STORWARE SOFTWARE LICENSE AGREEMENT - UNLIMITED PERPETUAL
Before you start using the Storware software (hereinafter: “Software”), please read this Storware Software License Agreement (hereinafter: “Agreement”). By accepting the contents of the Storware Electronic Services Rules (hereinafter: the “Rules”) and of the Agreement you assume the status of the Licensee and approve all the conditions set out in the Rules and the Agreement. If the Licensee does not accept all the provisions of the Agreement, he cannot install the Storware Software in full or in any part.
This Agreement is made by and between:
(1) A natural person conducting a business activity, a legal person or an organizational unit without legal personality who has concluded a Storware Software License Agreement and during its installation confirmed his acceptance of the conditions of this Agreement and the Rules, in an electronic form (hereinafter: the “Licensee”),
and,
(2) STORWARE spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, Łopuszańska Street 32, 02-220 Warsaw, registered by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000510131, REGON: 147255967, NIP: 5213672602, (hereinafter: the “Licensor”),
hereinafter jointly referred to as “the Parties”.
1.
1.1. The terms written with capital letters at the beginning, not defined in this Agreement have the meaning as established in the Rules.
1.2. The Licensor hereby provides the Licensee with a license to use the Software (hereinafter: “License”). The License shall cover also the documentation attached to the Software and all developments, modifications, new versions and updates of the Software developed by the Licensor and made available to the Licensee by the Licensor according to the rules specified in this Agreement and in the Rules, and technical support resulting from a selected support model. The links below provide access to the software documentation:
a). Storware Backup and Recovery – https://storware.gitbook.io/backup-and-recovery/;
b). vProtect – https://storware.gitbook.io/storware-vprotect/;
c). KODO for Cloud – https://storware.gitbook.io/kodo-for-cloud-office365/;
d). KODO for Endpoint – https://storware.gitbook.io/kodo-for-endpoints/;
1.3. Only an entity purchasing the License in direct connection with its business activity can be a Licensee.
1.4. The Software shall be provided to the Licensee by the Licensor in an electronic form, without any carrier.
1.5. The Rules set out the manner of conclusion of Agreement as well as the purchase of the Renewal service.
1.6. By concluding an Agreement, the Parties shall specify in particular the type of Software (Storware Backup and Recovery, vProtect, KODO for Cloud, KODO for Endpoint) and the technical support variant (Standard Support, Titanium Support), in accordance with the provisions of the Rules.
2.
2.1. The Licensor hereby grants the Licensee a limited, non-transferable and non-exclusive License to the Software, under the terms and conditions set out in the Agreement, the Rules and in POE. The License is granted by the Licensor commencing from the date of installation of Software. The manner of installation is set out in the Rules. In the event of differences between the content of the Agreement, the Rules and POE, the provisions of POE shall prevail.
2.2. The License is hereby granted on the fields of use solely specified in this Clause. 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.
2.3. The Licensee is authorized, without any additional fee, to download updates and technical support services related to the Software, exclusively if according to the Rules the Licensee purchased an appropriate License model and variant or a Renewal service. Using any Software versions and/or updates is governed by this Agreement and by the Rules, and all and any Software updates are treated as a part of Software.
2.4. No updates of the Software shall be installed automatically. The Licensee shall be informed by the Licensor of any available updates and of the method to download the same.
2.5. The Licensee can obtain the technical support connected with the Software by contacting the Licensor in a manner specified in the Rules.
2.6. The Software, any third-party software, documentation, interfaces, content, fonts, extensions and any data accompanying the License whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to the Licensee by the Licensor for use only under the terms of the License. The Licensor and/or its licensors retain ownership of the Software itself and reserve all rights not expressly granted to the Licensee.
3.
3.1. The Licensee may use the Software solely in the manner defined in the Rules, the License Agreement and POE. The Licensee shall be prohibited to issue further licenses (sublicenses) for the Software and to sell or provide it 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. 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 in documentary form under the pain of nullity.
3.2. 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. Decompilating, disassembling and adaptation of the Software, attempting to derive the source code of the Software, decrypt, modify, or create derivative works, as well as making any changes and modifications in the Software is strictly forbidden without obtaining the prior consent of the Licensor in documentary form, except as provided in Clause 3.3. below.
3.3. 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 Sec. 4 pt. 1 and 74 Sec. 4 pt. 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 copy of the Software or by another person acting on their behalf,
b) the information necessary to achieve interoperability was not previously readily available to the persons referred to in the letter a above,
c) such activities pertain only to those parts of the original Software which are necessary to achieve interoperability.
3.4. The information referred to in Clause 3.3 above cannot be:
- used for purposes other than achieving interoperability of an independently developed computer program;
- transferred to other persons, unless required for to achieve interoperability of an independently developed computer program;
- used for the development, production or marketing of a computer program with significantly similar form of expression or for other activities that infringe copyright.
