End-User License Agreement (EULA)
1. DEFINITIONS
Unless otherwise indicated, the following terms have the following meanings:
a) "The License Agreement" means this License Agreement with product specifications and written changes accepted by both parties.
b) "The Product specification" means the latest document detailing the Software licensed under this license agreement. The product specification will be fully incorporated into the content of this license agreement by reference to it. In this case, it is the current user documentation available to the public at https://support.flopsar.com website
c) "The Software" means a proprietary product/products which provide the Flopsar program together with its user documentation - available to the public at https://support.flopsar.com website
d) "The User documentation" means the User's manual of the Software available to the public at https://support.flopsar.com website. The Licensor shall ensure that changes to the user documentation will not lead to any restrictions, in particular functional or non-functional Software, in relation to the version for which the Licensee has obtained the license.
e) "The Subsidiary" means a company for which the Licensee is a parent company.
2. GRANTING OF LICENSE
a) The Licensor grants Licensee a paid, non-exclusive, transferable license under the terms of this Agreement, using the Software in accordance with the product specification only under the terms of this License Agreement.
The Software may be used only by the Licensee and for the benefit of the Licensee, to process Licensee's own data and entities for the purpose of their own internal operations in the following fields of use: using, displaying, transferring and storing regardless of format, system, or standard. The total number of possible simultaneous launches of Agents is specified in the Product Specification/order for this Agreement/and is equal to the number of Flopsar Java Agent licenses. Flopsar Java Agent licenses are not permanently associated with a physical or virtual machine and may be transferred by Licensee in any way to other machines.
The License to using the Software does not limit the Licensee's use of it in terms of the number of users or positions or the volume of data processed, unless it is due to the technical capabilities of the software. Technical limitations (if exists) are described in the product documentation.
The licensee may not use the Software to offer third parties data processing services unless: i) The Licensee will enter into a contract and pay fees related to the Flopsar Suite license regarding use for third parties, or ii) Flopsar Technology will otherwise allow such use in writing. The limitation referred to in this clause does not apply to entities entering together with the Licensee in the same capital group within the meaning of the Act on competition and consumer protection.
b) The Licensee is responsible for compliance with the terms and conditions of this Agreement by Entities to whom the Licensee has made available the Software.
c) At the request of Flopsar Technology, Licensee will confirm in writing all information about the use of the Software that Flopsar Technology may reasonably request, such as location, processing units on which the Software is installed, along with their ID numbers or names. The licensee will allow Flopsar Technology reasonable access to the systems to verify such information, unless such access violates the obligation to protect personal data processed by the licensee or other secrecy provided for by law.
d) The software may not under any circumstances be used outside the country for which the license was originally granted or transmitted outside the country.
e) Licensee has the right to authorize other entities to provide technical support for the Software, including by ordering service or administrative activities, with the reservation that such service will be aimed at handling the Orderer processes.
f) Flopsar Technology declares that the Software does not contain undocumented properties, hidden mechanisms that may be used to breach the security of the Licensee's information assets.
3. TERMS FOR INSTALLING THE SUBJECT OF THE LICENSE
a) Installation of Flopsar Server should be made on a single server or servers operating in an IT network in accordance with the terms of the Licensee's order, based on which the license file was generated.
b) Changing the order terms requires Flopsar Technology notification, via the address support@flopsar.com.
c) Flopsar Technology reserves the right to a maximum of three changes to the order terms within one calendar year. In justified cases, the number of admissible changes may be increased.
d) In the case of an open license (unlimited number of agents), point (c) shall not apply.
