TERMS OF USE

 

LICENSE AGREEMENT OF THE PROGRAM

This document contains the terms of use of MERCAREA software, hereinafter “THE SOFTWARE”.

“Mercarea.com” is owned by B MEMBER S.A. All references to Mercarea as owner of the sites or contracting of services carried out on the site mercarea.com, shall be understood as B MEMBER S.A..

The software installation implies acceptance of the conditions. If you do not accept all or some of the conditions established herein, you must refrain from installing the software and if you did, you should uninstall it.
You acknowledge and agree that the software is protected by copyright and by this agreement, you only acquire the limited rights spelled out in it.

1) OBJECT
By this agreement, you acquire a license, nonexclusive, nontransferable, non-sublicensable, revocable, personal and limited, to install and use on a mobile device a copy of the software.

2) PRICE
The price of the annual license is granted in respect of the following table and must be paid before the fifth business day of the current month by one of the means provided for this purpose. Failure to pay on time will accrue penalty interest of 30% per year if the obligations are in Uruguayan pesos and 12% per year if they are in dollars.

Change in prices: B MEMBER S.A. reserves the right to change the annual price. If your contract is in current term, the price will change in the first renewal.
No payment term: Failure to pay on time, your username and password to access the program will be blocked until the payments situation is regularized.

3) TERM
The term of this agreement is one year from the installation and is automatically renewed for similar periods, unless you manifest your opposite will 60 days prior to renewal.

4) HARDWARE
The hardware required to use the program is not included in the license, and must be provided by you. B MEMBER S.A. will not be responsible for the damages caused by malfunctioning hardware.

5) ACTIVATION
To activate the program, you should contact B MEMBER S.A. by email: comercial@mercarea.com.

6) TRAINING
B MEMBER S.A. will provide initial training for use of the product. If additional training is required, it will cost for the customer.

7) CHARGING INFORMATION
Charging the information necessary to make the program work properly is your sole responsibility.

8) ) IMPROVEMENTS
The customer may request making improvements to the software. B MEMBER S.A. is not required to make the improvements requested by the customer. In case of developing them, the cost will be paid by the customer upon quote and acceptance of the budget.
The improvement developed by your request may be referred to the installed software by other users, whether free or paid, but in any case you are entitled to compensation.

9) SOFTWARE UPDATES
B MEMBER S.A. is not required to perform updates of the system. In case the are done they will not be obliged to provide them without cost to you. In the event that at some time a software upgrade is provided at no cost to you, does not mean it will always be supplied updates at no cost.

10) REPORTING SYSTEM ERRORS
If you find any error attributable to the program, you must report to the effect that we can try to fix it. This correction will be no cost to you.

11) SYSTEM PLATFORM
The program works in the following operating systems: ANDROID of GOOGLE version 3.4 and later released to October 2013 and the APPLE IOS version 5 and later released until October 2013. We do not undertake, although we will do our best so that our software remains compatible with new versions in the future will be released for these operating systems.

12) DISTRIBUTION AND LICENSING
Licenses are tied to the hardware of each device so that in case of change of device you must remove the old license associated with the device to install in the new device.

13) INTELLECTUAL PROPERTY
The owner of the software preserves and retains all intellectual property rights and ownership of the software as well as the rights of the brand MERCAREA, therefore you may not:
a) provide or cause to be available to third parties who have not purchased a corresponding license,
b) decompile, disassemble or apply reverse engineer of the Program,
c) use the name or logo of MERCAREA.
This list is merely illustrative.

14) AUTHORIZATION FOR USE OF YOUR NAME AND BRAND AS USER MERCAREA
You authorize MEMBER S.A. to use their name and / or trademark and / or trade name for the purpose of indicating that is a member of MERCAREA. Such use may be made in form that B MEMBER S.A. deems appropriate, including through the inclusion of their names and / or brand and / or business name on the website MERCAREA.

15) EXCLUSION OF WARRANTIES
The license for the use of the program is given without warranty either of maintenance, service or obligations of any kind. B MEMBER S.A. does not ensure that the software meets your expectations and needs. You acknowledge and accept that only you assume the risks from the use of the program, including, for example, and without this list to be limited to data loss or corruption, piracy, appropriation of your data by third parties, or temporary or definitive inability to access the software, software malfunctions, etc., computer damage, or any other commercial or economic damage.

16) LIMITATION OF RESPONSABILITY. EARLY LIQUIDATION OF INJURY
In case that you suffer any damage from the use of the program and attribute responsibility to B MEMBER S.A., It is paid in advance the damage at a sum equal to the monthly price of a license, current at the time the event occurred resulting in production of the damage.

17) AUTO ARREARS
Automatic arrears is agreed.

18) LIMITATION OF ACTIONS
The actions against B MEMBER S.A. linked , will prescribe within one year occurred the fact that motivates them.

19) INDEMNITY
You agree to keep B MEMBER S.A., harmless of any financial detriment, arising from or linked with your use of the software. Accordingly, you are forced to overtake, or possibly repay all expenses that B MEMBER S.A. reasonably expects to make, should make or have made, in relation to your use of the program and caused the expenditure made or planned.

20) CESSION AND TRANSFER
B MEMBER S.A. may assign this contract, in whole or in part, at any time and without notice. You may not assign the rights arising from this contract.

21) APLICABLE LAW
This agreement is governed by the laws of the Oriental Republic of Uruguay.

22) COMPETENT JURISDICTION
It Will be competent the courts of the city of Montevideo, Oriental Republic of Uruguay.