EULA

STORWARE Electronic Services Rules

Before starting to use Storware software, please read these Rules, particularly the Storware Software License Agreement Terms and Conditions. Accepting the Rules shall mean the consent to all the terms and conditions set out herein. Unless the Licensee approves all terms and conditions of the License Agreement, they shall not be authorized to install the Storware Software in whole or any part of it.

I. Definitions

For the purpose of these Rules, the following terms shall have the following meanings: Storware – Storware Spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, ul. Leszno 8/44 01-192 Warsaw, entered into the Register of Entrpreneurs of the National Court Register under KRS no. 0000510131

Website – the website owned by Storware available at www.storware.eu.

User – any natural person using the Website.

Licensee – a natural person operating a business, a corporate entity or non-corporate entity who legally purchased the Storware Software and who electronically confirmed the acceptance of the Rules;

Material – any content shared by Storware on the Website so that each User may access it at a chosen time and location, including text, graphics, photographs, sound and audiovisual contents.

Software – software solely owned by Storware, constituting work and a computer program within the meaning of the Copyright Act and Related Rights Act of February 4, 1994. The software is intended for data backup, archiving, restoring and sharing.

License – license for Software that the Licensee may purchase in accordance with these Rules.

License Agreement – agreement concluded between Storware and the Licensee within the scope agreed between the Parties, in accordance with these Rules.

Privacy Policy – a document describing important issues of User privacy, particularly including the manner of Users’ personal data protection and rules of data collection using cookie files, available at dpo@storware.eu.eu

Rules – this document.

Parties – Licensee and Storware.

Device – any electronic device with a web browser enabling the User to display and use the Website at the time and place of their choice.

Newsletter – service consisting in submitting information in the form of an email message to the User regarding new product versions and features, industry events, product deals,  to the email address supplied thereby, provided that such User gave their prior consent to receiving such information.

Service – services provided electronically by Storware via the Website and email, particularly consisting of enabling access to Materials, License purchasing and submitting the Newsletter.

II. General Information

  1. These Rules define the principles, scope and conditions of Users’ and Licensees’ use of the Services provided electronically by Storware.
  2. In order to ensure the use of all Services provided via the Website:
    1) the minimum requirements on laptop and desktop computers are as follows:
    – 2Mbit/s Internet connection,
    – Browser using the HTML5 standard, in particular: Google Chrome 34, Mozilla Firefox 30, Safari 5, Internet Explorer 9, MS Edge,
    – Operating system not older than Windows 7 , Ubuntu 13,
    – Java Script and cookies enabled.
    – In order to use full scope of features of some services, enabling safe data transmission protocol (SSL) in the browser may be necessary.
    2) Minimum requirements on mobile devices – minimum requirements include an operating system that is not older than iOS 7.0 or Android 4.03.
  3. The User may clarify any questions regarding the technical possibilities of using the Services by sending an email to: info@storware.eu.
  4. Storware shall provide the Services to the User based on the terms and conditions set out in the Rules. Throughout the provision of the Services, the User shall be obliged to comply with the requirements of these Rules.
  5. Storware declares its will to enter into the Service agreement upon making given Service available via the Website. The User declares their will to enter into the Service agreement upon requesting a given Service. The conclusion of a Service agreement shall be conditional upon the acceptance of the Rules, whereby Storware may render the use of a given Service conditional upon the acceptance of the Rules in an electronic form. In order to enter into the License Agreement, the Licensee must accept the Rules by checking the relevant check box during the Software installation process
  1. The User shall be obliged to use the Website in accordance with applicable laws, social standards and customs as well as with the provisions of these Rules. In particular, the User shall be obliged not to:1) to publish contents that are against law;
    2) use the Materials and other components of the Website or the Website as a whole for purposes unrelated to Storware’s provision of Services in favor of the User;
    3) interrupt the operation of the Website, Storware computer systems, servers or networks. The following are strictly prohibited:
    – obstruct the use of the Website by other persons;
    – record the Materials with the use of any technical means, reproduce, market or disseminate the Materials, in whole or in part.
  1. Should a User use the Website in a manner that contradicts the applicable laws, social standards and customs or these Rules, this shall constitute grounds for the immediate termination of the provision of Services to such User.
  1. Storware shall hold the exclusive rights to the work constituting part of the Website in whole or in part, and to Materials and other textual, graphic or multimedia components of the Website.
  1. Storware does not guarantee the uninterrupted availability of the Website or Service.

