Terms of license of the company GAMANET A. S.
END-USER
LICENSE AGREEMENT (EULA)
These terms of
license constitute the license agreement made between GAMANET a. s. company having
its registered office in Bratislava, Zátišie 12, 831 03, Slovakia
Identification No.: 35 917 881, registered
in the Commercial Register of the District Court Bratislava 1, Section Sa,
Insert No.: 5585/B, as an subject of having the right to grant the License to
use the Software product – the C4 Software, and the authorized End-user
of the C4 Software in accordance with the applicable Copyright Act of Slovak
republic.
The Software product – commercially known as “C4
Software”, is being understood a computer program as copyright work, development
tools, tangible media, User Manual, licenses, online documentation, electronic
documentation, service support, internet - based services, etc., that means a
complete software package.
The terms and
conditions of the License Agreement or Installing conditions - in electronic
format attached to the Software take priority over the terms and conditions of
License Agreement or Installing conditions that may be attached to the Software
product in writing.
By installing,
copying, accepting, and making accessible or otherwise real using of the
Software, as the End-user you express the consent of Gamanet a. s.
company.
IN
CASE YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT,
YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE PRODUCT AND YOU SHALL RETURN THE
SOFTWARE PRODUCT.
All
information related the Software product is available in an electronic format on
internet pages www.c4portal.com (product
web page).
By using of
certain attributes of the software product, you provide the consent for
transmission of certain information from your computer to get the
internet – based services, including of the expression of your consent to comply
with these license terms by electronic/mechanical means.
INCLUDED
MICROSOFT PROGRAMS.
These license
terms apply to all Microsoft programs included with the C4 Software.
In case of
necessity to use the programs of Microsoft Corporation company, before
installing of C4 Software or during the installation or during the using of C4
Software by using of the programs of Microsoft Corporation you accept their license
terms and if not, please do not use any of those programs and please contact
Gamanet a. s. company.
THIRD
PARTY PROGRAMS.
The software
product may contain third party programs. The license terms with those programs
apply to your use of them.
SUPPLY
OF THE SOFTWARE PRODUCT.
The Software
product is supplied in a commercial package or in an electronic format – when
the Software product shall be downloaded by the End-user via internet from the
product web page.
The Software
product is provided solemnly in a machine-readable or object code format.
Along with the
Software product, Gamanet a. s. shall supply Installation
Manual,
User
Manual,
Manual
of used equipment or shall make their electronic
version available.
LICENSE.
One software
product corresponds to one license.
Scope
of Use of the Software Product.
The Software
product is designated for:
-
administration
of devices integrated in buildings operation
-
monitoring
of the status of devices
-
personnel
management
-
administration
of persons and their access to particular devices
The Software
product and its outputs are not designated mainly for:
-
data
collection in contradiction to Law on personal data protection
-
any
data interpretation breaching personal privacy
-
monitoring
of the movement of persons in buildings contrary to Personal data protection
law
The End-user
is authorized to use the single Software product as following:
-
the
End-user is authorized to install the Software product on a hard disc of one
central computer system /server/; installation is completed by mandatory activation
that shall be remote controlled by Gamanet a. s. by an “activation
key” following the identification of a hardware address of the net card installed
on a particular server
-
the
End-user is authorized to connect a permitted number of operated electronic
devices that are a part of connection to one (single) Software product for the
purpose of management (controlling and administrating) of these
devices at the server
-
one
single Software product may be used at any number of computers connected to the
server for the purpose of data storing and processing at the server
-
the
End-user is authorized to remove the Software product from the server on which
it was originally installed and transfer it to other computer system /other server/
while the terms and conditions of the License Agreement must be fulfilled
-
the
End-user may request Gamanet a. s. to grant the License for more operated electronic
devices
-
the
End-user may request Gamanet a. s. to allow the change of a hardware address (the
Software product transfer to other computer system).
Conditions
of installation.
The End-user
is familiar with the fact that the Software product may be installed under the
following conditions:
-
the
End-user is responsible for installation of the Software product
himself/herself; only a certificated person is authorized to implement the Software product;
the list of certificated persons is
located at the product web page
-
computer
systems and software of computer systems on which the Software product shall be
installed must be in conformity with technical
specification of the Software product installation conditions /in a
printed or electronic format/; the programs or devices that may have a negative
impact on functioning and stability of the Software product may not be
installed
-
computer
systems and their software, the Software product included, must be installed,
administrated, operated and used by particularly educated and skilled staff
-
upon
the Software product installation, programs or devices that may have a negative
impact on functioning and stability of the Software product may not be
installed on computer systems.
