Licenstack
Terms & Conditions
Licenstack Solution is a solution intended to be used by any company seeking a simple solution for aggregating all its licenses on a single platform (referred to as “Client” or “you”). Licenstack Solution is designed, operated and maintained by Licenstack France SAS, a French société par actions simplifiée à associé unique with registered offices located 229, Rue Saint-Honoré, 75001 Paris, France, registered with the Paris register of commerce and companies under number 924 993 199 (referred to as “Licenstack SAS”).
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE STARTING TO USE LICENSTACK SOLUTION. BY USING LICENSTACK SOLUTION, YOU CONFIRM THAT YOU ACCEPT THESE GENERAL TERMS AND CONDITIONS AND THAT YOU AGREE TO COMPLY WITH THEM. You shall not use nor access Licenstack Solution if you do not agree with the General Terms and Conditions or if you are unable to be legally bound by the General Terms and Conditions. If you are an individual entering these General Terms and Conditions on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity to these General Terms and Conditions. You agree and acknowledge that these General Terms and Conditions may be modified by Licenstack from time to time at its sole discretion by posting the updated terms on the Platform.
Article 1. DEFINITIONS
In these General Terms and Conditions, the following terms shall have the meaning hereafter assigned to them:
means a license on a Vendor Product.
means a product, including a software product, edited by a Vendor and used by the Client.
Article 2. PURPOSE OF THE AGREEMENT
The purpose of the Agreement is to define the conditions under which (i) Licenstack undertakes to make Licenstack Solution available to Client and (ii) Client undertakes to use Licenstack Solution in accordance with the terms of the Agreement.
In the event of a contradiction between the contractual documents, these shall apply in the following order of precedence: (i) the General Terms and Conditions and (ii) the Documentation.
Article 3. DESCRIPTION OF LICENSTACK SOLUTION
3.1. Presentation of Licenstack Solution
Licenstack Solution provides a technical solution that enables Client to manage its Vendors Licenses by buying, allocating, reallocating or removing Vendors Licenses through Licenstack Platform. Upon demand by Client, Licenstack shall request from Vendors, including through Vendors Direct Resellers, the acquisition, allocation, reallocation or termination of Vendors Licenses on behalf of Client.
Licenstack is independent from Vendors and Vendors Direct Resellers. Licenstack acts as an authorized indirect reseller of Vendors Licenses. Licenstack does not provide any recommendation nor advice on the suitability of Vendors Products to Client’s needs, and it is Client's sole responsibility to assess whether Vendors Products are suited to their needs. In addition, Client acknowledges and agrees that each Vendor License is subject to Vendor’s terms and conditions of use, which are available on each Vendor’s website, and their acceptation is a condition requested by each Vendor to be able to use Vendors Products.
3.2. Access to Licenstack Solution
Administrator account creation on Licenstack Platform. To access Licenstack Solution, you shall create an administrator account on Licenstack Platform and enable Licenstack to create or connect to each account you may have with Vendors through Vendors APIs. Of course, access shall be granted only to your Vendors accounts that you wish to manage through Licenstack Platform. Once the authorization to connect to Vendors APIs has been granted to Licenstack, you will be able to use Licenstack Platform to manage these Vendors Licenses. You will still have access to your Vendors API, except the billing section as provided in article 5.2 of the present Agreement. The administrator account holds the rights to purchase, allocate, reallocate or withdraw Vendors Licenses, as well as the ability to transfer the administrator account.
Other accounts creation on Licenstack Platform. Once your administrator account has been created, you can create and assign two types of accounts: (i) other administrator accounts which have the same rights as the administrator account, except the ability to transfer the administrator account, or (ii) end-user accounts which only have authorized access to Vendors Products allocated to their account.
Authorized Users. Regardless of the type of account, Client shall limit access to Licenstack Platform to its Authorized Users only, who shall have the legal authority to bind the Client. Each Authorized User shall have its own login credentials which are personal and confidential to access the Platform. You must take all necessary security measures to protect their confidentiality. Any access to the Licenstack Platform and/or purchase through the Platform made using any Authorized Users’ login credentials are deemed to have been made by you and therefore, commits you. You are solely responsible for the control, monitoring, purpose and security of the use of the Licenstack Software.
