End User License Agreement

This End User License Agreement (“EULA”) is a legal agreement between You, the End User (an individual or legal entity), and HORTUS Digital, SIA (HORTUS Digital), regarding the HORTUS Digital software product delivered together with this EULA, including associated media, licenses, and any related HORTUS Digital internet services (“Product”). The Product may be accompanied by an amendment or supplement to this EULA. By installing or using the Product, You agree to the terms of this EULA.

1. Definitions

The term “End User” means any company or person who has purchased a License to use the Product solely for their own needs and benefit. Deployment of the Product from the Microsoft AppSource website is considered a purchase under this agreement. The term “Product” means the HORTUS Digital software applications and programs that HORTUS Digital provides to the End User or Partner in any form or medium, including electronic transmission, encompassing corrections, improvements, upgrades, and updates provided by HORTUS Digital now or in the future. The term “Partner” means a certified Microsoft Dynamics 365 reseller who holds a valid and current agreement with Microsoft for the resale of Microsoft Dynamics 365 and who is an authorized distributor of the Product. The term “Associated Materials” means all printed materials, documentation, and/or media provided by the Partner or HORTUS Digital together with the Product. The term “License” or “Licensing” means Product licenses purchased for End User use of the Microsoft Dynamics 365 product or the Product. Licensing includes Named Users. To use the Product, Microsoft Dynamics 365 Business Central licenses must be purchased from Microsoft through an authorized reseller. The term “Named User” means a licensed individual Product user set up with a login identity. Microsoft-provided Dynamics 365 Product licenses allow a limited number of Named Users. The term “Additional Functionality” means Product enhancements made by the Partner, which may be specific to the End User or intended for all of the Partner’s End Users. The term “Limited Warranty” means HORTUS Digital’s warranty that the unmodified Product will substantially operate in accordance with the Associated Materials for thirty (30) days from the date of receipt.

2. Rights to Use the Product

If You have obtained the Product from HORTUS Digital or from an authorized Partner through an authorized download from the Microsoft AppSource website, HORTUS Digital grants You non-exclusive rights to use the Product in the manner and for the purposes described in this Agreement and the Associated Materials. The rights to use the Product granted to You under this Agreement are conditional upon Your timely payment of all applicable Product licensing and/or subscription fees.

3. Reservation of Rights and Ownership

HORTUS Digital retains all rights not expressly granted to You under this EULA. The Product is protected by copyright and other intellectual property laws and agreements. HORTUS Digital owns the copyright and other intellectual property rights to the Product. The Product is licensed, not sold, or subscribed to, not sold.

4. Restrictions on Reverse Engineering, Decompilation, and Disassembly

You may not reverse engineer, decompile, or disassemble the Product, except to the extent such activity is expressly permitted by applicable law notwithstanding this restriction.

5. Consent to Use of Data

You agree that HORTUS Digital and its affiliated companies may collect and use technical information obtained as part of product support services, where such services are provided in connection with the Product. HORTUS Digital may use this information solely to improve our products or to provide services or technologies to You, and will not disclose this information in a form that personally identifies You.

6. Links to Third-Party Websites

HORTUS Digital is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. HORTUS Digital provides these links and access to third-party websites and services solely for Your convenience, and the inclusion of any link or access does not imply HORTUS Digital’s endorsement of the third-party website or service.

7. Additional Products/Services

This EULA applies to updates, supplements, add-on components, or internet service components of the Product that HORTUS Digital may provide to You or make available after the date on which You deployed the Product from the Microsoft AppSource website.

8. Upgrades

To upgrade the Product to subsequent versions, You must first be licensed for the Product that HORTUS Digital has identified as eligible for upgrading.

9. Product Not Intended for Resale

A Product provided to Partners and identified as “Not for Resale” or “NFR” may not be sold or otherwise transferred for consideration, or used for any purpose other than demonstration, testing, or evaluation.

10. Export Restrictions

You acknowledge that the Product is subject to geographic restrictions imposed by Microsoft for the Dynamics 365 Business Central product.

11. Transfer of Product

The Product may not be transferred to another legal entity, whether an individual or a legal person. Use by multiple end users under a single Dynamics 365 license is restricted in accordance with Microsoft licensing guidelines.

12. Termination

Without limiting other rights, HORTUS Digital may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such case, You must uninstall the Product from Your Dynamics 365 database.

13. Disclaimer of Warranties, Limitation of Liability

We do not guarantee, represent, or warrant that Your use of the Product will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from use of the Product will be accurate or reliable. You agree that from time to time we may remove the Product for indefinite periods of time or cancel the Product at any time without notice. You expressly agree that Your use of, or inability to use, the Product is at Your sole risk. The Product delivered to You (except as expressly stated by us) is provided “as is” and “as available” for Your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall HORTUS Digital, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from Your use of any of the Products, or for any other claim related in any way to Your use of the Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Product transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless HORTUS Digital and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this EULA or the documents incorporated herein by reference, or Your violation of any law or the rights of a third party.

15. Severability

In the event that any provision of this EULA is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from this EULA; such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Governing Law

This EULA and any separate agreements by which we provide You with Products shall be governed by and construed in accordance with the laws of Latvia. The place of jurisdiction is Riga (Latvia).

17. Changes to the EULA

You may review the most current version of the EULA at any time on this page. We reserve the right at our sole discretion to update, change, or replace any part of this EULA by posting updates and changes to our website. It is Your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Product following the posting of any changes to this EULA constitutes acceptance of those changes.