TERMS AND CONDITIONS OF THE STORWARE LICENSE
STORWARE SOFTWARE LICENSE AGREEMENT
Before you start using the Storware software (“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 ‘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/she/it 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 organisational unit without legal personality who has concluded a Storware Software License Agreement and during its installation confirmed his/her/its acceptance of the conditions of this Agreement and the Rules, in an electronic form (hereinafter: the “Licensee”),
(2) STORWARE spółka z ograniczona odpowiedzialnością with its 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. 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 License 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/;
Only an entity purchasing the License in direct connection with his/her/its business activity can be a Licensee.
1.3. The Software shall be provided to the Licensee by the Licensor in an electronic form, without any carrier.
1.4. The Rules set out the manner of conclusion of Agreement and purchase of the Renewal service.
1.5. 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 License model (Free, Trial, Commercial including technical support variant, Commercial Subscription), in accordance with the provisions of the Rules, as well as the duration if it does not follow from the License model.
2.1. The Licensor hereby grants the Licensee a limited and non-exclusive License to the Software for the time that follows from the License model defined in the Rules and indicated in POE, under the terms and conditions set out in the Agreement, the Rules and in POE. The License is granted by Storware as of the day of submission of the License key. The manner of installation is set out in the Rules.
2.2. The License is hereby granted on the fields of use specified in this Clause. The Licensee shall be entitled to use the Software on the following fields of use: temporary reproduction of the Software to the extent necessary to display, apply, introduce and store, as well as to normally exploit the Software with the use of mobile devices and computers with an access to the Software (i.e. to display, apply, introduce and store the Software in the computer memory, on a server and on mobile devices), to prepare the Software back-up copy, if it is necessary to use a computer programme, provided that the copy cannot 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 and resulting from a selected License model specified in POE.
3.1. The Licensee can use the Software only in the manner specified in this Agreement, the Rules and in POE. The Licensee cannot grant any further Licenses to the Software (sublicenses) or dispose of and make available in any form, including lease, letting, lending for gratuitous or paid use of the Software (including any of its updates), any carriers on which the Software was recorded and the related documentation if the Licensee uses the Software at the same time. The Licensee shall not distribute or develop any derivative works or computer programmes based on the Software, in full or in part, unless the Parties agree otherwise in a separate agreement.
3.2. The Licensee shall not reverse engineer or disassemble the Software or in any other manner attempt to find the source code or the manner of the creative arrangement of the particular components of the Software. Decompilation, disassembly or adaptation of the Software and making any changes or modifications to the Software without the consent of the Licensor granted in writing shall be prohibited, subject to the provisions of Clause 3.3.
3.3. Multiplication of the code or translation of its form in the meaning of Art. 74 Clauses 4.1 and 4.2 of the Law on Copyright and Related Rights of 4 February 1994 shall not require any consent of the Licensor if it is necessary to obtain information required to ensure interoperability of an independently developed computer programme with other computer programmes, provided that the following conditions are fulfilled:
a) such activities are performed by the Licensee or another person authorised to use a copy of the Software or by another person operating on their behalf,
b) the information necessary to ensure interoperability was not easily accessible to the persons referred to in letter a above before,
c) such activities refer to the parts of the original Software that are necessary to ensure interoperability.
3.4. The information referred to in Clause 3.3 above cannot be:
- used for any purposes other than ensuring interoperability of an independently developed computer programme;
- provided to other persons unless it is necessary to ensure interoperability of an independently developed computer programme;
- used to develop, create or introduce to the market a computer programme of a significantly similar form of expression or to perform any other actions infringing copyright.
3.5. The Licensee shall not use, copy or imitate and shall not attach to the Software or to any of its components the trademark, the industrial design, the company name or the name of the Software in a manner that is misleading to third parties. Moreover, the Licensee shall not remove, hide or change the information about copyright or the company marks of the Licensor or any third parties or any other information about proprietary rights connected with the Software, included in the Software or made available in connection with the Software or via the Software.
3.6. 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.
4.1. The Software includes programmes of third parties used by the Licensee according to the License provisions concerning such programmes. A list of the programmes 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.
5.1. Should the terms and conditions of the Agreement or the Rules be not observed the Licensor can terminate the License Agreement or the Renewal Service 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.
5.3. In addition, the Commercial Subscription License and the Renewal Service Agreement may be terminated under the terms and conditions set forth in the Rules.
6.1. The Licensee hereby acknowledges that he/she/it 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 represents that he/she/it understands and accepts that the Licensor and its Partners shall not be liable towards the Licensee for any indirect, direct, consequential, special or punitive damages, including damages for lost profits, reputation, ability to use data or any other non-material damages resulting from: (i) improper use or inability to use the Software; (ii) cost of purchase of goods and services, data, information, as well as information received or transactions made with the use or via the Software; (iii) access of unauthorised persons to the Licensee’s transmission or data, (iv) use or access to the Internet.
6.4. The Licensor hereby disclaims its liability under warranty in respect of the Software and the provision or non-provision of technical support.
6.5. In the case of any modifications of the Software introduced by the Licensee or any third party, excluding any updates of the availability of which the Licensor informs the Licensee, the Licensor shall not be responsible for the improper operation of the Software and any other consequences caused by the modifications of the Software made by the Licensee.
6.6. 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 programmes and setting Internet connections.
6.7. In no case should the Licensor be responsible for the data lost during the use of the Software or for any other, unfavourable to the Licensee consequences of the use of the Software by the Licensee.
6.8. In each case the total liability of the Licensor hereunder shall be limited to the amount of the fee for which the Licensee purchased the License from the Licensor.
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/her/its own application of the Software and for its application by his/her/its employees and subordinates used thereby.
7.3. The Licensee shall bear full and unlimited liability if he/she/it breaches the Agreement, in particular in respect of the scope of the License.
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. The location of the Licensor’s registered seat shall be the place of the conclusion hereof.