THESE LICENCE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS THE “CONDITIONS”) APPLY TO USAGE OF PRODUCTS OR SERVICES DISTRIBUTED BY DENEVY S.R.O. TO END USERS
Company Identification No.: 02995107
Registered office: Ocelářská 35/1354, Praha 9 – Libeň, 190 00
Phone: 774 494 633
(hereinafter referred to as the “Provider“)
Licensee – software end user
TO USE THE PRODUCTS OR SERVICES IT IS NECESSARY TO APPROVE AND ACCEPT THESE LICENCE TERMS AND CONDITIONS. USAGE OF PRODUCTS OR SERVICES IS CONSIDERED AS AN EXPRESSION OF CONSENT TO THESE CONDITIONS AND TO THEIR OBSERVANCE. THESE CONDITIONS APPLY TO ALL VERSIONS OF PRODUCTS OR SERVICES.
1 Validity of Licence Terms and Conditions
1.1 These Conditions apply to the usage of services or products, the author or distributor of which is the Provider (hereinafter referred to as the “Subject of Licence”). You accept these Conditions as the end user (hereinafter referred to as the “Licensee”)
1.2 – The Licensee of the Subject of Licence may be a legal person, legal person – enterpriser, as well as natural person.
1.3 – These Conditions come into force by their acceptance and their validity shall be terminated by expiration. Denevy s.r.o. may terminate the possibility of using the Subject of Licence and the granted Licence anytime at its sole discretion, without cause, by informing the Licensee of the validity expiration of a product or service or of the termination of a product or service. Usage of the Subject of Licence shall be automatically terminated if the Licensee breaches the Conditions or copies the Subject of Licence without authorization. After termination the Licensee is obliged to stop using a product or service immediately.
2.1 – Herewith the Provider grants the Licensee, and the Licensee accepts, a personal, nonexclusive, non-transferable, non-sublicensable, revocable and limited licence to use the Subject of Licence (hereinafter referred to as the “Licence”).
2.2 – The Licence is granted for a definite period.
2.3 – The Licence is provided to the Licensee for a number of users and for a period selected by the Licensee.
2.4 – The Licensee is entitled to change the number as well as extend the duration of the License under terms defined by the Provider.
2.5 – The Licensee acknowledges a new Licence may be generated after any change of the number of users or duration of the Licence, whereas such a Licence shall be valid as of the moment of payment for the following period or change of the number of users.
2.6 – A licence or another authorization code is provided to the Licensee based on an order by means of a web portal or to the e-mail address defined by the Licensee.
2.7 – The Licensee is not entitled to grant a sublicence to the third parties.
2.8 – The Licensee is not entitled to assign the Licence without the Provider´s consent.
2.9 – The Provider reserves a right to amend the Licence Terms and Conditions and the Subject of Licence.
2.10 – The Provider, as an owner or distributor, disposes of all rights and legal titles, subjective rights such as any patents, copyrights, trade secrets, trademarks. These rights and other related intellectual property rights as well as claims on such rights shall remain in the ownership of Denevy s.r.o.
2.11 – Licensee´s obligations: it is forbidden to send in a product or service any automated or recorded questions, unless approved in writing by Denevy s.r.o.; use of a product or service for other than permitted purposes arising from the nature of a certain product or service itself; approach to a product or service by means of software or in another manner than allowed by Denevy s.r.o.; decompile, transfer from source code, conduct reverse engineering or otherwise try to derive, rebuild, identify or detect source code, basic ideas or algorithms of a product or service; remove from the software any notifications, labels or markings related to titles; use a product or service to compare it with products or services of third parties.
3 Licence fee
3.1 – The Parties agree the Provider shall provide the Licence to the Licensee for consideration (hereinafter referred to as the “Remuneration”)
3.2 – The Remuneration for usage of the Subject of Licence differs based on the number of users and based on the period of usage, as ordered by the Licensee. The Licensee administers his Licence, number of users and duration primarily in his profile on the Provider´s web portal.
3.3 – The Licensee undertakes to pay the Provider for the Licence an amount calculated based on the number of users and duration of the Licence.
3.4 – If the Licensee changes a number of users or extends the duration of the Licence, the Licensee agrees so with payment of the Remuneration corresponding to the changes made.
3.5 – The Licensee acknowledges to be enabled to use software only after the licence fee has been paid.
4 Number of Users
4.1 -The Licensee is entitled to change the number of users.
4.2 – The Licensee may change the number of users by means of the web portal for administration of the Subject of Licence in his user profile.
4.3 – The Licensee acknowledges a new licence key may be generated for the current number of users after the number of users is changed, whereas the new licence key shall replace the previous valid licence key.
4.4 – Newly added users shall have a valid Licence after paying the licence fee for the selected period.
4.5 – The Licensee acknowledges not to be entitled to any refund of a proportional part of the paid licence fee in case the number of users is decreased.
5 Licence Extension
5.1 – The Licensee is entitled to extend the Licence.
5.2 – The Licensee shall extend the Licence by means of the Provider´s web portal or otherwise after written communication with the Provider.
5.3 – The Licensee acknowledges a new licence key may be generated after extending the Licence. Such a key shall be valid for the selected period from payment of the licence fee corresponding to the extended period of using the Subject of Licence.
5.4 – The Provider reserves the right not to enable any further usage of the Subject of Licence in case the Licensee does not pay properly for the Licence extension.
5.5 – In case the Licence expires and the Licensee intends to continue using the Subject of Licence, the Licensee is obliged to renew the Licence within 30 days after expiry of the prepaid period. Failing that, the Licensee´s account shall be deleted along with the entered data.
5.6 – The Provider reserves the right not to extend the Licence.
