LICENSE

License Agreement for the Fotillo and FotilloStart Software (EULA)

Before installing or launching the Fotillo and FotilloStart programs, please read this License Agreement. Installing, launching or using the Software constitutes conclusion of the agreement and acceptance of its provisions. If the User does not accept the agreement, they may not use the Software and should delete all of its copies from their storage media.

§1 Definitions

  1. Software – the Fotillo and FotilloStart programs together with add-ons, sample graphic materials, documentation and any updates and supplements provided to the Licensee by the Licensor, unless covered by a separate agreement.
  2. Licensor – the producer of the Software: Tomasz Mróz and Justyna Mróz, conducting business activity as the civil-law partnership ViewPro s.c. T. Mróz, J. Mróz, ul. Skoroszewska 2B/34, 02-495 Warszawa, Poland, NIP (tax ID) 5223019335, REGON 147452308, e-mail: contact@fotillo.com.
  3. Licensee (User) – a natural person, legal person or organizational unit using the Software under this agreement.
  4. Device – any device or solution in which the Licensee uses the Software, in particular a photo booth, photo kiosk or other self-service device; the catalogue of applications of the Software is open.
  5. Workstation – a single computer identified by the hardware ID number on which the Software has been activated.
  6. Subscription – a paid service providing access to technical support and to automatic and manual updates of the Software.
  7. Additional License – a paid license for access to additional functions of the Software, in particular the internet function enabling the transfer and sharing of photos within the Fotillo Cloud service.
  8. Fotillo Cloud – a service provided by electronic means under the terms set out in the Fotillo Cloud Terms of Service together with Annex 1 (Data Processing Agreement, DPA), available on the Licensor’s websites.
  9. Consumer – a natural person concluding an agreement for purposes not directly related to their business or professional activity; provisions concerning the Consumer also apply to a natural person concluding an agreement directly related to their business activity where the agreement is not of a professional nature for that person.

§2 Conclusion of the Agreement and Subject of the License

  1. The agreement is concluded between the Licensee and the Licensor upon acceptance of its provisions, and at the latest upon installation or launch of the Software.
  2. The Licensor grants the Licensee a non-exclusive license to install and use the Software in accordance with its intended purpose, its documentation and the terms of this agreement.
  3. The Software is licensed, not sold. All rights not expressly granted in this agreement remain with the Licensor.
  4. The Software may be installed on multiple computers; however, the full functionality covered by an activation code is assigned to a single Workstation. Using the full functionality on further Workstations requires separate activation codes.
  5. The license is granted for an indefinite period.
  6. In the event of a material breach of the terms of the agreement by the Licensee, in particular a breach of §4, the Licensor may terminate the license after an ineffective demand to cease the breaches, and in the case of gross breaches with immediate effect. Upon expiry of the license, the Licensee loses the right to use the Software and is obliged to delete all of its copies. Expiry of the license for reasons attributable to the Licensee does not entitle the Licensee to a refund of fees.

§3 Activation

  1. A single license includes one unique activation code, generated on the basis of the Token number and the hardware ID visible after launching the Software. The code can be used only once.
  2. After entering the code, the Licensee obtains the ability to make 700, 1400 or 2800 prints respectively. Further codes can be purchased at the prices indicated in the price list or on the websites www.viewpro.pl and www.fotillo.com.
  3. Activation assigns the Software to the Workstation on which it was performed. It is not possible to transfer unused prints to another Workstation; using the Software on another computer generates a new hardware ID requiring a separate code.
  4. Interference with the configuration of the Software or its auxiliary files may result in the need to enter a reset code. The previous activation code will not be accepted again, and the generation of a new code is subject to a fee in accordance with the price list. Any change of the Token number or hardware ID requires a new reset code generated by the Licensor.

