By accessing or using the above Product, you accept this Agreement and agree to be bound by it. You represent and agree that you have the authority to accept and enter into this Agreement on behalf of the Customer. If you do not have such authority, or if you or the entity you represent does not agree with any of the provisions of this Agreement, you may not use the Product.
Unless defined below, all capitalized words used shall have the meanings given to them in the Agreement. In the event of a conflict between the Agreement and these Terms, the provisions of the Agreement shall prevail.
- In addition to the definitions contained in the Agreement, the following definitions shall apply to these Terms and the Attachments: “Maintenance” means the technical services provided by NTT DATA SPAIN or its Affiliated Company for the purpose of enabling the Customer to keep the Product under this License/Subscription in good working order, preventing its failure, expiration or deterioration. This may include Upgrades. Major Release” means substantial new features and enhancements, possibly API redesign and refactoring. Such a release will be marked by a new number in the first position of the version number, e.g., from 2.x to 3.0.
- “Minor Changes” shall mean minor new features and bug fixes. Such version is marked by a new number in the second position of the version number, e.g. from 3.0.x to 3.1.0;
- “Agreement” means the “NTT DATA SPAIN Product Terms and Conditions” entered between the Customer and NTT DATA SPAIN.
- “Update” means the modifications, revisions and new versions of the Products made by NTT DATA SPAIN. Updates include, but are not limited to, bug fixes, bug fixes and workarounds, Major Releases and Minor Changes.
License Scope. Restrictions on the Trial or Evaluation Version of the Product.
- Access, collaboration, interconnection, or any type of technical element that allows its relationship with third parties.
- Use or offer of the Product by direct competitors, (including through agents or representatives or any other type of direct or indirect representation) of NTT DATA.
- In general, any use of the Product in production environments or in any way that allows Licensee (including its subcontractors, third parties or collaborators) to obtain any direct or indirect economic benefit.
- If the Client wants to obtain a full version of the Product, it may request NTT DATA SPAIN and must sign a new contract.
Obligations of the parties
- The parties undertake to comply faithfully and accurately with the conditions set forth in the Contract and in these Terms.
- Specifically, the Client undertakes to:
a. Collaborate with NTT DATA SPAIN and its Affiliated Companies in everything necessary for the correct provision of the Product.
b. To provide NTT DATA SPAIN and its Affiliated Companies with all its technical requirements for the provision of the Product.
c. Provide NTT DATA SPAIN and its Affiliated Companies with all the information that NTT DATA SPAIN and its Affiliated Companies need or require for the provision of the Product.
d. To designate a valid interlocutor with whom NTT DATA SPAIN and its Affiliated Companies may communicate to receive the necessary information from the Client and to whom they may transmit their needs.
e. Comply with all the terms contained in the Contract and in these Terms.
- NTT DATA SPAIN and its Affiliated Companies undertake, in particular, to:
a. Provide the Product in a professional manner in accordance with the applicable professional standards.
b. To collaborate with the Client in everything necessary to ensure the correct provision of the Product.
c. Keep the Customer promptly informed of Product enhancements and Upgrades.
You grant NTT DATA SPAIN a limited and non-exclusive right to process the data you enter in the Product to comply with the legal obligations NTT DATA SPAIN assumes in these Terms. NTT DATA SPAIN confirms that your data will, always, be considered its property. Consequently, you assume full responsibility for allowing NTT DATA SPAIN to process your data. In any case, you will be considered the data controller in accordance with articles 4 and 7 of the General Data Protection Regulation (GDPR).
Without prejudice to the provisions of the preceding paragraph, you authorize NTT DATA SPAIN to collect and analyze the data created in connection with your use of the Product. You grant NTT DATA SPAIN a worldwide, perpetual, free and non-exclusive right to use the information and data to improve the Product, as well as for the performance of any other development, diagnostic or corrective purposes in connection with the Product and other NTT DATA SPAIN offerings.
The right granted in the first paragraph of this clause does not include any obligation for NTT DATA SPAIN to store or make backup copies of the data entered in the Product or of the results that you may obtain by using the Product. Therefore, you are solely responsible for storing and backing up your data and the results you may create in connection with the use of the trial version of the Product.
You warrant that you will not introduce into the Product any information, programs, other materials, data protected by data protection laws, information protected by intellectual and industrial property regulations or any other type of protected information, nor will you allow third parties to introduce such information without having the right to do so. Likewise, we inform you that it is prohibited to introduce into the Product or to allow a third party to introduce into the Product programs, materials, or data (for example, related to terrorism, child pornography or racist content) that violate the laws in force.
11. Geographic Scope; Applicable Law and Jurisdiction
- The rights, duties and obligations of the parties shall be valid only in the Spanish territory.
- The parties agree that the law of the Kingdom of Spain shall be the applicable law to interpret, govern and enforce the rights, duties and obligations of the parties that may arise under or in any way connected with these Terms, without prejudice to any possible conflict of laws.
- Any legal proceedings that may be brought under the Terms shall be subject exclusively to the jurisdiction of the Courts and Tribunals of Madrid.
- If any provision of the Terms is held to be void or unenforceable, the remaining provisions of the Terms shall remain in full force and effect.
- Nothing contained in these Terms shall affect the legal rights of consumers that cannot be cancelled or limited contractually.