 

III. Newsletter

  1. The User may declare the will to receive a Newsletter via email.2. The request to use the Newsletter service shall be made by the User by entering their first and last name and email address, as well as consenting to receiving the Newsletter in the form available on the Website and by accepting these Rules.
  2. The user may unsubscribe from the Newsletter service by connecting to the Website using the web address attached at the end of each message submitted as part of the service, by clicking the “Unsubscribe from the Newsletter” link.

 

IV. Licenses

Via its Website, Storware offers the License in three models:

  1. Free – a free of charge license for the Software, concluded for an indefinite period; the license specification is available at: https://storware.eu/products/vprotect/ Storware provides no technical support for the Free License.
  2. Trial – 30 day Software License that may be extended for a further period of 30 or 60 days. Under the Trial License, Software shall assist the Licensee in building an environment for License testing. After the Trial License expires, the Licensee may purchase the Commercial License.
  3. Commercial – License for the Software given for an indefinite period that includes technical support of varying levels, depending on the Licensee’s choice:
    STANDARD SUPPORT – Storware response time of up to 8 hours, support provided 8 hours a day between Monday and Friday, excluding public holidays;
    PREMIUM SUPPORT – Storware response time of up to 4 hours, support provided 24 hours a day between Monday and Friday, excluding public holidays;
    TITANIUM SUPPORT – Storware response time of up to 4 hours, support provided on a full 24/7 basis.
  4. After purchasing a Commercial License, the Licensee shall be entitled to use the technical support for 12 months according to the model specified in the License Agreement concluded between the Parties and to update the Software. After the expiry of this period, further use of the technical support and Software update downloads will be available after purchasing the Renewal option.a) Each of the Free, Trial and Commercial License, as described in section IV.1 refer to the software offered by Storware, namely:b) vProtect – enabling data backup and restoring from virtual environments;c) KODO for Cloud –  enabling the backup and restoring of the Office 365 environment;d) KODO for Endpoint – enabling the backup and restoring of workstations (laptops and desktops)
  5. The License shall also include the documentation supplied with the Software as well as any secondary documents, modifications, new versions and updates of the Software created by Storware and provided thereby to the Licensee based on the Rules, as well as the technical support according to the purchased model and version of the License. The documentation is available at:
    a) https://storware.gitbook.io/storware-vprotect/;
    b) https://storware.gitbook.io/kodo-for-cloud-office365/;
    c) https://storware.gitbook.io/kodo-for-endpoints/
  6. Storware shall grant the Licensee a limited and non-exclusive License for the Software for a specific period of time defined for given License model, starting from the date of the conclusion of the License Agreement, in accordance with the terms and conditions set out in these Rules.
  7. A User interested in purchasing a License should contact Storware by writing a message to: globalsales@storware.eu, specifying the requested type of License. Storware shall respond by email, sending a proposal specifying the model, version and price of the License. The Licensee shall place an order for the License by sending an email specifying the License they intend to purchase or attaching the proposal received from Storware and by providing the invoice details. After receiving the order, Storware shall send the invoice to the Licensee which shall be paid by bank transfer to the account indicated in the invoice and within the time specified therein.
  8. A Licensee intending to purchase a Renewal for the Commercial License should contact Storware by sending an email to globalsales@storware.eu and specifying the requested type of technical support. Storware shall respond by submitting an email with a proposal. The Licensee shall order a Renewal by sending an email accepting the proposal and providing the invoice details. After receiving the proposal acceptance email, Storware shall send the invoice to the Licensee which shall be paid by bank transfer to the account indicated in the invoice and within the time specified therein. The Renewal Agreement shall be deemed as concluded on the date of payment of the amount indicated in the invoice, understood as the date of crediting Storware’s bank account with the amount specified in the invoice. The provision of the Renewal service shall commence on the date of payment. Failure to pay shall constitute grounds for termination of the Agreement without notice.
  9. Remuneration for the Software and the scope of the License in terms of the number of users or devices by which the License may be used, as well as the model and version of the License are defined in the POE (Proof of Entitlement) document that the Licensee will receive from the Licensor via email. The content of the POE shall be defined on the basis of the proposal which the Licensee will have received from the Licensor by email in response to the query submitted by the latter via email. After the Licensee’s acceptance of the proposal in the manner described in the previous sentence, the Licensor shall submit the License document and License key to the Licensee, enabling the use of the Software as well as the document certifying the purchase of the License, i.e. POE.
  10. The license shall be granted by Storware on the date of payment of the License price which shall be understood as the receipt of the amount corresponding to the License price purchased by the Licensee on the bank account of Storware specified in the invoice.
  11. The Software shall be provided by Storware to the Licensee in electronic form, without a data carrier.
  12. In order to launch the Software, the Licensee shall, after purchasing the License, download the Software from the indicated FTP site available after logging in with the credentials supplied in the email along with the web address and license key, and shall run it using the License key.
  13. The Software updates are not installed automatically. The Licensee shall be notified by Storware of available updates and of the method to download them.
  14. The technical requirements for using the Software are specified at the following web addresses
    a) vProtect – https://storware.gitbook.io/storware-vprotect/
    b) KODO for CLOUD – https://storware.gitbook.io/kodo-for-cloud-office365/
    c) KODO for ENDPOINT – https://storware.gitbook.io/kodo-for-endpoints/

