This document is a license for use of the program PROTON (hereinafter referred to as THE PROGRAM) as it is described in the URL https://www.prot-on.com/general-contracting-conditions. The mere fact of using THE PROGRAM means that YOU know and accept the conditions set forth in this contract and is the sign of consent to be bound by the terms set out herein. It is understood that the acceptance takes place when YOU use the application or any of its functions,. This license covers all modalities for which the use of THE PROGRAM can be contracted, both by users and/or end customers of CMC and distributors, in any of the possible modalities of distribution that can be contracted with CMC and the customers and users of those distributors, where applicable.

PROTON is a computer program developed by COGNICASE MANAGEMENT CONSULTING, SL (CMC, hereinafter), it is based in Camino de las Ceudas, 2 bis, Ctra. de la Coruña km 22,300, 28232 Las Rozas – Madrid, CIF B80440795, Registered at the Madrid Register Business, Spain, with whom YOU hire.

Only YOU know the reason for which YOU will use THE PROGRAM. To that effect, YOU acknowledge and accept the technical specification and functions of the PROTON solution, as they are described in the URL http://www.prot-on.com, as well as the conditions of service attached thereto.

Licensing

CMC grants YOU a license for use of the PROTON program within the framework of the Spanish Intellectual Property Law and subject to the conditions set out therein. Any doubt regarding the scope of the assignment of the rights shall be narrowly understood, in the sense of an assignment of the least rights possible.

CMC reserves the right to revoke the license when YOU breach any of the obligations derived from therein.

The PROTON license is a non-exclusive, non-transferable and personal license. This means that CMC may freely assign its own rights to third parties, without limitation. The period for which YOU can use THE PROGRAM depend on the modality of license you acquire.

The modification, adaptation, error correction, rental, sale, lease, transfer, re-distribution or sub-licensing of THE PROGRAM is strictly and expressly forbidden, unless authorized expressly and in writing by CMC, except for the use for which THE PROGRAM is intended. Anything that is not expressly regulated by this contract shall be regulated in accordance with the Intellectual Property legislation.

YOU acknowledge that THE PROGRAM is supplied as described in the URL http://www.prot-on.com/ and that this agreement does not confer to YOU any rights to other versions, improvements or modifications of THE PROGRAM.

THE PROGRAM may use third parties´ software and the use of some of the third parties´ materials included therein may be subject to other terms and conditions. The official intellectual property mentions and the specific conditions of the licensing of the codes and algorithms of this software may be consulted at https://www.prot-on.com/general-contracting-conditions. By means of this contract, YOU accept the terms and conditions of third parties´ software.

The use of THE PROGRAM shall be restricted by the use of username and password. YOU have the sole responsibility of the usernames and passwords that YOU choose for purposes of use of THE PROGRAM. In case YOU suspect the disclosure of the username and password to persons not authorized to use THE PROGRAM YOU should proceed to modify the username and the password as soon as possible.

The mere use of the application does not give CMC access or right to process any users‘data. The only information that CMC holds is the information that refers to the username and email address , necessary to use THE PROGRAM. YOU can access the Privacy Policy and General Conditions of Use of the Service.

It is prohibited to use THE PROGRAM for illegal, immoral or contrary to the public order purposes.
If the above mentioned use is detected, CMC may terminate the contract, without prejudice to any civil or penal actions that such an infringement could entail. CMC will block the use of THE PROGRAM when any prohibited activities are detected. In this case, CMC may notify and cooperate with the competent police and law-enforcement authorities, transferring them the information that they may require within the legal framework.

Neither the unilateral termination of the license nor the temporary/definite service blocking, nor the collaboration with the authorities regarding the above mentioned reasons shall confer any right to claim any amount from CMC, neither for the refund of the price nor for compensation of damages.

WARRANTIES AND LIMITATIONS OF LIABILITY

We remind YOU that THE PROGRAM is protected by Intellectual Property rights exclusively owned by CMC that does not assign them to YOU, except for the use of THE PROGRAM

CMC guarantees before the end-user that it holds the Intellectual Property right over the THE PROGRAM, and it is the CMC´s job to defend such rights against third parties.

CMC is not liable for third parties loss or damage claims against YOU.
CMC is not liable for indirect economic damages, lost profits or incidental or potential damages arising from the use of the software. CMC does not guarantee an uninterrupted or error free operation of THE PROGRAM.
YOU are solely responsible for the choice of software and of services associated thereto, as well as of the level of adaptation to their needs. CMC is not liable for errors resulting from the use of THE PROGRAM together with the third parties´ applications.

CMC is not liable for the possible discontinuation of THE PROGRAM in the future, depending on the model contract for which you have chosen.

This agreement shall be governed and interpreted in accordance with the laws of Spain, and the Courts of the City of Madrid shall be the sole courts of competent jurisdiction. Both parties hereby waive the right to object to the foregoing choice of law or venue.

If YOU have any doubts regarding this contract or wish to contact with PROTON for any other reason, please visit the following URL http://www.prot-on.com/contact. Claims and/or suggestions should be sent to support@prot-on.com.

Third party license