VERY IMPORTANT: BEFORE DOWNLOADING, COPYING, INSTALLING, OR USING THE PRODUCT, PLEASE READ THE TERMS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THEM, RESIGN FROM THE PRODUCT.
THE END USER LICENSE AGREEMENT
For the purposes of this Agreement, the following terms and names have been used:
- THE UPDATE: Additional Product, which can be provided once or periodically, and which involves making changes to the Product already owned by the Licensee, the task of which, among other things, includes: its development, improvement or the addition of new functionalities, the removal of detected errors, and the use of new or alternative solutions;
- THE LICENSEE: An entity that is an entrepreneur, both as a legal person, and as a natural person running his or her own business, which has the capacity to incur liabilities and obtain entitlements, and who under that Agreement gains the right to use the Product, and in particular the software belonging to the Licensor;
- THE LICENSOR: CaseLayer, a limited liability company with its registered office in Rzeszów, at the registered address 35-105 Rzeszów, ul. Przemysłowa 23 (POLAND), VAT-ID: PL8133713393, entered into the Register of Entrepreneurs under the KRS number: 0000596015, REGON [ENTERPRISE ID]: 363470635, hereinafter referred to as: “CaseLayer”, as well as any entity that may become the successor to CaseLayer, e.g. when the company is converted into another legal form or merges with another company. Certain rights or obligations of the Licensor may be implemented by other entities, which will be authorized to do so to the appropriate extent;
- PRODUCT: The software that allows the Licensee to process data using computer devices as on-premises software (requiring a download and installation on the Licensee’s server), made available as a set of data submitted in a specific source code, and interfaces, along with the installation manual, designed to implement specific functionality offered for sale on the CaseLayer website. The product may also be software that has been made, modified for an individual order of the Licensee, or additional software to supplement the software offered as a standard—this software can also be used later, commercially, by the Licensor in the course of its business, and constitutes the Licensor’s property. The term “Product” includes: its Updates (if any), add-ons, and any changes introduced according to indications made by the Licensee or others—in this case, there is no sale of any rights, but the user is only authorized to use the Product. The Product should not, but may, contain errors and defects that cause other problems resulting in the failure of computer systems and data loss;
- GRANTING THE LICENSE: Unlimited, one-time, paid, non-exclusive authorization granted to the Licensee by the Licensor to use the Product, subject to the conditions specified in the Agreement (also known as the “License”), consisting, in practice, of obtaining access to the Product, especially including the software and its use
- AGREEMENT: The End User License Agreement defining the rights and obligations of the parties and all other provisions related to its conclusion, execution, and termination, made available in a manner that allows its presentation and preservation.
- This Agreement entitles the Licensee only to a limited use of the Product, including using the Product and deriving benefits from it, according to the scope of the License. The Agreement does not authorize the sale (either in whole or in any part) of the Product or any other type of transfer of the Licensee’s right to use the Product, which still remains the property of CaseLayer.
- Under the Agreement, there is no transfer or restriction of the copyright, or any other industrial property rights vested in CaseLayer to the Product or any part thereof.
- Granting the License does not in any way restrict the rights of CaseLayer to the Product names, trademarks, trade names, and other terms, and the Licensee will not acquire the right to use them in his or her own or someone else’s business activity. The Licensee may not use names, marks, or trademarks that are similar to those used by CaseLayer for its Products.
- The provisions of the Agreement do not apply in relation to consumers, i.e. natural persons not engaged in economic activity.
- Downloading, copying, and installing the Product (including installations made possible by eluding security measures) is a spontaneous acknowledgment of acceptance of the terms of the Agreement, including the obligation to pay for the granting of the License.
- The Licensee may not alter, modify, or develop the Product source code; decompile or decode the software, which is part of the Product; or violate or break the Product security. Any unauthorized interventions into the Product entitle CaseLayer to claim damages. In addition, CaseLayer is not liable for unlawful violation of the Product source code and the consequences of such actions.
- The Licensee may not make the Product available to other entities. He or she may not copy, sell, or make the Product in any other way available for use to other persons. This prohibition also applies to the Product as modified by the Licensee by changing or developing the software source code.