Technical requirements. You shall ensure that your network and systems comply with the reasonable and relevant specifications provided by Licenstack in the Documentation or such reasonable industry standards applicable for access to services of this nature. You are responsible for procuring and maintaining your network connections from your systems to Licenstack Platform. Except regarding the Licenstack Technical Services provided by Licenstack, you are responsible for configuring your information technology, computer programs, virus protection software and any other platform needed to access the Licenstack Platform. You shall not use any computer software or tool(s) provided by third parties that may hinder the proper functioning of Licenstack Software. You must report swiftly to us any Anomaly to the use of Licenstack Platform.
3.3. Right to use Licenstack Software
Client is granted a personal, non-exclusive, non-transferable and non-assignable right to use Licenstack Software via the Platform in accordance with the terms of the Agreement. This license is granted throughout the Term of the Agreement, in consideration of Licenstack commission .
For the sake of clarity, this right to use Licenstack Software via the Platform does not include any right to use Vendors Products, which are managed by separate terms and conditions provided directly by Vendors.
3.4. Licenstack Technical services
Licenstack shall put in place the material, organizational and human resources necessary for the proper performance of the Agreement. All Licenstack Technical Services listed below are included within the Licenstack commission and shall not involve any additional fee. Again, Licenstack Technical Services cover only Licenstack Software, and Client acknowledges and agrees that these services do not cover any Vendor Product.
Hosting and backup. Licenstack hosts and organizes regular backups of Licenstack Software and Client Data on AWS servers located in Europe.
Support. Licenstack makes available to Client a support service to (i) declare Anomalies and (ii) obtain assistance regarding the use of the Platform. The support service is accessible through the dedicated helpdesk accessible on Licenstack Platform. The support service is available during Licenstack’s usual opening hours (from 9:00 a.m. to 5:00 p.m., Central European Time), on Business Days. Any report of an Anomaly must include a detailed description of the Anomaly encountered, the conditions for reproducing the Anomaly and a description of the impact on the functioning of the Licenstack Platform. Licenstack shall make its best efforts to handle support requests in a timely manner.
Maintenance. Licenstack integrates technical updates on an ongoing basis to Licenstack Software in order to correct any identified bug and improve Licenstack Solution.
Reversibility. Upon termination of the Agreement, for any reason whatsoever, Client shall:
Contact Vendors to disable access to their Vendors account by Licenstack;
Request from Licenstack, by email to support@licenstack.com, within thirty (30) days from the end of the Agreement, to recover any Client Data shared with Licenstack during the course of the Agreement. On receipt of the written request, Licenstack undertakes to use its best efforts to allow the Client to recover its Client Data in a timely manner and in CSV format on a secure server made available by Client. The Parties agree that any additional request is not included in Licenstack Technical Services.
3.5. Licenstack Service-level
Licenstack guarantees the availability of Licenstack Software, via the Platform, for ninety five percent (95%) of the time during a given calendar month, based on Business Days and working hours only (from 9:00 am to 5:00 pm). Client is informed that connection to Licenstack Platform is made via the Internet network and that technical hazards may affect this network and lead to downtime or unavailability of the Licenstack Platform outside of the control of Licenstack.
Except in cases of emergency requiring shorter deadlines, Licenstack shall inform Client at least seventy-two (72) hours in advance of any interruption of access to Licenstack Platform for which it is responsible or of which it becomes aware, providing an approximate duration. Licenstack shall endeavor to schedule maintenance outside normal periods of use. These maintenance periods are excluded from the above-mentioned availability rate. In the event of a security breach identified by Licenstack, which could seriously compromise the security of Licenstack Software and the Client Data, Licenstack may, without prior notice, proceed with a temporary interruption of Licenstack Platform to remedy the security breach as soon as possible. Such interruptions shall not give rise to any right to compensation of Client.
Article 4. PROPRIETARY RIGHTS
4.1. Client Data
All Client Data shared with Licenstack either directly or through Vendors APIs under the Agreement shall remain the sole property of Client.
Client grants Licenstack a license to use the Client Data in the framework of the Agreement and for statistical purposes (anonymous and aggregated data). Client guarantees that Client Data are lawful and do not infringe the rights of third parties and holds Licenstack harmless against any third-party claims.
For the sole purpose of operating Licenstack Solution, Client acknowledges and agrees that all Client Data communicated to Licenstack may be shared, where necessary, with Licenstack’s subcontractors listed in article 11 of the Agreement.
