Terms of Service for Ebax Keycode
1. General Terms and Conditions
1.1 Ebax Oy ("Ebax") hereby grants to its’ customers ("Customer") a limited
licence to use Keycode service ("Keycode") in accordance with these General
Terms and Conditions (free licence and charged license) and in accordance with a
separate Charged licence agreement (charged licence), if any.
1.2 Keycode service is intended and designed to be administered by the users
("User") nominated and invited by a Customer. A Customer is always responsible
for the use of its’ Keycode account.
1.3 Using or abusing Keycode service or any of its’ separate functions or an
additional Keycode product or any other service marketed by Ebax or its’
resellers solely or in connection to any other application or service is
prohibited, if the purpose of this kind of use is solely or partly to utilize
Ebax’s products or any kind of immaterial rights in commercial intention without
Ebax’s prior written approval.
2. Substance and Immaterial Rights
2.1 All copyrights, trademark rights and possible other immaterial rights, if
any, in relation to Keycode service and its’ content ("Keycode data") belong
exclusively to Ebax or its’ licensors, if any. All immaterial rights in relation
to material or data entered to Keycode by a Customer shall remain the Customer’s
property. Ebax is, however, authorised to exploit this kind of material in R&D
provided that any confidential information is not disclosed to any third
parties.
2.2 Customer is granted a limited right to use and take advantage of Keycode for
his own purposes and in accordance with these General Terms and Conditions and
possible other agreement, if any, made between Ebax and Customer. Customer has
the right to generate Keycode codes and to use Keycode to administer Keycode
codes.
2.3 Customers or Users have no right to copy, save, transfer, distribute or in
any other way make publicly or privately available Keycode, any part of Keycode
or Keycode data without Ebax’s written approval unless separately agreed below.
2.4 Users have, within the limitations given in these General Terms and
Conditions to Customer and User, a right to use Keycode.
2.5 Keycode may include commercial information or links to web pages owned or
supported by third parties. Ebax shall not be held responsible for content or
products marketed on these web pages, if any.
3. Using Keycode
3.1 Customer commits theirselves to use Keycode only for generally accepted and
permissible purposes and without harming any third party copyrights. A Customer
is solely responsible for any possible malfeasance in relation to use of Keycode
by a Customer or a Customer’s User.
3.2 Ebax has a free right to prevent or remove a Customer’s right to use Keycode
without the Customer being entitled to any kind of compensation. Ebax may
execute this right bona fide at its’ consideration, for example, in a situation
where Customer’s action is causing or is imminent to cause any unjustified harm
or any damage to Ebax, Keycode or any third parties.
3.3 Customer may open as many user rights in Keycode it at each time needs. Ebax
shall grant each User a personal account and a password. A User agrees not to
disclose a password to any third party. A Customer and a User are both jointly
and separately responsible for the use of Keycode done on a Customer’s account.
Ebax shall bear no responsibility of any possible damage caused in this
relation.
3.4 The content and the substance of Keycode are produced by Ebax as it finds
suitable. Ebax has a free and unlimited right to amend the content, the
substance, the availability and possible requirements for hardware and software
needed for the use of Keycode any time.
3.5 Ebax gives information about possible significant changes in Keycode service
in the way it finds most suitable on Keycode service’s homepages or in another
way. The purpose of this is to enable a facile use of Keycode.
4 Warranties and Limitations of Liability
4.1 Keycode service is produced via commonly used solutions, which are currently
considered and accepted to be data secure. A back-up copy of all data saved in
Keycode is taken on a daily basis.
4.2 In relation to the free license of Keycode, Ebax does not give any kind of
guarantees, indemnifications or warranties. The service is provided as is and
Ebax does not guarantee that it will run ceaselessly or without defects. When
starting to use Keycode, Customer acknowledges and accepts aforesaid
limitations. Customer unconditionally and permanently waives the right to make
any claims against Ebax or its’ licensors based on Keycode or any consequences
in relation to use of Keycode or services in association or in a temporary or
final drop-out or interruption in the production of the Keycode service. Ebax
shall in no condition be liable for any direct, indirect, consequential or any
other kind of damage accrued to a Customer or to a third party in relation to
the use or end of the use of Keycode or services in association.
4.3 If data is lost due to a Customer’s own actions, a back-up fee in accordance
with Ebax price list is charged from the Customer on the re-creation of the
data-files. Ebax shall in no condition be liable for any loss of, damage to or
alteration of data or data files of the Customer or a third Party due to any
cause and in any relation to any possible resulting damages and possible
expenses incurred.
4.4 Ebax reserves the right to cease the Keycode and the services in association
due to, for example, technical amendments and modifications, services of data
network, changes in legislation or other official rules, or based on possible
other reasons judged by Ebax. However, Ebax shall use its’ endeavours to
minimize possible drop-outs and consequences thereto. Ebax may give information
about drop-outs known beforehand on Keycode homepages.
4.5 Ebax gives no warrants or guarantees of the functionality or applicability
of Keycode either in relation to Customer’s needs or in relation to
compatibility with any hardware or software used by Customer.
4.6 Customer is responsible for the equipment needed for using Keycode or
services in association. Customer acknowledges that the internet as an
operational environment may cause defects and data security risks into the use
of Keycode and therefore to the Customer using Keycode.
5 Applicable Law and Dispute resolution
5.1 These General Terms and Conditions and all matters arising out of or in
connection with them shall be interpreted, construed and governed exclusively in
accordance with the laws of Finland without reference to its choice of law
rules.
5.2 Ebax and Customer shall try to resolve any dispute or claim concerning or
related to Keycode by negotiations. In the event where a settlement cannot be
reached by means of negotiations, any dispute, controversy or claim arising out
of or relating to Keycode, or the breach, termination or validity thereof, shall
be primarily resolved in the district court of Helsinki (Helsingin
käräjäoikeus).
6. Terms and Alterations
6.1 These General Terms and Conditions shall become effective on the 1st
February 2011. Ebax reserves a non-limited right to amend or change these
General Terms and Conditions by notifying of an amendment or a change on Keycode
homepages. A Customer not accepting any possible amendment or change is obliged
to immediately cease the use of Keycode and services in association.