Scope
of the License.
THE
C4 SOFTWARE AND ALL RELATED MATERIALS ARE COPYRIGHTED WORKS AND PROTECTED UNDER
APPLICABLE INTELLECTUAL PROPERTY LAWS.
The End-user agrees
that no right in any trademark, logos, trade name of Gamanet a. s. is granted
under this License.
Company Gamanet
a. s. hereby grants to the End-user a
non-exclusive License to a limited extent, as it is set in Scope of
use of the Software product in the correspondent version of the software
product.
The End-user is
not permitted in no case to make a copy of the Software product or modify
or conversion the Software product with the exception of one Backup copy; provided
that the backup copy must include all copyright or other proprietary notices
contained on the original. In case of necessity, the End-user
is authorized to substitute by this legal Backup copy the original Software
product.
The
treatment with the License.
The End-user
may not have right to grant a right for any use of the Software product, nor
has the right to delegate the License to the third party unless
acquires the prior written consent of Gamanet a. s.
The
time for which the license is granted.
The License
shall take validity and effectiveness by the Software product installation
within which the End-user explicitly and irrevocably affirms the terms and
conditions of this License Agreement; this consent shall be send in an electronic
format to Gamanet a. s. within the frame of mandatory activation.
The End-user
as an acquirer of the License is authorized to use the Software product’s
either:
-
in
the original version, without limitation
-
or
in the upgraded version (hereinafter also as “ upgrade” ),
if the End-user pays a subscription for new versions of the Software product “,
t.m. “subscription”
-
or
in the updated version, if the End-user purchases and installs a new version – “upgrade”.
The Software product
„upgrade”
- company
Gamanet a. s. may provide the additional functionality for the software product;
other license terms may apply in that case
- upgrade
includes each Software product upgrade or modification, eventually modification
of its component parts
-
the
original software package includes the End-user’s right for obtaining the upgrade
of the Software package for 3-months period from the date the License takes
effect
-
Gamanet
a. s. shall send a notification to the End-user within appropriate time period
to inform the End-user that his or her right for upgrade is about to expire /an
appropriate notification will appear/
-
after
the Software product upgrade agreement through in form of an annual
subscription for upgrade of the Software product is contracted, Gamanet a. s.
shall send the Software product upgrade to the End-user at least once per annum
in an electronic format through internet or in a commercial package
-
if
Gamanet a. s. disclose the innovated Software product (hereinafter
as “ new version”), the End-user
must own a proper license to use the innovated Software product.
The terms and
conditions set in this License apply also to upgrades, accessories, additional
parts and the Software products services parts, if it is not otherwise stated
on upgrades, accessories, additional parts and the Software products services parts.
Termination
of the License.
The License
terminates when:
-
the
Software product is destroyed
-
the
End-user fail to comply with any terms of this License
In case of
termination of the License, the End-user must destroy all the copies of the
Software product along with its component parts.
PAYMENT.
-
price
of the Software product is determined according to the valid price list of
Gamanet a. s. depending on - version of a product, - edition of the product (t.m. functionalities), - the number of connected devices and eventually the number
of administered persons
-
payment
for original product License shall create a part of the Software product price
-
payment
for Licence of the Software product upgrades shall create a part of a
subscription for new versions of the Software product
-
in
case the End-user applies for an approval for treatment with the License,
payment shall be made separately, according to the actual price list of Gamanet
a. s.
-
likewise,
the supply of an activation key in case of transfer of the
Software product to other computer system, such consent shall also be charged,
according to the valid price list of Gamanet a. s.
-
in
case the End-user applies for an approval to extent the License for more electronic
devices, such approval shall be charged according to the valid price
list of Gamanet a. s.
-
in
case the End-user applies for maintenance and support, such
service shall be charged according to the valid price list of Gamanet a. s.
-
payment
for trainings /which Gamanet a. s. is not obliged to provide/
shall be charged according to the valid price list of Gamanet a. s.
-
other
services and product prices are set by the valid price
list of Gamanet a. s.
