License Agreement
1. AGREEMENT PARTIES
Diotima, s. r. o.
Přemyslovská 14, 130 00 Prague 3, The Czech Republic
id: 26115476
The company registered at Municipal Court of Prague, section C, insert 71429)
(the “Licensor”)
and
The User of the Software
2. SUBJECT OF THE LICENSE
With this license agreement, the Licensor grants a license to use the computer program Sfairadora and accompanying materials (the “Software”) to its User. By the term “User” is meant any person or organization that purchases, downloads, copies, installs or uses the Software. This license agreement is made effective upon purchasing, downloading, copying, installing or using the Software (whatever occurs first).
3. GRANT OF LICENSE
3.1. The User acknowledges that the Software is protected by copyright law. The Licensor hereby grants to the User a non-exclusive license to use the Software under the following conditions. The User has no other rights concerning the Software than those explicitly granted in this agreement.
3.2. The version of the Software marked as “for personal, non-commercial use”, which can be downloaded from the licensor’s internet pages, can be used free of charge solely for private non-commercial purposes. To use the Software for other purposes, the User must pay the license fee.
3.3. After paying the license fee, the User has the right to use the Software under following conditions. The User who has paid the license fee is hereby referred to as the “Authorized User”, which can be either a private individual or an organization. The Authorized User has the right to install and use the Software on any computer in his/her possession or in exclusive use.
(a) If the Authorized User is a private individual who uses the Software personally, he/she can install and use the Software on any number of computers specified above while paying only a single license fee.
(b) If the Authorized User is an organization or a natural person that uses the Software other way than stated in the section (a), a license fee must be paid for every single installation. The number of installations is determined by the number of persons that can use the Software simultaneously, considering the technical parameters of the devices on which the Software is installed. The right to use the Software is then granted to any private individual who is employed by the Authorized User or works for the Authorized User based on a contract.
3.4. The User has the right to user Software exclusively for storing and managing data and other related activities. The User must not modify the Software, created derivative works, distribute it in whole or in part otherwise than explicitly stated in the section 2.2. above; lend, rent or lease it; reverse engineer, disassemble, decompile or otherwise analyze it with the aim of finding the principles of its function. The prohibition of analysis and modifications does not apply to examples and standard documents (i.e. the files with the extension beginning with .s-d) delivered with the Software.
4. WARRANTY AND REMEDIES
4.1. Paying the license fee includes also one year maintenance period. Diotima guarantees that during the maintenance period the Software will perform substantially in accordance with the accompanying documentation. During the maintenance period, the User can install new version of the Software and get technical support free of charge. The maintenance period can be renewed according to price list published on Diotima web pages.
4.2. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising from the use of or the inability to use the Software.
4.3. Except for the express warranties stated herein, the Software is provided on an “as is” basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Software or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of the Licensor and your exclusive remedy hereunder shall be limited up to the amount actually paid by you for the Software.
4.4. There is no warranty for the free trial version of the Software.
4.5. If Diotima publishes a testing version of the Software (a pre-release, beta version), its purpose is to test the function of a new version of the Software before official market release. The User acknowledges that such a version is not a finished product and therefore the User accepts responsibility for all the risks that follow from using it, including loss of data or corruption of the system on which the Software is installed.
5. PRIVACY PROTECTION
5.1. The Licensor guarantees that the Software will not transmit any data from the User’s computer over the internet without the User’s prior permission.
5.2. The User grants hereby permission to transmit information about the Software being run on a computer together with the serial number of the Software installation. This data shall not be used otherwise than to prevent creation of unauthorized copies of the Software. If it follows from such data that the Software usage violates this license agreement, Diotima is authorized to acquire information about the computer’s owner and use such data solely to protect its rights.