Last updated June 10, 2014
Each User’s account may only be used by one natural person. A Free Plan User may not maintain more than one free account.
2 Reactive Blocks and Building Blocks
“Reactive Blocks” is a service and tool, consisting of a graphical editor integrated with the Java Development Tools for Eclipse and a library of Building Blocks. Reactive Blocks is used to develop code as a set of interconnected Building Blocks (code and graphics) whose hierarchy and data interchanges are presented graphically. The tool automatically generates the complex code to implement data interchange among components and includes a utility to perform automated, formal error-checking analysis on you actual code. Reactive Blocks produces ready to deploy Java code. Descriptions of key features and technical requirements are provided at Bitreactive’s web page (http://www.bitreactive.com). “Reactive Blocks” is a trademark of Bitreactive.
Reactive Blocks includes a library of generic, ready-to-use “Building Blocks” made by Bitreactive and the user community to accomplish common tasks. The Building Blocks are software components that encapsulate specific functionalities from which systems and applications can be built. A number of ready to use Building Blocks is available for the User. The User can also create and share own Building Blocks.
3 General obligations of the User
The User is responsible for all activity that occurs under the User’s account. The User may not use the Products for any illegal, unauthorized or improper purposes.
The User agrees to use the Products for the User’s own business or own personal use only, and shall not provide access to Products in whole or in part to others.
4 The License
Bitreactive grants to the User a personal, non-exclusive, non-transferable, non-sublicensable, time-limited and revocable license (the “License“) for access to and use of the Reactive Blocks to create specifications for and executable software applications, develop own Building Blocks, modify, maintain and combine licensed Building Blocks, integrate the produced code developed by the Reactive Blocks by clicking the build button in the Eclipse plugin (the “Produced Code“) in other software applications and devices, and use and sell executable software applications generated by using the Reactive Blocks.
Sharing and access to libraries shall follow the “Plans and pricing” provided at Bitreactive’s web page.
5 Use of the Building Blocks
The User shall have a free of charge right to use own developed Building Blocks in its own business and may integrate the Produced Code in other software applications or devices.
Building Blocks may be shared public or private according to the selected plan described at Bitreactive’s web page (http://www.bitreactive.com). Free Plan Users have an obligation to share the Building Blocks in public, ref. section 5.2.
By accepting the then applicable license terms for the relevant Building Blocks, the User has a right to use the Building Blocks in Bitreactive’s library in accordance with license terms applicable for the Building Blocks in question.
5.2 Share obligation for Free Plan Users
Bitreactive offers the Reactive Blocks with a free plan license, which allows the Free Plan User to use the Reactive Blocks.
6 Technical support
Bitreactive attempts to provide the User with the technical support needed. Bitreactive may within reasonable limits provide support at the support portal (http://support.bitreactive.com),technical support, phone support, updates or upgrades for Reactive Blocks or any derivative work of Reactive Block , provided that they have the necessary resources.
Extensive support from Bitreactive may be available for an additional fee under a separate support agreement. Support level according to plan.
7 Ownership and Intellectual property rights
Save as set out above, Bitreactive claims no intellectual property rights in the material provided by the User. The User’s profile and materials uploaded to the User’s profile by the User may vis-á-vis Bitreactive remain the property of the User.
Software applications and Building Blocks made by the User using Reactive Blocks are the property of the User. Source code modules produced using Reactive Blocks are the property of the User. Free Plan Users have an obligation to share Building Blocks public, ref. section 5.2.
8 Modifications of Products
Bitreactive reserves the right at any time to modify or discontinue, temporarily or permanently, Products (or any part thereof). Notice of any discontinuation or modification of Products will be disclosed at http://www.bitreactive.com.
A Professional User may downgrade its Professional User subscription to a free plan subscription by clicking downgrade from its profile page. The User will have access to the Professional User subscription until the end of the current payment period.
Downgrading may cause the loss of content, features, or capacity. Bitreactive does not accept any liability for such loss.
10 Data protection
Bitreactive will protect the privacy of any natural person downloading the Product. When downloading the Product, Bitreactive asks for name, address, phone number, e-mail address and other information specified at the login or user registration form. The information is collected in order to be able to create an account for usage of the Product and manage the customer relationship.
Bitreactive only processes personal information for the purposes for which they are collected and in accordance with the terms in the Norwegian data protection Act. The personal data collected by Bitreactive will not be made available to any third parties. The data collected will be deleted when it is no longer necessary for its purpose to keep it.