 

V. Conditions of Storware Software License Agreement

  1. The Licensee may use the Software solely in the manner defined in these Rules. The Licensee shall be prohibited to issue further licenses (sublicenses) for the Software and to sell or provide in any form, including rental, lease, providing for paid or unpaid use of the Software (including its potential updates), data carriers on which it has been recorded, and any related documentation, if the Licensee uses the Software at the same time. The Licensee shall be obliged not to distribute nor to create derivative works or computer programs based on the Software, in its entirety or in part, unless otherwise agreed by the Parties in a separate agreement.
  1. The License shall be granted for the following fields of use, as defined in this item. The Licensee shall be entitled to use the Software in the following fields of use: temporary multiplication of the Software in the scope that is necessary for displaying, applying, implementing, storing and regular use of the Software with mobile devices and computers with access to the Software (i.e. displaying, applying, implementing and storing the Software in the computer memory, on a server and on mobile devices), creating a backup copy of the Software if it is essential for the use of a computer program, provided that such copy must not be used simultaneously with the Software.
  1. The Licensee undertakes not to reverse engineer or reverse assemble the Software or otherwise attempt to reveal the source code or the manner of creative combination of the individual components of the Software. Decompilation, disassembling and adaptation of the Software, as well as making any changes and modifications in the Software is strictly forbidden without obtaining the prior written consent of the Licensor, except as provided in item 4 below.
  1. The Licensor’s consent shall not be required for the multiplication of the code or the translation of its form within the meaning of Article 74.4.1 and 74.4.2 of the Copyright and Related Rights Act of February 4, 1994 if it is essential for obtaining cooperation of an independently developed computer program with other computer programs, as long as the following conditions are observed:
    a) such activities are performed by the Licensee or other person authorized to use a specimen of the Software or by another person acting on their behalf,
    b) the information essential for ensuring software cooperation has not been easily accessible for persons mentioned in item a) above,
    c) such activities pertain only to those parts of the original Software which are essential to ensure software cooperation.
  1. The information mentioned in item 4 above shall not be:
    a) used for purposes other than ensuring cooperation of an independently developed computer program;
    b) shared with other persons, unless required for ensuring cooperation of an independently developed computer program;
    c) used for the development, production or marketing of a computer program with significantly similar form of expression or for other copyright violations.
  1. The Licensee undertakes not to use, copy, imitate or affix their trademarks, utility models, company name or Software name to the Software in manner misleading for third parties. The Licensee also undertakes not to remove, hide or change the Licensor’s and third parties’ copyright and trademark information as well as information of reserved rights related to the Software, contained therein or provided in connection with or using the Software. This provision shall relevantly apply to the Website, both in its entirety and its individual components.
  1. The Licensee undertakes not to provide the information contained in the Software documentation to third parties. The Licensee undertakes to keep all information received for the purpose of Software support and relating to Storware and its enterprise as confidential.

