PANAPPS: Name given to the developer of the Educalabs Platform and its respective management system. Private legal entity registered with CNPJ nº 07.594.910 / 0001-99, with headquarters in the city of São Paulo, at Rua Bertioga 149, cj 42, CEP: 04141-100.
LICENSEE: Licensee is identified by the information previously provided when requesting the use of the Educalabs Platform for demonstration.
1.1. The object of this Agreement is the free Licensing of the Educalabs Platform for demonstration.
1.2. At Panapps’ discretion, in this licensing modality, the Platform may have limited functionality and some content blocked.
1.3. This license is free and has a term determined by Clause 5.
2.1. Due to its free and demonstrative nature, this license must comply with the sole purpose of these Terms, which is the demonstration of the Educalabs Platform.
2.2. This License is governed by the Clauses of this instrument, in a specific manner, consistent with the free character and temporary demonstration of the licensed Software.
3. PROVISION OF SERVICES
3.1. PANAPPS, due to the condition and character of the demonstration of the software object of this contract, will not perform or be responsible for the maintenance of the data entered in the system, in this way, all the data entered will be lost at the end of this contract.
3.2. The intellectual property on the Educalabs Platform is not the subject of this agreement and remains the exclusive property of PANAPPS.
3.3. Access to the Educalabs Platform, on a demonstrative basis, will be made available through the provision of test accounts (login and password), which will enable access to the Platform for the period established in clause 5.
3.4. It is strictly forbidden for the LICENSEE to reproduce, distribute, alter, reverse engineer or make use of any attempt to revert to its source code any of the components that make up the Software.
3.5. The LICENSEE expressly acknowledges that the Educalabs Platform, as well as the logos, brands, insignia, symbols, distinctive signs, manual (s), associated technical documentation and any other related materials, constitute, as appropriate, copyright, trade secrets, and / or PANAPPS property rights, these rights being protected by national and international legislation applicable to intellectual property and copyright, especially as it contains the Brazilian Laws numbers 9,609 and 9,610. The LICENSEE is expressly prohibited in relation to the Software: assign, donate, rent, sell, lease, loan, reproduce, modify, adapt, translate; incorporate into other programs or systems, own or third parties; offer in guarantee or pledge; dispose or transfer, totally or partially, under any title, free of charge or for a consideration; decompile, change the engineering (reengineering), in short, give any other destination to the Software or part of it – other than the simple use in the form provided in the FIRST CLAUSE.
3.6. In this type of license, Panapps is at its discretion to clarify technical doubts about the Educalabs Platform, which does not generate any right of the LICENSEE to require PANAPPS to provide technical support services as best suits it.
4. AUTHENTICITY OF THE DATA PROVIDED BY THE LICENSEE
4.1. The LICENSEE declares the data provided for identification to be true.
5.1. This contract is valid for 14 (fourteen) days, counting from the supply of the login and password, and, at the end of this period, access to the Platform will be interrupted, not being possible to use it.
5.2. PANAPPS may, at its discretion and unilaterally, extend the term of this license for the period that best suits it, which does not give the LICENSEE the right to demand that the term be extended.
6. RESPONSIBILITY RESTRICTIONS
6.1. The Software is provided “as is” without any other warranty. The LICENSEE assumes all risks and responsibilities for the use of the Educalabs Platform, in view of its merely demonstrative use.
6.2. PANAPPS does not guarantee that the Software is free of errors, possible interruptions or failures, or that it is compatible with any specific hardware or Software. To the maximum extent permitted by applicable law, the company disclaims all warranties, whether express or implied, including, without limitation, implied warranties of business suitability, suitability for a specific purpose and non-infringement with respect to the Software and the accompanying written materials.
6.3. The LICENSEE assumes the total cost of any damage caused by the use of the Software itself, by the information contained or compiled by the Software and by the interaction (or malpractice in the interaction) with any other hardware or Software, whether provided by the company or by third parties. To the maximum extent permitted by applicable law, under no circumstances will the company, nor its suppliers or licensors, be liable for any damages (including, without limitation, damages for lost profits, business interruption, loss of commercial information, loss of intangible assets, interruption breakage, damage or failure in the hardware or Software, repair costs, loss of working time or other pecuniary losses) arising from the use or inability to use the Software, or incompatibility of the Software with any hardware, Software or type of use.
6.4. In no case will any of the parties be liable in relation to the other party for lost profits, or for indirect, special, incidental, consequential, coverage or punitive damages, whatever the cause, whether of a contractual nature, or by an unlawful act, or according to any other theory of liability, whether or not the other party was notified of the possibility of such damages. The foregoing exemption will not apply when prohibited by applicable law.
7. USER PRIVACY
8. MAINTENANCE OF ACCESS
8.1. PANAPPS reserves the right, at any time, to cancel this license, regardless of motivation or prior notification, excluding any conventional penalty or indemnity.
9. GENERAL PROVISIONS
9.1. The relationship of the Parties shall comply with the principles of good faith, trust, loyalty and cooperation, with each Party refraining from adopting conduct that harms the interests of the other.
10. APPLICABLE LAW AND JURISDICTION