This lincense agreement henceforth ("EULA") is a legal agreement between the licensed owner (individual or legal institution) (the "LICENSOR") and VIVAINTRA.COM LTDA, private legal institution registred under the CNPJ number: 22.207.384/0001-50, based at Comendador Franco Avenue, n 1341 in FIEP Campus C2I, at Jardim Botanico, ZIP Code: 80.215-090 Curitiba, Paraná - Brazil, (the "LICENSOR") for the usage of the computer program denominated VIVAINTRA, made available before this act by the LICENSOR (the "SOFTWARE") for a determined period of time, allows the other part to become a LICENSED owner of the SOFTWARE, which includes the computer program and may also include the associated means, whichever printed material and any documentation "online" or eletronic. When using the SOFTWARE, disregard of the fact that it is whether partially of for testing purposes the licensed owner will become entailed to the EULA terms, agreeing with all the statements therewithin, and primarily APPROVING THE ACCESS, COLLECTION, USE, STORAGE, TREATMENT AND PROTECTION TECHNIQUES TO THE LICENCED owner´s INFORMATION so that it can fully execute all the functionalities offered by the SOFTWARE. Should you not agree to any of the statements herewithin, the usage of the SOFTWARE shall be immediately terminated.
The LICENSED owner is not given by this contract any rights to the intelectual properties or any other exclusive rights, including patents, drawings, brands, copyrights or rights to confidential or business secrecy information, about or related to the SOFTWARE or any parts of it. The LICENSED owner is also not given any rights about or related to the SOFTWARE or any components of it, besides the rights which are granted in this EULA or in any other contract reciprocally agreed in a written form, which the LICENSOR may have with the LICENSED owner. Whichever rights not clearly conceded within this contract will be seen as private. It will also be a private property of the LICENSOR any content made available on the webpage, including, not only texts, graphics, images, logos, icons, photographs, editorial content softwares or any other material.
O LICENCIADO declara ter ciência dos direitos e obrigações decorrentes do presente EULA, constituindo este instrumento o acordo completo entre as partes. Declara, ainda, ter lido, compreendido e aceito todos os termos e condições. O LICENCIADO declara que foi devidamente informado da política de confidencialidade e ambientes de proteção de informações confidenciais, dados pessoais e registros de acesso, consentindo livre e expressamente às ações de coleta, uso, armazenamento e tratamento das referidas informações e dados. O LICENCIADO declara estar ciente de que as operações que corresponderem à aceitação do presente EULA, de determinadas opções, bem como de rescisão e demais alterações, serão registradas nos bancos de dados da LICENCIANTE, juntamente com a data e hora em que o aceite foi manifestado pelo LICENCIADO, podendo tal informação ser utilizada como prova, independentemente de outra formalidade. O LICENCIADO declara ainda que está ciente que para que usufrua de algumas das funcionalidades do SOFTWARE terá que disponibilizar INFORMAÇÕES para que o SOFTWARE, automatizadamente, colete informações diretamente nos sites e/ou outros meios virtuais das instituições financeiras, sendo a LICENCIANTE, neste caso, representante e mandatária do LICENCIADO nestes atos.
Subject to the terms and conditions of this contract, this EULA condendes to the LICENSED owner a revocable license, non-exclusive and untransferable to use the SOFTWARE. The LICENSED owner can not as well as will not be allowed to use the SOFTWARE for any other end, except the proccessing of his/her data or of private institutions indicated at the registration act, observing the limits established in this EULA. This license doen not give the LICENSED owner the permission to access other softwares besides the one which can be found in the SOFTWARE. IN no circumstances the LICENSED owner will have access to the licensed SOFTWARE source code, as it is an intelectual property of the LICENSOR.
In no circumstances it is allowed to the Licensed owner or third parts, to:
a. Copying, conceding, under licensing, giving for rent or as a guarantee, donate, alienate by any means, transfer totally or partially, under any modality, gratuitous or onerously, provisory or permanently, the SOFTWARE of this EULA, as well as its modules, parts, manuals or any information related to it;
b. Remove or alterate, totally or partially, the rights reserved notifications which are found in the SOFTWARE or documentation;
c. To perform reverse-engineering, decompilation or SOFTWARE dismanting.
This EULA stands from the moment the licensed owner accepts it until undetermined period.
