LICENSE AGREEMENT TO USE THE I-LINK SOFTWARE

Please read this I-LINK Software License Agreement (hereinafter, “License”) carefully before using the I-LINK Software (the “Software”), whose use is only designed and authorized (under the definitions and limitations which will be explained below) for the programming and monitoring of the COFEM Detection Plants. Specifically, the Fire Detection and Alarm Control panels of COFEM “Lyon”, «Onix», «Quartz», «Rubi», “Zafir”, “Compact Lyon” and «Silver».

 By using the Software, you will be accepting the terms of this License. If you do not agree and do not accept them, do not use the Software or allow others to use it on your behalf.

 

TERMS AND CONDITIONS OF USE OF THE APPLICATIONS “I-LINK”

COFEM, S.A., residing in Ctra. De Molins de Rei a Rubí, Km. 8.4, 08191, Rubí (Barcelona), with CIF A08537144 (hereinafter COFEM), is the company holding the rights over the “I- LINK”, «I-Link Lite» and “COFEM INSTALLER”, and puts at the Users’ disposal these Terms and Conditions that regulate the download, access, and use of the application, in this case for “I-LINK” (hereinafter, the “APPLICATION” or “the SOFTWARE”).

Access to the Application means that the User acknowledges that he or she has accepted and consented without reservation to these conditions of use.

The Software is a tool that facilitates the programming and management of COFEM Detection Control panels; It is designed to be used only where there is a team that is responsible for the detection and possible extinction of the fire already and not for actions related to the extinction or detection of fires.

Any express or implicit guarantee of adequacy of the “I-LINK” software for this type of activities is expressly rejected.

1. SCOPE

1.1 The Software “I-LINK” has been created for the programming and monitoring of the COFEM Detection Control panel, specifically for the Central and Fire Detection and Alarms “Lyon”, «Onix», «Quartz», «Rubi», “Zafir” “Compact Lyon” and «Silver». A more extensive description of the Software can be found in the Software User Manual.

2. LICENSE

2.1 The License is the natural or legal person to whom COFEM authorizes the right to use the Software expressly via this License with the limits and conditions indicated therein. The Licensee is authorized by COFEM to communicate to the User (as defined below) the corresponding “login” and “password” details for the activation and use, on behalf of the Licensee, of the functionalities of the Software.

2.2 The User is the natural person who exercises the right to use the Software on behalf of the Licensee. The Licensee can only designate as User a person with whom he has a contractual relationship of an employment nature or who maintains an employment relationship with companies that provide specific services in terms of detection and fire alarms to the Licensee, without being companies that attend the market with COFEM offering the same or very similar type of products and services. In addition to complying with the obligations of this License to access the functionalities of the Online Management Software of the Central with I-LINK and Graphic Representation I-LINK, the User requires the Licensee to provide his “login” and “password” details ( hereinafter “Activation Keys”) that the Licensee can only be provided by COFEM upon payment of the corresponding rate to COFEM.

2.3 Neither the use of the Software by the Licensee and/or the User nor the acceptance of the terms of this License grant the Licensee or the User any rights not specified therein regarding the Software.

2.4 The Licensee is granted a non-exclusive and non-transferable right, limited to the territory that is essential for the satisfaction of the purposes of the License and the duration of this License, subject to the provisions of this License and its full compliance by both the Licensee and by the User (breaches of only one of these parts is sufficient for resolution).

Especially, but not solely, with respect to Licensee’s right of use regarding the functionalities of the Online Management Software of the Central with I-LINK and Graphic Representation I-LINK, is also specifically conditioned to the Licensee maintaining the corresponding COFEM license rights at all times for the use of these specific functionalities of the Software (and, therefore, that the Licensee complies with all the obligations of the License, among others, to be up to date with the corresponding payments to COFEM for the right to use the mentioned specific functionalities of the Software). This License compels the User before the Licensee and COFEM and the Licensee before COFEM.

