CYPE one Terms and Conditions
CYPE one is an exclusive service for license holders of CYPE Ingenieros S.A. software, which includes the use of a temporary license for the software specified in each of its packages, for the duration of the annual subscription period, during which time users will have access to the "Enhancements" and "Updates" defined below.
"Enhancements" are the implementation of new options or features in existing software, provided that these are significant in scope and have a name and/or price different from the software in which they are implemented. Under no circumstances shall the creation of a new program be considered an enhancement.
"Updates" are minor changes made to the programs to facilitate their use or to adapt them to new circumstances or regulations, and the correction of detected errors. In the case of any uncertainty, the classification of software as an Update, an Enhancement or a new program shall be determined at the sole discretion of CYPE Ingenieros, S.A.
"CYPE one programs" are those programs that CYPE Ingenieros, S.A. makes available to the Licensee as part of the CYPE one subscription. The access to and operational use of these programs and modules are exclusively linked to the validity of CYPE one; consequently, in the event of cancellation or expiry of the subscription, the rights of use over them shall automatically cease. CYPE one is entered into between the Licensee and CYPE Ingenieros, S.A. in accordance with the specific and general terms and conditions described herein, and shall be supplemented by and governed by the terms set out in the license agreement for the programs to which it relates. The services specified in CYPE one may only be provided by CYPE Ingenieros, S.A., or its authorised distributors where applicable, and in the country of residence in which the contract is entered into.
- CYPE one entitles the Licensee to receive Enhancements and Updates to the relevant software developed by CYPE Ingenieros, S.A., as well as an extension of the Warranty for the duration of the license period. Furthermore, the Licensee shall have operational access to CYPE one services and software for as long as the license remains in force, subject to the general terms and conditions.
- In the event of cancellation, CYPE one services and programs will cease to be operational from the moment of cancellation; their reactivation will be subject to renewal, and the Licensee shall not have any right to use said programs and modules during the period not covered by the license.
- CYPE Ingenieros, S.A. reserves the right to determine the frequency of publication of the Enhancements, which will correspond to the versions in which they appear.
- CYPE one is non-transferable and shall automatically terminate if the Licensee sells, leases, assigns or otherwise transfers its license to use the programs to any third party. In such a case, access rights to CYPE one services and software will also terminate with immediate effect.
- The Enhancements covered by this contract may be made available to the licensee by CYPE Ingenieros, S.A. or through its agents and distributors.
- Payment for CYPE one must be made prior to the start of the annual subscription period, on the date of registration or renewal. Failure to pay will result in the suspension of CYPE one and, consequently, CYPE Ingenieros, S.A. will no longer be obliged to provide the services or any Enhancements and Updates made after such cancellation, and operational access to CYPE one services and programs will cease.
- CYPE Ingenieros, S.A. reserves the right to review its CYPE one rates annually and to apply any adjustments it deems appropriate to those rates.
- In the event of any dispute arising in relation to the interpretation of the terms of this contract, both parties hereby submit, expressly waiving any other jurisdiction to which they may be entitled, to the courts of Alicante,