User license
END USER LICENSE AGREEMENT V.1.0
hereinafter referred to as the Agreement or the EULA
As a condition of lawful use of the Software, you accept this Agreement, so please read this Agreement and your rights and obligations under it carefully before installing the Software.
This Agreement is concluded between the Licensor and the Licensee and constitutes a binding legal agreement between the Parties.
The Agreement is concluded by accepting its terms and installing the Software. Only by accepting this Agreement will you be able to use the Software legally. If the Licensee does not agree with any of the provisions of the Agreement, he is not entitled to install the Software or to use it in any way, in whole or in part.
DEFINITIONS
Licensor: INTALIO Makieła, Mikołajczyk Spółka Jawna
NIP: 781-184-58-29; REGON: 30129457200000, ul. Piękna 30, 60-591 Poznań, registered: District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register KRS number: 0000447652; Email address: intalio@intalio.pl, hereinafter also referred to as: INTALIO.
Licensee: entrepreneur, company, as well as a natural or legal person acting on their behalf or on their behalf, operating on the B2B market and using the Software for business use, which means the use of the Software by business entities. The Licensee is also referred to as the End User or User in the Agreement.
Software: means the software licensed by the Licensor under this EULA, which may include third-party programs licensed under an open source license, as shown in the documentation accompanying the Software.
License Key: means a valid license key issued to you for activating and using the Software.
GENERAL PROVISIONS
On the basis of the Agreement, the Licensee acquires only the right to use the Software within the scope specified in the Agreement and does not acquire the rights on the basis of transfer of proprietary copyrights. This means that the copyright to the Software remains the property of the Licensor at all times. In view of the above, the Licensee undertakes not to take any actions that may violate the rights of the Licensor, either in whole or in part of the Software.
The Licensor declares that he is the sole producer of the Software and is entitled to grant a license to use the Software within the scope specified in the Agreement.
The use of the Software within the scope specified in the Agreement does not infringe the Licensor’s copyrights.
GRANTING AND RIGHTS TO USE THE SOFTWARE
The Licensee is obliged to use the Software only for his own business use (as part of the enterprise), only in accordance with its purpose and functionality, and in a manner consistent with the provisions of generally applicable law and good business practice.
The use of the Software is granted to the End User under the terms of this Agreement, under which INTALIO grants the User a non-exclusive, non-transferable license, without the right to sub-license, to use the Software solely for business purposes. The license is granted for the area of the whole world.
The license is granted for a limited period, unless otherwise provided in this agreement or in other legally binding agreements related to the Software.
The Licensee has the right to use the Software in the following fields of use:
– entering the end user’s computer memory,
– entering the end user’s computer into the RAM memory,
– use of the Software in accordance with its purpose and functionality,
– making a backup copy of the Software, also for archival purposes.
The Licensor does not consent to any changes, additions, adaptations or alterations to the Software, further translations, reverse engineering, decompilation, disassembly by the Licensee.
The Licensor does not consent to any actions by the Licensee aimed at modifying or creating derivative works based on the Software.
The Licensor does not agree to any activities aimed at circumventing, incorporating, modifying or providing access, permissions or rights that violate the technical limitations of the Software.
The Licensor does not agree to remove, hide or change the copyright or other proprietary notices contained in the Software.
As a Licensee, you cannot:
Sell, lease, assign, license, sublicense, distribute or otherwise transfer all or part of the Software or rights to the Software;
Use the Software to host the Software for third parties;
Resell and provide services based on the Software.
The Licensor is entitled to control the compliance of the Licensee’s use of the Software with the terms of the Agreement, in particular, it may implement mechanisms to verify the license via an internet connection with the Licensor’s license server.
In the event of proven misuse of the Software, each Software license file will be temporarily terminated with a 14-day notice period until the matter is clarified by the Licensee.
The collected data is subject to the INTALIO Privacy Policy.