4. TITLE AND PROPERTY RIGHTS
a) Title and full ownership of the Software licensed under this Agreement, as well as any intellectual property rights related to it, relating to a patent, copyright, trademark, trade secret remain the property of Flopsar Technology or, where applicable, third party suppliers.
b) The Licensee acknowledges and agrees that the software is owned and protected by the trade secrets of Flopsar Technology.
c) The Licensee will not license, distribute, change, derivative works, reproduce the source code, decompile or otherwise construct the Software in any other way.
d) The Licensee will not perform or permit others to make copies or reproduce the Software in any form, except machine-readable copies intended solely for archival purposes and backup copies (backup). Such copies shall contain the same information and warnings of Flopsar Technology and shall be subject to the same conditions and limitations as the Software. At the Licensee's request, Flopsar Technology will provide him with additional copies of the user documentation in addition to the copies provided with the Software.
e) Notwithstanding the foregoing, the Licensee shall not be liable to Flopsar Technology for disclosing information which: i) are publicly known or will be made public without violating this Agreement; ii) were known to the Licensee prior to their receipt from Flopsar Technology, whereby the Licensee was not obliged to keep them confidential; iii) were developed independently by the Licensee without violating this Agreement; iv) were disclosed by the Licensee with the prior written consent of Flopsar technology; v) have been held by the Licensee in accordance with the law from a third party, without violation of any confidentiality agreements or obligations.
5. ASSIGNMENT AND TRANSFER
The Licensee will not assign or transfer this Agreement to the use of the Software or their rights or obligations under this Agreement without the prior written consent of Flopsar Technology. You may assign or transfer this Agreement for the use of the Software and your rights and obligations under this Agreement to affiliates subject to the written notice of Flopsar Technology.
6. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
a) In the case that you lodge an intellectual property claim against the Licensee in connection with the use of the Software in accordance with this Agreement, Flopsar Technology will cover any damages incurred by you and ensure that you will not suffer damages from such use, provided that the Licensee: i) immediately inform Flopsar Technology of such claim in writing; ii) allow Flopsar Technology to independently defend and/or resolve the dispute iii) provide Flopsar Technology with all reasonable assistance in defense and/or solving the dispute.
b) Flopsar is not responsible if the claim results from: i) any unlawful modification of the Software, use the Software in a manner different from the one allowed by this Agreement; ii) any patent filed after the date of signing this Agreement by the Licensee.
7. LIMITATION OF WARRANTY AND LIABILITY COMPLAINTS
Flopsar Technology guarantees and declares that: a) has the right to grant the license described in this Agreement; (b) at the time of delivery, the Software will operate in accordance with the in-house compliance with the software documentation of the user; (c) The Software media in normal use shall be free from defects in materials and workmanship for a period of ninety (90) days from the date of making the appropriate product specification;
8. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FLOPSAR TECHNOLOGY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
(A) EXCLUDING LIABILITY REFERRED TO IN ITEM 6, TOTAL RESPONSIBILITY OF FLOPSAR TECHNOLOGY, AS WELL AS THE ONLY COMPENSATION OF LICENSEE'S LOSSES FROM PROBABLE. ANY PRINCIPLES AND CONNECTIONS WITH THIS AGREEMENT OR CONSEQUENTIAL, WHETHER FOR ACTION (AGREEMENT, TORT, OR ANY OTHER ACTION), ARE LIMITED TO ONE THOUSAND US DOLLARS ($ 1000). (B) IN NO EVENT WILL FLOPSAR TECHNOLOGY BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE CONSEQUENTIAL DAMAGES, LOSS, OR DAMAGE TO DATA LICENSORS FOR ANY REASON, INCLUDING THOSE ABOUT LOSS OF REVENUE, PROFITS OR SAVINGS. FLOPSAR TECHNOLOGY WILL HAVE NO LIABILITY FOR ANY CLAIM, REQUEST OR ACTION, OF A CONTRACT, BUT NOT LITIGATED (INCLUDING NEGLIGENCE) OR ANY ACTION OF ANY THIRD PARTY AGAINST LICENSEE.
9. NO TECHNICAL SUPPORT
Unless Flopsar Technology support for the Program, if any, is expressly included in a separate, current support agreement between You and Flopsar Technology, the Flopsar Technology technical support division will not provide technical support.
