Last updated on 16 Jan 2024
ACCEPTANCE OF THE TERMS: This End User License Agreement (“EULA”) is a legal agreement between the “LICENSEE” and FILETEC SERVICES DE INFORMÁTICA LTDA, a legal entity governed by private law, registered with the CNPJ under no. 09.456.975/0001-01, (the “LICENSOR”) for use of the indoor media management system called Displaylist Pro (the “SOFTWARE”). When using the SOFTWARE, even partially or as a test, the LICENSEE will be bound by the terms of this EULA, agreeing with its provisions, mainly with regard to CONSENT TO ACCESS, COLLECTION, USE, STORAGE, TREATMENT AND INFORMATION PROTECTION TECHNIQUES of the LICENSEE by the LICENSOR, necessary for the full execution of the functionalities offered by the SOFTWARE. In case of disagreement with the terms presented here, the use of the SOFTWARE must be immediately interrupted by the LICENSEE.
LICENSEE'S DECLARATION: The LICENSEE declares to have full knowledge of the rights and obligations arising from this EULA, this instrument constituting the complete agreement between the parties. You further declare that you have read, understood and accepted all of its terms and conditions.
TERM: This EULA comes into force on the date it is accepted by the LICENSEE and will be in force for the term of the Plan contracted by the LICENSEE. This EULA will be automatically renewed for equal periods if the LICENSEE does not expressly state otherwise. This EULA may be terminated as set forth below.
REMUNERATION AND PAYMENT METHOD: The LICENSEE must pay the LICENSOR the value of the respective plan chosen according to the frequency defined among the payment options made available to the LICENSEE at the time of contracting. If the LICENSEE, during the term of this instrument, opts for another licensing plan, the values will be changed according to the respective plan chosen. Failure to pay on the due dates will result in the suspension of access to the SOFTWARE until the financial issues are resolved. The values of the licensing plans established at the time of licensing the SOFTWARE may be updated annually by the IGPM-FGV accumulated in the period, or in the case of its extinction, by another official index that replaces it.
RESTRICTIONS ON INFORMATION: If the LICENSEE's access to the SOFTWARE is suspended, the LICENSOR will keep the LICENSEE's information stored in the SOFTWARE for a period of 60 (sixty) days, counting from the suspension of access. During this period, the LICENSOR will make the LICENSEE's information available to be extracted from the SOFTWARE. Notwithstanding the above, information relating to the date and time of access and the internet protocol address used by the LICENSEE to access the Website and the SOFTWARE will remain stored by the LICENSOR for 6 (months) counting from the date of each access made, regardless of the end of the legal and commercial relationship between the LICENSOR and the LICENSEE, in compliance with the provisions of Article 15 of Law No. 12,965/2014, and may be stored for a longer period of time upon court order.
LICENSEE'S OBLIGATIONS: The LICENSEE is obliged to: Not use the SOFTWARE in any way that may imply an unlawful act, infringement, violation of rights or damage to the LICENSOR or third parties, including, but not limited to, use for device hacking IT with the aim of obtaining, tampering with or destroying data or information without the express authorization of the holder of such data or the device or server on which they are stored; If the LICENSEE believes that his login and password to access the SOFTWARE have been stolen or are known to other people, for any reason, the LICENSEE must immediately communicate this fact to the LICENSOR to replace the password immediately.
THE LICENSOR'S OBLIGATIONS: The LICENSEE is obliged to: The LICENSOR is obliged to: The LICENSOR guarantees to the LICENSEE that the SOFTWARE should function regularly, if normal conditions of use are respected. In the event of programming flaws (“bugs”), the LICENSOR will be obliged to correct such flaws. Suspend access to the LICENSEE'S SOFTWARE that is violating the content rules established here or the legal regulations in force, regardless of prior notice; Change the specifications and/or characteristics of the licensed SOFTWARE for improvement and/or error corrections; Provide access to support from Monday to Friday, from 9:00 am to 12:00 pm and from 1:00 pm to 6:00 pm (Brasília time), via email contact@displaylistpro.com
EXEMPTION OF LICENSOR LIABILITY: The LICENSOR is not responsible for: Due to the operation of unauthorized persons or any other cause for which there is no fault on the part of the LICENSOR; For damages or losses resulting from exhibitions managed by the LICENSEE. For problems defined as “act of God” or “force majeure”, covered by Article 393 of the Brazilian Civil Code; For possible problems arising from third party actions that may interfere with the quality of the service; The LICENSOR adopts appropriate security measures in accordance with market standards to protect the LICENSEE'S INFORMATION stored in the SOFTWARE. However, the LICENSEE recognizes that no system, server or software is absolutely immune to attacks and/or invasions by hackers and other malicious agents, and the LICENSOR is not responsible for any unauthorized deletion, obtaining, use or disclosure of INFORMATION resulting from attacks that the LICENSOR could not reasonably avoid using said security standards.
TERMINATION: The LICENSEE may terminate this EULA at any time, as long as he informs the LICENSOR, in writing, and must pay the outstanding balance of the contracted licensing plan, if any. For licensing plans with advance payment, if the LICENSEE decides to terminate this EULA before the end of the contracted term, the LICENSOR will not refund to the LICENSEE the remaining balance of the contracted licensing plan. This amount will be retained by the LICENSOR to cover operational costs. The LICENSOR may terminate this EULA at any time, provided that it communicates to the LICENSEE, in writing, at least 30 (thirty) days in advance, in which case it must refund to the LICENSEE the outstanding balance of the contracted licensing plan, if any. The LICENSOR may terminate the EULA at any time in case of violation by the LICENSEE of the terms and conditions now agreed, or in case of late payment not resolved within 30 (thirty) days.
STORAGE: The LICENSOR undertakes to release the contracted storage space on its server in accordance with the plan chosen by the LICENSEE. If the LICENSEE needs more storage space on the server, he or she may request the LICENSOR to adjust the values necessary to increase the storage space.
QUANTITIES: If the LICENSEE needs to make any changes to the quantities of players used, proportional amounts will be charged for the quantity changed in accordance with the table for the period.
CELEBRATION OF NEGOTIATION BETWEEN THE PARTIES AND ACCEPTANCE OF THE TERMS ATTACHED: I am aware of all the characteristics and specifications of the services contained in this instrument and in the annexes. I agree with the commercial conditions and claim to be the decision maker in this negotiation