§4 Scope of Permitted Use and Restrictions

  1. The Licensee may create copies of the Software solely to the extent necessary for installation and as backup copies. Each copy must include the copyright and license information.
  2. It is prohibited to distribute the Software, to lend, lease, rent or sell it, or to make it available to third parties, except in cases expressly permitted in this agreement.
  3. It is prohibited to modify, adapt or change the manner of operation of the Software, to reverse engineer its source code, to decompile or disassemble it, or to extend the functionality of the Software. These prohibitions do not exclude the rights vested in the Licensee under mandatory provisions of law, in particular Article 75(2) and (3) of the Polish Act on Copyright and Related Rights, within the limits set out therein.
  4. The Software, including its code, interface, documentation and graphic materials, is the subject of the Licensor’s copyright and is protected under the Act on Copyright and Related Rights (Article 74 et seq.). Sample materials supplied with the Software are intended solely for use with the Software. The names Fotillo and FotilloStart and the Licensor’s designations may not be used without the Licensor’s consent for purposes other than use of the Software in accordance with this agreement.
  5. It is prohibited to remove, cover or circumvent the technical protection measures of the Software, in particular the activation and licensing mechanisms and the “DEMO” watermark, and to remove copyright information from the Software and its copies.
  6. A breach of the rules of using the Software may give rise to liability provided for in the provisions of copyright law and the Civil Code, including the claims set out in Article 79 of the Act on Copyright and Related Rights: for cessation of the infringement, removal of its effects, compensation for the damage caused, and surrender of the benefits obtained.

§5 Demonstration and Free Versions

  1. The DEMO version of the Software can be downloaded free of charge from the Licensor’s websites. The functionality of the DEMO version is not limited, and a “DEMO” caption is placed on every photo.
  2. Use of the internet function in the DEMO version is governed by the Fotillo Cloud Terms of Service together with the DPA, on the terms set out in §6 of this agreement.
  3. The Licensor also offers a free version, for which a code is generated upon the purchase of printer paper. This version does not include technical support and works exclusively with Citizen and DNP printers.
  4. The full version enables a change of printer and access to all functions, including the internet function. Round-the-clock (24/7) technical support is available for an additional fee.

§6 Internet Function and Fotillo Cloud

  1. Use of the internet function (Additional License) is governed by the Fotillo Cloud Terms of Service together with the DPA, accepted in accordance with those terms.
  2. A Licensee using the internet function is an Operator within the meaning of the Fotillo Cloud Terms of Service and the controller of the personal data of End Users, including their images. The Licensor processes such data solely as a processor, on the basis of the DPA. The Licensee’s obligations as a controller, including obtaining consents for the dissemination of images and fulfilling information obligations, are set out in §5 of the Fotillo Cloud Terms of Service.
  3. The Licensee may direct the transfer of photos to their own server (the SharingURL parameter). In such a case, the photos do not reach the Licensor’s infrastructure and the Licensor does not process them.
  4. The Licensee may at any time resign from using the internet function; resignation does not entitle the Licensee to a refund of the license fee.

§7 Update and Technical Support Subscription

  1. Upon activation of the Software, the Licensee receives a Subscription for a period of 1 month from the date of the most recent activation.
  2. The Subscription may be renewed for a further year for a fee indicated by the Licensor. The renewal runs from the day following the expiry of the most recent Subscription, and not from the date of purchase of the renewal.
  3. During the Subscription period, technical support consists in answering questions related to the Software, submitted to contact@fotillo.com. The Licensor does not guarantee the resolution of every technical problem.
  4. Technical support is provided on business days between 9:00 and 16:00 CET. Licensees who have purchased additional support receive a direct telephone number with round-the-clock (24/7) service.
  5. Outside the Subscription period, the Licensee may submit comments and suggestions to contact@fotillo.com; however, the Licensor is not obliged to respond or react.

