LICENSE AGREEMENT
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CAUTION! PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE STARTING THE “Fotillo” AND “FotilloStart” SOFTWARE. THE USE OF THE PRODUCT IN WHOLE OR ITS PART EQUALS CONFIRMING THE AGREEMENT AND AGREING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. ACCEPTING THE TERMS AND CONDITIONS OF THE AGREMENT IS EQUIVALENT WITH ITS CONCLUSION. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE. IN THIS EVENT, THE USER SHOULD RETURN THE UNUSED PRODUCT TO THE SELLER AND DELETE ALL COPIES FROM THE STORAGE MEDIA.
§ 1. DEFINITIONS:
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- “Software” means all files to which this agreement is attached, including the “Fotillo” and “FotilloStart” Software, sample or ready photos, graphics and other works bundled with the Software, related instructions and materials, both printed and in file form (“Documentation”) and means any updates and additions to such information provided to the User by ViewPro s.c. at any time, unless they are covered by a separate agreement (collectively referred to as “Updates”).
- “Subscription for Updates and Support” means a paid service that gives you access to technical support and the ability to perform both automatic and manual updates of the Software.
- “ViewPro s.c.” means the producer of the Software, i.e. the company: ViewPro sc T.Mróz, J. Mróz, NIP: 522-301-93-35, REGON: 147452308, located at Skoroszewska 2B / 34, 02-495 Warsaw
§ 2. PROVISIONS OF THE AGREEMENT:
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1. This License Agreement is an agreement concluded between the User (natural or legal person) and the company ViewPro s.c.
2. Software license. As long as the User meets the conditions described in this License Agreement (hereinafter referred to as the “Agreement”), ViewPro s.c. grants him the non-exclusive right to install and use the Software in a manner consistent with its intended use and documentation and under the conditions described below.
3. The software is licensed, not sold. ViewPro permits the User to copy, download, install and use the Software only in accordance with the terms of this Agreement.
4. The software may be used in the User’s workspace for one workstation (one computer).
4.1. A single license comes with one unique activation code to be used in the Software activation process, which is generated on the basis of the hardware ID and can only be used once. The activation code is generated based on the hardware ID number that is visible after starting the Software. After entering the code, the user can print respectively 700, 1400 or 2800 copies in the program. After entering the code, the user can print respectively 700, 1400 or 2800 copies in the program. Each subsequent code can be purchased at the prices given in the price list or on the websites www.viewpro.pl and www.fotillo.com
4.1.1. In case of interference with the program configuration or auxiliary files, the user may be asked to enter the reset code. The previously generated activation code will not be accepted again and a fee will be charged for generating a new code.
4.1.2. ViewPro s.c. has no obligation or responsibility to generate a new activation code. Therefore, the User fully accepts the cose loss. Thus, the activation code must be re-purchased from ViewPro.
4.2. After purchasing the Software, the User is obliged to activate it, which will result in the Software working in the basic version. Software activation is a mandatory requirement. By activating, the purchased Software is assigned to the computer on which it was activated. CAUTION! ACTIVATION CAUSES CONNECTION OF THE SOFTWARE TO THE STATION ON WHICH IT WAS ACTIVATED. ONE LICENSE MAY BE ACTIVE ON MULTIPLE COMPUTERS, BUT THE ACTIVATION CODE WILL BE DIFFERENT FOR EACH COMPUTER AND USER. Each activation on a different computer or user of Windows will generate a unique hardware identification number.
4.3. It is not possible to transfer unused copies to another computer station. Each use of the program on a different computer generates a new hardware identification number, on the basis of which an individual activation code is generated.
5. The User is provided with a lifetime subscription for updates and technical support for a period of 1 month from the date of the last activation of the Software.
5.1. During the Subscription period, ViewPro s.c. gives the possibility to perform both automatic and manual updates (downloading updates) of the Software, but without guaranteeing any frequency of updates.
5.2. The Licensee may comment on the Software, including comments on failures, errors or other examples of malfunctions of the Software and suggestions for additional features and functions or their changes – via e-mail: contact@fotillo.com. During the Subscription period, the Licensor provides technical support consisting in answering the questions provided in the specified manner and closely related to the Software. The Licensor does not guarantee to solve every technical problem that arises in connection with the use of the Software.
5.3. If the subscriprion for updates and technical support is not active, the Licensee may still comment on the Software, including comments on failures, errors or other examples of malfunctions of the Software and suggestions for additional features and functions or their changes – via e-mail: contact@fotillo.com. At the same time, the Licensor is not obliged to respond to or react on any comments or suggestions.
5.4. The Licensee, upon the comments and suggestions made to the Software, grants the Licensor an uninterrupted, irrevocable, royalty-free right to use and license (if applicable).
