Melon AD, a company incorporated under the Bulgarian Law, VAT Number BG200515657, having its registered seat and address at: 20 Kosta Lulchev str., Sofia, Bulgaria (the "Contractor"), gives you ("Licensee") a license ("Software License") to install and use Melon Learning Teams App software ("Software") on the terms and conditions stated in this document ("Agreement")
The Software is licensed, not sold. This Agreement gives Licensee the right to install and use the Software only. All other rights are expressly reserved to Melon AD. Licensee may use the Software only as expressly permitted in this Agreement. Licensee must comply with any technical limitations in the Software that allow Licensee to use it in certain ways such as training and eLearning. The Software License is also restricted to use by the number of users, accounts, software edition and its included modules listed in Description of product section.
The Melon Learning App can be obtained through Microsoft Market place. It requires registration.
Melon Learning App is hosted at Melon's premises in Sofia, Bulgaria.
Application and database are backed up daily and back-ups are retained for a period onf one month.
Version 1.0 of the Melon Learning App includes the following functionalities:
| Module | License |
|---|---|
| Melon Learning App | Free of charge |
| Content – ready to use e-learning materials | Free of charge |
| Add trainings to Microsoft Teams channels and chats | Free of charge |
No implementation services are included. The app installation is provisioned for self-service.
Invoices to and payments by Client of the Price shall be made in accordance with this agreement.Melon AD may change its license fee, implementation services, at any time and from time to time during the term of this Agreement by providing written notice to Client.
A user (“User”) is an individual who is licensed to access the Software and who has an active user name and password within the Software. The Software is licensed for use by unlimited Microsoft Teams Users and unlimited adding a training as tabs in teams, channels and chats inside Microsoft Teams.
Melon AD reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least thirty (30) days prior notice to Client, which notice may be provided by e-mail or by posting in the Service. If Client does not agree to the modification of the fees or charges, Client may terminate its account by providing notice at least thirty (30) days before the price modification is to take effect. Fees for other services, including Services, will be charged on an as quoted basis. All pricing terms are confidential, and Client shall not disclose them to any third party.
Licensee MAY NOT: 1) work around any technical limitations in the Software; 2) reverse engineer, decompile or disassemble the Software; 3) make copies of the Software and the training content than specified in this Agreement; 4) publish the Software and training content for others to copy; 5) use the Software and training content in any way that is against the law; 6) rent, lease or lend the Software and training content; or 7) use the Software and training content for commercial services.
Licensee may make and install up to two additional copies of the Software solely for the purposes of testing, provided, however, that the additional copies may in no event be used for the live production import, processing and export of data; and further provided that the copies are marked as the proprietary property of Melon AD.
The Software is accompanied by one or more manuals, video tutorials and other documents associated with the Software (“Documents”). The Documents may be used in conjunction with the Software only and may not be given to any third party for any reason whatsoever. Licensee shall destroy the Documents on the termination of the Software Licensee. Licensee may make copies of the Documentation for Licensee’s sole use.
For any Licensee affected by GDPR, Melon AD requires customer to accept Melon AD’s standard GDPR protections and provides the necessary information for GDPR compliance, included in Addendum A.
Melon AD warrants that the Melon Learning app will perform as described in its documentation.
If you reasonably determine that the Melon Learning app does not perform to specification you will give Melon AD written notice, which shall include details of the non-performance.No Other Warranties.THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MELON AD. MELON AD GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MELON AD EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU CAN RECOVER FROM MELON AD ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE MELON LEARNING APP. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This Agreement shall terminate automatically upon the violation of its terms by Licensee or upon Licensee’s written notice of termination to Melon AD, whichever occurs first.
The Melon Learning Aapp Software is subject to Republic of Bulgaria laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Melon Learning App. These laws include restrictions on destinations, end users and end use.
This Software License (including the warranty above) constitutes the entire agreement for the Melon LEARNING APP and any associated maintenance and support services that you may elect to pay for either as part of a subscription license fee or through a separate and active annual maintenance and support fee.Applicable Law.This Software License Agreement shall be subject to and construed and interpreted in accordance with the laws of the Republic of Bulgaria shall be subject to the jurisdiction of the Courts in Sofia, Bulgaria.