- The Licensee’s scope of using the Product includes:
- adding the software, which is part of the Product, to the permanent or temporary memory of the Licensee’s computer;
- processing the data collected and elaborated by the software or by means of using the software, which is a part of the Product; and
- duplicating the Product and the documentation related to it in order to install and run the software, apart from the above, for the sole purpose of making backup copies, excluding the possibility of providing the Product to other entities for payment or gratuitously; disseminating it on the Internet; or making the whole or part of the source code available to others.
- The Licensee may not grant sublicenses, i.e. grant further licenses to other entities, nor may he or she lease or lend the Product without the prior express written consent of CaseLayer.
- The Licensee may label the Product with his own name or trademark, but doing so, however, does not change the limitations of the License, and in particular does not affect the fact that the Licensee does not acquire ownership rights to the Product or the right to dispose of the Product, nor does it deprive, or in any way restrict the ownership rights of CaseLayer to the Product.
- The Licensee is obliged to use the Product in accordance with the law and in a manner that does not infringe the rights of third parties.
- The Product will be available to the Licensee upon the payment of the remuneration. Then, a message will be sent to the e-mail address indicated by the Licensee containing a link (URL) to the site at which the Product and the installation instructions can be downloaded.
- The Licensee may, free of charge, have a re-access to the Product. In such a case, he or she should apply to CaseLayer with a request for a link to the Product, submitting such a request to the following address: email@example.com.
This right will be valid in the cases of a loss of a software or an update within 12 months of purchase.
- The Licensee can have and use a copy of the Product on one server only. The use of the Product on a larger number of servers requires the purchase of a License for each additional server. Unauthorized possession of a greater number of copies or the installation of the software on more servers than the number of purchased Licenses will require the Licensee to pay for each additional copy and/or installation on the server.
- Installing the software on the server does not entitle the Licensee to use it on more stations than the number of purchased Licenses. In a case in which the Product is used by more than one user, it is necessary to make sure that the number of users does not exceed the number of purchased Licenses.
- CaseLayer is entitled to use technical and information resources, the purpose of which is to monitor access to the Product and prevent its unauthorized copying or other unauthorized application or use.
- The proper use of the Product and its update may require access to the Internet. In that case, the Licensee is obliged to have and maintain access to the Internet and/or accounts that are active online; otherwise, the proper use of the Product may be limited or made impossible.
- The fact that CaseLayer does not pursue its rights resulting from the Agreement in question, or does not act in the event of a breach of the Agreement by the Licensee or a third party, does not constitute CaseLayer’s waiver of any claims in this respect.
- The Licensee has the right to provide CaseLayer with an opinion on the Product and its functionality, but this opinion does not require CaseLayer to modify the Product or any part thereof. CaseLayer is entitled, free of charge and with no time limits, to use the content of the opinion in the course of its business, including publishing the opinion, whereas CaseLayer is not obligated to pay or reimburse the Licensee in any form for creating and providing his or her opinion. CaseLayer may, on the basis of the Licensee’s opinion or the opinion of entities associated with him or her, as well as on the basis of questions or issues reported to the support, use these ideas free of charge and thus create a new Product, or modifications, and upgrades of Products already offered within the framework of its activities.
- CaseLayer is entitled to transfer or encumber its rights to the Product to another entity or entities. Moreover, it is free to change its name, labelling, and other data related to the provision of the Product or service.
- CaseLayer provides updates of the Product free of charge for the first 12 months after the date of purchase. After that period, the Licensee may purchase an update for another 12 months by paying the amount indicated at the time of the purchase of the Product, whereas CaseLayer reserves the right to change the price for the subsequent year.
- CaseLayer can perform updates of the Product and make them available, but CaseLayer or an entity authorized by it will determine the quantity and range of the updates made.
- The Licensee is not required to purchase an update. Any update offered is optional.
- After issuing an update, CaseLayer will send the Licensee an e-mail message with information about available updates, including a link to the site from which the update can be downloaded. The relevant information about available updates will be posted on the website of the Product.