3.5. The Licensee undertakes not to use, copy, imitate or affix Licensor’s trademarks, utility models, industrial designs, company name or Software name to the Software or any of its components 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, via the Software or using the Software.
3.6. The Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, in any manner, and the Licensee shall not exploit the Software in any unauthorized way whatsoever, including but not limited to, using the Software to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
3.7. If the Licensee uses other suppliers’ software that affects the operation of the Software the Licensee hereby acknowledges that this circumstance shall lead to the exclusion of any liability of the Licensor towards the Licensee, including the loss of rights to demand any compensation on any grounds from the Licensor and to assert any other claims against the Licensor.
4.
4.1. The Software includes programs of third parties used by the Licensor according to the License provisions concerning such programs. A list of the programs of third parties included in the Software can be found here: www.storware.eu/support/3rdpartyproducts.
4.2. Upon each request of the Licensor, within 3 working days since the request, the Licensee shall grant the Licensor access to the Software and the Licensee’s hardware platform in the manner agreed between the Licensee and the Licensor in order to verify whether the License is used according to the Agreement.
4.3. The Licensee hereby acknowledges that the Licensor is solely responsible for the Software. The Licensee shall not contact or report any doubts or claims to any third parties whose software was used in the Storware Software.
5.
5.1. Should the terms and conditions of the Agreement or the Rules be not observed, the Licensor can terminate the License Agreement or the Renewal agreement with an immediate effect without the Licensee’s right to return remuneration in full or in part. The notice on the termination of the Agreement shall be in writing, otherwise null and void. If the Agreement is terminated by the Licensor for the reasons specified in this Clause the Licensee shall return to the Licensor any copies of the Software and any relative documents held by the Licensee.
5.2. Notwithstanding the termination of the Agreement referred to in Clause 5.1 above the Licensor has the right to block the use of the Software by the Licensee if the Licensor finds that the Licensee glaringly infringes the provisions of the License Agreement or the Rules.
6.
6.1. The Licensee hereby acknowledges that he is the only entity responsible for the data the back-up copy of which was made with the use of the Software and accepts the fact that the Licensor does not bear any liability for the removal or the failure to store any content or any other contents maintained or sent with the use of the Software.
6.2. The Licensor shall not be held liable for the Software’s fitness for the purposes assumed by the Licensee.
6.3. The Licensee hereby declares that it understands and accepts that the Licensor 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; (II) the cost of purchase of goods and services, data, information, as well as received messages or transactions concluded with the use of or via the Software; (III) the access of unauthorized persons to the Licensee’s transmissions or data, (IV) the use and access to the Internet.
6.4. The Licensor’s liability under the statutory warranty with regard to the Software and the provision or non-provision of technical support of technical support is excluded.
6.5. Under no circumstances shall the Licensor be liable for lost profits resulting from the Licensee’s use of the Software.
6.6 Should the Software be modified by the Licensee or a third party, excluding the update thereof in accordance with the notifications submitted by the Licensor to the Licensee, the Licensor 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.
6.7. The Software is provided ‘as is’ without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. The Licensor shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising in any way out of the use, distribution, or performance of the Software, even if advised of the possibility of such damages. The Licensee acknowledges that the Software may not be error-free or uninterrupted. The Licensee assumes all risks and responsibility for any losses, damages, or expenses resulting from their use of the Software.
6.8. The Licensor shall not be held responsible for the failure to operate or improper operation of the Software on the Licensee’s devices, in particular due to the devices used by the Licensee, the Licensee’s use of other computer programs and setting Internet connections.
6.9. Under no circumstances shall the Licensor be liable for data lost during the use of Software or for any other negative consequences for the Licensor resulting from the Licensee’s use of the Software.
6.10. In any case, the total liability of the Licensor under this Agreement shall be limited to the remuneration for which the Licensee purchased the License from the Licensor.
7.
7.1. The Licensee shall not provide any third parties with access to the information included in the documentation connected with the Software. The Licensee shall keep secret any information obtained for the purpose of handling the Software, concerning the Licensor or its business.
7.2. The Licensee shall be responsible for his own application of the Software and for its application by his employees and subordinates used thereby.
7.3. The Licensee shall bear full and unlimited liability if he breaches the Agreement, in particular in respect of the scope of the License.
8.
8.1. Any amendments hereto shall be made in writing, otherwise null and void.
8.2. Any issued not provided for in this Agreement shall be governed by the Rules and the provisions of the Polish law, in particular the Polish Civil Code and the Law on Copyright and Related Rights.
8.3. This Agreement shall be governed by the Polish law, and any disputes shall be resolved by the common court of law competent for the registered seat of the Licensor.
8.4. For the purposes of this Agreement, documentary form shall mean statements of intent made by the Parties’ representatives by e-mail. The statements made by the Licensee to the Licensor shall be submitted to the e-mail address: legal@storware.eu.