2.5 Both the right to use the Software of the Licensee and the exercise of this right of use by the User will always be subject to this License. The User’s right to use the Application is conditioned to the fact that the Licensee has not withdrawn the User’s authorization to use the Software on behalf of the Licensee at any time.

 

3. PAYMENT AND ACTIVATION KEYS

3.1 The Licensee shall pay COFEM the price indicated in the Order Confirmation to access the Activation Keys of the Software for its Users. Unless otherwise agreed, the prices are valid during the subscription period indicated in the Order Confirmation, so they may be revised at the end of the subscription period.

3.2 The payment method will be the one indicated by COFEM in the Order Confirmation and the price will be paid within the term indicated in the same.

3.3 In case of delay or non-payment of invoices, COFEM may suspend Activation Keys and apply the legally established delay interest.

3.4 If, after ten (10) days have elapsed from the delivery of the invoice, the Licensee has not stated by any means that proves its receipt by COFEM, its disagreement with its content, it will be understood that the aforementioned invoice is correct and accepted, without further claim right and with the duty to pay immediately.

  

4. SOFTWARE USE

4.1 The right of use that this License grants to the Licensee and that the User will exercise on its behalf, is only granted to use the Software on a Specified Computer Device (device that complies with the provisions of this License and the User’s Software Manual).

4.2 The User cannot share their Activation Keys with other Users nor can the Licensee assign the same Activation Keys to different Users.

4.3 Notwithstanding the limitations detailed in this License and in the Software User Manual, the User may uninstall the Software and install it on another device for use by the Licensee, provided that such devices are compatible, as specified for the Software, and the Licensee has authorized the exact moment to do so, knowing the implications that it may have in terms of security, exonerating COFEM in the event that damages of any kind are generated for not acting with due diligence in such operations. However, you cannot change the installation if it is to share this License between different devices.

4.4 The use of the Software “I-LINK” can only be used following the precise and express instructions of the Licensee. The User is not allowed to use the Software when the Licensee has withdrawn authorization. Specifically, the use of software to de-configure the COFEM Detection Control panels is prohibited, unless said instruction has been expressly given by the Licensor. The necessary measures must be applied so that unauthorized third parties do not use the “I-LINK” software in a manner contrary to the provisions of this license.

4.5 The right of use conferred by this License grants the right to use the Software on the device of your choice, provided that it complies with the provisions of this License and the Software’s User Manual, especially its limitations, warnings, and what is indicated with respect to the minimum requirements of the Specified Computer Device, among them: PC with 1.8 Ghz processor or higher, 2 Gb RAM or higher, Monitor with DirectX 9 graphics card with a minimum resolution of 1024×768. Recommended 19’ monitor with 12080×1024 resolution, 1 Gb of free hard disk space, USB (COM) port, and Windows 7/8/10. The Software is not tested in other types of environments and under other circumstances and, therefore, is not guaranteed to work properly.

4.6 In addition, the Software will require all of the following for its use (plus any other aspect that may be indicated in the Software’s User Manual):

1. a) That the Specified Computer Device is operative (among others that it does not enter Hibernation or Suspension during the operation of the Software’s functionalities).
2. b) That the cable that connects the COFEM Detection Control panel indicated in the Software User Manual with the Specified Computer Device must be a USB cable that complies with the USB 1.1 standard with type B connector for the end that connects to the COFEM Detection Control panel as specified in the Software User Manual.
3. c) That the configuration of the COFEM Detection Control panel indicated in the Software User Manual is updated with the Software.
4. d) That the actions carried out with the online toolbar of the Software (indicated in the User Manual) refer to the COFEM Detection Control panel to which the Specified Computer Device is connected.
5. e) That the applications installed on the Specified Computer Device in which the Software is installed (as indicated in its User Manual) do not obstruct the operation of the Software for reasons of hardware, capacity or memory management.

4.7 The use of the Software for a different purpose for which it is licensed and indicated in this License is not allowed, as well as under other circumstances detailed in it or in the User Manual of the Software. In particular, the use of the Software is prohibited when it is done in violation of the provisions of this License, as well as under other circumstances detailed in it or in the User Manual of the Software. In particular, the use of the Software is prohibited when it is done in violation of the provisions of this License.

