Seats2meet.com Workspace License – June 2011
www.seats2meet.com S2M Workspace (S2M) has developed an innovative disruptive flexible working concept, catering for the growing number of Free Agents, Knowmads and other innovators in the world; who meet in both the physical and virtual worlds (“the Concept”).
License to use the software
S2M hereby grants the Licensee a limited, non-exclusive and fully financed license to use the software for his/her business operations. Licensee shall use the S2M software to allow third parties to book seats at his/her business location.
The software is licensed and not sold. S2M retains all rights, titles and interests in the software, the documentation and any updates.
The software allows third parties to book seats at the S2M location. S2M shall not be a party to such bookings; the contractual relationship is between the third parties and the licensee.
S2M shall make the proper arrangements to enable the functioning of the software (e.g. the identification of the parties involved) to this end.
The licensee shall indemnify and not hold S2M accountable for any claims made by third parties concerning the booking.
From time to time S2M may release updates for the S2M software. S2M will inform the licensee timely regarding new features and other relevant information related to such updates for the Seats2meet.com community website. While S2M will take feedback from the licensee into account regarding updates, S2M reserves the right to release updates in spite of an objection made by the licensee.
S2M shall use its best efforts to keep the software available for third parties on a 24/7 basis, but cannot make any guarantees regarding 100% availability.
With the exception of cases of negative intentions or gross negligence, S2M shall not be held liable for any damages, regardless of cause, suffered by the licensee in connection with the operation of the S2M business. In particular S2M is not liable for lost revenue or lost profits for its failure to have the software available at any particular point in time.
No liability shall exist for damages that have not been reported to S2M in writing within thirty days of their occurrence, or for damages where the licensee failed to take appropriate measures to limit such damages.
The licensee shall indemnify, defend and hold harmless S2M against any and all losses, Seats2meet.com Workspace License – June 2011
www.seats2meet.com claims, damages, liabilities, actions, costs or expenses, including reasonable attorneys’ fees incurred by it in connection with any claim from third parties regarding S2M operations.
Conditions for participation
During the booking process the Software presents the standard S2M General Terms & Conditions for booking and asks the third parties to agree to them. the licensee agrees to adhere to these General Terms & Conditions in relation to third parties.
The licensee must at least provide access to a free WiFi connection. The licensee is responsible for keeping the location-details, opening hours, and availability. Where possible, S2M locations will commit to actively participating to enable the collaborative growth of the S2M/Society 3.0 value network.
The licensee is authorized to use the trade names and/or trademarks of S2M in line with the Seats2meet.com trademark guidelines. The licensee is not authorized to register, acquire or operate any trademarks, domain names or service user names containing any of the trade names or trademarks of S2M, or those highly similar.
S2M may use the name, logo and related information of the licensee for promotional activities, both online and offline, regarding the software. S2M will honour reasonable requests regarding the specific way of presentation, e.g. logo colors or positioning. S2M will strive to include multiple licensees in such promotional activities where possible.
The licensee will offer seats through the Seats2meet.com software. These can be either paid or free of charge seats. The rate charged per seat may be determined by the licensee.
The booker,the person who reserves a seat at the licensee’s S2M location, completes the payment online when making the reservation or a maximum of 24 hours prior to the date the seat was booked for. The recipient of these payments is S2M.
At the beginning of each month, S2M transfers the turnover generated from the reservations made for seats, this will be provided in combination with a credit note. The actual amount transferred to the licensee’s location is the turnover generated minus a booking and support fee per seat, per hour. This fee totals € 0,50 per seat per hour, with a maximum of € 2 per booking.
If seats are offered for payment in so-called ‘social currency’ (€ 0,00), S2M will not charge a booking and support fee.
Seats2meet.com Workspace License – June 2011
Change of terms
This agreement may be changed at any time if both parties agree to such change and if the changes are recorded by means of written instrument. S2M shall provide the licensee with relevant documentation regarding the use of the software and any changes or updates thereto.
This agreement shall be governed by and construed in accordance with the laws of the Netherlands without consideration of its conflict of law provisions.
Any disputes arising out of or in connection with this agreement shall be brought before the competent courts for the principal place of business of S2M.
The parties enter into this agreement as independent contractors. No employment relationship is created by this agreement between S2M and the licensee or any of their respective employees or agents. Neither party has the power to bind the other party or incur obligations on the other party’s behalf without the other party’s prior written consent.
S2M refers customers of the licensee through the S2M software to a publicly-accessible service where third parties may leave comments and reviews regarding the licensee and other parties. This service is not operated by S2M and S2M has no control over the content of the service. In case the licensee feels a particular comment or review is inappropriate, it is the sole responsibility of the licensee to raise the issue with the operator of the service. Any requirement for a “written” statement can be fulfilled by using a digitized version communicated by electronic means such as facsimile or e-mail, provided the identity of the sender and integrity of such electronic means can be determined with sufficient certainty. Licensee shall operate the Business at its own risk and for its own benefit.
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