GENERAL TERMS OF SERVICE VERTEX SYSTEMS OY

These General Terms of Service (“Terms”) apply between Vertex Systems Oy (“Vertex”) and the person using (“User”)
the services and applications offered by Vertex(“Offerings”). The Terms are binding between Vertex and the User (together “Parties”).

ACCEPTANCE
By accessing or using the Offerings of Vertex the User agrees to these Terms. The User declares to have read and agrees to the Privacy Statements of Vertex. The User declares to have read and agrees to the Cookies policy of Vertex.

These Terms govern the User’s access and use of Vertex Offerings.

INTELLECTUAL PROPERTY
The Offerings and their original content, features and functionality are and will remain the exclusive property of Vertex.

USING VERTEX OFFERINGS
The User warranties that he/she is 18 years of age and therefore has full legal capacity to enter into binding contracts. The User warranties that the information provided at registration or when creating an account, is accurate and complete. If the User creates and account on behalf of a company, organization or other legal entity (“Entity”), such Entity shall also be considered to be a User. When creating an account and agreeing to be bound by the Terms, the User warrants having legal representation and authorization to agree to the Terms on behalf of the Entity.

DISCLAIMER
The Offerings and their content are provided on an “as is” and “as available” basis, without any warranty of any kind whether express or implied. The User uses the Offerings at their own risk. VERTEX SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VERTEX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VERTEX OFFERING, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, except those arising from binding law.

TERMINATION
Should the User act contrary to the letter or the spirit of these Terms, or otherwise create risk of legal exposure for Vertex, Vertex may, stop providing Offerings to the User, with immediate effect. Vertex reserves the right to, at any time and at their discretion, with or without cause or notice, to terminate or suspend the license or Offerings to the User. The User shall continue to be bound by the provisions of these Terms even after termination.

ADDITIONAL TERMS
Vertex reserves the right to determine the form and means of providing notifications to the User. The User agrees to receive legal notices electronically, if necessary. Vertex reserves the right to revise the Terms from time to time and the most current version will be that posted on the Vertex website. By continuing to use the Offerings the User accepts and agrees to the content of the revised Terms. If the User at any time does not agree to the current Terms, The User should cease using the Offerings and close their account.

TRIAL VERSION

Vertex may make available or deliver Offerings (or features of an Offering) labelled or offered as “not for resale,” “free,” “evaluation,” “trial,” “pre-release,” “beta” or another similar designation (collectively, “Trial Versions”). The User may download, install, access or use Trial Versions only during the period and for the trial, as expressly permitted by Vertex.

Trial Versions shall be subject to the following terms: (i) the subscription period for the Trial Version will be limited to 30 days, (ii) use will be limited to non-commercial evaluation purposes with no rights to make available or distribute the Trial Version to any third party, and (iii) use will be only by the User (“Special Terms”).

Notwithstanding anything contained in these Terms or Special Terms or anywhere else, (a) Vertex makes no commitments with respect to Trial Versions regarding any features, functions, service levels or data and provides no warranties of any kind with respect to Trial Versions, (b) Vertex may choose not to generally release any Trial Versions or convert any Trial Version into a product offering, and (c) Trial Versions may contain code that is not fully tested, including errors and faults that may cause total data loss or system failure. Vertex reserves the right, without any further notice, to end any Trial Versions at any time.

 GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Finland without regard to its conflict of law provisions.

NO WAIVER

Should Vertex fail to enforce any right or provision of these Terms, this shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

CONTACT INFORMATION

For questions and information about these Terms, please contact us at info[a]vertex.fi or alternatively at Vertex Systems Oy, Vaajakatu 9, 33720 Tampere, Finland.

Dated March 15th, 2019