10. BETTERING THE AGREEMENT
Either party may terminate this contract if the other party does not remedy the breach of contract within thirty (30) days from the date of the written notification and the infringement. Flopsar Technology can terminate the contract immediately because of breach of contract in the event of a violation of its intellectual property rights. All terms of this contract, which by their very nature go beyond the termination, including Chapters 4 and 8, remain in force. Upon termination of this agreement, Licensee will immediately destroy the Software or return it to Flopsar Technology and certify Flopsar Technology in writing that no copy of the Software is already in use.
11. CONFIDENTIALITY
The terms and conditions of this agreement, any of its product specifications, or any other information provided to you regarding the license and price of the Software may not be disclosed to any third party without the prior written consent of Flopsar Technology. In the event that such disclosure may be required by law, Licensee will notify Flopsar Technology in a reasonable advance so that Flopsar Technology can, if necessary, take appropriate action to prevent such disclosure.
12. NOTIFICATIONS
Notifications required under this agreement may be delivered in person or sent to the following addresses by courier, express letter, e-mail, prepaid by registered mail or a letter of acknowledgment of receipt. Each party may change its address for notifications, informing the other party in writing of such a change. To the Licensor: Licensor's address in the footer of the document. To the Licensee: Licensee's address specified in the order.
13. THIRD-PARTY TECHNOLOGY
The Software may contain or require the use of third party technology that is provided with the Software. Third-party technology will be licensed to the Licensee either under the terms of this Agreement or if specified in the User Documentation, readmes, or notice files, under Separate Terms.
14. THE LAW OF THE AGREEMENT AND THE GOVERNING LAW
This Agreement will be interpreted and enforced in accordance with Polish law. Any disputes arising out of or in connection with this license agreement shall be resolved exclusively by a common court in Warsaw, Poland.
15. GENERAL PROVISIONS
Lack of performance by any party of any right or claim for redress or a delay in its performance does not mean waiver of such right or remedy. Recognition of any of the provisions of this agreement as invalid does not imply the cancellation of the entire agreement; such a decision will be removed, and the rest of the contract remains in full force. All license agreements in the abridged version, placed in the packaging and distributed with the Software have no binding force, and the Software licensed in this agreement is subject to the terms and provisions of this agreement. All product specifications and changes in writing require the written approval of Flopsar Technology.
ENTIRE AGREEMENT AFTER READING THIS AGREEMENT, THE PARTIES AGREE TO BE BOUND BY ITS PRINCIPLES AND CONDITIONS. THIS AGREEMENT IS THE FULL AND ONLY RECORD OF AGREEMENT BETWEEN THE PARTIES AND MAKE THE EXPERIENCE RELATED TO ANY OF THE SOFTWARE, EARLY OR ONE OFFERS AND OTHER AGREEMENTS BETWEEN THE PARTIES, BOTH ORAL OR WRITTEN AS WELL AS ORDER OF THE TERMS AND CONDITIONS OF ANY PREVIOUS, PARENT, OR LATER ORDERS REGARDING THE PURCHASE SUBMITTED BY THE LICENSEE. THIS AGREEMENT MAY BE CONSIDERED UNDER ANY CONDITIONS OF ANY IDEAL LICENSE IN WRITTEN OR ELECTRONIC WRITING, INCLUDED IN ANY PACKAGE, ON ANY MEDIA OR AN ELECTRONIC VERSION OF THE SOFTWARE, SO THE LICENSE FOR ANY SOFTWARE IS PROVIDED ON THE TERMS OF THIS AGREEMENT. THIS AGREEMENT MAY BE CHANGED OR MODIFIED ONLY BY THE WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH PARTY. IN CASE OF DISCREPANCY BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE CONDITIONS FOR PRODUCT SPECIFICATION, THEIR TERRITORIES ARE CONDITIONS OF THE LATEST PRODUCT SPECIFICATION CONCERNING SOFTWARE.
Copyright (C) 2012-present Flopsar (R) Technology Sp. z o.o.
Flopsar Technology Sp. z o.o.
ul. Mokotowska 1
00-640 Warsaw
Poland