Licenstack undertakes to implement the appropriate technical means to ensure the security, integrity and confidentiality of Client Data.
4.2. Vendors Intellectual Property Rights
All Intellectual Property Rights on Vendors Products remain the sole property of Vendors, as defined in the applicable terms and conditions of such Vendors, that are third parties to Licenstack. For more information, see the relevant Vendors terms and conditions referenced on Vendors’ websites.
4.3. Licenstack Intellectual Property Rights
Licenstack is and remains the exclusive owner of all Intellectual Property Rights over Licenstack Software. The Agreement cannot under any circumstances be interpreted as an assignment and does not transfer to Client any title or ownership of Licenstack Software. The only right to Licenstack Software granted by Licenstack to Client according to the Agreement is the right to use described in article 3.
Except as expressly provided in the Agreement, Client shall not, directly or indirectly: (i) use Licenstack Software for purposes other than those authorised by the Agreement or for the benefit of any other person or entity not referred to in the Agreement, and (ii) reproduce, copy, modify, adapt, transcribe, store, translate, represent, distribute, assign, lease or otherwise transfer Licenstack Software, in whole or in part, free of charge or not, for any reason whatsoever.
In the event that Licenstack Software or part thereof is likely, according to Licenstack, to be the subject of an infringement action, Licenstack undertakes, at its sole discretion and expense, to: (i) modify or replace all or part of Licenstack Software in order to stop the infringement claim, or (ii) obtain the right to use the elements covered by the infringement claim from the third party owner, without any additional fee to be paid by Client, or (iii) terminate the Agreement under the conditions provided herein.
Licenstack shall defend, indemnify and hold Client harmless against any claim incurred as a result of claims, proceedings or legal actions brought against Client by a third party claiming that Client’s use of Licenstack Software infringes any intellectual property rights of such third party. This warranty does not apply and Licenstack is not responsible for any claim or request arising out of: (i) an allegation that does not specifically indicate that the claim is based on Licenstack Software; (ii) the use or combination of Licenstack Software or part thereof with software, hardware or other elements not developed by Licenstack if the use of Licenstack Software without this combination would not constitute an infringement, (iii) the modification of Licenstack Software by a third party, if the use of the unmodified Licenstack Software would not constitute an infringement, or (iv) an allegation made against Client before the Agreement enters into force or based on actions taken by Client before the entry into force of the Agreement.
Article 5. FINANCIAL CONDITIONS
5.1. Pricing
Vendors Licenses price. Before any order of a Vendor License through the Platform, Client shall be informed, on Licenstack Platform, of the price and duration of such Vendor License. By ordering the corresponding Vendor License, Client accepts the price and duration and undertakes to pay such price in its entirety regardless of the termination of the Agreement and the payment method chosen by Client. Client acknowledges and agrees that the price of monthly and annual Vendors Licenses may vary in time. In such case, you will be informed via the Platform and/or by email. Client is solely responsible for all Vendors Licenses orders made through Licenstack Platform. Licenstack shall not be liable for any costs or losses resulting from inaccurate, incorrect or incomplete orders, or any delays or failures in submitting orders.
Licenstack Commission. Vendors Licenses price as described above include Licenstack commission. Such commission shall be paid to Licenstack by Vendors or Vendors Direct Resellers.
5.2. Payment conditions
Payment method. Once Client has accepted a Vendor License price and has undertaken to pay it in its entirety, several payment methods are available depending on the license type and duration, including (i) perpetual licenses which involve a single upfront payment, (ii) monthly subscription licenses which involve a monthly payment, (iii) annual subscription licenses which involve an annual payment, (iv) annual subscription licenses with monthly payment, which involve a monthly payment with a commitment of on year, and (v) volume based licenses which involve a monthly payment based on a statement of Client’s consumption provided by Vendors.
For more information on this payment methods, see Licenstack dedicated page : [URL]
Payment term. Due to the nature of Licenstack commitments towards Vendors or Vendors Direct Resellers, Client undertakes to pay all Vendors Licenses prices on the date of issuance of Licenstack invoice.
Third-party payment service provider. Client acknowledges and accepts that any payment shall be carried out by a third-party payment service provider: Stripe Payments Europe Limited (https://stripe.com/). Consequently, the provision of the payment services shall be governed by Stripe contractual terms and conditions set forth at the following link XXX.
