End User License Agreement - AppLibra apps
This End User License Agreement ("EULA") governs the use of the applications published by AppLibra Srl - Via Guglielmo Marconi 42, 36016 Thiene (VI), Italy, VAT IT04143870246 ("AppLibra") - on Microsoft AppSource, including their country localizations (the "Apps").
1. Scope and acceptance
By installing or using an App you accept this EULA on behalf of the organization you act for (the "Customer"). The Apps are intended for business use only: consumer protection rules do not apply. Your acquisition of an App through Microsoft AppSource is governed by Microsoft's marketplace terms; the license to use the App is granted by AppLibra under this EULA. Microsoft is not a party to this EULA.
2. License
Subject to payment of the applicable fees, if any, AppLibra grants the Customer a non-exclusive, non-transferable license to use the App within its own Microsoft Dynamics 365 Business Central environments, for the subscription term and up to the licensed metric (such as users, companies, tenants or devices) stated in the order, offer or app page. Trial periods, where offered, allow evaluation of the App free of charge for the stated duration.
3. Restrictions
The Customer must not: (a) sublicense, resell, rent or make the App available to third parties, except to contractors operating the Customer's own environment; (b) circumvent or disable the license verification; (c) reverse engineer, decompile or disassemble the App, except to the extent such restriction is prohibited by applicable law; (d) remove proprietary notices.
4. Shared base apps
Some Apps install shared AppLibra base applications (such as AL License and Trial Management and AL Message Passing). They are provided free of charge and are governed by this EULA.
5. Updates and compatibility
Updates are distributed through Microsoft AppSource and the standard Business Central update mechanisms. Apps target the Business Central versions indicated on their AppSource listing; staying on a supported Business Central version is the Customer's responsibility. AppLibra may add, change or retire App features; material reductions of functionality are notified through the App's release notes or the App page.
6. License verification data
The Apps verify the subscription against AppLibra's licensing service. For this purpose the App transmits only: the tenant identifier of the Customer's Business Central environment (or, for on-premises installations, the Microsoft account number of the licensed installation) and the subscription keys. No user names, usage data or business data records of the Customer are transmitted. This data is processed in accordance with AppLibra's privacy policy. The Apps run inside the Customer's Business Central environment: AppLibra has no access to the Customer's business data through the Apps.
7. Support
Support is provided through the channels indicated on the App page at applibra.com/apps, where user guides are also published. Support plans, where purchased, are governed by the relevant offer.
8. Term, expiry and termination
The subscription runs for the term stated in the order and renews per the order terms. If the subscription expires or is terminated, the license verification may block further use of the App's functions. Data created by the App remains in the Customer's Business Central database and is not deleted by AppLibra. AppLibra may terminate the license if the Customer materially breaches this EULA and does not cure the breach within 30 days of written notice.
9. Warranty
AppLibra warrants that the Apps substantially conform to their published documentation. Except for this warranty, to the maximum extent permitted by law, the Apps are provided "as is" and AppLibra disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. AppLibra does not warrant that the Apps are error-free or uninterrupted, or that they meet regulatory requirements applicable to the Customer's business.
10. Liability
Except in case of willful misconduct or gross negligence, AppLibra's aggregate liability arising out of or in connection with an App is limited to the fees paid by the Customer for that App in the twelve months preceding the event, and excludes indirect damages, loss of profits and loss of data not attributable to AppLibra. Nothing in this EULA limits liability that cannot be limited under applicable law.
11. Data protection
AppLibra processes personal data as described in its privacy policy. Where AppLibra processes personal data on the Customer's behalf in the course of support or professional services, a data processing agreement pursuant to art. 28 of Regulation (EU) 2016/679 is signed before AppLibra accesses the Customer's data. These provisions apply to all Customers regardless of country, as AppLibra is subject to Regulation (EU) 2016/679.
12. Governing law and jurisdiction
This EULA is governed by Italian law, excluding its conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods. The courts of Vicenza, Italy, have exclusive jurisdiction.
13. Language
This EULA is drawn up in English. Translations are provided for convenience; in case of discrepancy the English version prevails.