5.5. Technical support is provided only on business days and from 8am to 4pm.
6. The User may at any time renew the Subscription for updates and technical support for the next 1 year for the fee indicated by ViewPro s.c. (renewal of the Subscription for updates and technical support is optional, because each license is perpetual – the product will not stop working, unless the version installed was realesaed after the subscription has expired). RENEWAL OF SUBSCRIPTION FOR UPDATES AND TECHNICAL SUPPORT FOR THE PERIOD OF THE NEXT YEAR IS ALWAYS FROM THE DAY AFTER THE LAST UPDATE AND SUPPORT SUBSCRIPTION EXPIRES, NOT FROM THE DATE OF THE NEXT SUBSCRIPTION AND SUPPORT IS PUCHASED!
7. Distribution of copies of the Software is PROHIBITED. You can only make copies in the amount necessary to install the Software and make a backup copy (archiving). All copies made must be accompanied by a copyright and license notice. Your rights under this License will automatically terminate if you exceed any of the terms of this Agreement. In this case, the User is obliged to destroy all copies of the Software in his possession.
8. You may not use, copy, modify or transfer the Software beyond the terms of this Agreement. The User may not modify or adapt the Software. You may not recreate the source code, decompile, disassemble or use any other method of discovering the source code of the Software. The User undertakes not to increase the functionality of the Software.
9. No selling. YOU MUST NOT LEND, LEASE, SELL, OR TRANSFER YOUR RIGHTS TO THE SOFTWARE, OR ALLOW COPYING OF ANY PART OF THE SOFTWARE ON ANY COMPUTER OWNED BY ANOTHER PERSON, NATURAL OR LEGAL, EXCLUDING SITUATIONS WHEN IT IS CLEARLY ALLOWED IN THIS AGREEMENT. However, the User may transfer all of the User’s rights to the Software to another natural or legal person, provided that: (a) he simultaneously transfers to such person this agreement, hardware identification number, CDs with the Software together with all copies, extensions, upgrades and previous versions; (b) he delivers all extensions, updates and copies, including backups and copies stored on the Computer; and (c) the receiving party accepts the terms of this agreement and of any other terms and conditions which are the basis of pruchasing a valid license to the Software. Before the transfer, the User must notify ViewPro s.c. in writing (e.g. via e-mail)
10. The Licensor guarantees that the medium on which the Software is delivered is free from material defects as well as manufacturing defects. All Software is deemed “as it is” – without warranty of any kind – either expressed or implied. The Licensor is not responsible for any economic losses, data loss, work stoppage or other consequences resulting from the use of the Software. The entire risk as to the quality and usefulness of the Software rests with the User. In the event that the Software proves to be defective, the User bears the costs of the necessary repairs or corrections. ViewPro s.c. does not guarantee that the functions of the Software will meet the User’s requirements or that its operation will be error-free, and that any detected defects in the Software will be removed in the future. ViewPro s.c. is also not responsible for any non-compliance of the documentation with the Software and this also applies to non-compliance with the Software specifications (in particular in the context of the described functionality and performance). The Documentation is material intended only to support the Software, and all information contained therein is general in nature and may, in some cases, differ slightly from reality. Slight deviations in the functioning of the Software in relation to the documentation are not grounds for claiming the warranty.
11. The total liability of ViewPro s.c. and its affiliates is limited, at ViewPro s.c.’s discretion, to the replacement of the Software or the reimbursement of the license fee paid for the last activation code, and these will be the only legal measures available to the User in those circumstances.
12. The warranties described in the Agreement, whether expressed or implied, may not be governed by certain jurisdictions, so the above limited warranty may not apply to the certain User. If any of the above is not acceptable, please do not use the Software.
13. ViewPro s.c. makes every effort to ensure that the Software meets all the User’s requirements, is of the highest quality and free from defects. All errors detected by the User should be reported to ViewPro s.c., as they will be taken into account when planning future versions or updates of the Software. At the same time, we cannot guarantee that future versions will be completely error-free. It is possible to contect ViewPro s.c. via e-mail to the following address: contact@fotillo.com
14. If compliance with this Agreement or any obligations becomes impeded or limited by force majeure, acts of government, public authorities or government agencies, fires, floods, eruptions and other disasters, war, invasion, social unrest or other violence, and any other actions or conditions that are beyond the control of either Party, the Party concerned will be relieved of this Agreement without delay in notifying the other in proportion to the degree of the restriction; provided, however, that the Party uses its best efforts to avoid, eliminate and limit the causes of non-performance, and continues to perform the Agreement immediately after the causes of non-compliance are eliminated.
§ 3. FINAL PROVISIONS:
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1. In matters not covered by the provisions of this Agreement, the relevant provisions of the Civil Code as well as copyright and related rights shall apply.
2. Any changes and additions to this contract must be made in writing, otherwise being null and void.
3. Any disputes between entrepreneurs that may arise from this agreement shall be submitted to the jurisdiction of the court having jurisdiction over the licensor.