The Licensed owner must pay the Licensor, the value of the respective chosen plan, accordingly to the defined periodicity amongst the payment options made available to the Licensed owner at the moment of the service hiring.
In case the Licensed owners, during the period of validity of this contract, opt for another licensing plan, the values will be updated according to the respective chosen plan.
The non payment at the determined deadlines will incurr in the SOFTWARE access stay until pendencies are regularized.
In case the stay takes longer than 30 (thirty) days, the Licensor may fully remove the data launched to the SOFWARE to the Licensed owner.
The stabilished values at the moment of the SOFTWARE licensing will be updated annually or at the shortest period legally allowed by IGPM-FGV accumulated in that period, or in case of extinction of such index, of another index that replaces it.
After the suspension to the SOFTWARE access, the Licensor will mantain the Licensed owner data launched on it for the period of 30 (thirty) day, During this period of time, the LIcensor will make the Licensed owner data available to be extracted from the SOFTWARE in .csv. format.
After 30 (thirty days) of the contract suspnsion, every LICENSED owner detail, including the your personnel enlisted within the LICENSOR, will be permanently excluded from our database, whether these were removed or not by the LICENSED owner.
The LICENSED OWNER is obliged herewith to:
a. Mantain trained personnel to operate the SOFTWARE and to perform the communication with the LICENSOR and to provide, whenever issues with the SOFTWARE occur, all the documentation, reports and other information that report the circumstances in which the issues occurred, aiming to facilitate and make the labours agile;
b. Mantain, by its own expenses, a communication line, router, communication software, email address and other resources necessary to the communication with the LICENSOR;
c. Be responsible for the details inserted in the SOFTWARE, registrations, permits, passwords and utilization of the service by its users. The LICENSOR in no circumstances will be responsible for this content (details, passwords, data backup, etc) in the SOFTWARE, in a way that such information will never be reviewed. The liability for the SOFWTARE information is always of the LICENSED owner.
d. Certify that he/she is not forbidden by law or any other contracts to forward PERSONAL OR ACCOUNT INFORMATION, as well as any other data to the LICENSOR, necessary for the execution of the service offered through the EULA.
e. Do not use the SOFTWARE in a way that can result in illicit, infration, violation of rights or damages to the LICENSOR or third parts.
f. Do not post, send or transmit any files which may contain viruses, worms, trojan horses or any other program that can contamine, destroy or interfere with the functioning of the SOFTWARE.
g. Inform the LICENSOR whenever there is any type of change to the information which can hinder, restrict or harm the access to the INFORMATION necessary to the execution of the fuctionalities offered by the SOFTWARE.
h. In case the LICENSED owner assumes that his/her login password has been stolen, or are known to other persons, by any reasons, must immediately communicate the LICENSOR, without any losses to the password change through the webpage.
The LICENSOR is obliged herewith to:
a. The LICENSOR guarantee to the LICENSED owner that the SOFTWARE must function well, as long as the use conditions defined herewith are folowed. In the occurrence of pragramming failures ("bugs"); the LICENSOR obliges itself to fix such failures, being allowed to replace the faulty copies by fixed ones;
b. Provide, in a continuos action to the acceptance of the EULA, SOFTAWARE access until the end of the contract;
c. Suspend the access to the SOFTWARE which is disrespecting the content rules found herewith or any legal norms at the end of the contracted period, regardless of previous notification;
d. Change the specifications and/or chracteristics of the licensed SOFTWARES for the improvement and/or correction of errors;
e. Give access to the support service performed from 09:00h to 12:00 and from 14:00 to 18:00 (BT) via chatline, through email (firstname.lastname@example.org) ou via telephone: 41 4042-3394, for doubt clarification of non-functional order directly related to SOFTWARE issues.
f. Mantain the LICENSED owner data, as well as access registrations non-disclosed, being that the referred data will be kept in a safe environment, respecting the intimacy, privacy, honor and image of the LICENSED owner, according to the law nº 12.965/2014
10.1. The LICENSOR will perform commecially reasonable efforts to make the SOFTWARE availablw, at least 99,5% (ninety-nine point five percent) of the time, during a years service.
a. For operation failure, system operation by non-authorized persons or any other reason for which the LICENSOR does not take liability;
b. For the fulfillment of the legal deadlines of the LICENSED owner to deliver fiscal documents or tax payment;
c. For damages or losses resulting from managerial, administrative or commercial decisions taken based on the data provided by the SOFTWARE and;
d. For issues defined as "fortuitous events" or of "major force" contemplated by the Article 393, of the Brazil Civil Code.
e. For possible issues originating from third part actions which can interfere with the service quality.
