EULA

END USER LICENSE AGREEMENT V. 1.0 (10 march 2020)

 

The condition of legal use of the "Software" is the acceptance of this Agreement, therefore before installing the "Software" you should read this Agreement and arising from it rights and obligations. This Agreement is concluded between the Licensor and the Licensee and constitutes a binding legal agreement between the Parties. Only accepting of the Agreement enables legal use of the "Software". If Licensee does not agree with the above provisions, he may not use the "Software” as a whole or any part of it.

 

DEFINITIONS
Licensee: an entrepreneur, company or organization, as well as a natural or legal person acting on their behalf or on their behalf, operating on the B2B market and using "Software" for business use, which means the use of the Software by economic entities. In the content of the Agreement, the Licensee is also referred to as the End User or User.

"Software" - means the software licensed by the Licensee under this EULA, which may include third-party programs licensed under an open source license, in accordance with the documentation accompanying the software.

"License Key": means the proper license key issued for activation and using with software.

GENERAL PROVISIONS
Under the Agreement, the Licensee acquires only the right to use the Software to the extent specified in the Agreement and does not obtain rights on the basis of the transfer of copyrights. This means that the copyright to the Software is the property of the Licensor at all times. Therefore, the Licensee undertakes not to take any actions that may violate the Licensor's rights to the whole or part of the Software.

The Licensor declares that it is the sole producer of the Software and is entitled to grant a license to use the Software to the extent specified in the Agreement.
Using the Software to the extent specified in the Agreement does not infringe the Licensor's copyright.


GRANT AND USE RIGHTS FOR SOFTWARE
The Licensee is obliged to use the „Software” for personal use only in accordance with its intended purpose and functionality, as well as in a manner consistent with the provisions of the universally binding law and good business practices.


The use of the „Software” is licensed to the end user under the terms of this EULA, with which INTALIO grants You a non-exclusive, non-transferable license, without rights to sublicense, to use the „Software” only for Business Use.
The license is granted for the whole world.

The license is granted for a fixed-term unless the provisions of this contract or other legally binding contracts concluded in connection with the Software provide otherwise.


The license is granted for a fixed-term unless the provisions of this contract or other legally binding contracts concluded in connection with the Software provide otherwise.

The Licensee has the right to use the Software in the following fields of use:
1) entering the End User's computer memory,
2) entering into the RAM memory of the End User computer,
3) use of the Software in accordance with its purpose and functionality,
4) backing up the Software, also for archival purposes.

The Licensor does not agree to the Licensee making any changes, additions, adaptations or alterations, further translations, reverse engineering, decompilation, disassembly in the Software.

The Licensor does not agree to the Licensee carrying out activities aimed at modifying or creating derivative works based on the Software.

The Licensor does not agree to take actions to circumvent, enable, modify or provide access, rights or rights that violate the technical limitations of the Software.

The Licensor does not agree to delete, cover or change the information about rights copyright or other proprietary rights contained in the Software.

As a Licensee, you may not:
1) sell, lease, assign, license, sublicense, distribute or otherwise transfer all or part of the Software or rights to the Software;
2) use the Software to provide hosting of the Software to third parties;

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 verifying the license via an internet connection with the Licensor's license server.

In case of proven Improper Use of the software, any involved Software License File will be temporarily invalidated, upon 14 a days notice, until the clarification of the case by the Licensor.

Collected Data is subject to INTALIO Privacy Policy.

By installing the Software, you agree that the Licensor will gain access to some of the data stored on the computer on which the Software is installed. This consent applies to the following data: individual User number, computer identifier, including operating system, system date and time, Software identifier, including its version installed on the end User's device.

All data obtained by the Licensor from the end User's device is only used to manage the Licenses, and in particular to verify the use of the Software, preparation of any possible updates of the Software.
Obtaining by the Licensor access to the data described above does not cause any configuration changes in the end User's device.

 

SUPPORT
During the term of the Agreement, the Licensor may provide the Licensee Software updates.

Updates are solely for the purpose of improving, modernizing and developing the Software and may be in the form of defect-fixing programs, improved or new features, or completely new versions of the Software.

Updates are solely for the purpose of improving, modernizing and developing the Software and may be in the form of defect-fixing programs, improved or new features, or completely new versions of the Software.

Any additional or new components of the Software provided as part of the upgrade referred to above form an integral part of the Software and are subject to the terms of this Agreement.

 

TERMINATION
INTALIO may terminate this EULA immediately upon notice if the Licensee fails to comply with any of the terms of this EULA. If terminated, any Software license key will be revoked and cannot be used.

LIMITED WARRANTY AND LIMITATION OF LIABILITY
The use of the Software depends on many factors that may cause errors in communications, including but not limited to: local area network and network settings, firewall, Internet provider services, public Internet, and power supply, therefore, the Licensor does not guarantee that the Software will operate without interference, delay or mistakes. The licensor is not responsible liability for disturbances, interruptions or delays caused by a fault or defect any of these elements or other elements beyond its control.

 

In particular, the Licensor shall not be liable for lost profits or difficulties in the Licensee's conducting business activities. This license does not allow Licensee to make any deductions to the Licensor without its express consent.

The Licensee agrees that if the Licensor breaches the provisions of the Agreement and it is technically or organizationally impossible to remedy such violation within a reasonable period of time, the only compensation that the Licensee may require is a refund of the license fee paid for the Software.
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 systems from which Software depends or changes in the architecture of these systems. In particular, the Licensor shall not be liable for damages resulting from use, misuse or inability to use the Software.

The Licensor shall not be liable for defects of the Software and for defects of the Software and for data processed by the Licensee using the Software, as well as for the effects of their processing.
The Licensor shall not be liable for any third party claims arising in connection with Licensee's use of the Software, not related to copyright.

This Agreement is subject to Polish law. In matters not covered in the content of the Agreement, the provisions of the Civil Code shall apply in particular. Licensor's failure to perform any provision of this Agreement does not constitute a waiver of use of this provision. All disputes that may arise regarding the performance of the Agreement will be settled by a court common locally appropriate for the seat of the Licensor.

The license is payable. The amount of the license fee is indicated in the contract concluded with the Licensee.

Delivery. The INTALIO License Software Key will be forwarded by email after payment is made by the Licensee
Unless the parties of the Agreement expressly agree otherwise.

The agreement is effective from the moment it is accepted by the Licensee. Licensee acceptance is tantamount to agreeing to all the conditions for granting the License specified Agreement.

 

CONFIDENTIAL
The Licensor undertakes to maintain business confidentiality and confidentiality of information up to which they may access in the course of providing technical support services.


ADDITIONAL LICENSE TERMS AND CONDITIONS
“Subscription” means a license for the Software and Support Services that is effective upon the date of validity and terminates upon the expiration or termination of Support Services and may be renewed upon payment by the Licensee of the applicable fees through the appropriate channels made available by INTALIO.

The "DEMO Version" is provided as a free 30-days license defined as the " DEMO Version". The Demo Version is not subject to purchase, and the use of the Software is only allowed for a period limited by the period of Demo Version itself but it is subject to acceptance and effectiveness of the terms of this license, including these additional license terms.
Any Software offered for free by INTALIO "Freeware" covers no support or warranty.