STORWARE SOFTWARE LICENSE AGREEMENT – SUBSCRIPTION
Before you start using the Storware software (hereinafter: “Software”), please read this Storware Software License Agreement (hereinafter: “Agreement”). By accepting the contents of the Storware Electronic Services Rules (hereinafter: the “Rules”) and of the Agreement you assume the status of the Licensee and approve all the conditions set out in the Rules and the Agreement. If the Licensee does not accept all the provisions of the Agreement, he cannot install the Storware Software in full or in any part.
This Agreement is made by and between:
(1) A natural person conducting a business activity, a legal person or an organizational unit without legal personality who has concluded a Storware Software License Agreement and during its installation confirmed his acceptance of the conditions of this Agreement and the Rules, in an electronic form (hereinafter: the “Licensee”),
and,
(2) STORWARE Spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, Łopuszańska Street 32, 02-220 Warsaw, registered by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000510131, REGON: 147255967, NIP: 5213672602, (hereinafter: the “Licensor”),
hereinafter jointly referred to as “the Parties”.
1.
1.1. The terms written with capital letters at the beginning, not defined in this Agreement have the meaning as established in the Rules.
1.2. The Licensor hereby provides the Licensee with a license to use the Software (hereinafter: “License”). The License shall cover also the documentation attached to the Software and all developments, modifications, new versions and updates of the Software developed by the Licensor and made available to the Licensee by the Licensor according to the rules specified in this Agreement and in the Rules. The links below provide access to the software documentation:
a). Storware Backup and Recovery – https://storware.gitbook.io/backup-and-recovery/
1.3. Only an entity purchasing the License in direct connection with its business activity can be a Licensee.
1.4. The Software shall be provided to the Licensee by the Licensor in an electronic form, without any carrier.
1.5. The Rules set out the manner of conclusion of Agreement.
1.6. The Agreement entitles the Licensee to use Storware Backup and Recovery, as well as the support in Titanium Support model, in accordance with the provisions of the Rules and POE.
2.
2.1. The Licensor hereby grants to the Licensee a limited, non-transferable and non-exclusive License to the Software for a period of 12 months, under the terms and conditions set out in the Agreement, the Rules and in POE, subject to the Parties shall be entitled to specify a different time of License in POE. Should the Agreement a period of 12 months transfer into the Agreement for an indefinite period, the Licensor will grant the Licensee a continued License valid until the date of termination of the Agreement. The License is granted by the Licensor commencing from the date of installation of Software. The manner of installation is set out in the Rules. In the event of differences between the content of the Agreement, the Rules and POE, the provisions of POE shall prevail.
2.2. The License is hereby granted on the fields of use solely specified in this Clause. 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.
2.3. The Licensee is authorized, without any additional fee, to download updates and technical support services related to the Software, exclusively if according to the Rules the Licensee purchased an appropriate License model and variant. Using any Software versions and/or updates is governed by this Agreement and by the Rules, and all and any Software updates are treated as a part of Software.
2.4. No updates of the Software shall be installed automatically. The Licensee shall be informed by the Licensor of any available updates and of the method to download the same.
2.5. The Licensee can obtain the technical support connected with the Software by contacting the Licensor in a manner specified in the Rules.
2.6. The Software, any third-party software, documentation, interfaces, content, fonts, extensions and any data accompanying the License whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to the Licensee by the Licensor for use only under the terms of the License. The Licensor and/or its licensors retain ownership of the Software itself and reserve all rights not expressly granted to the Licensee.
3.
3.1. The Licensee may use the Software solely in the manner defined in the Rules, the License Agreement and POE. The Licensee shall be prohibited to issue further licenses (sublicenses) for the Software and to sell or provide it 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. 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 in documentary form under the pain of nullity.
3.2. 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. Decompilating, disassembling and adaptation of the Software, attempting to derive the source code of the Software, decrypt, modify, or create derivative works, as well as making any changes and modifications in the Software is strictly forbidden without obtaining the prior consent of the Licensor in documentary form, except as provided in Clause 3.3. below.
3.3. 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 Sec. 4 pt. 1 and 74 Sec. 4 pt. 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 copy of the Software or by another person acting on their behalf,
b) the information necessary to achieve interoperability was not previously readily available to the persons referred to in the letter a above,
c) such activities pertain only to those parts of the original Software which are necessary to achieve interoperability.
3.4. The information referred to in Clause 3.3 above cannot be:
- used for purposes other than achieving interoperability of an independently developed computer program;
- transferred to other persons, unless required for to achieve interoperability of an independently developed computer program;
- used for the development, production or marketing of a computer program with significantly similar form of expression or for other activities that infringe copyright.
3.5. The Licensee undertakes not to use, copy, imitate or affix Licensor’s trademarks, utility models, industrial designs, company name or Software name to the Software or any of its components 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, via the Software or using the Software.
