(as of December 2012)

Terms of Use

IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.

14 DAY FREE TRIAL

Upon registration to use the Site called www.OnBRM.com, Web Services, Data and Third Party Data, Presys A/S will provide a restricted use, free trial of the Site, Web Services, Data and Third Party Data for fourteen (14) days.

THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF PRESYS A/S AND MAY BE MODIFIED AT ANY TIME. THE FREE TRIAL IS PROVIDED ONCE AND ONLY UPON YOUR FIRST REGISTRATION AT THE SITE FOR A SINGLE FOURTEEN (14) DAY PERIOD. THE FREE TRIAL IS NOT PROVIDED UPON SUBSQUENT REGISTRATION BY CUSTOMER OR CUSTOMER’S AGENTS OR AFFILIATES.

ANY DATA ENTERED INTO THE SERVICES, AND ANY CUSTOMIZATIONS BY AND FOR YOU DURING THE FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD, YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G FROM AN ENTERPRISE TO A SMALL BUSINESS), THEREFORE IF YOU PURCHASE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOU DATA WILL BE PERMANTLY LOST.

NOTWITHSTANDING SECTION 16 (WARRANTIES AND DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.

1Scope
1.1Any use of this web site provided by Presys A/S and/or its affiliates, called www.OnBRM.com, is subject to these Terms of Use. These Terms of Use may be replaced, amended, or modified by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the OnBRM´s Web Site these Terms of Use are accepted in their current version.

1.2In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
1.3 All disputes concerning these Terms of Use and their subject matter shall be resolved in accordance with Section 15 of this Agreement for OnBRM.

2Services
2.1This OnBRM Web Site contains specific information and software, as well as  related documentation, for viewing or downloading.

2.2Presys A/S may stop the operation of the OnBRM Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Presys A/S can´t accept any liability for the continuous availability of the OnBRM Web Site.

3Fees and Payments
You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred.

If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card (you will receive a receipt) or send an invoice (for the moment we only accept payments by an invoice).

Subscription fees will be billed at the beginning of your subscription or any renewal.

Unless we state in writing otherwise, all fees and charges are nonrefundable.

Subscriptions are paid monthly.

We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.

If you want to use a different credit card or there is a change in credit card validity or expiration date, please call Customer Service at +45 42 17 20 70 so they can tell you how to make changes.

If you believe someone has accessed a Service using your user name and password without your authorization, please call Customer Service at +45 42 17 20 70.

You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

4Cancellation and Renewal
Your subscription will renew automatically, unless it is cancelled in accordance with this Section.

For monthly subscriptions, we will not notify you of the pending renewal of your subscription, except as otherwise required by law.

For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

For the moment Presys A / S only accepts payments by an invoice, so you get a monthly invoice.

We may cancel your subscription at any time by notifying you.

You may cancel your subscription at www.OnBRM.com. or calling Customer Service at +45 42 17 20 70. We accept cancellations email to onbrm@onbrm.com for the moment.

5Credit Card
If you choose to pay over Internet, all your personal information will be encrypted (SSL), including your bank details.

Neither Preys A / S or its affiliates know or store your credit card information.

6Registration, Password
6.1Some pages of the OnBRM Web Site is password protected. Because of safety and security of the business transactions, only registered users may access said pages. Presys A/S reserves the right to deny registration to any user. Presys A/S particularly reserves the right to determine certain pages, which were previously freely accessible, subject to registration. Presys A/S is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking its User Data (as defined below), in particular if the user
  • Uses false data for the purpose of registration
  • Violates these Terms of Use or neglects its duty of care with regard to User Data
  • Violates any applicable laws in the access to or use of the OnBRM Web Site
  • Didn´t use the OnBRM Web Site for a longer period (for example an expired free trial).
6.2For registration the user shall give accurate information. Where such information changes over time, update such information without undue delay. The user shall ensure, that its email address, as supplied to Presys, is current at all times and an address at which the user can be contacted as well as credit card details are correct.

6.3If the credit card information are no longer correct or there are problems with the method of payment for example the account to the credit card is closed, Presys A / S can stop your subscription immediately.

6.4Upon registration the user will be provided with an access code, comprising a User name and a password ("User Data"). The user may change the password received from OnBRM into a password known only to the user. The User Data allows the user to view or change its data or, as applicable, to withdraw its consent to data processing.

6.5The user shall ensure that User Data is not accessible by third parties without Presys´ knowledge and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the user shall log-off from the password protected websites. If and to the extent the user becomes aware that third parties are misusing its User Data the User shall notify Presys thereof without undue delay in writing, or, as the case may be, by email.

6.6After receipt of the notice under Section 6.5, OnBRM will deny access to the password-protected area under such User Data. Access by the user will only be possible again upon the user's application to OnBRM or upon new registration.