 

VI. Technical Support

  1. The Licensee shall be entitled to use the technical support services according to the model specified in the License Agreement between the Parties for 12 months, provided that all due license fees have been paid to Storware. In the event of failure to pay for the License, Storware shall be entitled to suspend the provision of the technical support services until the invoice issued to the Licensee has been paid including any relevant interest, whereas the suspension time shall be included in the 12 month period mentioned in the first sentence hereof.
  1. The Licensee may obtain technical support related to the Software by contacting Storware at: support@storware.eu, by phone: +48 730 602 611 or by www.jira.com/storware provided that they have a working account on that website. Furthermore, Storware may provide technical support via remote electronic access and at the Licensee’s premises, if providing technical support is otherwise impossible or significantly obstructed. Technical support for the Software shall be provided in Polish and in English.
  1. Technical support services for the Software consist in securing and ensuring uninterrupted operation of the Software and include:
    a) sharing updates for the Software based on the conditions set out in these Rules;
    b) technical support of the Software in the scope of updates, diagnostics, damage repair and setting configuration changes.
  2. The Storware response time shall be counted from Storware’s confirmation of a technical support request.
  3. The activities shall be carried out in a continuous manner, from the commencement until the removal of the malfunction.
  4. The notification of a problem by the Licensee should contain the following information:
    a) identification details of the Licensee: first name, last name, company name or contact phone number, email address;
    b) problem description;
    c) details of the contact person, including phone number and email address, who can provide further information about of the problem;
    d) log files from the environment in which the problem occurred. The log files shall also be understood as screen shots demonstrating incorrect operation of the Software.

 

VII. Liability and Termination of the License Agreement

 