§8 Transfer of the License and Distribution on Devices

  1. The Licensee may transfer all rights under the license to another natural or legal person provided that all of the following requirements are met jointly:
    1. transfer to the acquirer of this agreement, the hardware ID number and the Software together with all extensions, updates and earlier versions,
    2. handing over to the acquirer all copies, including backup copies, and deleting the copies remaining with the transferor,
    3. acceptance by the acquirer of the terms of this agreement and of the rules under which the license was acquired.
  2. The Licensee shall notify the Licensor of the intended transfer in writing or by e-mail before the transfer is made.
  3. A Licensee who installs the Software on Devices intended for further sale (a producer or integrator of Devices) is obliged to:
    1. inform the acquirer of the Device, at the latest upon its sale, that use of the Software is governed by this agreement, and use of the internet function by the Fotillo Cloud Terms of Service together with the DPA,
    2. provide the acquirer with the content of these documents or the addresses of the websites where they are available,
    3. refrain from removing, circumventing or confirming on the acquirer’s behalf the document acceptance mechanisms in the Software.
  4. With respect to producers and integrators fulfilling the obligations under point 3, the notification requirement under point 2 does not apply to Devices with the Software installed that are sold in the course of their business.
  5. The acquirer of a Device concludes a license agreement with the Licensor at the latest upon the first launch of the Software, and becomes an Operator within the meaning of the Fotillo Cloud Terms of Service upon acceptance of those terms together with the DPA or upon commencing use of the internet function.
  6. Until the documents are accepted by the acquirer of the Device, the rights and obligations of the Operator, including those arising from the DPA, are exercised by the transferor. The transferor is liable towards the Licensor for damage resulting from failure to fulfil the obligations indicated in point 3.

§9 Suggestions and Comments

  1. The Licensee may submit to the Licensor comments concerning failures, errors and defective operation of the Software, as well as suggestions for new features and functions, to contact@fotillo.com.
  2. With respect to the submitted comments and suggestions, the Licensee grants the Licensor a free-of-charge, irrevocable and perpetual right to use them, including implementing them in the Software, without any obligation to pay remuneration or to indicate authorship.

§10 Warranty and Liability

  1. The Licensor warrants that the medium on which the Software was delivered is free from material and manufacturing defects.
  2. With respect to Licensees who are entrepreneurs other than Consumers: the Software is made available “as is”, without any warranties, express or implied; the Licensor’s liability under statutory warranty is excluded to the fullest extent permitted, and the Licensor’s liability for damages is limited to actual loss and to the amount paid by the Licensee for the most recently purchased activation code, covering no more than 2800 prints, excluding damage caused intentionally. In particular, the Licensor is not liable for economic losses, loss of data or interruption of work resulting from the use of the Software.
  3. With respect to Consumers, the Licensor is liable for the conformity of the Software (digital content) with the contract on the terms set out in the Polish Act of 30 May 2014 on Consumer Rights. The provisions of point 2 do not apply to Consumers to the extent that they are contrary to mandatory provisions of law.
  4. The Licensor does not warrant that the functions of the Software will meet the Licensee’s individual expectations going beyond the description and documentation of the Software.

§11 Personal Data Protection

  1. The controller of the Licensee’s personal data processed in connection with the conclusion and performance of this agreement, including data relating to activation, the Subscription and technical support, is the Licensor. The processing rules are set out in the Privacy Policy available on the Licensor’s websites.
  2. The rules for processing the personal data of End Users in connection with the internet function are set out in the Fotillo Cloud Terms of Service and the DPA (§6 of this agreement).

§12 Amendments to the Agreement

  1. The Licensor may amend this agreement for important reasons, in particular changes in the law, changes in the functionality of the Software or security considerations. The Licensor informs about amendments with appropriate advance notice, in particular on the Licensor’s websites or in the Software.
  2. Continued use of the Software after the amendments enter into force constitutes their acceptance. A Licensee who does not accept the amendments should cease using the Software; the amendments do not deprive the Licensee of rights already acquired, in particular paid-for and unused prints.

§13 Final Provisions

  1. In matters not regulated herein, the provisions of Polish law apply, in particular the Civil Code, the Act on Copyright and Related Rights and the Act on Consumer Rights.
  2. Any amendments and supplements to the agreement require documentary form under pain of nullity, subject to the procedure set out in §12.
  3. Disputes with Licensees who are entrepreneurs other than Consumers shall be resolved by the court having jurisdiction over the Licensor’s registered office. Disputes with Consumers shall be resolved by the court having jurisdiction under general rules.
  4. If the performance of the agreement becomes impossible or materially impeded as a result of force majeure, the party affected by such circumstances is released from performance of the agreement in proportion to the degree of the impediment, after promptly notifying the other party, and shall make efforts to remove the impediment and resume performance of the agreement.
  5. The invalidity or ineffectiveness of an individual provision does not affect the remaining part of the agreement.
  6. Only the Polish-language version of this agreement is binding. Versions in other languages, including English, are for information purposes only.

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