END-USER LICENCE AGREEMENT WITH THINKLABS COMPANY
IMPORTANT: THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR SALE.
The present END-USER LICENCE AGREEMENT (hereinafter referred to as „LICENCE” or „EULA”) governs the usage of the licence consisting in the right to use 301lite Tool (hereinafter referred to as the „SOFTWARE”). The Thinklabs company has the right to update and modify the present EULA periodically and at its own discretion. The most recent EULA version can be found at: http://www.301lite.com/eula-en
By purchasing, downloading, installing or using the SOFTWARE you agree to the terms of this EULA.
The LICENSOR is Thinklabs Sebastian Stojek with registered office in 32-090 Słomniki, 3 maja 28, Tax Identification Number: 6821526172
The LICENSEE is any natural person, legal person or other organisation using, downloading or purchasing the SOFTWARE
GENERAL STIPULATIONS
By accepting this EULA, LICENSEE obtains a limited, personal, worldwide, royalty-free, non-transferable, non-sublicenseable, non-assignable and non-exclusive licence to use this SOFTWARE which can be limited in time in the manner indicated below. Except where the SOFTWARE is made available on servers by the Thinklabs company or by its authorized hosting partner and LICENSEE obtains access remotey, LICENSEE is permitted to use one (1) copy of this SOFTWARE for (a) private and non-commercial purposes as a private user and/or (b) commercial purposes, as a service provider for a commercial business („business user”).
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS
All rights, including intellectual property rights and copyrights to the SOFTWARE as well as the rights to all printed and electronic materials attached, if any, and all SOFTWARE copies belong to the LICENSOR. The SOFTWARE is provided to LICENSEE on licensing agreement, not on a purchase agreement. LICENSEE shall purchase the SOFTWARE licence lawfully from Thinklabs Company. Otherwise, LICENSEE is not entitled to use the SOFTWARE.
LICENSEE shall not remove, obscure or alter any proprietary notices contained within the SOFTWARE or in the materials attached. LICENSEE understands and accepts the fact that Thinklabs company is entitled to stop selling, distributing, servicing and actualising the SOFTWARE (or any part of it) at any time. This applies as well to all products and services provided by Thinklabs company.
LICENSING LIMITATIONS
The LICENSOR hereby grants LICENSEE a non-exclusive, paid use licence for the usage of one (1) copy of the SOFTWARE under the declared IP address and in the internet domain associated with the IP address owned by LICENSEE
LICENSEE shall not sell or dispose of the SOFTWARE against payment in any way, and neither may grant a paid access to any functions available in the SOFTWARE.
The present LICENCE does not cover the right to critical updates within the version, it being understood as updates marked with XX.YY symbol, e. g. (2.56), where YY stands for subsequent editions of an update. The conditions of obtaining an update are: (a) sending the current licence file, (b) sending the licence key, (c) accepting the licence agreement in force on the date of the update release.
After having received the update, LICENSEE shall not use the older version of the SOFTWARE.
LICENSEE shall not undertake, cause, accept nor authorise any modification, decompilation, disassembly and translation of the SOFTWARE code or breaking it.
The LICENCE does not cover paid or unpaid SOFTWARE copy sharing with any other natural or legal person or other organisation.
LICENSEE is obliged not to transmit the rights indicated in this LICENCE to any other natural or legal person or other organisation.
LICENSEE agrees not to remove, obscure, prevent access to and alter the content of any proprietary notices including information about the intellectual property rights and other rights of the LICENSOR
LICENSEE acknowledges that running the SOFTWARE on a number of copies larger than declared results in annulment of the LICENCE without any reimbursement of the costs incurred by LICENSEE.
The SOFTWARE source code is not available to the public. The LICENSOR makes only a chosen part of the SOFTWARE source code available in an uncoded form.
LICENSEE shall not make public the SOFTWARE code whether in whole or in part, in any form. Publishing the code results in annulment of the LICENCE without any reimbursement of the costs incurred by LICENSEE.
LICENSOR is entitled to claim damages from LICENSEE for the publishing of the code if the LICENSEE has contributed to the publishing in question.
LICENSEE warrants and represents to the Thinklabs company that he/she will comply with applicable laws and all provisions relating to the usage of the SOFTWARE, including the data protection and privacy. LICENSEE undertakes not to use the SOFTWARE unlawfully or in a way that infringes upon any third party’s rights. If Thinklabs company is sued or receives a claim against a third party (a) for the LICENSEE’s actions, (b) the lack of required LICENSEE’s actions or (c) the content owned by LICENSEE, LICENSEE agrees to assume full responsibility for the Thinklabs company, object to any plea raised against the Thinklabs company and not to raise any plea against it. LICENSEE may receive updates, bug fixes, extensions, feature enhancements or other data related to the SOFTWARE (collectively referred to as “Updates”), which shall be downloaded on LICENSEE’s computer together with an information describing content and aim of an update. In some instances, LICENSEE may decline the update. As a result, the SOFTWARE may not perform properly. In certain cases an update may be required to retain the functionality of the SOFTWARE and installation completion may be necessary to continue using it. If the SOFTWARE is made available on servers the update installation may be automatic.