3.6. The Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, in any manner, and the Licensee shall not exploit the Software in any unauthorized way whatsoever, including but not limited to, using the Software to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
3.7. If the Licensee uses other suppliers’ software that affects the operation of the Software the Licensee hereby acknowledges that this circumstance shall lead to the exclusion of any liability of the Licensor towards the Licensee, including the loss of rights to demand any compensation on any grounds from the Licensor and to assert any other claims against the Licensor.
4.
4.1. The Software includes programs of third parties used by the Licensor according to the License provisions concerning such programs. A list of the programs of third parties included in the Software can be found here: www.storware.eu/support/3rdpartyproducts.
4.2. Upon each request of the Licensor, within 3 working days since the request, the Licensee shall grant the Licensor access to the Software and the Licensee’s hardware platform in the manner agreed between the Licensee and the Licensor in order to verify whether the License is used according to the Agreement.
4.3. The Licensee hereby acknowledges that the Licensor is solely responsible for the Software. The Licensee shall not contact or report any doubts or claims to any third parties whose software was used in the Storware Software.
5.
5.1. Should the terms and conditions of the Agreement or the Rules be not observed the Licensor can terminate the License Agreement with an immediate effect without the Licensee’s right to return remuneration in full or in part. The notice on the termination of the Agreement shall be in documentary form, otherwise null and void. If the Agreement is terminated by the Licensor for the reasons specified in this Clause the Licensee shall return to the Licensor any copies of the Software and any relative documents held by the Licensee.
5.2. Notwithstanding the termination of the Agreement referred to in Clause 5.1 above the Licensor has the right to block the use of the Software by the Licensee if the Licensor finds that the Licensee glaringly infringes the provisions of the License Agreement or the Rules.
5.3. In addition, the Agreement may be terminated under the terms and conditions set forth in the Rules and in point 8 of the Agreement.
6.
6.1. The Licensee hereby acknowledges that he is the only entity responsible for the data the back-up copy of which was made with the use of the Software and accepts the fact that the Licensor does not bear any liability for the removal or the failure to store any content or any other contents maintained or sent with the use of the Software.
6.2. The Licensor shall not be held liable for the Software’s fitness for the purposes assumed by the Licensee.
6.3. The Licensee hereby declares that it understands and accepts that the Licensor 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; (II) the cost of purchase of goods and services, data, information, as well as received messages or transactions concluded with the use of or via the Software; (III) the access of unauthorized persons to the Licensee’s transmissions or data, (IV) the use and access to the Internet.
6.4. The Licensor’s liability under the statutory warranty (rękojmia) with regard to the Software and the provision or non-provision of technical support of technical support is excluded.
6.5. Under no circumstances shall the Licensor be liable for lost profits resulting from the Licensee’s use of the Software.
6.6. Should the Software be modified by the Licensee or a third party, excluding the update thereof in accordance with the notifications submitted by the Licensor to the Licensee, the Licensor 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.
6.7. The Software is provided ‘as is’ without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. The Licensor shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising in any way out of the use, distribution, or performance of the Software, even if advised of the possibility of such damages. The Licensee acknowledges that the Software may not be error-free or uninterrupted. The Licensee assumes all risks and responsibility for any losses, damages, or expenses resulting from their use of the Software.
6.8. The Licensor shall not be held responsible for the failure to operate or improper operation of the Software on the Licensee’s devices, in particular due to the devices used by the Licensee, the Licensee’s use of other computer programs and setting Internet connections.
6.9. Under no circumstances shall the Licensor be liable for data lost during the use of Software or for any other negative consequences for the Licensor resulting from the Licensee’s use of the Software.
6.10. In any case, the total liability of the Licensor under this Agreement shall be limited to the remuneration for which the Licensee purchased the License from the Licensor.
7.
7.1. The Licensee shall not provide any third parties with access to the information included in the documentation connected with the Software. The Licensee shall keep secret any information obtained for the purpose of handling the Software, concerning the Licensor or its business.
7.2. The Licensee shall be responsible for his own application of the Software and for its application by his employees and subordinates used thereby.
7.3. The Licensee shall bear full and unlimited liability if he breaches the Agreement, in particular in respect of the scope of the License.
8.
8.1. The remuneration for this License is payable in monthly billing cycles. After 12 months the Agreement shall transfer into the Agreement for an indefinite period with each Party’s right to terminate this Agreement with one month’s notice, effective at the last day of the monthly cycle in which the notice period expires, if it is provided by the Licensor in a manner inconsistent with these Rules.
8.2. In the event of a delay in payment of any invoice issued by Licensor to the Licensee in accordance with the Agreement, lasting longer than 10 days, Licensor will be entitled to suspend the possibility if using the Software until the receipt of payment of a given invoice.