6.7 The user may at any time request termination of its registration in writing or calling, provided that the deletion will not violate the proper performance of contractual relationships. In such event Presys will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.

See section 4 on the conditions for the termination of your subscription

7Rights of Use to Information, Software and Documentation
7.1 The use of any information, software and documentation made available on or via this OnBRM Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Presys.

7.2Presys A / S grants the user a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the user on or via the OnBRM Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Presys A / S in making this available. See section 7.5 on licensing.

Presys A / S provides components available to the user on the OnBRM Web Site, which is Open Source. It is described on the OnBRM Web Site, which components are Open Source

7.3The Software, information, and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The user shall observe such laws and in particular shall not modify, conceal or remove any text, marks or copyright notices neither from the software, information, documentation, or any copies thereof.

7.4Brand names, information, and other contents of the OnBRM Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Presys A / S.

7.5Except for the rights of use and other rights (for example Open Source) expressly granted herein, no other rights are granted to the user nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are absolutely not granted to the user.

7.6Presys A / S may, without charge, use any ideas or proposals stored by a user on the OnBRM Web Site for the development, improvement and sale of its products.

The user, however, after having contacted in writing Presys A / S gets a possibility to reach an agreement with Presys A / S.

8Liability for defects of title or quality
8.1Insofar as any software, information, or documentation is made available at low cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded. See Section 16.

8.2The information on the OnBRM Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of the subscription.

You should visit OnBRM's website at regular intervals to review the latest provisions that users must maintain.

9Our Protection of Your Data
9.1We shall maintain appropiate administration, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.

We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Paragaph 6.1 or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.

Services may be subject to other limitations, such as limits on disk storage space, limits on the number of calls you are permitted to make against Our application programming interface (API). Any such limitations are specified at OnBRM's website.

10Other Liability, Viruses
10.1The liability of Presys A/S for defects in relation to quality and title shall be determined in accordance with the provisions of Section 8 and Section 16 of these Terms of Use. Any further liability of Presys is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

10.2Although Presys A/S makes every endeavor to keep the OnBRM Web Site free from viruses, Presys cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

11Hyperlinks and Connections
 The OnBRM Web Site contains hyperlinks and other connections (e.g. Web Services) to the web pages and Web Sites of third parties. Presys A/S shall have no liability for the contents of such web pages and Web Sites and does not make representations about or endorse such web pages and Web Sites or their contents as its own, as the OnBRM Web Site or Presys A/S does not control the information on such web pages and Web Sites (or Web Services) and is not responsible for the contents and information given thereon. The use of such web pages, Web Sites or other connections shall be at the sole risk of the User.

12Duties of the User
12.1In accessing or using the OnBRM Web Site the user shall not:
  • Harm other persons, or infringe their personal rights
  • Breach public morality in its manner of use
  • Violate any intellectual property right or any other proprietary right
  • Transmit, store or upload hyperlinks (Web Services) or contents to which the User is not entitled, in particular in cases where such hyperlinks (Web Services) or contents are in breach of confidentiality obligations or unlawful
  • Distribute advertising or unsolicited emails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity
  • Upload any contents containing a virus, e.g. a Trojan Horse, or any other program that could damage data

12.2Presys A / S may deny access to the OnBRM Web Site at any time, in particular if the user breaches any obligation arising from these Terms of Use.

13Export Controls
13.1The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The user shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA.

13.2Upon request Presys A / S shall inform the User of the relevant contact points for further information.

14Data Privacy Protection
 For use, processing, and collection of personally identifiable data of the user of the OnBRM Web Site, Presys A / S shall comply with applicable laws on data privacy protection and the informations about Data Protection Privacy Policy, which can be read on the OnBRM Web Site (www.onbrm.com).

15Supplementary Agreements, Place of Jurisdiction, Applicable Law
15.1Any supplementary agreement requires the written form.

15.2The place of jurisdiction shall be Copenhagen as Voldgift (Arbitration) at Voldgiftsretten (The arbitral tribunal).

15.3The individual pages of the OnBRM Web Site are operated and administered by Presys A / S and/or its affiliates. The pages comply with the law applicable in Denmark where Presys A/S has its business residence. If Users access OnBRM Web Site from outside Denmark, they are exclusively responsible for compliance with all applicable local laws. Access to OnBRM Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where a user seeks to do business with OnBRM, the user should contact an OnBRM representative for the particular country for country specific business.

15.4These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with this document called Terms of Use. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

16Warranties and disclaimers
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND TOOLS AVAILABLE THROUGH ONBRM's WEB SITE IS ON AN "AS-IS" and "AS AVAILABLE" BASIS AND PRESYS A / S SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRESYS A / S AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, LOSS OF DATA AND BUSINESS INTERRUPTION (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY