VISUALISE | ID NUMBER 200305
- GBG incorporates the Supplier Software into its own Services
- No Sub-processors used
The Supplier Data that GBG uses to provide Visualise is supplied by GBG’s technology Supplier. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following provisions:
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“Defect” means an error in the Software that causes it to fail to operate in accordance with agreed specifications.
2. USE OF THE SERVICE
2.1 The End User may only use the Software as part of the Connexus Service provided by GBG, and solely in machine-readable, executable, object-code and/or bytecode format, as applicable.
2.2 The End User must not make the Software available to any third party, or copy, distribute, disassemble, decompile, reverse translate or in any other manner decode the Software, except as permitted by law nor modify, further develop or create any derivative product from the Software, without the prior written consent of GBG and the Supplier.
2.3 The End User must not post or publish any portion of the Software onto any software code sharing web sites or similar, including, but not limited to, the following: GitHub, BitBucket, Google Code, Pastebin, Codeplex, LaunchPad, Unfuddle, JSFiddle, JSBin.
3. SUPPORT SERVICES
3.1 The End User shall notify GBG promptly in the event that it becomes aware of any Defect with the Software. On receipt, GBG will seek to resolve the issue in accordance with the standard support terms and conditions set out as a schedule to the General Terms. However, the End User acknowledges and accepts that, in the event of a Defect with the Software, GBG may need to escalate the issue to the Supplier for support.
3.2 The Supplier shall use its reasonable endeavours to correct any Defects notified to it by GBG in a timely manner appropriate to the seriousness of the circumstances as part of its standard support services provided to GBG by the Supplier in accordance with the terms of the Supplier’s agreement with GBG. However, the End User accepts that the Supplier shall not be responsible for providing support directly to any End User.
4. EXCLUSION OF WARRANTIES
4.1 The Supplier makes no representation, warranty, promise or guarantee of any kind concerning the Software, whether express or implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Consequently, GBG cannot warrant that the Software will be error-free or that an End User will have uninterrupted access to the Software.
4.2 The Supplier does not warrant or guarantee that it will be able to rectify all Defects, not that any Defect which does not materially affect an End User’s operations using the Software will be corrected before the next update or new release.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Intellectual Property Rights in the Software are, and shall remain, the property of the Supplier.
6. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
6.1 GBG incorporates the Supplier Software into its own Services so does not use Sub-processors to provide you with this element of the Service.
7.1 Notwithstanding the other termination provisions in this Agreement, following termination of the Agreement between GBG and the Supplier, all rights to use the Software will cease immediately and the End User must remove the Software from their systems and provide confirmation in writing to GBG that they have done so.