This End-User License Agreement (this “EULA”) is a legal agreement between you as an individual, single entity, or organization ( “Licensee”) and Syvantis Technologies, Inc. (“Licensor”) for use of any software made available by Syvantis to the Licensee (including any associated documentation, files, technology, development tools, scripts and programs) (collectively as the “Software”). By downloading, installing, or using the Software, the Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, the Licensee may not download, install, or use the Software in any capacity.

Introduction

Syvantis Technologies, Inc. has developed extension solutions for Microsoft Dynamics 365 Business Central (further on referred to as “BC”). Syvantis is an independent Value Added Reseller of Microsoft software, including but not limited to Dynamics 365 Business Central. Syvantis accepts no responsibility whatsoever for any commitments or contracts of Microsoft or additional Value Added Resellers or Partners.

Installation and Use

This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that Syvantis may provide to you or make available to you after the date you deployed the Software from the Microsoft AppSource website.

Licensee CANNOT make back-up copies of the Software. Licensee may install and use Software solely for Licensee’s business use.

So long as Licensee obtained the Software from Syvantis or from an authorized Partner through an authorized download from the Microsoft AppSource Marketplace website, Syvantis grants the Licensee the non-exclusive right to use the Software in the manner and for the purposes described in this EULA and all related Software materials.

The Software must be licensed per BC database. One database might include several companies or business units, but only when these companies are affiliates to each other (at least 51% of ownership is the same across these companies).

The Software may only be used in regions wherein Microsoft has permitted the sale and usage of BC.

Rights and Limitations

Licensee rights to use this Software are perpetual but may be revoked if you do not comply with the terms of this EULA.

Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation. 

Without prejudice to any other rights, Licensor may terminate this EULA if Licensee fails to comply with the terms and conditions of this EULA. In such an event, you must uninstall the Software from your Dynamics 365 database (environment).

Updates and Maintenance

Licensor shall provide updates and maintenance on the Software on an As Needed basis.

To upgrade the Software to future versions, Licensee must first be licensed for the Software provisioned by Syvantis as eligible for the upgrade.

Support

Licensor will provide Help Desk support services during normal business hours, Monday through Friday from 9:00 AM CST to 5:00 PM CST.

Requests for support may be placed via the AppSource Offering Support form.

Consent to Use of Data

Licensee agrees that Syvantis may collect and use technical information gathered as part of support services provided to Licensee, if any, related to the Software. Syvantis may use this information solely to improve the Software or to provide services or technologies to you in compliance with our Privacy Policy. We may use any provided data, including but not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

We may also collect information how the Software is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website (“Service”) or other services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Validity of the Contract

By downloading, installing, having installed, or using the software, you accept this agreement. This EULA is perpetual until:

A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or

B) Terminated or suspended by Licensor, with or without cause

If you do not accept this agreement, do not download, install, have installed, or use the software. If an individual enters into this agreement on behalf of a legal entity, that individual represents that he or she has the authority to bind that entity to this agreement.

In the event this EULA is terminated, you must cease use of the Software

You agree to indemnify, defend and hold harmless Syvantis Technologies, Inc., partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this EULA or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Limited Warranty

If Licensee follows the instructions, the software will perform substantially as described in the related materials that you receive in or with the software.

Disclaimer of Warranties, Limitation of Liability

Syvantis does not guarantee, represent or warrant that your use of its Product will be uninterrupted, timely, secure or error-free. Syvantis does not warrant that the results that may be obtained from the use of the Product will be accurate or reliable.

You agree that from time to time we may remove the Product for indefinite periods of time or cancel the Product at any time, without notice to you. You expressly agree that your use of, or inability to use, the Product is at your sole risk. 

The Software delivered to you is (except as expressly stated by Syvantis Technologies, Inc.) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Syvantis, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Product, or for any other claim related in any way to your use of the Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Product, transmitted, or otherwise made available via the service, even if advised of their possibility. 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Syvantis Technologies, Inc.’s liability shall be limited to the maximum extent permitted by law.

Severability

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

Warranty disclaimer

LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.

Limitation of Liability

LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.

Changes to EULA

You can review the most current version of the EULA at any time on this page. Syvantis reserves the right, at its sole discretion, to update, change or replace any part of this EULA by posting updates and changes to this website. 

It is your responsibility to check this website periodically for changes. Your continued use of or access to this website or the Product following the posting of any changes to this EULA constitutes acceptance of those changes. 

This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.