WARRANTY AND LIABILITY LIMITATIONS
LICENSOR shall not be responsible or liable for any damage or loss caused by any poor administration or mishandling of the SOFTWARE or computer network in which it is used. In particular, this applies to incompatibility of suggested versions of components recommended for proper performance of the SOFTWARE.
The SOFTWARE requires a connection with third party servers for its proper performance.
The SOFTWARE contains elements splitting connections with servers different than those of LICENSEE.The LICENSOR shall not be responsible for possible denial of access to services provided by third party servers which can occur during the usage of the SOFTWARE and all results caused by the denial of access.
LICENSOR is responsible and liable for any damage caused by improper performance of the SOFTWARE up to the value of its basic version, defined according to the LICENSOR’s price list valid on the date the damage occurred
LICENSOR shall not be responsible or liable for any damage or loss caused by improper performance of the SOFTWARE if it was caused by poor administration or mishandling of the SOFTWARE on the server, during maintenance works or if given functionality depends on the availability of services of other entities or internet domains.
LICENSOR shall not be responsible or liable for any data saved by the SOFTWARE and for any damage caused by the loss of these data. LICENSEE shall be obliged to make a data backup copy of all data by himself/herself.
LICENSORSHALL NOT BE RESPONSIBLE FOR “OPEN SOURCE” MATERIALS. THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS WITH OPEN SOURCE CODE, E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE LICENCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, GNU LIBRARY GENERAL PUBLIC LICENSE, GNU LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE. THINKLABS COMPANY MAKES NO WARRANTIES AND SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR ALL “OPEN SOURCE” MATERIALS CONTAINED IN THE SOFTWARE.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE
If the SOFTWARE received or opened by a LICENSEE with this EULA is a pre-commercial release or a beta version, LICENSEE understands the SOFTWARE is a pre-release, non-commercial version and does not represent a final product of Thinklabs. The SOFTWARE may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS AND THINKLABS COMPANY DOES NOT PROVIDE ANY WARRANTY AND IS NOT RESPONSIBLE OR LIABLE FOR IT TO THE LICENSEE.
TRIAL VERSION SOFTWARE
If in the user’s docmentation the SOFTWARE is identified as a demonstration, evaluation or trial version or “not for sale” (“NFS”) or “not for resale” (“NFR”) (hereinafter referred to as “Trial Version”), LICENSEE may install and access one (1) copy of the SOFTWARE only for the purpose of evaluation and/or demonstration. Unless LICENSEE is authorized by Thinklabs, he/she may not use the SOFTWARE for competitive analysis or other commercial, professional and profit purposes. LICENSEE understands that at the end of the trial period, he/she must either stop using the SOFTWARE or pay for the Software to continue using it. If LICENSEE fails to pay for the SOFTWARE, then his/her license terminates. Upon expiration of the trial period, LICENSEE must immediately discontinue the use of the Trial Version and delete and destroy all its electronic copies including, but not limited to, all user documentation that may have been provided as part of the evaluation from LICENSEE’s computer and any other computer devices on which the Trial Version was installed. Any attempt to circumvent the expiration date technology is in violation of this EULA and will automatically and immediately terminate the license to use the Trial Version.
POTHER PROVISIONS
LICENSEE shall be obliged to provide information about the SOFTWARE’s author. In particular, to provide the Logotype, simultaneously being a link to www.301lite.com, webpage in each SOFTWARE’s subpage footer unless a relevant fee, according to the current price list available at www.301lite.com has been paid to delete the above-mentioned data.
LICENSEE is granted an access to the given functionality of the SOFTWARE according to the fees paid. The access to particular functionalities is defined in the “licence key” file provided after the completing the full payment for the functionality in question.
LICENSOR shall not be obliged to develop SOFTWARE Updates different than those proven necessary for its proper performance.
Should any of the provisions of the present EULA become null and void or unenforceable for reasons beyond the control of the LICENSOR, the remaining provisions shall still be binding and both parties undertake to arrange their businesses and mutual interests to achieve the objectives set forth herein in another, legal and possible measure.
The present EULA is governed by the laws of the Republic of Poland regardless of the possible contradiction between the laws in force in Poland and the place of residency of the LICENSEE.
The parties declare their readiness settle any potential disputes resulting from the execution of the EULA in question by mutual agreement above all.