Billing section. Client is informed that due to the provision of Licenstack Solution, it will no longer have access to the billing section of its Vendors accounts, as it will be managed by Licenstack.
Default Payment. Client acknowledges and agrees that in case of Client’s payment default, Licenstack shall not renew Client’s Vendors Licenses, leading to a risk of suspension of access to Vendors Products.
Article 6. WARRANTY AND LIABILITY
6.1. Disclaimer of warranty on Vendors Products
Client acknowledges and agrees that, to the extent permitted by law, Licenstack disclaims any and all representations or warranties, whatsoever, directly or indirectly, express or implied, as to the suitability, durability, fitness for use, merchantability, non-infringement, condition or quality of any Vendors Products. Licenstack, as well as Vendors Direct Resellers, resells Vendors Licenses “as-is”. Therefore, neither Licenstack nor Vendors Direct Resellers shall be liable to Client for any loss, damage, or expense of any kind or nature caused directly or indirectly by any Vendor Product.
Any and all warranties on Vendors Products shall be provided by Vendor as specified in the applicable Vendor’s terms and conditions.
6.2. Licenstack liability
In no event shall Licenstack be held liable to (i) Client in case of improper or fraudulent use of Licenstack Solution by Client or a third party to which Client has deliberately or negligently given access to or (ii) any other third party to the Agreement for any damage whatsoever.
Licenstack’s liability shall be limited to direct, personal, and certain damages. The following damages shall be deemed indirect damages: loss of profits, loss of sales, loss of goodwill, commercial prejudice, the cost of procuring substitute services, loss consecutive to any failure or interruption of the internet or third-party internet connections or infrastructure as well as any loss caused by a virus or other technologically harmful event outside of Licenstack’s control.
Licenstack shall not in any event be liable to the Client under this Agreement in contract, tort or otherwise or be deemed to be in breach of its obligations under this Agreement:
The total liability of Licenstack, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the lower of (i) a sum equal to 10 000 euros ; or (ii) the amount of Licenstack Commission during the four (4) months preceding the event giving rise to the liability.
The exclusions referred to under this article shall apply to the fullest extent permissible at law but nothing in this Agreement shall exclude liability for (i) death or personal injury caused by the negligence of Licenstack, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability which cannot be excluded by law.
6.3. Client’s liability
Client shall bear any consequences and undertakes not to seek Licenstack's liability for any malfunction due to the use of Licenstack Solution by Client contrary to the Agreement, and any instructions for use provided by Licenstack.
Client agrees that Licenstack Solution is a license management tool, and Licenstack cannot be held responsible for the decisions taken by Client in relation with Vendors Licenses, including acquisition, attribution, removal and use of such Vendors Licenses.
Client shall defend, hold harmless, and indemnify Licenstack from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with Client’s use of the Licenstack Solution in breach of the Agreement.
6.4. Insurance
Licenstack and Client have taken out the necessary insurance policies to cover the risks associated with carrying out their activities. They undertake to provide supporting documents upon request.
6.5. Force majeure
None of the Parties may be held liable if the performance of the Agreement is delayed or prevented by a case of force majeure as defined by article 1218 of the French Civil Code. In the event of a breach of its obligations due to force majeure as defined in the Agreement, the defaulting Party undertakes to notify the other Party without delay.
Article 7. TERM AND TERMINATION
7.1. Term of the agreement
The Agreement comes into force on the date of acceptance of the Agreement by the Client and shall remain active until terminated by either Party, under the conditions described below.
7.2. Termination and suspension
At any time, each Party may terminate this Agreement for convenience and without cause, upon providing the other Party with thirty (30) days prior written notice. To terminate the Agreement, (i) Client shall fill in the appropriate section on the Platform and submit its request to Licenstack and (ii) Licenstack shall inform Client through the Platform or by email.
In case of use of Licenstack Software by Client contrary to the terms of the Agreement, in particular any use that is (i) illegal or (ii) likely to alter the functioning of Licenstack Software, Licenstack may immediately suspend the Client’s access to the Licenstack Platform. Under no circumstances may this suspension be considered as a breach of the Agreement by Licenstack, such suspension shall be without prejudice to any claim for compensation of Licenstack for any damage suffered.