4.8 In addition to all that is detailed in this License,, the conferred use right is subject to the following limits:

1. a) The Software may only be used in a mechanically readable form (in object code or executable mode)
2. b) The Software will be installed in whole or in part, stored and used only on the Specified Computer Device in accordance with the installation instructions indicated in the Software User Manual.
3. c) A copy of the Software may be made exclusively for security and archival purposes, a copy that shall bear a copyright notice together with all additional references regarding COFEM’s rights in the Software and the designation of the original version, including references to third parties.
4. d) To the maximum extent permitted by the mandatory regulations of the applicable law, the Software will only be used in the manner allowed under the License and:
5. The Software or any part of it will not be altered (except to the extent that they are components under free licenses – see below) in any way (including, and without limitation to, modifications, adaptations, translations, or derivative or successive versions).
6. The Software or any part of it will not be decompiled.

iii. The Software, or any part of it, will not be extracted, nor will reverse engineering acts be carried out on the Software, or any part of it, nor will it be manipulated in such a way that people can read it.

1. The Software, or any part of it, will not be moved to another operating system.
2. The Software, or any part of it, will not be communicated to a third party or made available to a third party in any other way (including, and without limitation to, for testing or as a gift, loan, lease, or sub-license, or via service office) unless you have obtained the prior written consent of COFEM.
3. The Software, or any part of it, will not be used on a computer or terminal other than a Specified Computer Device, or on more than one device, networks, or on a customer’s server, or an additional mobile device without prior written consent of the Licensee.

 

5. SOFTWARE MODIFICATIONS

5.1 The User and the Licensee know and accept that the Software can adapt to technical evolutions and improve. COFEM may cease the development of the Software contracted by the Licensee and, where appropriate, COFEM may also develop other different programs. The Licensee may opt for the User to stop using the Software or contract a different solution according to the migration policy that COFEM establishes, to which the User and the Licensee undertake to accept the same in all cases, adapting their equipment and the Software to the new solution if necessary. The migration to the new solution may or may not be free depending on the resources that COFEM has allocated to the research and development of the new solution, as well as depending on the degree of difference in the quality of said solution with respect to the one substituted, in whose case will be conditioned to the corresponding payments that the Licensee has to make to COFEM.

5.2 The User agrees that, during the period contracted by the Licensee, COFEM may modify the rights of use contracted for the reason of the payments that the Licensee has agreed with COFEM or for the technological evolution indicated above and even stop maintaining the Software or cease to offer the rights to use it.

5.3 The User accepts all these changes without prior notice and without demanding any compensation from either the Licensee or COFEM. COFEM in its case is only obligated to notify those changes to the Licensee that will accept them without demanding any compensation.

5.4 The User and the Licensee must take into account that the services and/or characteristics of the Fire Detection and Alarm Control panels “Lyon”, «Onix», «Quartz», «Rubi», “Zafir”, “Compact Lyon” and «Silver», and/or the Software, as well as the mobile application “COFEM INSTALLERS”, have been able to be modified to adapt to technological evolutions so they must change to a new version of the Software or a new solution as established by COFEM.

5.5 If the Licensee changes to a new version of the Software or a new COFEM solution, to update an earlier version of the Software or to update to the new COFEM solution, the updated version or solution will be the only one that the User will have the right to use, accepting the terms and conditions of the legal documentation and user manual of the Software and/or the specifications that may accompany the new version of the Software or new COFEM solution. The User and the Licensee will also be obligated to remove any material corresponding to the previous Software version.

5.6 The User and the Licensee acknowledge and accept that COFEM can provide updates or supplements to the Software that will be automatically downloaded, without COFEM being obligated to do so by default.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

6.1 The intellectual and industrial property rights over the APPLICATION are the property of COFEM, S.A., corresponding to the exclusive exercise of the rights of exploitation of the same in any form and, especially, the rights of reproduction, distribution, public communication, and transformation.

