under this Agreement.

OWNERSHIP AND RESTRICTIONS

This Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We shall retain title and all ownership rights to the Service and associated software.

You retain all ownership and intellectual property rights in and to your data. We retain all ownership and intellectual property rights to the Service and all associated software, including the right to modify the Service and grant (to) you the right to Use the Service.

You may not use any other third-party software to Access or Use the Service without our prior written consent.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures we may use to prevent or restrict access to the Service;

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except for when applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.

We reserve the right to alter or remove the Service at any time, for any reason, or for no reason at all.

USAGE AND SERVICE

You are responsible for all of your activity in connection with the Service.

You are required to keep your password and/or authentication key secret and make every reasonable effort to prevent unauthorized Use or Access of the Service by third-parties. You may not enable others to use the Service except as expressly permitted. You shall notify us immediately of any known or suspected breach of security.

During usage, the Service will collect some information, which is essential for the further development of the Service, associated software, and for security purposes, such as file size, file name, bug and crash reporting, response time, and other telemetry. However, no information about the file contents will be collected, analyzed, or saved. The files are converted in-memory and are immediately discarded, and no trace of the data remains on the Server. Your voluntary usage of the Service is confirmation that you have acknowledged and accepted this.

Should you detect any bugs in the Service, you are encouraged to report them to the N'counter Development Team at support@ncounter.de. You are also encouraged to send suggestions for the Service's improvements (performance, usability, or essential new features) at the above address.

FEES AND PAYMENT

We reserve the right to require payment of fees for certain features of the Service or the whole Service. Should you elect to acquire access to such features, you shall pay all applicable fees as described on our website in connection with such features. We reserve the right to change the price list and to institute new charges at any time.

LIMITATION OF LIABILITY

The Service is a robust and reliable tool for conversion of SPSS or Excel files, and vice versa. However, you are ultimately responsible for ensuring that the program's output is valid. We have put every effort into making the Service as secure and bug-free as possible, but the entire risk arising out of the use or performance of the service and documentation remains with you. We carry no responsibility for converted files that might contain errors, whether due to (possible) bugs in the program, or your own erroneous input into the Software. The Service is offered "as is" and “as available”, without warranties of any kind, expressed or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

We do not warrant that:

   The Service will be secure or available at any particular time or location;
   Will be uninterrupted or error-free;
   Any defects or errors will be corrected;
   The Service is free of viruses or other harmful components;
   The results of using the Service will meet your requirements or expectations;
   Any data output generated by the Service will be accurate, up-to-date, complete or reliable.

Good data-processing practices dictate that any service be thoroughly tested with non-critical data before relying upon it. You are explicitly advised to do so before operating with real data/projects. In using the Service, you explicitly assume the entire risk of using the Service.

To the maximum extent permitted by applicable law, in no event shall we and our suppliers, our distributors, or our affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of privacy, failure to meet any duty or pecuniary or other loss whatsoever) arising out of this agreement, the use of the Service, or the inability to use the Service, even if we have been advised of the possibility of such damages.

SOFTWARE AND HARDWARE REQUIREMENTS

You are solely responsible for all required software, hardware, network or internet access and computer equipment required to Use and Access the Service.

FINAL CLAUSE

While your acceptance of this Service Agreement is voluntary, nothing else can grant you permission to use the Service. Therefore, by using the Service or any output deriving from it, you indicate your acceptance of this Service Agreement and all its terms and conditions.

If any part of the Service Agreement is held invalid or unenforceable under any particular circumstance or local law, the remainder of the sections shall remain in full force and effect.

This agreement shall be governed by the laws of the Federal Republic of Germany.

We reserve the right, at our discretion, to revise this Service Agreement at any time and without prior notice, and such revision shall be effective immediately upon the posting of the revised Service Agreement at: http://helpdesk.ncounter.de.