8.3. In the event of a delay in payment of any invoice issued by Licensor to the Licensee in accordance with the Agreement, lasting longer than 30 days, Licensor may terminate the Agreement with immediate effect, retaining the remuneration already paid by the Licensee to Licensor. In the event referred to in the preceding sentence, the Licensee is obliged to pay the remuneration for the time remaining until the date of termination of the Agreement.
9.
9.1. Any amendments hereto shall be made in documentary form, otherwise null and void.
9.2. Any issued not provided for in this Agreement shall be governed by the Rules and the provisions of the Polish law, in particular the Polish Civil Code and the Law on Copyright and Related Rights.
9.3. This Agreement shall be governed by the Polish law, and any disputes shall be resolved by the common court of law competent for the registered seat of the Licensor.
9.4. For the purposes of this Agreement, documentary form shall mean statements of intent made by the Parties’ representatives by e-mail. The statements made by the Licensee to the Licensor shall be submitted to the e-mail address: legal@storware.eu.
STORWARE SOFTWARE LICENSE AGREEMENT – FREE
Before you start using the Storware software (hereinafter: “Software”), please read this Storware Software License Agreement (hereinafter: “Agreement”). By accepting the contents of the Storware Electronic Services Rules (hereinafter: the “Rules”) and of the Agreement you assume the status of the Licensee and approve all the conditions set out in the Rules and the Agreement. If the Licensee does not accept all the provisions of the Agreement, he cannot install the Storware Software in full or in any part.
This Agreement is made by and between:
(1) A natural person conducting a business activity, a legal person or an organizational unit without legal personality who has concluded a Storware Software License Agreement and during its installation confirmed his acceptance of the conditions of this Agreement and the Rules, in an electronic form (hereinafter: the “Licensee”),
and,
(2) STORWARE Spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, Łopuszańska Street 32, 02-220 Warsaw, registered by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000510131, REGON: 147255967, NIP: 5213672602, (hereinafter: the “Licensor”),
hereinafter jointly referred to as “the Parties”.
1.
1.1. The terms written with capital letters at the beginning, not defined in this Agreement have the meaning as established in the Rules.
1.2. The Licensor hereby provides the Licensee with a license to use the Software (hereinafter: “License”). The License shall cover also the documentation attached to the Software and all developments, modifications, new versions and updates of the Software developed by the Licensor and made available to the Licensee by the Licensor according to the rules specified in this Agreement and in the Rules. The links below provide access to the software documentation:
a). Storware Backup and Recovery – https://storware.gitbook.io/backup-and-recovery/;
1.3. Only an entity obtaining the License in direct connection with its business activity can be a Licensee.
1.4. The Software shall be provided to the Licensee by the Licensor in an electronic form, without any carrier.
1.5. The Rules set out the manner of conclusion of Agreement as well as the purchase of the Renewal service.
2.
2.1. The Licensor hereby grants the Licensee a limited, non-transferable and non-exclusive License to the Software for an indefinite period, under the terms and conditions set out in the Agreement, the Rules and in POE. The License is granted by the Licensor commencing from the date of installation of Software. The manner of installation is set out in the Rules. In the event of differences between the content of the Agreement, the Rules and POE, the provisions of POE shall prevail.
2.2. The License is hereby granted on the fields of use solely specified in this Clause. 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.
2.3. The Licensee is authorized, without any additional fee, to download updates related to the Software. Using any Software versions and/or updates is governed by this Agreement and by the Rules, and all and any Software updates are treated as a part of Software.
2.4. No updates of the Software shall be installed automatically. The Licensee shall be informed by the Licensor of any available updates and of the method to download the same.
2.5. The Software, any third-party software, documentation, interfaces, content, fonts, extensions and any data accompanying the License whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to the Licensee by the Licensor for use only under the terms of the License. The Licensor and/or its licensors retain ownership of the Software itself and reserve all rights not expressly granted to the Licensee.
3.
3.1. The Licensee may use the Software solely in the manner defined in the Rules, the License Agreement and POE. The Licensee shall be prohibited to issue further licenses (sublicenses) for the Software and to sell or provide it 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. 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 in documentary form under the pain of nullity.
3.2. 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. Decompilating, disassembling and adaptation of the Software, attempting to derive the source code of the Software, decrypt, modify, or create derivative works, as well as making any changes and modifications in the Software is strictly forbidden without obtaining the prior consent of the Licensor in documentary form, except as provided in Clause 3.3. below.
3.3. 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 Sec. 4 pt. 1 and 74 Sec. 4 pt. 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 copy of the Software or by another person acting on their behalf,
b) the information necessary to achieve interoperability was not previously readily available to the persons referred to in the letter a above,
c) such activities pertain only to those parts of the original Software which are necessary to achieve interoperability.
3.4. The information referred to in Clause 3.3 above cannot be:
- used for purposes other than achieving interoperability of an independently developed computer program;
- transferred to other persons, unless required for to achieve interoperability of an independently developed computer program;
- used for the development, production or marketing of a computer program with significantly similar form of expression or for other activities that infringe copyright.