6 Conclusion of an Agreement
6.1 – The Licensee is entitled to take steps to accept the Licence Terms and Conditions, especially by selecting the number of users and duration of the Licence. By sending and paying an order by means of the web portal for software administration or by sending a form used for obtaining a limited trial version on the Provider´s websites, the Licensee expresses his consent to the Licence Terms and Conditions.
7 Payment Terms
7.1 – The Licensee undertakes to pay the Remuneration or its part by means of a wire transfer to bank account No. 2200591940, kept by Fio banka a.s. In case of foreign payment the following IBAN shall be used: CZ9220100000002200591940, SWIFT: FIOBCZPPXXX.
7.2 – The Licensee is obliged (unless agreed otherwise) to pay the Remuneration in advance.
7.3 – The Provider may enable the Licensee monthly or another frequency of payments based on an individual agreement.
8 Delivery Terms
8.1 – The Subject of Licence is supplied as a product or service whereas the Provider shall enable access to an autonomous instance of the Subject of Licence determined solely for use by the Licensee. Access data is supplied in an electronic form to the e-mail address specified in the Licensee´s profile, whereas the Licensee shall administer access data for other users of an autonomous instance of the Subject of Licence.
9 Data storage
9.1 – In accordance with the relevant provisions concerning data storage, Denevy s.r.o. is entitled to store the Licensee´s personal data even after usage of the Subject of Licence is terminated, for a period of a further 100 days, or in case the data is necessary for expected or assumed litigation.
10.1 – Third-party trademarks, trade names, names of products and logos (hereinafter referred to as the “Trademarks”), being a part of a product or service or being used within a product or service, are trademarks or registered trademarks of relevant owners and usage of such Trademarks is possible only with respect to the benefit of the trademark owner. The purpose of using such Trademarks is to express interoperability and it does not mean any connection to Denevy s.r.o. with such a company or promotion or approval of such a company and its products or services by Denevy s.r.o.
11 Limited Liability
11.1 – This product or service is provided within the Licence “as is” and Denevy s.r.o. waives any warranties, express or implied, including but not limited to, implied warranties for merchantability, illegal action or fitness for certain purpose. Denevy s.r.o. does not provide warranty for a product or service which will correspond to the Licensee´s needs, expectations or intended usage or it will be available without any interruption, defects or as fully secured. Denevy s.r.o. does not provide warranty that transcriptions or other information provided by means of a service are true, accurate or complete. The Licensee agrees with the fact his reliance on transcriptions or information provided by Denevy s.r.o. or being available by means of a service is at his own risk.
12 Failure and Liability
12.1 – A product or service does not have to be available from time to time or may be interrupted by various reasons such as environmental or topographic conditions, failure of devices, including Internet, computers, telecommunication means and other items which Denevy s.r.o. usually does not control. DENEVY shall not be liable for any failures of a product or service. DENEVY shall not be liable for any damages due to invasion of privacy when communicating via such networks.
12.2 – Under no circumstances shall Denevy be liable for damages arising from loss or damage of data, profit, sales or usage of a product or service, or for any special, indirect, accidental, consequential or exemplary damages arising from or relating to the usage or performance of a product or service or to its improvement or modification, regardless of the manner of acting, whether in contract, in tort or otherwise, even in case Denevy s.r.o. was informed of the possibility of such damages. The total liability of Denevy for damages caused by a product or service shall not exceed the amount of EUR 1,000 or its equivalent in local currency in any case.
13.1 – The Licensee is obliged to defend Denevy s.r.o. and its suppliers, successors, affiliated companies, agents, licensors, licensees and authorized persons, and shall not consider them as responsible for claims, damages, losses or expenses (including but not limited to attorney´s fees and costs), caused by Denevy s.r.o. in connection with all the claims, actions, judgements and legal proceedings arising from usage of a product or service by the Licensee, including but not limited to, false accusation, slander, defamation or breach of copyrights or another title with respect to the material transferred by means of a product or service, due to injury, death or damage on property, caused by usage or non-usage of a product or service.
14 Related Services
14.1 – The Provider provides the following paid counselling services, maintenance and other technical services related to the granted Licence hereunder:
14.2 – Programmer´s or another Provider´s employee work by means of remote support amounting to CZK 800 (excl. VAT) for each commenced hour.
14.3 – Services provided based on this Article shall be charged by the Provider separately. For purpose of the remaining Articles hereof the financial amounts specified in this Article shall be considered as a part of the Remuneration.
15 Licence Termination
15.1 – In case the Licensee decides to terminate usage of the Licence prematurely, the Licensee is entitled to ask for a refund of a proportional part of the licence Remuneration. At the same time the Licensee acknowledges the Provider is not obliged to satisfy such request.
15.2 – If the Licensee wants to obtain data entered in the Subject of Licence, the Licensee is obliged to require it in writing within 30 days at the latest after expiry of the prepaid Licence period or after delivery of a written decision on termination of the Licence usage. Failing that the Provider is not obliged to provide the data to the Licensee or continue storing the data after this period expires.
15.3 – In case the License Terms and Conditions are breached, the Provider is entitled to ask the Licensee for compensation in the form of legal and corresponding compensation of damage caused by a breach of these Conditions by the Licensee.
16 Governing Law
16.1 – These Conditions are governed by the Czech legal system, especially by Section 2358 et seq. of the Act No. 89/2012 Coll., Civil Code, as amended.
17 Final Provisions
17.1 Unenforceability or invalidity of a provision hereof shall not affect the enforceability or validity of the remaining provisions hereof, unless the nature or content of such provision implies it may not be separated from the remaining content hereof.
17.2 – These Conditions come into force and effect on 1 January 2019.
By placing a firm order, the Licensee expresses his consent to these Licence Terms and Conditions. The consent is also expressed by sending an order form or form for obtaining a limited trial version free of charge.