PlanogramBuilder Contractual Conditions

1. Contractual Conditions Applicability
  1. The following terms and conditions apply for all product versions of PlanogramBuilder.
  2. The following terms and conditions can be modified at any time and without prior notice by zVisuel SA .
2. Subscription License Terms
  1. PlanogramBuilder subscription licenses are subscription services which provide purchasing users the right to use the PlanogramBuilder software and accompanying services, as listed on http://www.planogrambuilder.com/licensesubscription.html.
  2. Subscription licenses must be purchased from zVisuel SA and cannot be purchased from any other organization.
  3. Subscription licenses are limited to the number of users and the period of time specified in the client order.
  4. Subscription licenses periods start at the time the software is set up and available to the client. This usually occurs within two business days after order time. zVisuel SA communicates the subscription dates to the client as soon as the license starts.
3. Owner Rights & Copyrights
  1. zVisuel SA is considered the author of the PlanogramBuilder software application according to intellectual property laws.
  2. zVisuel SA grants the client the non exclusive rights to access and use the software for the period of time covered by the subscription license.
  3. zVisuel SA delivers only executable software objects and not the source code of the developments which remain the exclusive property of zVisuel SA.
  4. PlanogramBuilder comes with a database where the client can store and access their product line information. The content of the database is the property of the client, who is responsible for adding, removing and modifying this content. The database typically includes front images of products, 3D models, products dimensions and other metadata like product name, brand, brandline, EAN codes. Geographically, time and application wise, all rights for the database content are exclusively reserved for the client. zVisuel is not allowed to re-sell or re-use the content without written permission from the client.
4. Warranty & Limitation of Liability
  1. The software developments of zVisuel are guaranteed 6 months against programming or design errors from their time of reception by the client.
  2. The warranty is limited to proper usage of the software, in particular respect of the system requirements, as defined on http://www.planogrambuilder.com/systemrequirements.html.
  3. The warranty does not cover dysfunctions which may occur as a result of events outside zVisuel's control, such as lack of internet connectivity or poor internet connectivity at a client's site.
5. Pricing & Payment conditions
  1. All prices are specified and payable in US dollars.
  2. Pricing can be calculated online on http://www.planogrambuilder.com/pricingordering.html.
  3. Pricing can be changed without notice by zVisuel SA.
  4. 8% VAT is applicable for buyers residing in Switzerland. VAT is not applicable to residents of other countries.
  5. License subscription fees are due 30 days after the beginning of the license period.
6. Privacy Protection
  1. zVisuel SA stores information regarding its PlanogramBuilder clients and users for internal use.
  2. zVisuel SA does not share or make available to third parties any of the clients' information without their agreement.
7. Legal Jurisdiction
  1. zVisuel SA PlanogramBuilder contractual conditions abide to the laws in effect in Lausanne, Switzerland, its legal place of operation.
8. Revision Date
  1. February 24, 2012



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