By implementation or using of this software you explore your agreement with following licence terms
Compay: Denevy s.r.o.
Headquorters: Ocelářská 35/1354, Praha 9 – Libeň, 190 00
Person who has dealings: Andrej Hyben
Phone number: + 420 774 494 633
(dále jako „Provider“)
(Provider and Acquirer further together like „contact sides“ induvidually like „contact side“)
Contract sides arrange following:
1.1 By this document „Subject of license“ means Test case managment tool called JunoOne. Author and distributor of this tool is Provider.
1.2 Subject of license is closer described in attachment of this contract.
2.1 Provider provides to Acquirer exclusive license to Subject of license, without territorial restrictions and for indefinite period (further as „License“)
2.2 License is provided to every functional versions and individual moduls of Subject of license.
2.3 License is imparted for all ways of using.
2.4 Acquirer has no rights to impart sublicenses to third person.
2.5 Acquirer has no right hand over license without Provider`s agreement.
2.6 Provider declares, that he dispose of all rights consequential from intellectual property to provide higher mentioned License, including a rights mentioned in this article.
2.7 Provider reserves rights for changes of License terms and change of Subject of license.
3 Duration of the contract
3.1 This contract is valid for duration of license by article 2 in this Contract.
4 Reward for Licence
4.1 Contract sides arrange, that Provider provides License to Acquirer for a reward.
4.2 Reward could be different and depens on number of Licenses and way of providing.
4.3 Acquirer obligates to pay Acquirer agreed reward, which is mentioned in binding order.
4.4 Providing Subject of license by cloud solution – reward depens on number of users.
Up to 5 users: 250 CZK/user/month
Over 5 users: 125 CZK/user/month
4.5 Providing Subject of license on premise – reward is indvidually set up according to price offer which was created based on requirements of costumer.
5 Payment terms
5.1 Acquirer obligates to pay Reward or part of Reward by bank transfer to bank account IBAN ?, kept by Fio Banka a.s.
5.2 Terms of payment when is Subject of licence provided like a cloud solution:
Acquirer obligates to pay for number of Licenses mentioned in order
Acquirer has option to pay monthly or yearly, frequency of payment has to be stated in order
5.3 Terms of payment when is Subject of license provided on premise
Payment is paid just once
Due date of invoice is stated in order
5.4 About payment Reward or part of reward will be written and signed document about handover (or other document confirming payment of reward)
Reward is paid in case that agreed amount is ascribed to Provider`s bank account.
6 Related services
6.1 Provider provides following paid consulting activities, maintenance of other technical services related with provided licence according to this contract:
6.1.1 Work of programátor or other Provider`s employee trought remote support is 800 CZK for every started hour.
6.2 Financial amounts are stated without DPH.
6.3 Services which were provided based on this article will be provide by Provider individually. For purposes other articles in this contract are financial amounts considered like a part of Reward.
7 Contractual fine
7.1 In case of Acquirer`s delay with payment or part of payment according to article 5 in this contract is Acquirer compulsory pay to Provider contractual fine in the heigh 0,5 of owed amount for every day in delay until full payment.
8.1 Contract sides have rights to terminate this Contract from any reason or without reason.
8.2 Termination is valid immediately after deliver by written or electronic form to second side.
8.3 If Acquirer want to get back all data which inserted into tool is compulsory to request this data written or electronic form. At the latest up to 30 days from stopping of providing tool.
If Acquirer won`t ask for this data, Provider isn`t compulsory to keep or provide this data after expiry of this deadline.
9.1 Acquirer has right to abdicate in case:
9.1.1 Provider is in liquidation or Provider`s property will be in bankruptcy or suggest of bankruptcy will be rejected because of lack of property or provider disappear without liquidation or judgment will declares decline of Provider or Provider will have an insolvency.
9.1.2 Provider`s declaration in article 2 shows like untrue.
9.2 Provider as right to abdicate in case:
9.2.1 Acquirer is in delay with payment of Reward ot part of Reward for more than 30 days.
9.2.2 Acquirer is in liquidation or Acquirer `s property will be in bankruptcy or suggest of bankruptcy will be rejected because of lack of property or provider disappear without liquidation or judgment will declares decline of Acquirer or Acquirer will have an insolvency.
9.2.3 Acquirer violates terms of License stated in article 2 in this contract .
9.3 Withdrawal is valid by delivering written notification to secodn side.
10 Applicable law
10.1 This contract obeys Czech republic rule of law , especially establishment § 2358 foll. law č. 89/2012 Collection, civil code, as amended.
11 Final provisions
11.1 In this Contract, i fit doesn`t sound other way in context, meaning of word in a single number includes in the same time meaning of this word also in the plural and on the contrary. Meaning of word expressing certain genus includes also other genuses.
Titles are witten for clarity and have no influence for meaning of this Contract.
11.2 Nevymahatelnost či neplatnost kteréhokoliv ustanovení této Smlouvy nemá vliv na vymahatelnost či platnost zbývajících ustanovení této Smlouvy, pokud z povahy nebo obsahu takového ustanovení nevyplývá, že nemůže být odděleno od ostatního obsahu této Smlouvy.
11.3 Tato Smlouva představuje úplné ujednání mezi Smluvními stranami ve vztahu k předmětu této Smlouvy a nahrazuje veškerá předchozí ujednání ohledně předmětu této Smlouvy.
11.4 Tato Smlouva může být změněna písemnými dodatky podepsanými všemi Smluvními stranami.
11.5 Tato Smlouva je vyhotovena v 2 stejnopisech. Každá Smluvní strana obdrží 1 stejnopis této Smlouvy.
11.6 Každá ze Smluvních stran nese své vlastní náklady vzniklé v důsledku uzavírání této Smlouvy.
11.7 Tato Smlouva nabývá platnosti a účinnosti v okamžiku jejího podpisu všemi Smluvními stranami.
11.8 Smluvní strany si tuto Smlouvu přečetly, souhlasí s jejím obsahem a prohlašují, že je ujednána svobodně.