The Licensee (and, by extension, the User) will only hold those rights related to the Software that have been expressly described and assigned in this License. Any other rights in relation to the Application, including but not limited to, property rights, copyrights, patents, trademarks, trade secrets, and any other intellectual or industrial property rights, will remain the exclusive property of COFEM or, in his case, of his Licensees of which COFEM is a beneficiary.

6.2 The third holders of intellectual and industrial property rights over photographs, logos, and any other symbols or contents included in the APPLICATION have granted the corresponding authorizations for their reproduction, distribution, and availability to the public.

6.3 The User acknowledges that the reproduction, modification, distribution, commercialization, de-compilation disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation or publication of any test results of unauthorized references of any of the elements and utilities integrated within the development constitutes an infringement of the intellectual property rights of COFEM, S.A., obligating his or herself, consequently, not to perform any of the aforementioned actions.

6.4 Neither the Licensee nor the User will remove from the Software any reference to copyright, trademarks, or other property rights, nor will they cover or conceal, in any way whatsoever, any of said references, nor will they plagiarize them in other solutions. The Licensee and the User will take reasonable measures to prevent any use, reproduction, sale or publication of the unauthorized Software or unauthorized access to it.

6.5 The User and the Licensee jointly and severally indemnify and hold COFEM harmless from any losses, damages, claims, and expenses, (including, but not limited to, reasonable legal expenses for the defense and representation in court) related to breaches by the User or of the Licensee of this License.

7. PRIVACY POLICY

7.1 COFEM warns the User and the Licensee that the Software may contain a special program that uses technology to collect technical information, being COFEM the recipient, with the purposes of improving the Software, facilitating the services, adapting them to the Licensees’ preferences, and avoiding the unlicensed or illegal use of the Software or other elements of software owned by COFEM. In particular, it can regulate and control the number of concurrent users of the Software, excluding backup copies (the “Special Program”).

7.2 The User and the Licensee accept that COFEM can make use of the aforementioned information and send, for a more effective service, notices on either mobile or email accounts of the User/Licensee from the corresponding administrators of the Fire Alarm and Detection Control panels “Lyon”, «Onix», «Quartz», «Rubi», “Zafir”, “Compact Lyon” and «Silver». These technologies may provide updates or supplements to the Software that will be automatically downloaded to the User’s and/or Licensee’s equipment, and that they accept. Likewise, they consent to the inclusion and operation of said Special Program and the use of other security devices in connection with the Software, so that, in addition, the User and the Licensee shall be prohibited from circumventing, decoding, or copying said Special Program or any other security device.

7.3 In accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), it is reported that the personal data provided through the acceptance of these Terms and Conditions will be processed by COFEM, S.A. for the purpose of providing the service described in section «1. SCOPE «of this document and will be kept for the duration of the contractual relationship object of the use of the Application, with the sole purpose of facilitating the introduction of improvements in future versions of the Software, the processing of the information of the facilities, access to Users, screens and User interaction and locks and exceptions. Likewise, it is reported that you can withdraw your consent at any time and exercise the rights of access, rectification, deletion, portability, limitation, and opposition by contacting COFEM, S.A., C/ Compositor Wagner 8, P.I. Can Jardí, 08191, Rubí, BARCELONA . You can also submit a claim to the Supervisory Authority (www.agpd.es) if you consider that the processingt does not comply with current regulations.

7.4 In particular, by way of illustration, but not exhaustively, the data that COFEM could collect are the following:

1. a) Identification of the installation.
2. b) The telephone numbers or e-mails of each registered User.
3. c) “Login” of each registered User.
4. d) “Password” of each registered User.
5. e) Incidents of the fire detection and alarm system.
6. f) “Logs” of User activity.

