SOFTWARE LICENSE AGREEMENT Each User is required to read the following license terms and conditions carefully before downloading, installing or using the Software. The terms of this Agreement shall govern the use of the Software. By downloading, installing or using the Software, the User confirms his understanding and acceptance of this Agreement and all of its provisions. Codete reserves all rights not granted expressly to the User.
I. DEFINITIONS
Software – QA computer program provided in accordance with the provisions of this Agreement, including Updates; Updates – means collectively: bug fixes, extensions, new releases, new versions, modifications, corrections or upgrades of the Software, to the extent provided to the User by Codete; Agreement – means this Software License Agreement; User – means a person to which Codete grants a license to use the Software according to the Agreement; Codete – means Codete sp. z o. o. sp. k. with its registered office in Cracow, Poland, 7 Olszańska Street, entered into the Enterpreneurs’ Register of the National Court Register (KRS) held by the District Court for Kraków-Śródmieście in Cracow, XI Commercial Division, under number 0000696869, NIP 6762460401, REGON: 122745429.
II. LICENSING
1. Codete grants the User a royalty-free, limited, non-exclusive and non-transferable license to use the Software.
2. Any Updates shall be deemed to be a part of the Software. The use of the Updates is governed by this Agreement, unless otherwise provided in the terms and conditions accompanying such Updates.
III. THE SCOPE OF THE LICENSE
The Software is provided to the User free of charge, for an indefinite period of time, to use on the territory of Poland or any other country in the following scope: 1) the User may use the Software for his own or third party’s needs, regardless whether or not related to conducting business activity; 2) the Software can be installed on an unlimited number of servers; 3) the license does not include the right to any use or disposal connected with a demand for payment for the Software from third parties; this does not exclude e.g. a demand for payment for own software tested with the use of the Software; 4) Codete may audit the use of the Software by the User in terms of its compliance with the provisions of the Agreement and the intended use of the Software.
IV. INTELLECTUAL PROPERTY RIGHTS
1. Codete retains all title and intellectual property rights to the Software.
2. Granting the User the license under this Agreement shall in no case be equated with the transfer of the proprietary copyrights to the Software.
3. No license on trademarks, logos, service marks or other Codete’s marks is granted to the User under this Agreement.
V. LIABILITY
1. Codete shall not be liable for suitability of the Software for the purposes intended by the User.
2. As the software is shared free of charge, Codete shall not be responsible for malfunctions of the Software and any consequences caused by the modifications of the Software made by the User or third parties.
3. Codete shall not be responsible for lack of operation of the Software on a particular computer (server) of the User, including any disturbances or interruptions in the functionality of the Software caused by hardware differences, network connections setup or personalization of the system and programming environment of the User. Codete does not guarantee, that the Software will operate continuously, error-free or uninterrupted.
4. Codete shall not be responsible for the User being unable to functionally use the Software in whole due to any Update.
5. Notwithstanding any of the provisions above, Codete’s liability cannot be limited if it would contrary to applicable laws.
VI. DURATION AND LICENSE CHANGES
1. License granted under this Agreement shall be effective from the date of download of the Software by the User.
2. This Agreement is made for indefinite period of time.
3. Codete reserves the right, at its sole discretion, to change, update or modify the Agreement. Changes in the Agreement shall be effective upon prior notice to the User on the intention of implementation of the changes, which shall be made no later than 14 days prior to their effective date. The User shall have the right to object to the proposed changes. If the User does not object within 7 days from the date of the notice, the User shall be deemed to have agreed to such changes. By submitting an objection, the User terminates this license, effective from the date of the change.
4. Codete shall have the right to terminate the Agreement with immediate effect if the User violates the license terms and conditions described in this Agreement. If User terminates this Agreement, User shall immediately cease using the Software, uninstall installed versions of the Software and permanently remove all remaining copies at User’s disposal.
VII. FINAL PROVISIONS
1. This Agreement is binding between the Parties wit the reservation of the provisions which would prove to be contrary to the binding laws applicable to the relation between Codete and the User which cannot be changes by the Parties.
2. If any provision of this Agreement is invalid or ineffective, it shall not affect the validity of the Agreement in the remaining part, and in place of the excluded provisions, the general principles of applicable law shall apply.
3. If such choice is not contrary to the applicable laws, Polish law will apply to this Agreement and relation between the Parties.
4. If such choice is not contrary to the applicable laws, the Parties choose the jurisdiction of the Polish courts of the seat of Codete.