Terms of Use: License Agreement
The following are the terms of use (“License Agreement”) that shall be applicable to the use of the Codealike Software (“Software”) and its related website located at the URL www.codealike.com (“Website”).
WHEN YOU DOWNLOAD, ACCESS AND IN ANY WAY USE THE SOFTWARE OR SURF AND REGISTER WITH THE WEBSITE, YOU BECOME A LINCENSEE (“LICENSEE”) OF THE SOFTWARE AND ARE BOUND TO COMPLY AND RESPECT THE PRESENT AGREEMENT ENTERED INTO WITH CODEALIKE S.A. BY ACCESSING, IN ANY WAY USING THE SOFTWARE OR BY SURFING THROUGH AND REGISTERING WITH THE WEBSITE YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH CODEALIKE S.A. (“CODEALIKE”), WHO IS THE LISENSOR OF THE SOFTWARE AND A LEGAL ENTITY DOMICILED AT AV. IGNACIO NUNEZ 6220, CIUDAD AUTONOMA DE BUENOS AIRES. IF YOU DO NOT AGREE WITH ANY OR ALL THE CLAUSES OF THIS AGREEMENT, DO NOT DOWNLOAD, ACCESS OR USE THE SOFTWARE OR REGISTER WITH THE WEBSITE.
I. THE SOFTWARE
Introduction
Codealike has created a new plug in to Eclipse and Microsoft’s Visual Studio. Codealike offers its Software to the general public according to the terms of use of the present License Agreement. Codealike recognizes Eclipse’s and Microsoft’s exclusive intellectual property rights over its program Visual Studio. Licensees acknowledge that Codealike does not and cannot license any intellectual property rights over Eclipse or Microsoft’s Visual Studio and that the functions, availability and development of the said programs are their sole and exclusive liability.
Codealike also provides developers with the possibility of building group metrics and performance reports through special features. Licensees may build teams with other Licensees and they may enable this special feature to receive collective metrics.
Codealike provides monthly and yearly licenses for the cost detailed on the Website. Premium Memberships include all the services provided for Basic Memberships and also access to full rankings, comparisons with your personal, team and the community’s track record and the analysis of focus curves and interruptions. Codealke suggests www.2checkout.com for the payment of these costs or other online payment systems available on the Website.
Premium Monthly and Yearly MembershipsCodealike provides Licensees the possibility to use the Software without any related costs. Basic memberships include personal and team reports, timeline reports, KPI dashboard, facts and achievements metrics and the access to partial rankings.
II. INTELECTUAL PROPERTY RIGHTS
A. Copyright and Intellectual Property Rights of the SoftwareCodealike has sole and exclusive ownership of all right, title, and interest in and to the Software, including all copyright and any other intellectual property rights therein. This License Agreement conveys a limited license to use the Software and shall not be construed to convey title to or ownership of the Software to Licensees. All rights in and to the Software not expressly granted to Licensee are reserved by Codealike.
Codealike hereby grants Licensee a perpetual, worldwide, nonexclusive, nontransferable licence to install and use the Software on one PC or laptop for Licensee’s own use only. This licence is in respect of use of the Software by the Licensee only and no subsidiaries or holding company of the Licensee may use the Software.
Except as expressly permitted in this License Agreement, Licensee shall not, and shall not permit others to:
- modify, translate, create derivative copies of or copy the Software, in whole or in part;
- reverse engineer, decompile, disassemble or otherwise reduce the Software to source code form;
- distribute, sublicense, assign, share, timeshare, sell, rent, lease, or otherwise transfer the Software or Licensee’s right to use the Software;
- remove or modify any copyright, trademark, or other proprietary notices of Codealike or Corvalius affixed to the media containing the Software or contained within the Software; or
- use the Software in any manner not expressly authorized by this License Agreement.
Codealike has all copyright, intellectual and industrial property rights over all the designs, texts, trademarks, graphics, images, videos, software, music, sounds and other contents on the Website (“Codealike Website Contents”), excluding third party intellectual property rights. Codealike Website Contents shall not be subject to any kind of modifications, copies, duplications or imitations and shall not be partially or totally downloaded, reproduced, transmitted or sold, without Codealike’s prior written consent.
Licensees shall not load or post Codealike Website Contents in other websites or any other media, nor shall they include them in any data bases or compilations. Codealike only grants its Licensees the right to make copies, downloads or prints of Codealike Website Contents, exclusively for personal uses and as long as all its copyright, intellectual and industrial property remain intact. This limited license may be revoked at any time and with or without cause or prior notification. Except for the latter exception, no clause of the present License Agreement may be interpreted as expressly or implicitly granting Licensees licenses of any copyright, intellectual or industrial property rights over Codealike Website Contents.
The use of the Website or its contents in violation of the License Agreement or the applicable law, shall entitle Codealike to cancel the liable Licensee’s account and may seek the repair of any damages caused.
