Terms and Conditions (Obtain Message Gateway)

 

Welcome to Obtain Message Gateway, a software solution developed by Obtain ApS. This document, the Terms and Conditions (“Terms”), outlines the rules and regulations for the use of Obtain Message Gateway. These Terms apply in full force and effect to your use of this software and by using Obtain Message Gateway, you expressly accept all terms and conditions contained herein in full. If you disagree with these Terms or any part of these Terms, you must not use Obtain Message Gateway. Obtain Message Gateway is designed to work with Microsoft Dynamics 365 Finance and Supply Chain Management and is distributed through Microsoft Marketplace. Obtain ApS is a Danish software company serving both Danish and international customers. Please read these Terms carefully before downloading or using Obtain Message Gateway. Your access to and use of the software is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the software. By accessing or using Obtain Message Gateway you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the software.

 

1. Acceptance of Terms

By downloading or using Obtain Message Gateway, you agree to these terms and conditions (“Terms”). If you do not agree to these Terms, you must not use Obtain Message Gateway.

 

2. Changes

Obtain ApS reserves the right to modify these Terms at any time without prior notice. You should review these Terms periodically to ensure familiarity with the most current version. Your continued use of Obtain Message Gateway following the posting of any changes to these Terms will mean that you accept those changes. These changes may involve features of the software, user interface, procedures, or any other aspect of Obtain Message Gateway.

 

3. Use of License

Obtain Message Gateway grants you a limited, non-exclusive, non-transferable license to use the software for personal and/or commercial use. This license does not allow you to modify, distribute, or create derivative works based on the software. You agree not to use the software in any manner that is unlawful or prohibited by these terms, conditions, and notices. You may not use the software in any manner that could damage, disable, overburden, or impair any Obtain ApS server, or the network(s) connected to any Obtain ApS server.

 

4. Disclaimer

The software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Obtain ApS or its suppliers be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

 

5. Limitations

In no event shall Obtain ApS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Obtain Message Gateway’s website, even if Obtain ApS or a Obtain ApS authorized representative has been notified orally or in writing of the possibility of such damage.

 

6. Revisions and Errata

The materials appearing on Obtain Message Gateway could include technical, typographical, or photographic errors. Obtain ApS does not warrant that any of the materials on Obtain Message Gateway are accurate, complete, or current. Obtain ApS may make changes to the materials contained on Obtain Message Gateway at any time without notice. However, Obtain ApS does not make any commitment to update the materials.

 

7. Confidential Information

You agree not to disclose information you obtain from us and or from our clients, advertisers, and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Obtain ApS. Such customer information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

 

8. Intellectual Property Rights

All copyrights, trademarks, patents, design rights, and other intellectual property rights (registered and unregistered) in and on Obtain Message Gateway belong to Obtain ApS and/or its partners or applicable third parties. Obtain ApS reserves all of its rights in the software. Nothing in the Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by Obtain ApS or any other third party except as expressly provided in the Terms.

 

9. Force Majeure

Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. In the event of any such delay, any applicable period of time for action by said party may be deferred for a period equal to the time of such delay.

 

10. Termination and Discontinuation

Obtain ApS reserves the right at any time to modify, suspend, or discontinue providing the Obtain Message Gateway or any part thereof in its sole discretion with or without notice.

Furthermore, Obtain ApS reserves the right to refuse any user access to Obtain Message Gateway without notice for any reason, including but not limited to, a breach of the Terms.

If you violate these Terms, Obtain ApS reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the software. You agree that Obtain ApS need not provide you notice before terminating or suspending your account(s), but it may do so.

Obtain ApS reserves the right to deny, in its sole discretion, any user access to Obtain Message Gateway or any portion thereof without notice.

 

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions. This means that these Terms will be interpreted under the laws of Denmark, and any disputes relating to these Terms will be resolved according to Danish law.

You agree to submit to the personal jurisdiction of the courts located within Denmark for the purpose of litigating all such claims or disputes. This means that if there is a dispute that ends up in court, it will be resolved in a court located in Denmark, and you agree to this location for the resolution of all disputes.

Please note that this section does not preclude the enforcement of any rights in any court of competent jurisdiction, including the jurisdiction in which you reside. This means that, while we agree to resolve disputes in Denmark, Obtain ApS can still enforce its rights in a court of law that has jurisdiction over the dispute, which could include the jurisdiction in which you reside.