7.5 For the appropriate purposes, the User and the Licensee are informed and consent to the processing of their data by COFEM for the purposes described in this License, in particular on the data that is also entered manually or automatically into the COFEM files either by the automatic systems of COFEM or directly by the Licensee and/or the User both manually or by their activity with the Software, being able to exercise their ARCO rights (data protection rights) before COFEM by contacting COFEM by any of the contact channels indicated in this License, in order to be able to help in channeling them.

7.6 COFEM, S.A. reserves the right to make, at any time and without prior notice, modifications and updates in the Application. Likewise, it also reserves the right to modify these Terms and Conditions in order to adapt them to possible legislative changes and changes in the Application itself, as well as those that may derive from the existing code types in the matter or for strategic or corporate reasons.

8. EXCLUSION OF LIABILITY

8.1 COFEM, S.A. reserves the right to edit, update, modify, suspend, eliminate or terminate the services offered by the Application, including all or part of its content, without prior notice, as well as to modify the form or type of access to it.

8.2 The possible causes of modification may take place, for reasons such as their adaptation to possible legislative changes and changes in the application itself, as well as those that may derive from the existing code types in the matter or for strategic or corporate reasons.

8.3 COFEM, S.A. will not be responsible for the use of the Application by a minor, making the download and use of the Application the sole responsibility of the User.

8.4 The APPLICATION is provided «as is» and without any kind of guarantee. COFEM, S.A. is not responsible for the final quality of the application or that it serves and complies with all the objectives of the same. Notwithstanding the foregoing, COFEM, S.A. is committed to the extent of its possibilities to contribute to improving the quality of the Application, but cannot guarantee the accuracy or the current content of it.

8.5 The responsibility for the use of the Application corresponds only to the User and Licensee. Except as provided in these Terms and Conditions, COFEM, S.A. is not responsible for any loss or damage that occurs in connection with the download or use of the Software, such as those produced as a result of failures, malfunctions, or blockages in the operation of the Application (for example, and without limitation to: error in the communications lines, defects in the hardware or software of the Application or failures in the Internet network). Likewise, COFEM, S.A. will neither be responsible for the damages produced as a consequence of the improper nor inappropriate use of the Software by the Users.

8.6 The Application has not been designed nor intended to be used in hazardous environments that require an operation with protection against errors. The proper functioning of the same will be limited by the hardware, the elements installed in it, the communications and their corresponding protections.

9. PROCEDURE FOR NOTIFICATION OF DEFECTS IN THE SOFTWARE AND WARRANTIES

9.1 The User and the Licensee are informed that the Software will operate substantially in accordance with that which is specified in the Software User Manual. COFEM does not guarantee that the Software will be free from defects, operate without interruption, comply with the expectations of the User or the Licensee, or work in combination with the hardware or software of third-party products, or that all errors of the Software will be corrected.

9.2 If there is any defect in the Software, as well as in the descriptive documentary material, the User and the Licensee agree to document (if necessary, reproduce) the defect, which must be reported to COFEM as soon as possible. COFEM must be informed by the Licensee two (2) days after the detection of the problem. Otherwise, COFEM will be exempted from any liability or guarantee duty within the maximum allowed by the mandatory regulations.

9.3 COFEM will be able to solve the problems that affect the substantial operation of the same, using the means and reasonable terms for it. Notwithstanding the foregoing, COFEM is not responsible for differences that external technical means may cause to the correct functioning of the Software.

9.4 In order for a defect in the Software to be material enough to cause COFEM to be obligated to repair or replace the Software, the defect must cause the Software (as long as it is used in the manner permitted by this License and in accordance with the User Manual of the Software) to operate in a manner so divergent to that established in the Software User Manual that it is inappropriate for the purpose described in the description of the Software. Likewise, if the required functionality can be reached by the User or the Licensee in an indirect way or through an alternative way that circumvents the problem, then the damage will not constitute a defect that gives rise to obligations of COFEM under the previous guarantee.

9.5 Neither the User nor the Licensee will carry out modifications or repairs by themselves or allow such modifications or repairs to be carried out by unauthorized third parties. When requested by COFEM or the Licensee, the User will support them in the analysis of the causes and conditions that give rise to the defect, as well as the development and proof of correction codes or in an indirect or alternative solution.

