Please read this Terms & Conditions (“T&C”) before You purchase a License Table Duck and subsequently make use of the Table Duck Software.
By purchasing a License and/or using the Table Duck Software, You agree, without reservation to be bound by the terms of this T&C. If You do not agree with the terms of this T&C, please do not purchase a License and/or make use of the Table Duck Software.
If You accept the terms and conditions in this T&C on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this T&C on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this T&C if You are not of legal age to form a binding contract with Table Duck.
In this T&C the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Contract” a contract that allows you to make use of the Table Duck Software
- “Subscription” a subscription that allows you to make use of the Table Duck Software
- “Documentation” the detailed information about the Table Duck Software, its features and the system requirements as made available on the website of Table Duck, as amended from time to time;
- “License” an unique subscription provided by Table Duck, which enables You to activate the Table Duck Software and to subsequently use the Table Duck Software during the applicable license term;
- “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
- “Table Duck” Table Duck B.V., Verdronkenoord 82, 1811 BG Alkmaar, the Netherlands with chamber of commerce registration number 78024137;
- “Table Duck Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Table Duck, including any Updates;
- “Updates” any modified versions and updates of, and additions to the Table Duck Software;
- “Use” the access, download, install, copy or get benefit from using the Table Duck Software in accordance with the documentation;
- “You” you, the final and ultimate user of the Table Duck Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Table Duck Software, and the company or other legal entity that will be the final and ultimate user of the Table Duck Software, if applicable.
2.1 This T&C applies to any licenses granted to You by Table Duck for the use of the Table Duck Software.
2.2 By purchasing a License for the Table Duck Software and/or using the Table Duck Software, You enter into this T&C with Table Duck.
2.3 This T&C may be modified from time to time. Table Duck will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License. Any modifications to this T&C shall only apply upon acceptance by You.
3.1 Table Duck grants You a non-exclusive, non-transferable, limited, revocable license to Use the Table Duck Software in accordance with this T&C. Table Duck reserves all rights not expressly granted to You.
3.2 Table Duck is and remains the owner of any intellectual property rights with respect to the Table Duck Ordering Chabot. You shall not acquire any ownership to the Table Duck Software as result of Your purchase of the License or Your Use of the Table Duck Software.
4.1 When signing up for a Table Duck subscription, you will receive an invoice by email. This invoice has a payment term of 14 days.
4.2 When payment terms are due, Table Duck has the right to stop or pauze your subscription
4.3 For Paddle orders, our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all of these orders. Paddle provides all customer service inquiries and handles returns
5. Permitted use and restrictions
5.1 You shall Use the Table Duck Software in accordance with applicable laws and shall not:
5.1.1 delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Table Duck Software; or
5.1.2 copy (except as otherwise provided in this T&C), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Table Duck Software and the License or any parts thereof, except to the extent permitted by applicable law.
5.2 Table Duck may modify the Table Duck Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
5.3 Certain components of the Table Duck Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions.
6. Maintenance and support
6.1 Table Duck will notify You of any available Updates and upgrades.
6.2 You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License. In order to receive Updates after this twelve months’ period, You will need to renew your License
6.3 You may need to pay an additional fee in order to be able to select an upgrade.
6.4 You can select available Updates and upgrades from the website of Table Duck.
6.5 Any maintenance and support provided by Table Duck, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
7. Use of data
7.1 Table Duck and its subsidiaries may periodically collect and use technical and related data concerning the Table Duck Software You have licensed. Table Duck will use such data to facilitate maintenance and support with respect to the Table Duck Software, to improve its products and to provide further services or technologies to You.
7.2 Table Duck may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the Table Duck Software and to comply with its obligations under this T&C. To the extent Table Duck will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that Table Duck has collected and received through its website.
8.1 You Use the Table Duck Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
8.2 The Table Duck Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Table Duck specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Table Duck, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
9. Liability limitation
9.1 The liability of Table Duck and any third party that has been involved in the creation, production, or delivery of the Table Duck Software for all damages arising out of or in any way relating to the License of the Table Duck Software and/or this T&C shall in no event exceed the total amount of $ 99.
9.2 Table Duck and any third party that has been involved in the creation, production, or delivery of the Table Duck Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Table Duck Software).
9.3 The limitations of liability referred to in clause 8.1 and 8.2 shall not apply in the event that: (i) any negligence on the part of Table Duck leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Table Duck or the management of Table Duck.
10.1 This T&C will continue to be in force until the expiry or termination of the Contract or Subscription.
10.2 Table Duck is entitled to terminate the Contract or Subscription by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this T&C, in the event You fail to pay Your (subscription) fee for the License within the applicable payment term, in the event Your (subscription) fee for You has been failed to pay within the applicable payment term, or in the event Table Duck is required to do so by law or an order of an applicable court.
10.3 Upon termination of the Contract or Subscription, You shall cease all use of the Table Duck Software.
10.4 You acknowledge that the provisions of this T&C, which by their nature are intended to survive termination, will remain in effect after termination of this T&C.
11. Governing law and disputes
11.1 This T&C shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.
11.2 Any dispute between Table Duck and You shall exclusively be submitted to the competent court in The Hague, the Netherlands.