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Dataloy may from time to time modify this Agreement and any referenced policies or other documents. Such modifications shall be published on Dataloy's website (Dataloy Support Home) and shall be legally binding for End User as from the date of the first yearly renewal thereafter of the mandatory Maintenance and Support Agreement entered into by End User pursuant to Section 8 below. In order to keep track of such possible modifications, End User shall be obliged to check all relevant documents prior to each yearly renewal of the Maintenance and Support Agreement.
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End User shall be obliged to purchase Maintenance and Support Services from Dataloy for all Licensed Software and Hosted Services covered by the License. Maintenance and Support Services are governed by Dataloy's standard terms and conditions available in the Maintenance and Support Services description. End User's License to use the Licensed Software and Hosted Services or any parts thereof according to this Agreement expires as of the date when the End User terminates it's subscription to Maintenance and Support Services.
All prices may be revised by Dataloy from time to time, usually influenced by consumer price inflation.
9. TRAINING
End User should ensure that its Users have a basic understanding of the capabilities and limitations of the Licensed Software and Hosted Services. All Users need the necessary training and competence to perform the work associated with the use of the Licensed Software and must study the relevant Dataloy user manuals found in the Dataloy Knowledge Base.
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The End User shall inform all of its relevant personnel that the Agreement has expired. The End User shall inform Dataloy in writing when the End User has completed his obligations on termination. The End User's obligations shall be fulfilled and notice shall be sent within fifteen (15) calendar days after termination.
13. EXTENSION OF AGREEMENT, ETC.
The End User may request additional licenses by adding additional Software to the Licensed Software and by increasing the number of authorised Users. For such additional licenses, separate order forms must be submitted and End User shall pay additional License Fee(s) according to the Price List. Such additional licenses, when activated (through actual use), will also increase the Maintenance and Support Fee(s). All additional licenses are subject to the terms and conditions of the Agreement.
14. WARRANTY
Dataloy warrants that it has all necessary rights to grant the License granted under this Agreement, and the End User's The End User may deactivate and reactivate its authorized Users at any time, but shall at all times have at least two – 2 – active Users. After expiry of the first year of the contract period, End User shall only pay Maintenance and Support Fee with respect to active Users at any given time. A User shall be deemed to be active when actually using the Licensed Software. Dataloy will each month collect information about the number of active Users within End User, to be used as basis for the calculation of the Maintenance and Support Fee.
14. WARRANTY
Dataloy warrants that it has all necessary rights to grant the License granted under this Agreement, and the End User's use of the Licensed Software will not infringe any copyrights or other protected rights of any third party.
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All notices to Dataloy to be given under this Agreement shall be in writing and shall be delivered personally or sent by airmail, by electronic mail, or by fax to the address set out Dataloy's order confirmation or to such other address as may from time to time be notified to End User.
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