End-User License Agreement for SharpSetup
End User License Agreement for SharpSetup (referred to as EULA) is an agreement between Licensee (either a natural person or an entity) and SharpSetup Systems - Tomasz Grobelny (registered office: os. Avia 6/17, 31-877 Kraków, Poland; tax identification number: PL6782917370; name, address and tax id valid as of 1st August 2014, up to date information may be found on Licensor's website (http://sharpsetup.eu/) and appropriate governmental registries), referred together jointly as Parties, for the SharpSetup Software Product which may include associated software components, media, printed materials, and online or electronic documentation (referred to as Software Product). By installing, copying or otherwise using the Software Product, Licensee agrees to be bound by the terms of this EULA. If the Licensee does not agree to the terms of this EULA, they should not install or use the Software Product.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. By this EULA Licensee acquires solely the license to use the Software Product under terms and conditions set forth herein and they do not acquire a copy of the Software Product, which is regulated by a relevant contract with the Licensor or Licensor’s authorized reseller.
Without prejudice to the previous paragraph, whenever the EULA uses the term “license” it shall also mean a copy of Software Product.
The Software Product is designed to foster Licensee’s commercial or professional activities relating to creating, developing and testing software.
1. GRANT OF LICENSE
(a) Scope of license.
The Software Product is licensed 'per user' which means that the Software Product may be installed and used according to the provisions set forth herein on unlimited number of devices by a single User. The license is worldwide, non-exclusive and is not time limited. By the term “User” the Parties understand either the Licensee or a natural person authorized by the Licensee to use the Software Product in their name, on their behalf and with a result to the Licensee (eg. the Licensee’s employee).
(b) Types of licenses.
The license assigned to Licensee may be one of three types:
1. Commercial License. This type of license may be used for the purposes not enumerated by the points 2 and 3 hereunder, including but not limited to the purpose of creating installers for merchandised software. This type of license is granted on condition that and as of the date of paying royalties and/or other fees established by Licensor or one of Licensor’s authorized resellers.
2. Evaluation License. This type of license may by used by the Licensee solely for the purpose of testing functionalities of the Software Product. Licensee may use this license free of charge provided they observe the terms and conditions set forth in this point. Software Installer distribution restrictions apply.
3. Free License. This type of license may be used only if the project for which the Software Product is being used is covered by one of the licenses approved by The Open Source Initiative (http://opensource.org/) or the project is listed on Licensor’s website as having the right to use this type of license. This type of license is free of charge, provided the Licensee observes the terms and conditions set forth in this point.
(c) License type fallback.
In case Licensee cannot prove that Licensee is entitled to use either Free or Evaluation license, pursuant to points 2 and 3 hereabove, it is assumed that Commercial License should be used.
(d) Backup Copies.
Licensee may make copies of the Software Product as may be necessary for backup and archival purposes.
(e) Multiple licenses.
Multiple licenses may be assigned to the Licensor and/ or User without the need for multiple installations. Eg. one can have a Free License for project A, Free License for project B and an Evaluation License for project C.
2. SOFTWARE INSTALLER DISTRIBUTION
(a) Any results of the use of the Software Product (including, but not limited to, computer files) are referred to as Software Installer.
(b) If all Users working on a Software Installer’s source code are using Commercial License then the Software Installer may be distributed.
(c) If any User working on Software Installer’s source code is using Evaluation License then Licensee may distribute the Software Installer provided that Licensee ensures that the recipient of Software Installer has the Software Product installed on one of their devices and is entitled to use it pursuant to the provisions hereof.
(d) If Licensee is using Free License it may distribute Software Installer only if all of the following conditions are met:
1. Software Installer clearly states name of the project for which the license was granted as originator of the product being installed;
2. the whole source code of the project for which the license was granted is covered by The Open Source Initiative approved licenses or the project has been granted a Free License explicitly on Licensor's website;
3. Software Installer installs only components produced as part of given project and (at Licensee's option) any prerequisite components coming from third parties.
(e) Without prejudice to point (f) hereunder, the Licensor acquires neither ownership nor any right or title to the Software Installer.
(f) Software Installer may contain certain parts of Software Product. These parts (referred to as Redistributable Components) may be distributed only as part of Software Installer.
(g) Software Installer (including Redistributable Components) may be distributed without additional runtime licenses or fees.
(h) Without obtaining license for Software Product Redistributable Components may not be used by any software other than Licensee's Software Installer. In particular, Redistributable Components may not be used for development work by Users not having license for Software Product.
(i) Licensor will grant license to use Redistributable Components for the purpose of running Software Installer in a separate agreement that will be available on Licensor's website.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices.
Licensee must not remove or alter any copyright notices on any and all copies of the Software Product including but not limited to Redistributable Components.