3.5. The Licensee undertakes not to use, copy, imitate or affix Licensor’s trademarks, utility models, industrial designs, company name or Software name to the Software or any of its components 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, via the Software or using the Software.
3.6. The Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, in any manner, and the Licensee shall not exploit the Software in any unauthorized way whatsoever, including but not limited to, using the Software to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
3.7. If the Licensee uses other suppliers’ software that affects the operation of the Software the Licensee hereby acknowledges that this circumstance shall lead to the exclusion of any liability of the Licensor towards the Licensee, including the loss of rights to demand any compensation on any grounds from the Licensor and to assert any other claims against the Licensor.
4.
4.1. The Software includes programs of third parties used by the Licensor according to the License provisions concerning such programs. A list of the programs of third parties included in the Software can be found here: www.storware.eu/support/3rdpartyproducts.
4.2. Upon each request of the Licensor, within 3 working days since the request, the Licensee shall grant the Licensor access to the Software and the Licensee’s hardware platform in the manner agreed between the Licensee and the Licensor in order to verify whether the License is used according to the Agreement.
4.3. The Licensee hereby acknowledges that the Licensor is solely responsible for the Software. The Licensee shall not contact or report any doubts or claims to any third parties whose software was used in the Storware Software.
5.
5.1. Should the terms and conditions of the Agreement or the Rules be not observed, the Licensor can terminate the License Agreement or the Renewal agreement with an immediate effect. The notice on the termination of the Agreement shall be in writing, otherwise null and void. If the Agreement is terminated by the Licensor for the reasons specified in this Clause the Licensee shall return to the Licensor any copies of the Software and any relative documents held by the Licensee.
5.2. Notwithstanding the termination of the Agreement referred to in Clause 5.1 above the Licensor has the right to block the use of the Software by the Licensee if the Licensor finds that the Licensee glaringly infringes the provisions of the License Agreement or the Rules.
6.
6.1. The Licensee hereby acknowledges that he is the only entity responsible for the data the back-up copy of which was made with the use of the Software and accepts the fact that the Licensor does not bear any liability for the removal or the failure to store any content or any other contents maintained or sent with the use of the Software.
6.2. The Licensor shall not be held liable for the Software’s fitness for the purposes assumed by the Licensee.
6.3. The Licensee hereby declares that it understands and accepts that the Licensor 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; (II) the cost of purchase of goods and services, data, information, as well as received messages or transactions concluded with the use of or via the Software; (III) the access of unauthorized persons to the Licensee’s transmissions or data, (IV) the use and access to the Internet.
6.4. The Licensor’s liability under the statutory warranty with regard to the Software and the provision or non-provision of technical support of technical support is excluded.
6.5. Under no circumstances shall the Licensor be liable for lost profits resulting from the Licensee’s use of the Software.
6.6 Should the Software be modified by the Licensee or a third party, excluding the update thereof in accordance with the notifications submitted by the Licensor to the Licensee, the Licensor 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.
6.7. The Software is provided ‘as is’ without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. The Licensor shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising in any way out of the use, distribution, or performance of the Software, even if advised of the possibility of such damages. The Licensee acknowledges that the Software may not be error-free or uninterrupted. The Licensee assumes all risks and responsibility for any losses, damages, or expenses resulting from their use of the Software.
6.8. The Licensor shall not be held responsible for the failure to operate or improper operation of the Software on the Licensee’s devices, in particular due to the devices used by the Licensee, the Licensee’s use of other computer programs and setting Internet connections.
6.9. Under no circumstances shall the Licensor be liable for data lost during the use of Software or for any other negative consequences for the Licensor resulting from the Licensee’s use of the Software.
6.10. In any case, the total liability of the Licensor under this Agreement shall be limited to the maximum amount of fifty dollars (50.00$).
7.
7.1. The Licensee shall not provide any third parties with access to the information included in the documentation connected with the Software. The Licensee shall keep secret any information obtained for the purpose of handling the Software, concerning the Licensor or its business.
7.2. The Licensee shall be responsible for his own application of the Software and for its application by his employees and subordinates used thereby.
7.3. The Licensee shall bear full and unlimited liability if he breaches the Agreement, in particular in respect of the scope of the License.
8.
8.1. Any amendments hereto shall be made in writing, otherwise null and void.
8.2. Any issued not provided for in this Agreement shall be governed by the Rules and the provisions of the Polish law, in particular the Polish Civil Code and the Law on Copyright and Related Rights.
8.3. This Agreement shall be governed by the Polish law, and any disputes shall be resolved by the common court of law competent for the registered seat of the Licensor.
8.4. For the purposes of this Agreement, documentary form shall mean statements of intent made by the Parties’ representatives by e-mail. The statements made by the Licensee to the Licensor shall be submitted to the e-mail address: legal@storware.eu.
