License Agreement

This License Agreement is a legally binding agreement between company Cut Configurator OÜ (“Cut Configurator”, “the Company”, “we” or “us”) and between you (“Client” or “Licensee”) and constitutes the legal basis for the download, installation, access and general use you (either an individual or entity) make from the Cut Configurator web application (“Product”).

The Product, the Cut Configurator website (cut-configurator.com) (the “Site”), including any feature, functionality, data, and content therein will be herein referred to as the “Services”.

By accessing, using, downloading or installing our Services you acknowledge that you have read these License Agreement and our Privacy Policy which is incorporated herein by reference, as may be amended from time to time (collectively “the Agreement”). This Agreement shall govern any kind of use and features offered via the Services as may become available occasionally. You agree to be bound by this Agreement and to comply with them fully.

If you do not agree to any of the Agreement you should immediately stop using the Services. In this case, you may not download, copy, access or install the Product or use any of our Services in any manner whatsoever.

Article 1: Definitions

1.1 Services: the entire work of Cut Configurator for the implementation of this Agreement.
1.2 Fault: a defect in the Software that leads to the Software not functioning in accordance with the Specifications or otherwise, non-compliance of the Software with the License Agreement.
1.3 Defect: a fault in the Software that leads to the Software not functioning in accordance with the agreed Specifications or otherwise, non-compliance of the Software with the Agreement.
1.4 Incidents: an event that causes the Software not to function in accordance with the agreed Specifications or not to be available for use at the Location.
1.5 License Agreement: the agreement between Licensee and Cut Configurator [or third party], on the basis of which, the Licensee obtains user rights for the Software.
1.6 New Version: a subsequent version of the Software with predominantly new or changed functionalities, whether or not released with a different name.
1.7 Support: the provision of assistance by employees in the case of Incidents, as well as advising on the use and functionality of the Software.
1.8 In Writing: the term ‘in writing’ also includes by email, fax or other electronic medium.
1.9 Website: www.cut-configurator.com
1.10 Specifications: a description of the functionality and operation of the Software in connection with the browser configuration.
1.11 Start date: the date the (main) contract was entered into.
1.12 Temporary License: time-limited, non-exclusive rights to use the Software. These user rights are granted by Cut Configurator to the Licensee in exchange for payment of a periodic fee.
1.13 Update(s): a new release of the Software, in which previously known Defects have been removed and/or a limited improvement or expansion of the existing functionality has taken place.

Article 2: Services

2.1 From the Start Date, Cut Configurator will make the Software available and keep it available for use in accordance with the License Agreement.
2.2 Cut Configurator hereby grants the Licensee the Temporary License with regard to the Software as further described on the Website.
2.3 Cut Configurator will provide Licensee with support in the application of the Service and possible problems encountered with it by Licensee’s employees.

Article 3: Terms of use

3.1 The Temporary License has the following limitations:
- 1. The Licensee is not permitted to give the Software to third parties or to use it for third parties, unless agreed otherwise.
- 2. The Licensee is not permitted to change or modify the Software.
- 3. The Licensee is not permitted to reconstruct the source code of the Software by means of reverse engineering. If the Licensee requires information to effect interoperability of the Software with computer software of the Licensee itself or of third parties, the Licensee will request the necessary information from Cut Configurator in writing, stating reasons for this. Cut Configurator will then notify the Licensee, within a reasonable period of time, whether the Licensee can obtain the requested information and the conditions under which it is provided.
- 4. The Licensee is not permitted to remove any designation concerning copyrights, trademarks, trade names or other rights of (intellectual) property from the Software and/or the Documentation.
3.2 Cut Configurator is entitled to investigate whether the Licensee is using the Software in a manner that corresponds with the terms and conditions of the License Agreement. The Licensee undertakes to cooperate with such an audit. Cut Configurator bears the costs incurred for such an audit, both its own costs and the Licensee’s costs.
3.3 The agreement is entered into for a period of one year.
3.4 After the expiry of the agreed period, the agreement is tacitly renewed each time for the same period and may be terminated on a monthly basis.
3.4 Parties are entitled to terminate the Agreement with due observance of a notice period of one month.
3.5 A party is also entitled to terminate the agreement with immediate effect in whole or in part, without any obligation for damage compensation of that party, if one of the following circumstances occurs:
• the counter-party applies for bankruptcy;
• the counter-party is declared bankrupt;
• the counter-party is granted a moratorium of payments (whether or not provisionally);
• the enterprise of the other party is terminated or transferred in whole or in part to a third party.
3.6 If the agreement is canceled, no reimbursement will be made of the prepaid user-independent payments, unless agreed otherwise.
3.7 The delivery times stated by Cut Configurator are not binding. Exceeding the delivery time does not entitle the Client to any compensation or dissolution of the agreement, without prejudice to the statutory provisions regarding the purchase by a consumer.
3.8 Delivery periods will only commence after the Client has received all information requested by Cut Configurator, the required forms have been completed and signed and payment of amounts owed has been made correctly. The Client guarantees Cut Configurator the correctness of the data entered and indemnifies Cut Configurator for any claim from a third party in this respect.

