End user licence agreement governing your use of Essential Rental software products from H2 Business Systems Limited.
This is an agreement between H2 Business Systems Limited ("H2", "we", "us"), a company registered in England and Wales, and the organisation licensing the software ("you"). It governs your use of Essential Rental and any associated modules (the "software").
You may have obtained the software directly from us, or through an authorised reseller. In either case these terms govern your use of the software itself. Any separate agreement you hold with a reseller governs their services to you and does not vary these terms.
You accept these terms when you do any of the following, whichever happens first: install the software from Microsoft AppSource; place an order for the software with us or with an authorised reseller; or use the software in a live environment.
If you are accepting on behalf of an organisation, you confirm you have authority to bind it.
The software is protected by copyright law and international agreements. H2 retains all right, title and interest in the software, including all intellectual property rights in it. You are granted a licence to use it. Nothing in these terms transfers ownership to you.
You may not alter or remove any copyright notices, trademarks, or other proprietary markings from the software.
We grant you a limited, non-exclusive, non-transferable right to use the software during your subscription term, for your own internal business purposes.
Your licence is limited to the modules you have subscribed to and to the number of production companies for which fees have been paid. A production company means a company record within your Business Central environment in which the software is activated for live use.
Non-production use, including sandbox, test, training and development environments, does not require additional licences provided those environments are not used to operate your business.
The software may be used by your employees, authorised staff, and external consultants working on your behalf. You are responsible for their compliance with these terms.
The software is licensed on a subscription basis. Your subscription continues for the period for which fees have been paid and renews in accordance with the terms of your order.
Where you have subscribed through a reseller, fees, invoicing and renewal are handled by that reseller.
Your right to use the software ends when your subscription ends or is not renewed.
You may not:
We release updates to the software from time to time, including corrections, improvements and changes required to maintain compatibility with supported versions of Microsoft Dynamics 365 Business Central.
Updates are included in your subscription. We determine the content and timing of updates at our discretion.
You are responsible for deciding when to apply updates within your environment, for testing them, and for keeping your Business Central environment on a version we support. We are not obliged to support versions of the software or of Business Central that Microsoft or we have designated as out of support.
The software runs within your own Microsoft Dynamics 365 Business Central environment. Your business data remains under your control and within your tenant. We do not access it in the ordinary course of providing the software.
Where you ask us to assist with a support issue and grant us access to your environment, we will use that access only for the purpose of resolving the issue.
The software collects operational telemetry, including activation events and feature usage, so that we can monitor performance, diagnose faults and improve the product. This telemetry does not include your business records. Further detail is set out in our Privacy Policy.
Each party will comply with applicable data protection legislation, including UK GDPR and EU GDPR where relevant.
We warrant that the software will perform substantially in accordance with its published documentation during your subscription term.
If it does not, your sole remedy is for us, at our option, to correct the defect within a reasonable time, provide a workaround, or refund the fees paid for the affected module for the period during which the defect prevented normal use.
This warranty does not apply where the fault arises from modification of the software by anyone other than us, from combination with other software or extensions not supplied by us, from use outside the documented scope, or from your Business Central environment being on an unsupported version.
You are responsible for selecting, configuring and using the software, and for verifying that the results it produces are appropriate for your business, including any financial, invoicing or compliance output.
Except as expressly set out in clause 9, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law. We do not warrant that the software will be free from all defects or that its operation will be uninterrupted.
We are not liable for loss of profit, loss of business, loss of anticipated savings, loss or corruption of data, business interruption, or any indirect or consequential loss, however arising.
Our total aggregate liability arising in connection with the software in any twelve month period is limited to the fees paid for the software in respect of that period.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.
We may suspend or terminate your licence immediately if you materially breach these terms and do not remedy the breach within 30 days of written notice, or if fees due for the software remain unpaid.
You may terminate at any time by written notice, subject to the terms of your order or your agreement with your reseller. Fees already paid are not refundable except as provided in clause 9.
On termination you must cease using the software and remove it from your production environments. Clauses 3, 6, 9, 10, 12 and 13 survive termination.
We may amend these terms from time to time. The version published on our website at the date you place an order or renew applies to that subscription period. Material changes will be notified to you or your reseller in advance.
These terms are governed by the laws of England and Wales. Any dispute arising from them is subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions about these terms, please get in touch:
H2 Business Systems Limited
Email: [email protected]
Phone: +44 (0)1206 675814
Website: h2business.systems