9.6 The only remedies in case of defects of the Software are those of the express guarantee mentioned above. The Software is licensed to the Licensee and the User authorized by the Licensee is allowed to exercise the right of use of the Licensee with its current characteristics and «as it is», without any kind of guarantee, apart from the aforementioned. Said express guarantee is granted in lieu of any other warranties, express or implicit, whether in fact or derived from the law, regulations or in any other way, including guarantees, clauses or mercantile conditions, suitable for a particular use, satisfactory quality and without infringement, each of them expressly excluded.

9.7 The Licensee and the User acknowledge that the distributors or agents of COFEM are not authorized to provide any guarantee of any kind or manifestation in relation to the use, suitability, or results of use of the Application, or in relation to its accuracy, precision, or reliability, and none of the guarantees or statements have any effect on COFEM, other than those set forth in this License. It will be the responsibility of the Licensee to select the Software meets their needs. The User and the Licensee may not transfer the responsibility to COFEM -or the application of any guarantee- for all the risks on the execution and results obtained by the Software or on its suitability for the scheduled and expected use.

9.8 It will be understood that there is a release by COFEM of the obligations under this express guarantee when the defect was caused by circumstances of which COFEM is not responsible, including, but not limited to:

(a) breach of the conditions of use and operation contained in the description of the Software, and in particular of the User’s Manual of the Software;

(b) breach of the provisions of this License;

(c) unauthorized modifications or interference of the Software either by the User, the Licensee or by third parties;

(d) errors in the use of the Software by the User, the Licensee or by the personnel of third parties;

(e) influences of systems or programs that have not been provided by COFEM or the Licensee; or

(f) use on a computing device other than the Specified Computer Device.

9.9 Warranty on the Software’s license within the European Union: in the event that the right to consumer protection is applied to the licensee, COFEM assumes the mandatory manufacturer’s guarantee in the terms set forth in the law of mandatory compliance.

10. LIABILITY

10.1 To the maximum extent permitted by the applicable law of mandatory compliance, COFEM does not commit nor is liable, with any person or entity, regarding any damage allegedly caused by the use or lack of use of the Software, either directly or indirectly, including (without being limited only to), interruptions of work, economic losses, or loss of expected profits as a result of the use of it.

10.2 The Licensee and the User are responsible for the use of the Software by other people who use it under the same “login” and “password” details, having been warned above of the obligations on the prohibition of not sharing the “login” and “password” derails.

10.3 The Licensee and the User assume any damages, loss, and/or costs that may arise from the incompatibilities between the Software or its updates, and the software owned by third parties that the Licensee and/or User may have installed on their device, as well as other problems that may arise from the interaction between both programs and, in particular, by sharing your “login” and “password” details with third parties in breach of the instructions and obligations of this License.

10.4 The Licensee shall have the exclusive responsibility to ensure that, before the use of the “login” and the “password” details, the necessary knowledge is possessed by the User for the proper installation and use of the Software, as well as the terms of this License. COFEM will not be responsible for any problems or defects that may arise due to insufficient knowledge on the part of the Users or the Licensee of the Software.

10.5 To the extent permitted by applicable law, COFEM will not be liable to the Licensee or the User for any loss or damage, whether direct, indirect, or consequential, including and without limitation to, loss of profits, unrealized cost reductions, loss of data, increase of costs by the Licensee and/or the User, or any other financial losses, resulting from, or related to, the purchase, license, use, failure, or interruption of the operation of the Software and the services that offers COFEM with respect to it. The preceding limitation of liability will also apply if COFEM has been notified of the possibility of incurring such losses. COFEM will only be responsible for the losses or damages caused by a seriously negligent or fraudulent action of COFEM. This limitation of liability shall apply to all claims for loss or damage without distinction of its legal bases, including, but not limited to, claims based on non-contractual, contractual, pre-contractual, or quasi-contractual liability. This limitation of liability shall also apply to all directors, administrators, or employees of COFEM, or to any representative, distributor, or agent of COFEM who are involved in the development, marketing, commercialization, or supply of the Software.

