These general terms and conditions govern the use of and access to the website of Openbravo, S.L.U. (the "Company"), and the offer and acquisition of products and services of the Company, made available to users at http://www.openbravo.com ("this website").
The Company was constituted for indefinite duration before Francisco Salinas Frauca, Notary Public, on 30th October 2001, registered in the Navarra Commercial Registry, volume 858, sheet 27, page NA-17.46). Its registered address is Polígono Industrial Landaben, C/J, 1st Floor, 30012 Pamplona, Spain and its tax code is B-31733934.
Use of this website and acquisition of any product or service by any user entails full acceptance of these terms and conditions and any specific terms published on the website. Accordingly, users are recommended to read carefully these terms and conditions and any instructions shown on the website each time they access the site.
The Company reserves the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms and conditions. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. These terms may be saved and printed by the user using the "Print" function of the browser.
For any information about the Company or its products and services, please contact us at email@example.com
The main object of the website is to provide information about the Company's activities, initiatives, products and services in general, and promote relations with and provide products and services to customers and business partners.
The object of these terms and conditions is to regulate the use of the website and the acquisition and provision of products, services, content and tools provided by the Company by and to users via this website, whether for financial consideration or for free, or under free/open source licenses (in accordance with the specific applicable legal terms and end-user license agreements corresponding to the products, services, contents and/or tools available on this website).
B. General use of the website
Users may access and view the content of this website free of charge, subject to these terms and any specific terms governing certain content, products or services.
The user undertakes to make appropriate, correct and lawful use of the contents and services of the website, in accordance with these terms and conditions. Illegal, unlawful activities or those that are contrary to good faith and public order are strictly forbidden, as, in general, is any conduct that is detrimental to or attacks or induces any attack on human dignity and the principle of non-discrimination for reasons of race, sex, religion, opinion, nationality or any other personal or social circumstance; is prejudicial to public health and that of the consumers and users and in particular to young persons and children. It is also forbidden to carry out any activity aimed at impersonating any person or organization, and interfere, breach, alter or disconnect the system, servers, networks or contents of this website.
The Company reserves the right to exclude any user from the service without advance notice and to adopt such measures as it may deem appropriate at each time in order to prevent conduct and activities that are or may be in breach of these terms.
Intellectual and Industrial Property
Intellectual Property Rights. Independently of any free or open source software or content license that may apply to any works and except for works that are in the public domain, all the elements of this website - including each individual work and the structure, arrangement and selection of those works - are covered by intellectual or industrial property rights. The rights in content, source code, form, design and name of the products, applications, tools, pages, brands, commercial names, logotypes, images, sounds and graphics, belong to, or have been granted to or are the object of a license in the name of, the Company. Authorship and the right to use these works in any manner, including reproduction, modification, distribution or public communication, are protected by law.
Unless otherwise indicated on the specified web page (e.g. by free or open source or open content license), the user should abstain from any reproduction, transformation, public communication or distribution in any manner or form of the contents accessible via this website without the express consent of the Company.
The Company distributes Openbravo ERP under the Openbravo Public License, which is a variation of the Mozilla Public License, as described in section titled Legal. The Openbravo wiki is licensed under the Creative Commons Attribution-ShareAlike 2.5 Spain License. Except as provided therein or any other specific terms indicated on the website, the Company does not grant any license or right of use of any nature concerning its industrial or intellectual property rights or of any right or property associated with the website itself, the services or the contents
Exceptionally the user may view, print and copy pages of this website for personal informational purposes. Any commercial use - not being for the purpose of contracting any services from the Company or entering into any partnership arrangement - is forbidden. Even in the event of exercising private use rights, in no circumstances may users download, make copies or transfer the content to any support, with or without alteration or modification, in any manner that alters, omits, adds to, distorts, modifies or contradicts the messages or information shown and supplied by the Company as held in its website and data processing records.
Any website that wishes to link to these pages should not reproduce any of these pages. You may not in-line or frame any of the content of this website, or create any other form of link that may infringe our property rights, including rights under fair competition, trespass, illegal publicity, intellectual or industrial property rights, commercial reputation and honour. Likewise, persons linking to this website should abstain from using any distinctive signs, commercial names, headers, information or any other content of the website, except the indication that it forms part of the link itself and does not infringe any law or contract, especially in the case of confusion or close association. The foregoing includes the use of metatags, keywords or similar references, including use in search engines and the services they offer.
In no case whatsoever will it be understood or stated that the Company has authorized, intervenes, assumes, participates or has supervised in any way the content of the page showing the hyperlink, or even that it consents to its inclusion, unless by express authorization.
Openbravo, "opening ERP's future", the Openbravo and "Powered by Openbravo" logos, and/or other distinctive signs of Openbravo are either registered trademarks or trademarks of Openbravo in Spain and other countries. Openbravo Trademarks may be used in accordance with the Openbravo Trademark Policy. The names of other companies and products mentioned herein may be the trademarks of their respective owners. In particular:
- OpenSolaris, Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
- SPARC is a trademark of SPARC International, Inc.