STORWARE SOFTWARE LICENSE AGREEMENT – TRIAL
Before you start using the Storware software (hereinafter: “Software”), please read this Storware Software License Agreement (hereinafter: “Agreement”). By accepting the contents of the Storware Electronic Services Rules (hereinafter: the “Rules”) and of the Agreement you assume the status of the Licensee and approve all the conditions set out in the Rules and the Agreement. If the Licensee does not accept all the provisions of the Agreement, he cannot install the Storware Software in full or in any part.
This Agreement is made by and between:
(1) A natural person conducting a business activity, a legal person or an organizational unit without legal personality who has concluded a Storware Software License Agreement and during its installation confirmed his acceptance of the conditions of this Agreement and the Rules, in an electronic form (hereinafter: the “Licensee”),
and,
(2) STORWARE Spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, Łopuszańska Street 32, 02-220 Warsaw, registered by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000510131, REGON: 147255967, NIP: 5213672602, (hereinafter: the “Licensor”),
hereinafter jointly referred to as “the Parties”.
1.
1.1. The terms written with capital letters at the beginning, not defined in this Agreement have the meaning as established in the Rules.
1.2. The Licensor hereby provides the Licensee with a license to use the Software (hereinafter: “License”). The License shall cover also the documentation attached to the Software and all developments, modifications, new versions and updates of the Software developed by the Licensor and made available to the Licensee by the Licensor according to the rules specified in this Agreement and in the Rules. The links below provide access to the software documentation:
a). Storware Backup and Recovery – https://storware.gitbook.io/backup-and-recovery/;
1.3. Only an entity purchasing the License in direct connection with its business activity can be a Licensee.
1.4. The Software shall be provided to the Licensee by the Licensor in an electronic form, without any carrier.
1.5. The Rules set out the manner of conclusion of Agreement as well as the purchase of the Renewal service.
1.6. By concluding an Agreement, the Parties shall specify in particular the type of Software (Storware Backup and Recovery and the technical Standard Support), in accordance with the provisions of the Rules.
2.
2.1. The Licensor hereby grants the Licensee a limited, non-transferable and non-exclusive License to the Software for a period of 60 days with the possibility of extending this period, under the terms and conditions set out in the Agreement and the Rules. The License is granted by the Licensor for 60 days commencing from the date of installation of Software. The manner of installation is set out in the Rules. In the event of differences between the content of the Agreement and the Rules, the provisions of Agreement shall prevail.
2.2. If the Licensee wishes to extend the License beyond the initial 60-day Trial Period, the Licensee may do so for an additional license period. The terms and conditions for such license extension shall be determined by the Licensor and communicated separately to the Licensee, in accordance with the Rules. Upon expiration, Licensee must cease all use of the Software and promptly uninstall and return or destroy all copies of the Software.
2.3. The License is hereby granted on the fields of use solely specified in this Clause. 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.
2.4. The Licensee is authorized, without any additional fee, to download updates and technical support services related to the Software. Using any Software versions and/or updates is governed by this Agreement and by the Rules, and all and any Software updates are treated as a part of Software.
2.5. No updates of the Software shall be installed automatically. The Licensee shall be informed by the Licensor of any available updates and of the method to download the same.
2.6. The Licensee can obtain the technical support connected with the Software by contacting the Licensor in a manner specified in the Rules.
2.7. The Software, any third-party software, documentation, interfaces, content, fonts, extensions and any data accompanying the License whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to the Licensee by the Licensor for use only under the terms of the License. The Licensor and/or its licensors retain ownership of the Software itself and reserve all rights not expressly granted to the Licensee.
3.
3.1. The Licensee may use the Software solely in the manner defined in the Rules and the License Agreement. The Licensee shall be prohibited to issue further licenses (sublicenses) for the Software and to sell or provide it 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. 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 in documentary form under the pain of nullity.
3.2. 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. Decompilating, disassembling and adaptation of the Software, attempting to derive the source code of the Software, decrypt, modify, or create derivative works, as well as making any changes and modifications in the Software is strictly forbidden without obtaining the prior consent of the Licensor in documentary form, except as provided in Clause 3.3. below.
3.3. 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 Sec. 4 pt. 1 and 74 Sec. 4 pt. 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 copy of the Software or by another person acting on their behalf,
b) the information necessary to achieve interoperability was not previously readily available to the persons referred to in the letter a above,
c) such activities pertain only to those parts of the original Software which are necessary to achieve interoperability.
3.4. The information referred to in Clause 3.3 above cannot be:
- used for purposes other than achieving interoperability of an independently developed computer program;
- transferred to other persons, unless required for to achieve interoperability of an independently developed computer program;
- used for the development, production or marketing of a computer program with significantly similar form of expression or for other activities that infringe copyright.