10.6 In no case will COFEM be responsible for damages higher than the rate mentioned in the Agreement with the User and/or Licensee, and effectively paid by the User/Licensee to COFEM.

10.7 The validity of the guarantees and responsibilities, or their limitations, established in this license of use, will be subject to the provisions in this regard by the legislation that affects them in the different states and/or jurisdictions where applicable.

10.8 In any case, COFEM will be released from its responsibilities to the Licensee and/or the User, if the Software:

(a) has been modified by the User and/or the Licensee; or

(b) is being used with other programs or data and such combination has led to the infringement of a third parties’ right; or

(c) has been used on a computing device that is not a Specified Computer Device; or

(d) has been used and applied under other conditions than those specified in the description thereof; or

(f) has been used for purposes other than those for which it has been licensed by this License.

11. AGREEMENT RESOLUTION

11.1 Without prejudice to any other right of resolution provided in this License, any of the parties shall be entitled to terminate this License at any time and with immediate effect in case of breach of a contractual obligation by the other party, including and without limitation to, breach by the Licensee or the User of its contractual obligations with COFEM or its distributors or agents, especially – but not only – in the payment to COFEM by the Licensee of the amounts of the license stipulated in this License, if the breaching party does not remedy such breach within thirty (30) days after having been notified in writing thereof.

11.2 Upon the termination of this License for whatever reason, all rights of use of the Software held by the User and the Licensee will expire. As soon as possible, from the moment of the resolution of this License, the User and/or Licensee will uninstall and destroy the Software and all copies or partial copies that have been made of it, as well as all modified parts of the same or interconnected parts connecting with other programs or data systems and, to the extent possible, all security mechanisms.

11.3 In case of resolution or in case the User and/or the Licensee do not agree with the terms and conditions of this License, neither the Licensee nor the User will be authorized to use the Software. In this case, the User will also be obligated to no longer use the “login” and “passwords” details that the Licensee has communicated.

12. LEGISLATION AND JURISDICTION

The User accepts that the applicable legislation and the Courts and Tribunals competent to hear the divergences arising from the interpretation or application of this clause are the Spanish courts, and submits, expressly waiving any other jurisdiction, to the courts and tribunals nearest to the city of Barcelona.

13. GENERAL DISPOSITIONS

13.1 Nothing in this License shall be construed against the rights that any of the parties may have under the mandatory rules.

13.2 If it is determined that any part of this License is null and void, it will not affect the validity of the rest of this License, which will remain valid and enforceable in accordance with its terms and which will be understood to be replaced under the most similar principles that have been established in the same.

13.3 This License may only be modified by writing, signed by an authorized representative of COFEM. COFEM may grant a license to the Licensee for updates with additional or different terms.

13.4 This License represents the entire agreement of COFEM with the Licensee (and, by extension, the User) in relation to the Software and supersedes any prior representation, discussion, commitment, communication, or publicity related thereto.

13.5 COFEM reserves the right at all times to update or modify the conditions of the License, which will take effect at any time and in any manner provided that Licensee has been notified at least thirty (3)0 days before. If the Licensee does not wish to be bound by the License after such modification, it may resolve the same with prior notification to COFEM before its entry into force; If the User does not wish to be bound by the License after such modification, he or she must stop using the Software notifying the Licensee thereof.

13.6 COFEM makes express reservation of any rights that may correspond to it and that were not granted to the Licensee (and, by extension, to the User) under this License.

COFEM, S.A. N.I.F. A‐08537144.

C/ Compositor Wagner, 8, P. I. Can Jardí, 08191, Rubí (Barcelona), España

Telephone: +34 935862690, E‐mail: cofem@cofem.com. www.cofem.com

Barcelona, October 30th, 2020

I have read and accept the conditions of use of the APPLICATION.