- Oracle is a trademark of Oracle Corporation or its affiliates.
- Apache is a trademark of The Apache Software Foundation.
- Windows, XP and Vista are registered trademarks of Microsoft Corporation in the US and other countries.
- Red Hat is a registered trademark of Red Hat, Inc.
- SUSE is a trademark of Novell, Inc. in the United States and other countries.
- Linux is a registered trademark of Linus Torvalds.
- Firefox and SeaMonkey are registered trademarks of the Mozilla Foundation.
Openbravo obligations. In relation to the offering of any product or service that may be acquired via the website, the Company undertakes to:
- Provide precise, clear and unequivocal information of the specific characteristics of the products, services, content or tools that are requested by the user, as well as of the prices and any applicable taxes.
- Specifically inform the user of the existence of these terms and conditions and make them available to him/her, together with any applicable specific conditions in the end-user license agreement of the item in question.
- Except in the case of those products and services that are provided immediately (immediate downloads), provide confirmation that the transaction has been successful within 24 hours of payment (where required) and acceptance of the applicable conditions by the user.
- Send the user the receipt of payment or invoice for the products or services contracted from the Company.
The user undertakes to:
- Fulfil the obligations established in these terms and conditions, as well as the specific conditions established on the website in relation to the products, services, content and tools offered by the Company.
- Complete the forms for registration and purchase of products, services, content and tools with true and accurate information, where such information is a mandatory requisite for accessing or purchasing the Company's products, services, contents or tools.
- Use the products, services, content and tools in accordance with the specifications laid out in these conditions and solely for the purposes established in the end user license agreement.
- Provide, in the case of purchasing products, services, content and tools, the financial details required by the Company, and pay all sums due in accordance with the method of payment and the established prices published by the Company with respect to each product or service at the moment they are contracted.
- Refrain from sending messages which could impede or interfere with the normal operation of the services offered by the Company. In any event, the user will be solely responsible for the messages he or she composes and sends, as well as the data he or she provides.
The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in this website at the moment that the user accesses the product or service and commences the purchase process. Similarly, the conditions concerning any shipping costs and taxes will those specified on the corresponding web page. Should the product or service contracted by the User need to be physically delivered, shipping costs may vary according to the geographical location of delivery and will be met by the User.
The Company reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services.
Methods of payment for the services will be as specified in the corresponding conditions at the time they are contracted and will always be available to the User prior to their being contracted. Thje Company reserves the right to cancel the services contracted by the User in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.
Prices set out in the website include Value Added Tax (VAT or "sales tax"), when applicable. Sales to persons within the European Union bear VAT. Sales outside the European Union, or to the Canary Islands, Ceuta or Mellila are VAT exempt.
E. Interactive Services (e.g. Openbravo Planet and Wiki)
When Openbravo provides services to the users that in any way allow them to post content on the Internet through the web site, i.e. distribution lists, chat rooms, newsgroups, forums, blogs, etc. ("interactive service") - and Openbravo Planet and Openbravo Wiki in particular -, users are obliged to provide and use such content in accordance with current legislation, these terms and conditions, any specific conditions regarding the provision of these services, moral values and respectful and peaceful behaviour.
In particular, use of this website for the purposes, or having the consequences, set out below (without limitation) is strictly forbidden:
- (a) Infringement of fundamental rights and public liberties established by the Constitution, international treaties or other legal codes.
- (b) Acts of a criminal, degrading, defamatory, slanderous or violent nature, any unlawful, immoral or disrespectful act, or any act that breaches the peace.
- (c) Discriminatory acts, attitudes or ideas on the grounds of sex, race religion beliefs, age or status.
- (d) The posting and making available of or access to products, services, activities or goods whose import, export, circulation, ownership, sale or production is prohibited by legislation of the country in question, unless the parties are duly authorised to carry on such activities:
- (e) Disclosure of false or inaccurate information that may mislead the user or publication of illegal, misleading or false advertising.
- (f) Violation of intellectual or industrial property rights belonging to third parties, disclosure of business secrets of third parties, infringement of personal honour, personal/family intimacy or personal image rights, or when any such infringement is foreseeable.
- (g) Publication of unauthorised or unsolicited advertising (known as "Spamming"), chain letters or any form of lottery or gambling.
- (h) Spreading of any kind of computer virus or faulty file, or any other software or IT program that may cause damage or unauthorised changes in any kind of content or systems accessible through the web site.
- (i) Undue and inappropriate use is made of the contents that may be included on the different areas of Openbravo's web site.