The LICENSOR reserves the right of retaking the SOFTWARE, object of this EULA in the cases in which the LICENSED owner used the SOFTAWARE in a diverse manner other than the one stipulated in the contract.
According to the maximum extention permitted by the law in existance in Brazil, the SOFTWARE is provided in the form it is found and according to availability alongside with possible flaws and without any type of guarantee.
The LICENSOR can not guarantee that the functionalities contained in the software will meet your needs, that the SOFTWARE operation will run without breakings or free of errors, that all services will be available, that the faults in the SOFTAWARE will be correct or that the softaware will be compatible or run with any SOFTWARE, applocations or third-part services.
Besides that, the LICENSED owner recognizes that the SOFTWARE must not be used or are not adequate to be used in environments at which, failures or delays, errors or content innacuracies,data or information given by the SOFTWARE may lead to death, personal, physical or environmental severe damage, including, but not being limited to nuclear plants, browsing systems or aeronaltical communication, air traffic control, vital assistance systems or belic.
In any circumstances, will the LICENSOR be liable for personal harm or any incidental loss, special, indirectly or consequent, including without limitation, losses due to profif decrease or data loss, failure in transmitting or receiving data, business closure, or any other type of commercial loss, resulting from or related to your use or incapacity of using the software, or any other reasons. At no circumstances, will the LICENSOR´s liability in relation to the LICENSED, owner regarding damages, exceed the amount of money payed to the LICENSOR for the acquisition of the SOFTWARE in use.
Free, express and informed consent to access the confidential data and personal information.
When the LICENSED owner agrees to use the SOFWARE, besides agreeing fully to the EULA, he/she also consents freely and fully, that the LICENSOR collects, uses, stores and run the treatment of such details, including personal data, which are mandatory so that the hired service can be performed in full.
To that, the LICENSED owner consets fully and freely to provide the information which allow access to its data, so that the SOFTWARE can carry out all the function to which it was projected.
Yet, the LICENSED owner declares and recognizes that for the services and functionalities provided by the SOFTWARE the LICENSOR will access the COMPANY´s DETAILS directly on the webpage or any other virtual means of finnancial institutions, without making any emulation of the security measures, using only the PERSONAL and ACOOUNT DETAILS, as well as any other that may be required, provided by the LICENSED owner through authorization.
The Licensed owner, through this EULA and providing the COMPANY´S INFORMATION, allows and fully consent that the LICENSOR accesses his/her data as authorised representative.
The LICENSED owners consents that when he/she accesses the LICENSOR´s webpage, we may collect technical browsing data, such as the type of browser used by the machine, address, Internet Protocol, visited pages and average time spent on our webpage. Such data may be used to orientate by the LICENSED owner him/herself and to improve the offered services.
The LICENSED owner consent freely and fully that his/her INFORMATION may be transfered to third parts as a consequence of sale, acquisition, merging, corporate reorganization or any other change in the LICENSOR´s controlling. Nevertheless, the LICENSOR promises to notificate the LICENSED owner in such cases.
The LICENSED owner consents freely and fully that the LICENSOR utilizes cookies only to control the audience and the browsing of your webpage, as well as to enable the identification of segmented and customized services to the LICENSED owner profile. The LICENSOR guarantees that the information collected through cookies are statistical and not personal, as well as that we will not use them for other purposes rather than the ones stated in the EULA, commiting ourselves to adopt all necessary measures to avoid the access or use of such information by any third parts, without previous authorization.
The LICENSED owner may at any time end this contract, as long as he/she inform the LICENSOR through an specific written notification, being that he/she will still have to pay any remaining bills related to the services provided in the contract, if existent. For the antecipated licensing plans payments, in case the LICENSED owner decides to extinguish the contract before the end of the period for which it was sealed, there will be a 50% (fitty per cent) reimbursiment of the remaing contract credit balance. The other half will be used to cover operational costs caused by the antecipated cancelling.
