1.1 « Documentation »
The system- / help files or written instructions regarding the use of the Software, as well as tutorials, installation and configuration manuals and any other instruction or documentation manuals for the Software provided by IQ Messenger including the updated versions.
1.2 « Error »
Also called « bug », means a demonstrated reproducible and confirmed defect by IQ Messenger in the Software which no longer (completely) functions according to the given specification(s).
1.3 « Use »
The loading, implementation, use, access, storage or display of the Software for the processing of information received from the Client and for the use of its internal business purposes.
1.4 « Software »
The Software for which End User is granted a license and of which IQ Messenger is the owner (or of which IQ Messenger has the license rights), including all documentation and upgrades, updates, service packs and hot fixes.
1.5 « License »
The right to the use of the Software with the permitted number of individual or concurrent Users or Devices for which the license is granted.
1.6 « License Carrier »
A hardware- or software based carrier, also called license key or dongle, to which the licenses are obtained and acquired either by the purchase or the monthly (Opex) model.
1.7 « Release, update, upgrade, hot fix and service pack »
General, or specifically built upon request IQ Messenger software version which gives an addition of new functionality to the Software, improvements in the functionality of the Software and / or provides changes in the functionality of the Software or dissolves errors in the IQ Messenger Software.
1.8 « Devices »
Hardware / devices / peripherals which are authorized through licenses by the IQ Messenger software and as such are controlled, monitored and or integrated, or information and / or commands provided by the devices to the IQ Messenger Software.
1.9 « Client »
Any natural or legal entity who enters into an IQ Messenger Agreement or is in negotiation with IQ Messenger.
1.10 « Order »
Every order of the Client to IQ Messenger in any form whatsoever.
1.11 « Agreement »
Any agreement between IQ Messenger and the Client, any amendment or supplement thereto, and all (legal) acts required for entering into such Agreement.
1.12 « Support »
All activities related to Software Support as defined in these conditions.
1.13 « Service »
The agreed activities between the Client and IQ Messenger which are performed by IQ Messenger.
1.14 « Confidential Information »
Includes amongst others information about IQ Messenger, its affiliates and associates, internal processes, policies, business strategies and plans, which are not in the public domain, and Software, Documentation, training materials, literature and all related materials of IQ Messenger, technical evaluations, benchmarks, information about customers or prospects of IQ Messenger and its products, techniques, designs, formulas, systems, programs, processes, policies, strategies and plans, as well as any information that is not in the public domain and which has been shared as such by one of the Parties to the other party.
1.15 « Software Assurance (SWA) »
The right of the use of essential functioning Software, the right to obtain the most current version of the Software, the right to notification of an Error in the software and the reasonable effort of IQ Messenger to resolve an Error as identified by IQ Messenger.
1.16 « Software Assurance Reference date »
First day of the following month of which the first Licenses were made available for a new license key. Licenses later purchased during the SWA period of 12 months will have the same reference date as the first purchased Licenses. The SWA Reference date is independent from the invoicing standard by IQ Messenger.
1.17 « Prices »
All prices, unless explicitly stated otherwise, are in Euros and exclusive of VAT and are listed in an IQ Messenger Microsoft Excel pricing sheet or a derivative thereof. This Excel pricing sheet is called the IQ Messenger Calculator. IQ Messenger has the right to change its pricing and / or price structure unilaterally without the prior written notice to its Customers within a course of one month. The adjusted rates will apply to new or yet to be agreed Orders.
1.18 « Calculator »
An overview document and calculation tool in Microsoft Excel format in which price information of the Software supplied by IQ Messenger such as Licenses, Devices, SWA is stated. Only the prices as listed in the most recent Calculator are valid. The calculations shown in the calculator are only indicative. No rights can be derived from the calculations, additions etc. as displayed in the Calculator nor can there be any rights, duties and liabilities of IQ Messenger be derived.
1.19 « Interface »
Technical interface for the cooperation of and or between the Software and or Hardware.