7.3. Effects of termination
In the event of termination of the Agreement, for any reason whatsoever, Client shall immediately cease using Licenstack Platform . Licenstack shall shortly inform Client of all amounts due according to the undertakings of Client, and Client shall immediately pay all amounts due to Licenstack.
After the termination of the Agreement, Client will have to manage its Vendors Licenses directly with Vendors or through another service provider.
Each Party shall delete all Confidential Information obtained during the performance of the Agreement within two (2) months after termination of the Agreement, unless either party requests a shorter timing. Client may also request that Licenstack returns its Client Data, under the conditions set forth under article 3.4 Licenstack Technical Services.
Notwithstanding any termination of the Agreement for any reason, the obligations of the Parties under the clauses “Proprietary Rights”, “Financial Conditions”, “Liability and Insurance”, “Confidentiality”, “Personal Data” and “Dispute Resolution and Governing Law”, shall remain in full force and effect, as the case may be, in accordance with the terms and conditions specified in said clause.
Article 8. CONFIDENTIALITY
8.1. Obligation of confidentiality
Throughout the Term of the Agreement and for a period of three (3) years from the end of the Agreement for any reason whatsoever, the Parties agree to (i) guarantee the confidentiality of the other Party’s Confidential Information in the same way as they protect the confidentiality of their own Confidential Information, (ii) only disclose and authorise the internal use of the Confidential Information to their employees, agents and/or representatives (and any authorised subcontractor) who strictly need to know such Confidential Information for the performance of the Agreement and who are bound by a written agreement protecting such Confidential Information under conditions at least equivalent to this Agreement; (iii) not to copy, reproduce, duplicate or use the other Party’s Confidential Information for any reason other than in connection with the performance of the Agreement; (iv) not to disclose the Confidential Information of the other Party to a third party, in any manner whatsoever (including verbally), for any reason whatsoever, without the prior written consent of that other Party, (v) not to use the Confidential Information directly or indirectly to obtain any commercial advantage whatsoever over the other Party in the event of the termination of the Agreement for any reason whatsoever.
It is understood between the Parties that the Confidential Information does not include information in respect of which one Party can demonstrate it is (i) in the public domain, (ii) was known by one Party prior to its disclosure to the other Party, (iii) was independently developed by one Party without breach of any obligation due to the other Party; or (iv) was received from a third party without breach of any obligation due to the other Party or disclosed by mutual agreement between the Parties.
All Confidential Information sent by each of the Parties to the other Party must be destroyed within fifteen (15) days upon request. If a Party is required by law to disclose the other Party’s Confidential Information, it shall inform the other Party in advance (to the extent legally permitted) and undertakes to provide it with reasonable assistance if that Party wishes to challenge such disclosure.
Each Party agrees that any breach of this article may cause damage to the other Party which shall be entitled to obtain compensation from a court of competent jurisdiction.
8.2. Commercial references and advertising
The Parties undertake, during the Term of the Agreement, to not publicly use the other Party’s trade name, trademarks and main logo in commercial or other promotional, advertising or written marketing material, including on their websites except with the prior written agreement of the other Party.
The Parties also undertake to not draw up reference sheets (written evidence of the Parties) and to not make press releases on their own website and/or in the media (press, Internet) to inform on the contractual relationship of the Parties, without the prior validation of the other Party.
In any case, each Party undertakes not to infringe the image and more generally the rights of the other Party.
Article 9. PERSONAL DATA
The Parties undertake to comply with the regulations applicable to the processing of Personal Data, including the GDPR.
Client acts as data controller and Licenstack acts as a data processor for the processing of Personal Data through the Licenstack Solution. As a data processor, Licenstack acts solely on behalf of and under the instructions of Client within the strict scope of the Agreement. The Personal Data processed by Licenstack are data related to Client’s employees: name, email, phone number, role in the company.