By accessing the User’s user profile at blocks.bitreactive.com or writing an e-mail to Bitreactive at firstname.lastname@example.org you will be able to get information about what personal information Bitreactive has registered on you. You will also be able to change or update that data.
The then current prices for the products are set out on Bitreactive’s web pages(http://www.bitreactive.com). The Professional User’s right to the Product is only valid if payment of the correct price is approved. The Reactive Blocks and Building Blocks are offered free of charge for Free Plan Users.
The prices are exclusive all VAT, fees, tax, levies, duties etc. unless otherwise expressly stated. Bitreactive uses an online payment service accessible via web shopping facilities. Additional terms and conditions may apply.
For any upgrade or downgrade in plan level, the credit card that the User provided will automatically be charged the new rate on the User’s next billing cycle.
Prices of all Products are subject to change upon 30 days’ notice. Price information is available at Bitreactive’s web pages (http://www.bitreactive.com).
12 Limited Product warranty
The Products are licensed “as-is”. Bitreactive disclaims any express or implied warranty, including warranties of merchantability and/or fitness for a particular purpose of the Products, the User’s use of the Products, or any updates, modifications, improvements and derivatives thereof.
13 Breach of contract
A breach of contract shall be notified without undue delay. If there is a breach of contract, the party in breach has a right and duty to remedy the breach without undue delay. Bitreactive’s liability does not include faults that are of no significance for the intended use of the Products and do not cause the User any inconvenience.
Other than for losses caused by gross negligence or willful misconduct by Bitreactive, Bitreactive waives any and all liability for loss caused by a breach of contract, including but not limited to loss caused by the Products or the effect of use of the Products or any updates, modifications, improvements and derivatives thereof, whether or not the User was advised of the possibility of such loss. In no event shall Bitreactive be liable for any matter whatsoever relating to the use of the Product by the User, any affiliate, officer, employee or any third party.
If the User fails to remedy the breach without undue delay, Bitreactive has the right to compensation for direct financial losses. Bitreactive may not claim damages for indirect loss. The limitation of liability shall not apply if the breach is caused by gross negligence or willful misconduct.
If the breach of contract is material and the breach (if capable of being remedied) is not remedied within 30 working days after the liable party has been notified of such breach, the other party has a right to terminate the agreement with immediate effect.
13.2 Late payment
If the User fails to pay by the stipulated date, Bitreactive shall be entitled to interest from the day on which payment was due. The interest shall be calculated in accordance with the Act relating to Interest on Overdue Payments, etc. (Act of 17 December 1976).
14 Third party rights
Bitreactive shall not be held responsible for the Users use of Reactive Blocks. Bitreactive waives any and all liability for any infringement of any third party’s rights, person or property, or any third party’s loss, caused by the Building Blocks and applications developed by the User or the Users use of the Reactive Blocks.
15 Handling of third party claims
In the event a claim, demand, suit or action alleging infringement is brought, or a party believes one may be brought on the merits that the Products or Building Blocks developed by the User infringes the rights of any third parties, the party allegedly responsible for the infringement/misuse shall have the right, at its own expense to:
(ii) Obtain the rights required to continue have the User using the Products Building Blocks developed by the User.
The User undertakes to indemnify, hold harmless and defend Bitreactive and its directors, officers, affiliates, shareholders, employees and agents from and against any claims or lawsuits, including attorney’s fees, which arise or result from the User’s infringement of third party rights, including any infringement of third party rights caused by the User’s use, misuse or amendment of the Products or Building Blocks developed by the User (or any updates, modifications, improvements and derivatives thereof) or inclusion of the Products or Building Blocks developed by the user (or any updates, modifications, improvements and derivatives thereof) in any other product, service, application or device, or failure by the User to notify Bitreactive of any actual or potential infringement of any third party right of which Bitreactive have or should have knowledge.
When the User begins a new project, the then applicable terms and conditions shall apply, even though a new version of Reactive Blocks is not downloaded.
A party shall ensure that confidentiality as set forth above is observed by obtaining confidentiality understandings or other appropriate measures from its employees, officers, directors, sub-contractors, consultants and other that get access to such confidential information.
19 Force majeure
In such an extraordinary situation, the counterpart can only withdraw from the agreement if the situation lasts or is expected to last longer than 60 days, and then only with 14 days’ notice.
22 No partnership
23 Governing law etc.