THE
SOFTWARE PRODUCT SUPPORT.
Gamanet a. s.
company is not a direct subject of relation arising from the Software product
purchase; it is always a particular retailer selling the Software product to
the End-user.
Gamanet a. s.
company provides assistance in course of problems solving and bugs eliminating
occurring when the most recent (latest) Software product update is in use
exclusively through a retailer who has sold the Software product to the
End-user, during the working days from 9 a.m. to 4 p.m. CET (no during the holidays). The End-user is not entitled to be provided the support by Gamanet a. s.
directly. By using the Software product it is possible to use also links of locations
of other subjects that deal with the Software product support. Gamanet a. s. is
not liable for any other subject’s location.
Any
communication must be realized in writing.
The request
for maintenance and support may be realized in the Software
product service centres, as they are listed at the product
web portal.
The request
for maintenance and support must be clearly defined and it must contain all
data enabling to replicate the reported problem; in case it is necessary, the
End-user must provide interactivity to the extent required to solve the
problem.
Gamanet a. s. company
is not obliged to provide maintenance and support if:
-
there
has been an unauthorized interference into the Software product, or its source
code, or as a consequence of using of incorrect parameters or the Software
product settings
-
there
has been an operation error or if the Software product has not been used
according to User Manual
-
the
bug was eliminated by the Software product upgraded version that has not been
installed by the End-user
DATA
STORAGE AND TRANSFER CONSENT.
The End-user grants
to company Gamanet a. s. competency, under which Gamanet a. s. may transfer, handle
and store data related to identifying the End-user.
The End-user
agrees that Gamanet a. s. may not during the said process gain any personal
data of End –user.
The End-user
agrees that Gamanet a. s. may during the said process control by its own means
whether the Software product is used according to the provisions set in this License.
The End-user
also agrees that during communication between the Software product and computer
systems of Gamanet a. s. or of retailers who sell the Software product to the
End-users, the data designated to provide functionality and justifiability of
using of the Software product, may be transferred.
The End-user
agrees that Gamanet a. s. and also the retailers may collect and use technical
information gained howsoever as a part of potential provided Software product support
services, related to the Software product.
WARRANTIES.
Gamanet a. s. provide
the guarantee for the efficiency of the supplied software product
at the objective (functions) and parameters specified in technical
documentation upon the date the License takes validity and effectiveness.
Gamanet a. s.
provides a guarantee on tangible medium of the Software product data /CD-ROM,
DVD –ROM and so on/ which proves no errors in material design.
Gamanet a. s.
warrants functionality
of the Software product according to User
Manual
for 12-months time period. If the upgraded Software product is purchased, new
guarantee period begins for 12-months time period – until the next upgrade. The
guarantee period begins upon the date the Software product is installed (see
Installation Manual).
Gamanet a. s.
by proxy of a retailer, who sold the Software product to the End-user, shall
after careful consideration substitute a defective tangible medium of the
Software product or shall pay back the price of the Software product to the
End-user within 60-days time period from the date of the Software product
purchase and payment.
Under no
circumstances shall Gamanet a. s. be liable for any damages caused by combination
of computer infiltrations impacts, or other technical or program equipment.
Under no
circumstances shall Gamanet a. s. be liable for any consequential damage
whatsoever related to use, non-use or impossibility to use the Software
product.
Under
no circumstances shall Gamanet a. s. be liable for any damages /direct or
consequential/, whatsoever related to use of the Software product and which
exceed the price which was paid by the End-user /maximum estimated extent of
damage at the time of this License Agreement conclusion/.
In case the
End-user lays claim for any indemnities, he or she is not rightful to transfer
any of potential claims arising from this License Agreement against Gamanet a. s.
to the third party without the prior written consent of Gamanet a. s., under the
sanction of invalidity of such act. Claims against Gamanet a. s. may not become
howsoever a security tool of the End-user against the third parties.
RESOLUTION
OF DISPUTES, APPLICABLE LAW.
This License will
be governed and
construed in accordance with the laws of the Slovak
Republic and is concluded according to Article 262 and 269(2) of Commercial
Code, Copyright law and other related regulations.
The respective
Slovak courts shall have exclusive jurisdiction over all disputes relating to
this Agreement according to Slovak law.
In Bratislava,
dated January, 04, 2013 Gamanet a. s.