For the sole purpose of the provision of Licenstack Solution in accordance with the Agreement, Licenstack may share personal data with subcontractors. To date, the subcontractors of Licenstack are listed below, and Licenstack shall notify Client of any change of subcontractor:
Intercom: https://www.intercom.com/legal/privacy
AWS: https://aws.amazon.com/compliance/data-protection/?nc1=h_ls
Microsoft: https://privacy.microsoft.com/en-gb/privacystatement
Google: https://policies.google.com/privacy?hl=en-US
As a processor of Personal Data, Licenstack undertakes to:
process Personal Data only for the purpose of providing Licenstack Solution and in accordance with the Client’s instructions. If Licenstack considers that an instruction constitutes a violation of the applicable regulations, it shall immediately inform Client thereof;
to the extent possible, assist Client in fulfilling its obligation to respond to requests to exercise the rights of data subjects, it being noted that Client remains solely responsible for the management of the exercise of the rights of the data subjects and for their information at the time of collection of Personal Data;
notify Client within twenty-four (24) hours of any Personal Data breach within the meaning of the applicable regulations. Such notification shall be accompanied by any relevant documentation to enable Client, if necessary, to notify the breach to the competent supervisory authority;
take all necessary precautions to preserve the confidentiality and security of the Personal Data it processes and, in particular, prevent it from being distorted, damaged or communicated to unauthorised third parties, and more generally, implement appropriate technical and organisational measures;
assist Client in carrying out impact assessments and consultations, questions, requests or due diligence by the competent supervisory authority, for example by providing useful information on the Solution;
provide Client with the necessary documentation to demonstrate compliance with all of its obligations;
return any Personal Data at the end of the Agreement or delete it, unless there is a legal obligation for Licenstack to retain such Personal Data;
inform Client if Licenstack is required by a judicial or administrative authority to provide access to the Personal Data, unless applicable law prohibits such disclosure for reasons of material public interest.
Licenstack acts as data controller for the sole processing of Personal Data (name, email, phone number) of Client’s employees or contractors involved in the negotiation and management of the Agreement. Licenstack processes such Personal Data for the purpose of managing its contractual relationship with the Client on the legal basis of the pre-contractual relationship and the performance of the Agreement. For more information, see Licenstack Privacy Policy: [Link to Licenstack Privacy Policy].
Article 10. DISPUTE RESOLUTION AND GOVERNING LAW
The Agreement is governed by French Law. In case of difficulty relating to the interpretation and/or performance of the Agreement, the Parties undertake to cooperate in good faith with a view to finding an amicable solution to their dispute. Any dispute in relation to the Agreement shall be submitted - failing amicable agreement - to the competent courts of Paris, France.
Article 11. GENERAL
Compliance. Each Party shall comply with all applicable laws and regulations regarding the general conduct of business including without limitation all relevant anti-corruption and anti-bribery laws.
Notices. All notifications required by the Agreement shall be made, unless expressly stated otherwise, via email. For Licenstack, emails shall be sent to support@licenstack.com.
Entire Agreement. The Agreement constitutes the entire understanding of the Parties and supersedes any prior written or oral agreement, express or implied. It represents the sole will of the Parties.
Subcontracting. Licenstack reserves the right to subcontract all or part of the Licenstack Solution to the subcontractor of its choice among which:
Pax8
Ingram Micro S.A.S., a French company with offices at 5, Rue des Bouleaux, 59810, Lesquin, France;
Intercom
AWS
Stripe Payments
Microsoft
Google
This list of subcontractors may be modified at any time by Licenstack.
Licenstack remains solely responsible for the performance of the entire Agreement.
Assignment. This Agreement may not be assigned or transferred by a Party to a third party without the prior written consent of the other Party, except in the event of a merger, absorption resulting in the disappearance of Licenstack or the Client, or in the event of a change of control of Licenstack or the Client. In this case, the Agreement shall continue for the remaining period between Client or the legal entity that may replace the Client and Licenstack or the legal entity that may replace Licenstack. In any of these cases, prior notification of the other Party is mandatory.
Severability. If any one of the provisions of the Agreement proves to be null and void with regard to a rule of law in force or a court decision which has become final, it shall then be deemed unwritten, without however entailing the invalidity of the Agreement or altering the validity of its other provisions.
No Waiver. The fact that a Party does not claim the application of any provision of the Agreement or tolerate its non-performance on a temporary or permanent basis, may under no circumstances be interpreted as a waiver by that Party of exercising the rights it holds hereunder.
Independence of the Parties. No provision of the Agreement can be interpreted as establishing a collaboration between the Parties, and Client must comply with the defined terms and conditions and shall hold Licenstack harmless against any claim by a third party concerning damage, losses or costs incurred as a result of Client’s failure to comply with the aforementioned obligations.
