Naxos IT Octopus

OCTOPUS ONLINE Terms of Service

Welcome to OCTOPUS ONLINE, owned and operated by NAXOS IT S.A. ("NAXOS").

The following are terms of a legal agreement between you and NAXOS IT S.A., 5 rue de l'anémone B-1180 Brussel, Belgium.

1. Description of Service.

OCTOPUS ONLINE service provides access to an application for managing your operations of micro finance. NAXOS hosts the server part of the application and the database needed to run the application. The client part is installed on the workstation of the user, who must meet certain hardware and software requirements. These requirements are documented on the website of OCTOPUS ONLINE. The responsibility for administering the database is up to the user via the administration interface provided by OCTOPUS ONLINE.

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by OCTOPUS ONLINE in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that OCTOPUS ONLINE will treat your use of the Services as acceptance of the Terms from that point onwards.

Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

Where OCTOPUS ONLINE has provided you with a translation of the French language version of the Terms, then you agree that the translation is provided for your convenience only and that the French language versions of the Terms will govern your relationship with OCTOPUS ONLINE.

If there is any contradiction between what the French language version of the Terms says and what a translation says, then the French language version shall take precedence.

4. Registration

When you register for OCTOPUS ONLINE, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

5. Provision of the Services by OCTOPUS ONLINE

OCTOPUS ONLINE is provided in beta version, for evaluation You acknowledge and agree that the form and nature of the Services which OCTOPUS ONLINE provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that OCTOPUS ONLINE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at OCTOPUS ONLINE's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform OCTOPUS ONLINE when you stop using the Services.

You acknowledge and agree that if OCTOPUS ONLINE disables access to your account, you may be prevented from accessing the Services, your account details or any data which is contained in your account.

You acknowledge and agree that while NAXOS IT may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by OCTOPUS ONLINE at any time, at OCTOPUS ONLINE's discretion.

6. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

Accordingly, you agree that you will be solely responsible to NAXOS IT for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify NAXOS immediately at info@naxosit.be

7. Privacy and your personal information

For information about OCTOPUS ONLINE's data protection practices, please read NAXOS's privacy policy at http://www.naxosit.be/privacy.html. This policy explains how NAXOS treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with NAXOS's privacy policies.

8. Content in the Services

You agree that you are solely responsible for (and that NAXOS has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which OCTOPUS ONLINE may suffer) by doing so.

9. License from OCTOPUS ONLINE- trial version

The service OCTOPUS ONLINE, property of NAXOS, uses, modifies and extends by new components the software OCTOPUS MICROFINANCE SUITE released under LGPL. The original sources of Octopus MicroFinance Suite before amendment by NAXOS IT can be obtained by writing to NAXOS IT.

NAXOS IT gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by OCTOPUS ONLINE as part of the Services as provided to you by OCTOPUS ONLINE (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by OCTOPUS ONLINE, in the manner permitted by the Terms and within the limits set for the trial version explained below

The license is granted for a limited duration from first use. This period is specified by NAXOS IT at the time of registration.

For a single registration to OCTOPUS ONLINE number of users that can access the database is limited to two.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Components of the Software owned by NAXOS, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by NAXOS IT, in writing.

Unless OCTOPUS ONLINE has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Content license from you

You retain copyright and any other rights you already hold in Content which you manage through OCTOPUS ONLINE.

11. Software updates

The Software which you use may automatically download and install updates from time to time from OCTOPUS ONLINE. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit OCTOPUS ONLINE to deliver these to you) as part of your use of the Services.

12. EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OCTOPUS ONLINE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, NAXOS IT, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NAXOS IT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

NAXOS IT SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH OCTOPUS ONLINE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE OCTOPUS ONLINE WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON OCTOPUS ONLINE'S LIABILITY TO YOU IN ARTICLE 13 ABOVE SHALL APPLY WHETHER OR NOT NAXOS IT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Changes to the Terms

NAXOS IT may make changes to the Terms of use of OCTOPUS ONLINE from time to time. When these changes are made OCTOPUS ONLINE will make a new copy of the Terms available at http://www.naxosit.be/octopus/showLicense.html .

You understand and agree that if you use OCTOPUS ONLINE after the date on which the Terms of use have changed, OCTOPUS ONLINE will treat your use as acceptance of the updated Terms.

15. General legal terms

The Terms, and your relationship with NAXOS IT under the Terms, shall be governed by the laws of Belgium without regard to its conflict of laws provisions. You and NAXOS IT agree to submit to the exclusive jurisdiction of the courts located within Belgium to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NAXOS IT shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.