In the case of rescission of this contract, the personal, banking, financial and other LICENSED owner information will stay available according to clause 7 of this term, being permanently excluded after 30 (thirty) days after the date of rescission.
a. The LICENSED owner is not allowed to service any third part through the utilization of this LICENSOR´s SOFTWARE without previous and written authorization issued by us. The SOFTWARE use authorization is provided via corporative email account. Thus, our SOFTWARE can not run on a multi-company regime, in a way that each different legal entity will have to acquire its own software;
b. In case the LICENSED owner decides to develop a new module or product in a way it can be characterized as a copy, fully or partially, whether it is a data dictionary or program, they will be considered as part of the software provided by the LICENSOR, so that such property will be incorporated by the LICENSOR and their use conditionated to the contractual clauses;
c. This EULA obliges the parts involved herewith and their sucessors that only the LICENSED owner does not have an exclusive permit to use the SOFTWARE, so that he/she is not allowed to tranfer the rights and obligations stated in the contract. Such limitation however, does not apply to the LICENSOR, which can at any time cede, fully or patially, the rights and obligations stated in this EULA;
d. The tolarance of one of the parts towards the other regarding the non-fulfillment of any of the obligations assumed in this contract will not imply in renewal or resignation of rights. The tolerant part may, at any time, demand from the other part the trustworthy and cabal execution of this contract;
e. The non-compliance to the obligations contracted herewith due to the occurence of happenings that are independent to the parts, such as the ones which set the scenary to fortuitous events and those of a major force, anticipated in the article 393 of Brazil Civil Code;
f. Should any of the statements of this EULA be considered invalid, cancellable or inoperative, no other statement of this EULA shall be affected as consequence and therefore, the remaining statements will be kept unchangeable, regardlessly any invalid, cancellable or inoperative staement that may arise from this contract;
g. The LICENSED owner agrees that the LICENSOR may disclose the end of the contract for commercial ends, mentioning the name and the brand of the LICENSED owner in commercial campaigns, being also allowed to post messages sent in a written or spoken manner, by telephone, to be used on webpages, newspapers, magazines and other campaigns, for as long as this EULA lasts. The LICENSED owner agrees likewise to receive notifications via email about trainings, partnerships and campaigns related to the SOFTWARE;
h. By doing it, the LICENSED owner fully allows the LICENSOR to collect and use its technical and operational data found in the SOFTWARE, for studies and improvement ends.
i. At any time and without the the need of previous contact, the Licensor is allowed to:
a. Bring to an end, modify or suspend, totally or partially, the LICENSED owner access to the SOFTWARE, when the referred access or registration violates the conditions stablished in the Terms os Use;
c. Add, remove or modify the Content offered by the webpage.
j. The LICENSOR can also, suspend, modify or end the SOFTWARE activities, following a previous notification to the LICENSED owner, offering means and alternatives for extracting the data, except in the hypothesis of fortuitous or of a major force events.
j. The LICENSOR may, through notification sent to the LICENSED owner email, which is indicated in the contract, or by a notification on our webpage, define the prices for the offering of specific contents and/or services, despite of the fact that such services may have been initially offered for free, being the usage of those, following the referred notification, considered as an agreement by the LICENSED owner with the prices.
The EULA will be conducted, interpretated and subjected to the Brazilain laws and, in case of a default on the hired obligations, LICENSED owner and LICENSOR, elect irrevocably the court of the city of Curitiba in the State of Parana for elucidating any doubts or controversies of this CONTRACT, with the exception of any other court however privileged it can be.
a. The terms mentioned in this contract must be interpretated and used according eith the definitions below, whether it is expressed in a singular or plural form:
b. Personal Info: name, address, date of birth, telephone number, facsimile, email, personal document numbers, etc.
c. Personal information: Any information made available by the Licensed owner, which can help in the identification of his/her, such as: name, address, date of birth, telephone numbers, facsimile, email, personal document numbers, etc.
d. Data: Herewith understood as the Licensed owner´s data related to personal, financial and account info.
e. Licensed owner: individual or corporation, with plain capacity of hiring, which accesses the LICENSOR´s SOFTWARE through this webpage, by registering with us, agreeing with the EULA terms and making use of the offered functionalities.
f. Software: It is an exclusive property owned by the LICENSOR, which functionalities and services are made available on our website, through which the FinanciaL Information of the LICENSED owner will be provided directly by him/her or collected directly from financial institution in an automatized manner
Curitiba, 27 de Abril de 2015.