III. CANCELLATION
If any violation of the License Agreement or Privacy Policies is detected, Codealike shall be entitled to cancel, with or without cause, any Licensees’ account at any time without prior notification.
Codealike shall block access to the account or Website to any Licensee that is a single or recurrent offender of the License Agreement and the Privacy Policies, the applicable law and generally accepted moral codes or norms of good behavior. Furthermore, Codealike shall be entitled to partially or totally suspend, restrict, limit and/or discontinue the Software, with or without prior notification. However, Codealike may notify the Licensees of interruptions that take place, if the circumstances allow it. Codealike shall not be in any way liable for the cancellation.
IV. LIMITATION OF LIABILITY
CODEALIKE IS NOT LIABLE FOR DIRECT, INDIRECT, UNFORESEEABLE, MEDIATE OR PUNITIVE DAMAGES (EVEN IF CODEALIKE WAS INFORMED OF THEIR EXISTENCE) THAT MAY ARISE IN RELATION TO THE USE OF THE SOFTWARE, EVEN IF THE DAMAGES ARISE OUT OF: THE USE OR ABUSE OF THE SOFTWARE OR ITS WEBSITE, THE IMPOSSIBILITY TO USE THE SOFTWARE OR ITS WEBSITE OR DUE TO THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR CANCELLATION OF ANY OR ALL SERVICES.
LICENSEE ACKNOWLEDGES THAT WHILST THE SOFTWARE MAY BE USED IN COMBINATION WITH THIRD PARTY SOFTWARE, CODEALIKE BEARS NO LIABILITY, HOWSOEVER ARISING, FOR ANY LOSS, DAMAGE OR COST THAT ARISES FROM A FAILURE OF THE SOFTWARE TO INTEGRATE WITH LICENSEE OR THIRD PARTY SOFTWARE.
THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW.
V. EXCEPTION OF WARRANTY
LICENSEES EXPRESSLY CONSENT THAT THE USE OF THE SOFTWARE AND ITS WEBSITE ARE UNDER THEIR FULL RESPONSIBILITY. THE SOFTWARE AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND “AS MADE AVAILABLE”, WITHOUT ANY WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LICENSEES EXEMPT CODEALIKE, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ALL WARRANTIES, EXPRESSED OR IMPLIED, IN RELATION TO THE SOFTWARE OR WEBSITE AND ITS USE. CODEALIKE DOES NOT WARRANT NOR REPRESENTS THE CERTAINTY, AVAILABILITY NOR ACCURACY OF THE SOFTWARE OR ANY OF THE SERVICES ACCESSED FROM THE WEBSITE. CODEALIKE DOES NOT ASSUME ANY LIABILITIES FOR (I) ERRORS, INACCURACIES OF THE SOFTWARE, (II) PERSONAL INJURIES TO PROPERTY OR ANY KIND OF DAMAGES THAT MAY ARISE DUE TO THE ACCESS AND/OR USE OF THE SOFTWARE OR WEBSITE (III) UNAUTHORIZED ACCESS AND/OR USE OF CODEALIKE’S SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OF THE TRANSMISSIONS TO OR FROM THE WEBSITE (V) ANY FLAW, VIRUS, TROYANS OR SIMILAR MALWARE THAT MAY BE TRANSMITTED TO OR FROM THE SOFTWARE OR WEBSITE BY A THIRD PARTY, AND (VI) ANY ERROR OR OMISSION IN CONTENTS OR ANY LOSS OR DAMAGE CAUSED THAT MAY ARISE AS A RESULT OF THE USE OF THE SOFTWARE OR WEBSITE.
VI. INDEMNIFICATION
Licensees agree to defend, indemnify and hold harmless Codealike from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Software and the Website and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this License Agreement. Licensees agree that the provisions in this paragraph will survive any termination of their account(s) or the Software.
VII. MISCELANEA
A. Applicable LawThis Agreement and any disputes arising out of or relating to the Agreement shall be governed by the law of the Republic of Argentina, excluding any conflict of law rules.
B. JurisdictionAny Disputes arising out of or in connection with this Agreement shall be resolved by the courts of the City of Buenos Aires, Argentina.
C. NotificationsFor all legal, judicial and extrajudicial effects, Codealike constitutes its legal domicile at AV. IGNACIO NUNEZ 6220, CIUDAD AUTONOMA DE BUENOS AIRES, ARGENTINA where all notifications concerning the site shall be valid.
D. SeverabilityIf any provision of this License Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.
E. ModificationCodealike reserves the right to modify, supplement or replace the License Agreement, effective upon posting at www.codealike.com Licensees acknowledge that should they persist in the use of the Software or its Website after the posting of the modifications, then they have implicitly accepted the new License Agreement. Licensees have the obligation to visit the Terms and Conditions and this License Agreement’s site to control if there have been any modifications.
F. LanguageCodealike provides its Licensees with versions of this License Agreement in other languages. However, should there be any differences; the original and binding version shall be the Agreement in its English version.