  1. The Licensee shall be responsible for its own use of the Software including its use by its employees and subordinates.
  2. The Licensee shall hold full, unlimited liability in the event of violation of the present Rules, including, in particular, those related to the scope of the License.
  3. Should the Licensee use the software from other provides that affects the operation of the Software, the Licensee hereby acknowledges that such a circumstance will exclude all the Licensor’s liabilities towards the Licensee, including the loss of entitlement to any kind of compensation from the Licensor, regardless of grounds and any other claims towards the Licensor.
  4. In the event of failure to comply with the terms and conditions of the License Agreement or these Rules, Storware shall be entitled to terminate the License Agreement with immediate effect, without the Licensee’s right to reimbursement of the remuneration, either in whole or in part. The declaration of termination of the License Agreement shall be made in writing, otherwise rendering it null and void. Should Storware terminate the License Agreement for reasons stipulated in this section, the Licensee shall be obliged to return all copies of the Software and all related documents to Storware.
  5. Irrespective of the termination of the License Agreement mentioned above, Storware shall be entitled to block the Licensee’s use of the Software in the event of finding that the Licensee has materially defaulted the terms and conditions of the License Agreement.
  6. At each demand of Storware, within 3 business days of such demand and in the manner agreed between the Licensee and Storware, the Licensee shall make the Software and the Licensee’s hardware platform available for Storware’s audit of the use of the License in accordance with these Rules.
  7. The Licensee acknowledges that it is the sole entity responsible for the data backed up with the Software and acknowledges that Storware shall not be held liable for the deletion or failure to store any kind of contents maintained or transferred with the Software.
  8. Storware shall not be held liable for the adequacy of the Software for the purpose assumed by the Licensee.
  9. The Licensee hereby declares that it understands and accepts that Storware and its Partners shall not be liable for any indirect, direct, consequential, special or moral damages, including but not limited to compensation for lost profits, loss of good reputation, possibility of data use or other intangible damages resulting from: (I) inadequate use or inability to use the Software; (I) the cost of purchase of goods and services, data, information, as well as received messages or transactions concluded with the use of the Software; (III) the access of unauthorized persons to the Licensee’s transmissions or data, (IV) the use and access to the Internet.
  10. Storware’s liability under the statutory warranty with regard to the Software and provision of technical support is excluded.
  11. Should the Software be modified by the Licensee or a third party, excluding the update thereof in accordance with the notifications submitted by Storware to the Licensee, Storware shall not be liable for the incorrect operation of the Software or any other effects caused by modifications of the Software made by the Licensee.
  12. Storware shall not be liable for the non-operation or inadequate operation of the Software on the Licensee’s hardware, including in particular that resulting from the hardware used by the Licensee or Licensee’s use of other computer programs or their Internet connection settings.
  13. Under no circumstances shall Storware be liable for data lost during the use of Software or for any other negative consequences for Storware resulting from the Licensee’s use of the Software.
  14. The Software includes third party programs which the Licensee uses in accordance with the conditions of licenses of respective programs. The list of third party programs included in the Software is provided at www.storware.eu/support/3rdpartyproducts.
  15. The Licensee acknowledges that Storware is the entity with sole responsibility for the Software and obliges not to contact or notify of any problems or submit any claims to third parties whose software has been used in the Storware Software.
  16. In any case, the total liability of Storware under this Agreement shall be limited to the remuneration for which the Licensee purchased the License from Storware.

 

VIII. Contact with Storware and Complaints

  1. Any complaints shall be submitted to Storware by email to: globalsales@storware.eu
  2. Submission of a complaint mentioned in section 2 shall include, at least, the description of the subject of the complaint, date and time a problem occurred.
  3. Storware shall address the complaint submitted in accordance with section 2 above within 14 days of receiving such a complaint, whereas in particularly complex situations – within 30 days at the latest.
  4. Storware shall address the User’s complaint in accordance with section 3 above, via email to the email address from which the complaint was sent.

 

IX. Personal Data Protection

The User personal data protection, conditions of data collection with cookie files and other important privacy issues pertaining to the Portal are governed by the Privacy Policy available at: https://storware.eu/privacy-policy/ and in relevant disclaimers.

 

X. Final Provisions

  1. These Rules, including the License shall be subject to Polish law and any disputes shall be resolved by a public court of competent jurisdiction for the seat of Storware.
  2. In any cases not governed by these Rules, regulations of the Polish law shall apply, particularly relating to the provision of services with electronic means, the copyright and related rights act and of the Civil Code Act.
  3. These Rules shall enter into force on July 1, 2020.
  4. These Rules may be subject to amendment by Storware based on the principles set out below. Should these Rules be amended, a new version thereof shall be published on the Website including its effective date. The relationships between Storware and the User shall be governed by the Rules in force as at the date of the conclusion of the License Agreement, until the User has accepted the new Rules. The effects of failing to accept the new Rules shall be, from time to time, defined by Storware with consideration of the nature of the amendments made to the Rules. The User shall be notified thereof upon the publication of the new Rules.
  5. These Rules are published free of charge via the Website in the form enabling the download, viewing and saving of its contents using an applicable IT system.