“ZOWN ROOM PLANNER” SOFTWARE LICENSE AGREEMENT

1.- Purpose. MAXCHIEF EUROPE, S.L. (hereinafter, MAXCHIEF) hereby grants a non-exclusive license to use the Zown Room Planner software (hereinafter, the SOFTWARE), in accordance with the terms and conditions set out below, to any person that downloads, installs and/or uses the SOFTWARE on their computer or online through the website roomplanner.zown.com.

By downloading, installing and/or using the SOFTWARE, you acknowledge that you have read, understood and agree to be bound by each and every one of the terms and conditions set forth herein. Anyone who has accepted the terms and conditions of this agreement, by ticking the box “I have read and accept the terms and conditions of this software license”, is considered to have acquired the status of user (hereinafter, the User or Users).

Should the User be a legal entity, the person accepting these terms warrants they have the sufficient powers of attorney to act on their behalf. If you do not have such powers, please refrain from browsing this website, from registering as a User and/or from using the SOFTWARE in any manner.

2.- Intellectual and Industrial Property. The SOFTWARE, including but not limited to its programming, editing, compilation and other elements necessary for its running, designs, logos, text, photographs, graphics and/or any other content of the SOFTWARE, are the property of MAXCHIEF and/or third parties that have the express permission or authorisation of MAXCHIEF.

Under no circumstances does access to or use of the SOFTWARE imply any form of authorisation, waiver, transmission, license or total or partial transfer of these rights by its owners, beyond the scope of the software license expressly stipulated herein.

Any use of the SOFTWARE contrary to the terms and conditions of this license will be deemed a serious breach of the obligations set out in this License Agreement as well as an infringement of the intellectual and industrial property rights of the author or the assignee of the rights of exploitation thereof.

3.- Use of the SOFTWARE

3.1. Free Access and Use. Downloading, installing and/or using the SOFTWARE are free of charge for all Users, unless expressly indicated otherwise.

MAXCHIEF restricts the downloading, installation and/or use of the SOFTWARE to Users that have completed the corresponding user registration. Registration shall be done in the manner expressly described in the service section itself. When registering, the User will have to indicate their username, their email address, the name of the company to which they belong (in the event that the User is not a private individual), their country of residence and the password of their choice. All these details will be confidential. The User undertakes to make diligent use of the password and keep it secret to prevent third parties from using their password, and also not to disclose it to third parties.

3.3. Veracity of Information Supplied.All information the User provides must be accurate and truthful. For these purposes, the User guarantees the authenticity of the data provided to MAXCHIEF in the user-registration forms. The User shall be responsible for keeping the information continually updated such that it reflects their real situation at all times. In any event, the User shall be solely responsible for any false or misleading statements made, as well as for any damages that may be caused to MAXCHIEF and/or third parties.

3.4. Minors. Minors are not permitted to register as Users, nor to download, install and/or use the SOFTWARE. Their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by such minors, must ensure that the minors under their care do not access the webpage or the SOFTWARE.

3.5. Authorised Use. The User may download, install and/or use the SOFTWARE for the sole purpose for which it is intended, that is, to arrange various Zown products in a given virtual space as required by the User in question to virtually recreate the design and planning of interiors.

The User may install and/or use the SOFTWARE on a single computer, and may not make a copy thereof, except for a back-up copy, if necessary.

3.6 Unauthorised Use. Under no circumstances may the User:

Use the SOFTWARE and/or any of its components and/or its contents for any purpose, whether commercial or non-commercial, other than the one mentioned in the previous section 3.5;

- Transfer the User’s software license and/or password to third parties:

- Copy, duplicate, sell, lease, translate, alter and/or pass the SOFTWARE and/or any of its elements and/or contents on to third parties;

- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code and/or other elements that comprise the SOFTWARE, modify the SOFTWARE and/or any of its contents, or create any derivative works and/or products based on the SOFTWARE and/or its contents;

- Electronically transfer the SOFTWARE from one computer to another or to a computer network, and/or use any element or content thereof other than the rest of the SOFTWARE.

3.7. Monitoring of Use. To improve the running of the SOFTWARE and/or to ensure compliance with the terms of this License Agreement, MAXCHIEF may track each User’s use of the SOFTWARE, as well as save the history of said use.

4.- Rules Governing Modifications. MAXCHIEF reserves the right to unilaterally modify this License Agreement and any of its terms and conditions with no obligation to give prior notice of the modifications to the User; the publication of the new terms and conditions on the webpage is sufficient. Therefore, the User will have to read the terms and conditions set forth herein carefully whenever they access and use the SOFTWARE, because they may have changed.

Moreover, MAXCHIEF reserves the right to temporarily suspend, without prior notice, access to the SOFTWARE and/or its contents, for SOFTWARE maintenance and/or updating purposes, or any other operation that is necessary for the proper running of the SOFTWARE or this webpage.

5.-Guarantee and Liability Disclaimer. The User assumes exclusive and full responsibility for the use they make of the SOFTWARE and/or any of its contents. MAXCHIEF does not grant any guarantee nor is it liable for damages of any nature that may arise from the lack of availability, maintenance and effective functioning and/or use of the SOFTWARE or its contents; use that is unlawful, negligent, fraudulent or contrary to this License Agreement and terms and conditions of use; or the lack of legitimacy, quality, reliability, usefulness and availability of the services provided to MAXCHIEF by third parties and/or contents belonging to third parties included in the SOFTWARE.

The SOFTWARE has been reviewed and tested to work properly. However, MAXCHIEF does not rule out the possibility of certain programming errors, or that there may be causes of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website and/or the SOFTWARE.

MAXCHIEF is in no way liable for damages that may arise from the unlawful or improper use of the SOFTWARE.

6.- Personal Data Protection. MAXCHIEF is committed to fulfilling personal data protection regulations and guarantees full compliance with the obligations set forth in said regulations, as well as the implementation of the established security measures in both the European Data Protection Regulations and Spanish legislation on data protection. For further information, please see our Privacy Policy available at the following link:https://www.zowncontract.com/en/privacy

7.- Termination.The software license granted to the User will be automatically cancelled in the event of the User’s breach of any of the terms and conditions established herein, while reserving MAXCHIEF’s right to delete the non-compliant User’s account and deny them access to the SOFTWARE. In such case, the User will have to destroy the copy of the SOFTWARE and/or its components and/or contents stored on their computer.

Moreover, MAXCHIEF reserves the right to unilaterally terminate, at any time, this license to install and/or use this SOFTWARE, by providing prior notice to the User on this webpage.

8.- Additional Terms. The User’s use of the SOFTWARE and its contents shall be in accordance with the terms and conditions set forth in this License Agreement, as well as the Privacy Policy and Cookies Policy on our webpage and available at the following link: https://www.zowncontract.com/en/privacy

9.- Applicable Law and Jurisdiction. For the resolution of disputes or issues related to the SOFTWARE, Spanish legislation shall apply, to which the parties expressly submit, with the Courts of Barcelona being competent to settle all disputes arising from or in connection with its use.

Further Information.Should the User have queries regarding the installation and/or use of the SOFTWARE, they may contact MAXCHIEF’S Customer Service at the following email address: info@maxchief.eu.