Article 4: Compensation

4.1 Immediately after entering into the License Agreement, Cut Configurator is entitled to invoice the License Fee which is due for the first year that this License Agreement proceeds. All additional costs are billed monthly, in arrears. The Licensee shall pay Cut Configurator the relevant parts of the License Fee within 14 days after receipt of the invoice concerned.
4.2 Taxes, levies, and other additional costs due on the License Fee are not included in the License Fee.
4.3 If the Licensee does not pay the amounts due within the agreed terms, once the Licensee is in default, the Licensee will then owe Cut Configurator the statutory commercial interest on the outstanding unpaid amount.

Article 5: Updates and New versions

5.1 From time to time, Cut Configurator will issue Updates in connection with the maintenance or optimisation of the Software. Cut Configurator does not require (written) permission from the Licensee to do so.
5.2 If Cut Configurator releases a New Version, it will also make it available to the Licensee.

Article 6: Cooperation of the Licensee

6.1 Cut Configurator’s obligations pursuant to this Agreement with regard to the implementation of the services do not affect the Licensee’s obligation to establish, maintain and implement adequate procedures and control mechanisms, taking into account the nature and scope of the interests of use, as well as preventing or limiting damage resulting from possible irregularities in the service. The Licensee will ensure that its staff are adequately trained and informed about the operation of the Software.
6.2 Specifically, the Licensee will ensure adequate information and contractual agreements with external users who, for example, via the internet, without the actual intervention of a member of the Licensee’s staff, perform actions that also make use of the Software, about the risks associated with the use of an automated system for carrying out transactions and related services.

Article 7: Intellectual property rights

7.1 The intellectual property rights relating to the Software are vested with Cut Configurator or its licensor(s).
7.2 The Licensee retains the ownership rights to files, designs, models, datasets, images, documents or similar material produced by the Licensee and sent or uploaded by the Licensee.
7.3 With regard to the programs, applications, scripts and apps provided, Cut Configurator grants the Client a temporary, simple right of use limited to the term of the agreement. The provisions from the license agreement apply to own software. Otherwise, the license provisions of the relevant producers apply.
7.4 The intellectual property rights relating to Cut Configurator’s software rest with Cut Configurator and never transfer to the Client.
7.5 Intellectual property rights, or other rights, of third parties may not be damaged.
7.7 In the case of violation of these provisions, Cut Configurator is entitled to block the website, on which content or software of the web application or plugin is used in violation of the license, or a project for which the web application is used in violation of the license, until the legality of the use has been demonstrated.

Article 8: Transfer

8.1 The parties are not permitted to transfer the rights and obligations from the License Agreement to a third party without the prior written consent of the counter-party. The party that is asked for permission is entitled to attach conditions to the granting of this permission.

Article 9: Change to this License Agreement

9.1 Cut Configurator reserves the right to change or supplement this License Agreement.
9.2 Changes also apply to contracts which have already been entered into, with due observance of a period of 30 days after notification to the client, but only if the relevant agreements serve to provide services for a period of 12 (twelve) months or longer.
9.3 Cut Configurator will seriously consider any objections reported by the client within this period, and may revoke or adjust the relevant changes on the basis of these objections. If Cut Configurator makes an objection, the client will be entitled to terminate the agreement at the end of this period.

Article 10: Client’s Obligations

10.1 The Client is responsible for the (proper) security of his account and for all activities that take place under the account, as well as for the activities relating to the account and the website.
10.2 The Client must keep its login details, his username and password strictly confidential.
10.3 The website may not be used in a misleading or unlawful manner.
10.4 Cut Configurator must be informed immediately of any unauthorised use of the website or account and other breaches of security.
10.5 The Client must change the password as soon as possible if it knows or suspects that its log-in details have come into the hands of unauthorised persons.
10.6 The Client shall observe generally accepted values and standards that apply to communication over the Internet, in particular the rules of the Netiquette.
10.7 The Client will not perform any actions which it can reasonably suspect would hinder the other users of the internet and / or connected networks.

CONTACT US

If you have questions or concerns regarding this Agreement, you should first contact us by email at [email protected] or

Tallinn, Kesklinna linnaosa, Tuukri tn 19-315, 10120, Estonia

Last Updated: July 16, 2024