By installing the Software, you consent to the Licensor obtaining access to some data stored on the computer on which the Software is installed. This consent applies to the following data: individual User number, computer ID, including the operating system, system date and time, Software ID, including its version installed on the User’s end device.
All data obtained by the Licensor from the User’s end device are used only to manage the Licenses, and in particular allow for the verification of the way the Software is used, and for the preparation of possible updates of the Software.
Obtaining the access by the Licensor to the above-described data does not cause any configuration changes in the User’s end device.
SUPPORT
During the term of the Agreement, the Licensor may provide the Licensee with the Software updates.
Updates are intended solely to improve, upgrade and develop the Software and may take the form of defect-fixing programs, enhanced or new functions, or entirely new versions of the Software.
Any additional or new components of the Software provided as part of the above-mentioned updates are an integral part of the Software and are subject to the provisions of this Agreement.
NOTICE
INTALIO may terminate this EULA immediately upon notice if Licensee fails to comply with any of the terms of this EULA. In the event of termination, any Software license key will be revoked and may not be used.
LIMITATION OF LIABILITY
The use of the Software depends on many factors that may cause communication errors, including, but not limited to: local network and network settings, firewall, Internet service provider, public Internet, and power, therefore the Licensor does not guarantee that the Software will function without interruption, delays. or mistakes. Licensor is not responsible for any disruptions, interruptions or delays caused by a failure or defect of any of these or other items beyond its control. Therefore, the Licensor is not liable for any damages that may arise as a result of using the Software. In particular, the Licensor shall not be liable for lost profits or difficulties in running the business activity by the Licensee.
This license does not allow the Licensee to make any deductions to the Licensor without his express consent.
The Licensee agrees that in the event that the Licensor breaches the provisions of the Agreement and it is technically or organisationally impossible to remedy such breach within a reasonable time, the only compensation that the Licensee may request is the reimbursement of the Software license fee paid by him.
The Licensee agrees that any financial liability of the Licensor is limited to the amount of the license fee for the Software.
The Licensor is not responsible for any disruptions in the operation of the systems on which the Software depends, or changes in the architecture of these systems.
In particular, the Licensor shall not be liable for any damages resulting from the use, misuse or inability to use the Software.
The Licensor shall not be liable for defects in the Software and for defects in the Software as well as for the data processed by the Licensee using the Software, as well as for the consequences of their processing.
The Licensor is not responsible for claims of third parties arising in connection with the use of the Software by the Licensee, and not related to copyrights.
This Agreement is subject to Polish law. In matters not covered by the content of the Agreement, the provisions of the Civil Code shall apply in particular.
Licensor’s failure to comply with any provision of this Agreement shall not constitute a waiver of that provision.
Any disputes that may arise in connection with the performance of the Agreement shall be settled by a common court competent for the seat of the Licensor.
The license is payable. The amount of the license fee is specified in the agreement concluded with the Licensee.
Delivery. The INTALIO software key will be sent by email after the Licensee has made the payment. Unless the parties to the Agreement expressly agree otherwise.
The agreement is valid from the moment of its acceptance by the Licensee. The Licensee’s acceptance is tantamount to agreeing to all terms and conditions of granting the License specified in the Agreement.
CONFIDENTIAL
The Licensor undertakes to maintain commercial secrecy and confidentiality of information to which it may gain access in the course of providing technical support services.
ADDITIONAL LICENSE TERMS
“Subscription” means a license for the Software and Support Services valid on the date of validity and expiring after the expiry or termination of the Support Services, and may be renewed upon payment of the appropriate fees by the Licensee through the appropriate channels provided by INTALIO.
The “Demo Version” is provided as a free 14-day license and is defined as the “Trial Version”. The Trial Edition is not purchaseable and the use of the Software is only permitted for a limited period of the Trial Edition itself, but is subject to the acceptance and validity of the terms of this license, including these additional license terms.
Any Software offered for free by INTALIO “Freeware” is without any support or warranty of any kind.