License Agreement for Storware Software
Please read this Software License Agreement carefully before using the Storware Software. By accepting this Agreement you agree to become a Party to and be bound by all the terms and conditions contained herein. If you do not accept all the terms and conditions of this Agreement you are not allowed to install the Storware Software or any part thereof.
The License Agreement is made by and between:
Licensee – a natural person, a legal person or a legal entity without legal personality, which has legally obtained the Storware Software and confirmed at its installation, in electronic form, acceptance of the terms and conditions of this Agreement;
Licensor – Storware Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa [Storware limited liability company limited partnership] with its registered seat in Warsaw, ul. Leszno 8/44, 01-192 Warszawa, KRS no. 0000551481.
Storware Software [hereinafter called ‘Software’] is a work within the meaning of the regulations of the Copyright and Related Rights Act of 4th February 1994, protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. The Software is the exclusive property of the Licensor and is not encumbered with third party’s rights. The Storware Software is intended for performing data backup, data archiving, recreating and sharing.
The subject matter of the license is the right to use the Storware Software. The License also includes documentation, both in electronic and printed form, as well as any adaptations, alterations, new versions and updates of the Software which were created by the Licensor and made available to the Licensee by the Licensor.
2.1. The Licensor grants to the Licensor a limited, non-exclusive license to install and use the Software while this Agreement is in effect, on the terms and condtions contained herein.
2.2. The Licensee fully accepts that under the Storware License he only acquires the non-exclusive right to use the Software, without transferring the ownership either in whole or in part.
2.3. The Licensee is entitled to use the Software within the following fields of exploitation: temporary reproduction of the Software, insofar as it is necessary for displaying, applying and ordinary use of the Software by means of mobile devices and computers which have access to the Software (i.e. displaying, applying, using, installing and storing the Software in the computer memory, on the server or mobile devices), making one back-up copy of the Software – provided that such a copy shall not be concurrently used with the Software.
2.4. The Licensor hereby grants the Licensee the right to use the Software on one stationary devices such as laptop/notebook/PC and on up to 5 connected mobile devices for Storware Kodo (GoSync and Mobile) and one devices such as server for Storware vProtect product.
2.5. Any additional Software components supplied by the Licensor within 12 months of the execution of this Agreement shall be deemed part of the Software and subject to the terms and conditions contained herein.
2.6. The remuneration for the Software license includes, apart from the Licensee’s right to use the Software, the right to download Software updates free of charge within 12 months of the execution of this Agreement, as well as Software-related technical support services rendered by the Licensor during that period (hereinafter called Maintenance & Support). The License does not include the right to obtain newer versions of the Software, updates and technical support after 12 months of the execution of this Agreement. However, if the Licensee obtains, against additional remuneration, newer versions and updates after that period, the use of such versions and/or updates shall be subject to this Agreement.
2.7. The remuneration for the Software license described in 2.6. is specified in the Price List constituting Annex no. 1 hereto.
2.8. The license to use the Software is granted for an indefinite period.
2.9. The Licensee acknowledges and agrees that if he fails to give the Licensor a written notice of termination of Maintenance & Support services at the latest a month before the end of a 12-month period as referred to in 2.6., it shall automatically entail extension of these services against remuneration, and the Licensor shall be entitled to issue an invoice to the Licensee for the Maintenance & Support services rendered by the Licensor in the next 12-month period, in accordance with the current Price list available at www.storware.eu.
3.1. The Licensee does not have the right to grant further licenses for the Software, nor to transfer or provide access to it in any form, including leasing, renting, assigning the use of the Software, its updates, data carriers and documentation, free of charge or for consideration, The Licensee undertakes not to distribute or create derivative works based upon the Software, in whole or in part, unless the Parties agree otherwise in writing.
3.2. The Licensee undertakes not to do engineering, reverse assembling or otherwise attempt to discover the source code or method of the Software individual elements. The Licensee shall not decompile, deassemble, adapt, alter or modify the Software without the express prior written permission of the Licensor.
3.3. The Licensee agrees not to use, copy, imitate any existing Software or its part, nor to add to the Software or to any of its elements trademarks, service marks, industrial designs, company name or Software name that could be confusing to third parties. The Licensee also undertakes not to remove, conceal or alter the information on the copyrights and/or trademarks of the Licensor or of the third parties, as well as not to remove, conceal or alter other information on the reserved rights connected with, contained in or made avaialable together with or through the Software.
3.4. In case of using other vendor’s software or components that were not supplied by the Licensor, the Licensee accepts and agrees that this fact shall exclude any liability of the Licensor towards the Licensee, as well as the right to claim compensation from the Licensor on any account whatsoever and any warranty claims or the right to demand restoration of the Software to its satysfying operation, commercial suitability and suitability for a specified purpose.
4.1. The Licensor has the right to use third-party software and offer it as a component of the Storware software.
4.2. If there is a third-party software documentation issued by its owner, the Licensee agrees to comply with it.
4.3. If the Licensee requires additional units of Software (including third-party software), such software shall be priced and delivered separately and against remuneration.
4.4. At the Licensor’s request, the Licensee shall give the Licensor access to the Software and to the hardware platform owned by the Licensee in order to verify the correctness of the license use and third-party software use.
4.5. The Licensee accepts that the only entity responsible for the Software is the Licensor and the Licensee agress not to contact, submit doubts or claims to third parties, whose software has been used in the Storware software.
5.1. If the Licensee violates the provisions of this Agreement or the terms and conditions of the use of third-party software, the Licensor may terminate the Agreement with immediate effect, without the Licensor’s right to recover remuneration in whole or in part. The notice of termination must be in writing to be valid. If the Licensor terminates the Agreement for the reasons stated above, the Licensee shall return to the Licensor all copies of the Software in its possession, as well as the copies of third-parties software and the documentation connected therewith.
5.2. Irrespective of terminating the Agreement as described in 5.1 above, the Licensor shall be entitled to block the Licensee’s access to the Software if the Licensor discovers that the Licensee has breached provisions of this Agreement.
6.1. The Licensee acknowledges that he is solely responsible for the data which was backed up with the Software and he accepts that the Licensor does not bear any responsibility for deletion or non-storing of any content or other data maintained or transmitted using the Software.
6.2. The Licensee acknowledges and agrees that the Licensor and his Partners are not liable for any indirect, direct, consequential, special damage or moral losses, including loss of profits, reputation, possibility to use data or any other loss of intangible assets (even if the Licensor or his Partners have been informed of the possibility of such damages before), resulting from, including but not limited to: (i) improper use or inability to use the Software; (ii) the cost of purchasing replacement goods and services resulting from the purchase of any goods, data, information, services, received messages or concluded transactions through the Software; (iii) unauthorised changes or access to transmissions or data.
6.3. The Licensor hereby disclaims statutory or implied warranties with regard to the Software, rendering technical suport services or lack thereof.
7.1. The Licensee agrees not to provide third parties with the access to the information contained in the Software documentation. The Licensee also agrees to keep confidential any information obtained for the purpose of using the Software and concerning the Licensor or his enterprise.
7.2. The Licensee is responsible for its own use of the Software, as well for the use by the Licensee’s employees, subordinates and persons he supervises.
8.1. Any amendments to this Agreement must be in writing, signed by both Parties, to be valid.
8.2. To all matters not settled herein provisions of the Polish Civil Code and other relevant laws shall apply.
8.3. This Agreement shall be governed and construed under the Polish law and disputes, if any, shall be settled by the competent court for the place of the Licensor’s seat.
8.4. The Licensor’s seat is deemed the place of the execution of this Agreement.