All software developed by or for VLXE ApS (”VLXE”) is protected by copyright as VLXE’s copyrighted property. VLXE does hereby confirm that the licence holder, presupposed to have entered into a written licence agreement with VLXE, is allowed to use the software developed by or for VLXE (“VLXE Software”) in accordance with the terms and conditions of the specific agreement and supplementary terms and conditions hereof as well as the third party software identified in the VLXE Software, documentation and any script accompanying this license, regardless of form. VLXE shall retain the ownership of the VLXE Software and reserves all rights that are not explicitly transferred to the licence holder by written agreement. Anyone who gains access to the software developed by or for VLXE must observe the intellectual property rights applicable to the licence holder under these terms and conditions and shall be deemed to have agreed hereto.
In accordance with the terms and conditions of the specific licence agreement of the licence holder as well as these general terms and conditions, the licence holder has a limited and non-exclusive right to install and use the VLXE Software. Those customers of VLXE who purchase development of special customer-specific VLXE Software will assume the rights to the aforementioned customer-specific VLXE Software, which rights would otherwise have fallen to VLXE, concurrently with VLXE receiving payment therefore and to the extent that no dispute exists regarding the delivered service or the payment and terms thereof.
The licence holder must observe the intellectual property rights under which the VLXE Software is protected, including in particular the source code protected by copyright, and thereby contributing to the continued protection hereof. As part of the copyright protection of the VLXE Software, the licence holder must abstain from copying the software developed by or for VLXE, including “reverse engineering”, dismantling, decrypting or attempting to extract the source code or the like as well as contributing to the above by giving others the opportunity to do so. Furthermore, the licence holder shall abstain from manufacturing and from contributing to the manufacture of other products on the basis of the software developed by VLXE or any part thereof, as well as renting, leasing, lending, selling, redistributing or sublicensing VLXE’s software to others. Departure from paragraph 3 hereof is permitted by explicit permission under a specific agreement, or by explicit necessity in order to solve an assignment given by VLXE or performed on behalf of VLXE, only. Any violations or attempts to that effect shall constitute an infringement of VLXE’s and VLXE’s customers’ and business partners’ rights.
When the license agreement between VLXE and the licence holder expires, the licence holder may not retain any copies of the VLXE Software or any parts thereof, including copies stored on computers or other storage units, unless otherwise agreed in writing by the licence holder. If an update of VLXE Software completely replaces an older licensed version of the VLXE Software (a full installation), then the licence holder may not use both versions of the VLXE Software at the same time, nor assign them separately. The obligations resting on the licence holder under these terms and conditions shall remain in force for as long as the licence holder has access to VLXE Software or any copies thereof.
Any breach of the above obligations is actionable immediately before the enforcement court, with a petition to issue an injunction in pursuance of chapter 57 of the Danish Administration of Justice Act without provision of security.