- CaseLayer will provide the Licensee with technical and information support related to the Product, free of charge, during the first 12 months after the date of purchase, but the Licensee may, at this time, send no more than six questions or issues to be analysed. For each subsequent question/issue, the Licensee shall pay the amount indicated in the Product description.
- After 12 months, support will continue to be available to the Licensee, and for each question/problem reported the Licensee will pay the amount indicated in the Product description.
- CaseLayer will provide technical and information support on a regular basis as a response to a notification sent to the email address: firstname.lastname@example.org. The reply will be provided within 72 hours of notification, unless the nature of the request makes meeting this deadline impossible.
- One year after the date of the sale of the Product, CaseLayer reserves the right to resign from providing support without giving a reason. The fees paid by the Licensee for a further period will be returned in proportion to the time period for which support was suspended.
TERM OF THE AGREEMENT
- The License will be granted for an indefinite period, which means that the Licensee, by purchasing the License, may use the Product without time constraints. This also applies to updated versions of the Product.
- The Agreement takes effect from the time of its approval by the Licensee or after downloading, accessing, and the first use of the software or any other part of the Product, even if the Licensee has not approved the Agreement explicitly.
- CaseLayer waives the right to terminate the License, if possible according to the laws currently in force or that will apply in the future, subject, however to compliance with the provisions of the Agreement (the execution of duties) by the Licensee.
- This License will terminate with immediate effect if the Licensee starts using the Product in a manner inconsistent with the provisions of the Agreement, or if the Licensee resigns from using the Product. Such a resignation requires the destruction of all copies of the Product and uninstalling it from the server, and does not obligate CaseLayer to return any benefits, apart from clearly defined cases.
- In the event of the termination of the Agreement, the Licensee is obliged to destroy all copies of the Product and its component parts and to remove it from servers on which the software has been installed, as well as to stop using it.
- Access to the Product is provided in return for a fee. The remuneration to CaseLayer is payable in advance in the amount indicated in the Product description, which also defines the purchase process.
- The Licensee may cancel the purchase within 30 calendar days. In such a case he or she will receive a full refund of the payment made.
- CaseLayer does not grant any warranty for the Product and is not responsible for assuring that Product operation matches the expectations of the Licensee.
- CaseLayer does not assume any responsibility for integration of the Product with other products, especially with software developed by other entities, nor is it liable for infringement of the rights to integrity of those products, the rights of which belong to others. CaseLayer does not guarantee the proper functioning of the integrated product and reserves the right to refuse to provide technical support for integrated products.
- The Licensee waives all warranties in relation to the Product in the field of physical defects of the Product.
- CaseLayer is liable for damages, such as incurred losses and/or lost profits, arising from use of the Product only up to the amount of the remuneration it had received for providing the Product to the Licensee and provided that such a damage was directly due to errors in the Product or other defects inherent in it.
- CaseLayer is not liable at all for damages arising from use of the Product after the Product’s source code has been changed by the Licensee.
- Considering that in some areas/territories, the above limitation may not be effective, CaseLayer reserves the widest possible limitation of liability, which is provided for in any given legal system.
- CaseLayer is not responsible for destruction of or damage to the Product by the Licensee or a third party, which took place after the sale of the License.
- If CaseLayer is sued or receives a claim from a third party related to the Product, and resulting from an act or omission of the Licensee, the Licensee will assume all responsibility for CaseLayer and undertakes not to act against it by filing any lawsuits, in particular recourse claims.
- CaseLayer reserves the right to unilaterally, at its own discretion, make changes, modify the wording of the Agreement, and publish its current version of the Agreement on the CaseLayer website, or send it directly to the Licensee. The new version of the Agreement takes force from the moment it is published or presented to the Licensee.
- The Agreement in the Polish language version is the basis for the translation and interpretation of the Agreement in other language versions.
- The annulment of any contractual provision does not invalidate the entire Agreement, which will still remain in force for the rest of its content, and in place of the invalid provisions, the relevant legal regulations are introduced, insofar as this is possible under the specific circumstances.
LEGAL DISCIPLINE AND JURISDICTION
All disputes or claims resulting from or related to this Agreement, if possible in a given legal system, will be subject to Polish law and the jurisdiction of Polish (general) courts in accordance with the seat of CaseLayer.