3.5. The Licensee undertakes not to use, copy, imitate or affix Licensor’s trademarks, utility models, industrial designs, company name or Software name to the Software or any of its components 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, via the Software or using the Software.
3.6. The Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, in any manner, and the Licensee shall not exploit the Software in any unauthorized way whatsoever, including but not limited to, using the Software to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity.
3.7. If the Licensee uses other suppliers’ software that affects the operation of the Software the Licensee hereby acknowledges that this circumstance shall lead to the exclusion of any liability of the Licensor towards the Licensee, including the loss of rights to demand any compensation on any grounds from the Licensor and to assert any other claims against the Licensor.
4.
4.1. The Software includes programs of third parties used by the Licensor according to the License provisions concerning such programs. A list of the programs of third parties included in the Software can be found here: www.storware.eu/support/3rdpartyproducts.
4.2. Upon each request of the Licensor, within 3 working days since the request, the Licensee shall grant the Licensor access to the Software and the Licensee’s hardware platform in the manner agreed between the Licensee and the Licensor in order to verify whether the License is used according to the Agreement.
4.3. The Licensee hereby acknowledges that the Licensor is solely responsible for the Software. The Licensee shall not contact or report any doubts or claims to any third parties whose software was used in the Storware Software.
5.
5.1. Should the terms and conditions of the Agreement or the Rules be not observed, the Licensor can terminate the License Agreement or the Renewal agreement with an immediate effect without the Licensee’s right to return remuneration in full or in part. The notice on the termination of the Agreement shall be in writing, otherwise null and void. If the Agreement is terminated by the Licensor for the reasons specified in this Clause the Licensee shall return to the Licensor any copies of the Software and any relative documents held by the Licensee.
5.2. Notwithstanding the termination of the Agreement referred to in Clause 5.1 above the Licensor has the right to block the use of the Software by the Licensee if the Licensor finds that the Licensee glaringly infringes the provisions of the License Agreement or the Rules.
6.
6.1. The Licensee hereby acknowledges that he is the only entity responsible for the data the back-up copy of which was made with the use of the Software and accepts the fact that the Licensor does not bear any liability for the removal or the failure to store any content or any other contents maintained or sent with the use of the Software.
6.2. The Licensor shall not be held liable for the Software’s fitness for the purposes assumed by the Licensee.
6.3. The Licensee hereby declares that it understands and accepts that the Licensor 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; (II) the cost of purchase of goods and services, data, information, as well as received messages or transactions concluded with the use of or via the Software; (III) the access of unauthorized persons to the Licensee’s transmissions or data, (IV) the use and access to the Internet.
6.4. The Licensor’s liability under the statutory warranty (rękojmia) with regard to the Software and the provision or non-provision of technical support of technical support is excluded.
6.5. Under no circumstances shall the Licensor be liable for lost profits resulting from the Licensee’s use of the Software.
6.6 Should the Software be modified by the Licensee or a third party, excluding the update thereof in accordance with the notifications submitted by the Licensor to the Licensee, the Licensor 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.
6.7. The Software is provided ‘as is’ without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. The Licensor shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising in any way out of the use, distribution, or performance of the Software, even if advised of the possibility of such damages. The Licensee acknowledges that the Software may not be error-free or uninterrupted. The Licensee assumes all risks and responsibility for any losses, damages, or expenses resulting from their use of the Software.
6.8. The Licensor shall not be held responsible for the failure to operate or improper operation of the Software on the Licensee’s devices, in particular due to the devices used by the Licensee, the Licensee’s use of other computer programs and setting Internet connections.
6.9. Under no circumstances shall the Licensor be liable for data lost during the use of Software or for any other negative consequences for the Licensor resulting from the Licensee’s use of the Software.
6.10. In any case, the total liability of the Licensor under this Agreement shall be limited to the remuneration for which the Licensee purchased the License from the Licensor.
7.
7.1. The Licensee shall not provide any third parties with access to the information included in the documentation connected with the Software. The Licensee shall keep secret any information obtained for the purpose of handling the Software, concerning the Licensor or its business.
7.2. The Licensee shall be responsible for his own application of the Software and for its application by his employees and subordinates used thereby.
7.3. The Licensee shall bear full and unlimited liability if he breaches the Agreement, in particular in respect of the scope of the License.
8.
8.1. Any amendments hereto shall be made in writing, otherwise null and void.
8.2. Any issued not provided for in this Agreement shall be governed by the Rules and the provisions of the Polish law, in particular the Polish Civil Code and the Law on Copyright and Related Rights.
8.3. This Agreement shall be governed by the Polish law, and any disputes shall be resolved by the common court of law competent for the registered seat of the Licensor.
8.4. For the purposes of this Agreement, documentary form shall mean statements of intent made by the Parties’ representatives by e-mail. The statements made by the Licensee to the Licensor shall be submitted to the e-mail address: legal@storware.eu.