Software License Agreement
This Software License Agreement ("Agreement") is a legal agreement between you, either as an individual or a single entity ("User"), and Favodesk ("Favodesk", "we", "us", or "our") for the Favodesk Wallboard - TOPdesk Edition software product ("Software").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
1. GRANT OF LICENSE
Favodesk grants to User a non-exclusive, non-transferable, revocable license to use the Software in accordance with the terms and conditions herein.
2. USE OF SOFTWARE
The Software is designed to integrate with TOPdesk's API and to display important information such as charts. The User understands and accepts that continuous or excessive use of the Software may result in API limits being reached or exceeded. This could impact the functionality of both the Software and the TOPdesk application, and may result in actions from TOPdesk such as limiting or revoking API access. It is the User's responsibility to monitor and manage their use of the Software to ensure it complies with TOPdesk's API usage guidelines and restrictions.
3. OWNERSHIP
The Software and all rights, without limitation including proprietary rights therein, are owned by Favodesk and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used.
4. RESTRICTIONS
User may not reverse engineer, decompile, or disassemble the Software, nor attempt in any other manner to obtain the source code.
5. THIRD-PARTY INTERACTIONS
This Software integrates with the TOPdesk API. Favodesk is not affiliated, associated, authorized, endorsed by, or in any way officially connected with TOPdesk, or any of its subsidiaries or its affiliates. The use of the TOPdesk API is governed by TOPdesk's terms of service and privacy policy. Favodesk is not responsible for any changes to the TOPdesk API that may affect the functionality of the Software.
6. NO WARRANTIES
Favodesk expressly disclaims any warranty for the Software. The Software and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose.
7. LIMITATION OF LIABILITY
In no event shall Favodesk be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Users' use of or inability to use the Software, including but not limited to issues arising from API limits or changes to the TOPdesk API.
8. TERMINATION
Favodesk may terminate this Agreement at any time if you fail to comply with the terms and conditions of this Agreement.
9. INTELLECTUAL PROPERTY RIGHTS
It is Favodesk's responsibility to ensure that the Software does not infringe the intellectual property rights of third parties. Favodesk indemnifies TOPdesk and will hold TOPdesk harmless against claims of third parties that Software developed by Favodesk infringe their intellectual property rights. This indemnification is subject to the following cumulative conditions:
- TOPdesk informs Favodesk about the existence and content of the claim without undue delay;
- TOPdesk leaves the settlement of the claim entirely to Favodesk.
- TOPdesk will provide Favodesk with all reasonable assistance and information so Favodesk can defend itself against the claim in court.
10. TRADEMARKS
All trademarks, logos, and service marks ("Marks") displayed on the Software are the property of Favodesk or of their respective holders. You are not permitted to use these Marks without the prior written consent of Favodesk or such respective holders. TOPdesk and its logo are trademarks of TOPdesk B.V., registered in the Netherlands and other countries. Favodesk Wallboard - TOPdesk Edition is independent of TOPdesk and is not endorsed by TOPdesk. Use of the TOPdesk trademark is only for the purpose of identifying the software with which Favodesk Wallboard - TOPdesk Edition is intended to be used.