Although Openbravo does not control or supervisee any contribution made by third parties to the web site via any interactive service, except when required to by applicable law or competent court or administrative decision, the Company reserves the right to eliminate at any time a contribution that infringes or may infringe these conditions or prevent the reproduction or public communication of this contribution until proof is provided of ownership of the material provided or the legality of the contribution. En particular, and for precautionary purposes, the Company may carry out the foregoing when any contribution may seem to be illegal, infringe third party rights or not be sufficiently documented, without prejudice to the Company's right to retain and keep on file internally a copy of the content in question while the legal situation is being verified and for the duration that is prescribed by law.
Openbravo reserves the right to exclude the user from the interactive service without prior warning should the user perform any of the above-mentioned activities, and initiate the legal proceedings it deems appropriate.
Any announcement, comment, opinion, declaration or recommendation made within the interactive services shall exclusively be attributable to the Users expressing such points of view. In no circumstances shall such announcements, comments, opinions, declarations or recommendations be attributable to Openbravo, which will be held harmless from any claims that may arise in relation to a User using these interactive services for the purposes prohibited in this contract or by law.
IPR in the Interactive Services.
The contents published by the Company on the interactive services are distributed under the Creative Commons Attribution-ShareAlike 2.5 Spain License. The publication of messages or web pages, storage of files or public communication of any content through Openbravo's web site constitutes the acknowledgment in this company's favour of a royalty-free, non-exclusive, worldwide licence with the maximum scope and duration permitted by applicable law, to use, copy, sub-license, adapt, modify, transmit, execute or publicly disclose any of this content, and sub-license to third parties the right to exercise of any of the above-mentioned rights, either totally or partially.
Any claims brought against the Company by users in relation to infringements of intellectual or industrial property rights relating to any of the content contained on this web site must be sent to the following e-mail address: firstname.lastname@example.org
The Company will only be liable for loss or damages incurred by the user as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to willful misconduct on the part of the Company.
The Company does not guarantee the user the availability, access or continuity of connection to this website or the supply of information or of any of the various services offered through it. As a result, the Company will not be held liable in the event of interruptions in the service, delays, malfunctions and, in general, any inconvenience whose origin lies in causes beyond the control of the Company, or from a fraudulent or criminal action on the part of the user, or force majeure.
Neither does the Company guarantee the use, procurement of results or infallibility of the contents provided over the website which, in all cases, are of an orientative and informative nature. This information was obtained from sources deemed to be reasonably reliable but should not be deemed infallible, and should be compared with other sources prior to the user forming an opinion or making a decision. This is so specifically taking into account the fact that the Company does not control, supervise nor makes itself responsible for third party content, including dynamic content which may change over time, linked to from this site. All opinions, measures, downloads or actions of any nature adopted by the user will be exclusively at their own account and risk.
The Company does not assume any liability arising
- from use made by the user of the content of the Company's website;
- from the content and opinions published by third parties herein;
- from any activity that constitutes breach by the user or third parties of these terms and conditions, including any illegal or fraudulent conduct, or breach of intellectual and industrial property rights; or
- for any damages that may be caused to the users' equipment due to possible computer viruses contracted by the user in browsing the website or for any other damages incurred due to their browsing.
The User shall hold the Company harmless in the event of damages caused to third-parties as a result of the user's rightful or wrongful use of the products, services, contents or tools available on the website.
The Company reserves the right to modify, replace, update, renew, impede or restrict access, interrupt, block, temporarily suspend or cancel definitively any service, supply of information or any other content, either with regard to a specific user or in general, in particular when notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights. Any potential breach should be notified to email@example.com.
Unless otherwise expressly established in each case, the Company does not intervene, participate in or assume any guarantee regarding the services or products offered by third party providers that may be accessible through hyperlinks or advertisements.
The Company uses the latest technology on its website to guarantee the protection of information. The Company guarantees that the contracting of products and services will be carried out in a secure environment.
A secure environment is indicated by a padlock symbol in the browser status bar or the letter "s" after http in the address field of the browser.
Access to third party websites
This website offers access to certain third party sites, including the Internet portal Sourceforge for downloading the products of the Company and other services. Access and use by the user of each of these sites or portals are governed by their own rules, which are shown in the "legal notice" to which there is a link at the foot of the various home pages. This also applies to any website to which a link from this website may lead.
Part of the web site may contain advertising material or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material sent to be included on the web site complies with applicable legislation. Openbravo accepts no responsibility for any error, inaccuracy or irregularity that may be contained in advertising material, or that may be committed by the sponsors. Any claim relating to advertising content contained on this web site may be sent to the following e-mail addresses: firstname.lastname@example.org.
Law and Jurisdiction
These terms and conditions are governed by Spanish Law. The parties expressly accept that any conflict arising out of or in relation to the application, interpretation or performance of these terms and the use of the services will be submitted to the jurisdiction of the Courts of Pamplona, Spain.
Updated on 31st January 2013