Licensee may distribute unregistered copies of the Software Product provided that any recipient of such copy is clearly informed about types of available licenses prior to obtaining the copy. Any version of the Software Product that is available for download from Licensor's websites may be considered an unregistered copy.
Licensee may not distribute registered copies of the Software Product to third parties or other Users. A registered copy is any copy that is associated with product key.
Licensee may not rent, lease, or lend the Software Product.
(d) Support Services.
Licensor may provide Licensee with support services related to the Software Product (referred to as Support Services) pursuant to separate agreement between the Parties. Any addition, alteration or supplementation of the Software Product provided to Licensee as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
(e) Minor upgrades.
Licensee is entitled to free upgrades to bugfix releases of the Software Product for as long as this EULA is effective. Bugfix release is any release of the Software Product for which version number differs only in the third or fourth part from the version number of any major release Licensee is entitled to. Eg. if Licensee is entitled to releases 184.108.40.206 and 220.127.116.11 Licensee may upgrade to versions 18.104.22.168 and 22.214.171.1248, but Licensee may not, under this clause, upgrade to version 126.96.36.199 or version 188.8.131.52.
(f) Major upgrades.
Licensee is entitled to free upgrades to major releases (these are releases which are not covered by the provision of preceding point) of the Software Product that are released up to one year after Licensee Software Product’s invoice issue date. After the period indicated in the previous sentence lapses, the Licensee shall render that service to the Licensee, provided the Licensee orders such service and pays remuneration due. The Licensor shall notify the Licensee about the possibility to order such service in advance.
(g) Change of User.
The Licensee may change a User authorized to use Software Product by authorizing another User to use Software Product and taking such authorization from the previous User. Change of User requires applying for a new license key and cannot be performed more than 4 times in a calendar year. This provision is not applied in cases of assigning and/or transferring the license onto other licensee.
In case the Licensee transfers the Software Product onto third party, all the Users shall immediately uninstall the Software Product and all copies thereof of their respective hardware.
Licensee may not sublicense any part of the Software Product.
(a) Each installation that uses Commercial License must be registered with Licensor.
(b) The registration requires license key and a valid e-mail address assigned to a User (no group addresses allowed). Every registration done by the same User must use the same e-mail address. In case of e-mail address change the Licensor must be notified.
(c) The produced Software Installer may contain information identifying the installation.
(d) Licensor may provide a publicly available service which maps installation identifier to either Licensor (using data from the invoice) or User (using the provided e-mail address). The latter case will happen if User selects personal installation.
(a) This EULA and Licensee's right and license to use the Software Product will terminate immediately and automatically if one of the following instances occurs:
1. the Licensee fails to comply with the terms and conditions of this EULA;
2. the relevant contract relating to the transfer of copy of Software Product is terminated, rescinded or dissolved, expires or is or becomes invalid.
(b) Licensee may terminate this Agreement at any time by notifying the Licensor.
(c) An explicitly granted Free License may be terminated by the Licensor with 3 months’ notice. Notice will be placed on the same web site that grants the license.
(d) In the event of termination, expiry, rescission or invalidity of this EULA, Licensee must destroy all copies of the Software Product in Licensee's possession.
(a) All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants Licensee no rights to use such content. All rights not expressly granted are reserved by the Licensor.
(b) Parts of Software Product may not have been created by Licensor. Such parts may be licensed on terms other than the EULA. For specific information see copyright.txt file in Software Product's installation directory.
7. NO WARRANTIES
(a) Licensor grants Licensee no warranty for the Software Product. The Software Product is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product.
(b) The Licensor does not guarantee to update, upgrade or develop Software Product in any particular direction or to update, upgrade or develop Software Product at all or that any updates and upgrades should be provided in any specified date.
8. LIMITATION OF LIABILITY
(a) In no event shall Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of use of or inability to use the Software Product, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
(b) In any case, Licensor’s entire liability under this contract will be limited to the amount actually paid towards the license for the Software Product.
9. PERSONAL DATA PROTECTION
(a) By concluding this EULA, Licensee and/or User authorizes Licensor to collect and process their personal data for the purposes of performing this EULA and marketing of the Licensor’s products and services pursuant to Act of 29 August 1997 on the Protection of Personal Data.
(c) The consent to collect and process Licesee's and/or User's personal data for the purpose of enabling the Licensor to perform properly its duties under point 3(f) hereabove is mandatory.
(d) Licensee and/or User may access their personal data and rectify these data.
10. FINAL PROVISIONS
(a) If an alternative agreement has been negotiated between the Parties, provisions of such agreement take precedence over provisions of this EULA. Such an agreement must clearly state that it modifies the provisions of this EULA.
(b) This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of laws rules.
(c) Polish common courts, competent for the place of the Licensor’s registered office, shall have exclusive jurisdiction in the matters arising hereof.