- General provisions
This Licence Agreement (hereinafter referred to as the “Agreement” is made between Jan Sulavik (hereinafter referred to as the “Licensor”), the author of the computer program VocabularyFIRST (hereinafter referred to as the “Program”) and the user (physical or legal entity) of the Program, as a legal owner of the computer where the Program is installed, or a person who, while not an owner, is authorized to use and install software on a computer (hereinafter referred to as the “Licensee”). The Agreement sets the rights and duties of the Licensor and Licensee (hereinafter referred to as the “Agreement parties”) related to use of the Program.
Licensee acknowledges that the Agreement is made effective from the moment the Licensee accepts it before actual installation of the Program by pressing the “I agree” button during installation, download, copying or using the Program. In case you do not agree with these conditions, press the “I disagree” button, cancel the installation or download and do not use the Program.
- Scope and grant of license
Licensee acknowledges that this Agreement does not transfer the Program copyright and other related rights from Licensor over to Licensee, on an at-cost basis, but rather grants Licensee a right to use the Program. In accordance with this Agreement, Licensor grants and Licensee accepts a non-exclusive right to use the Program. Licensee hereby agrees with limitations to the use of the Program.
This Agreement does not allow Licensee to:
– lease, rent, copy, distribute, sublet to a third party or otherwise profit from the Program;
– modify, process, amend in any way, remove its parts, reverse engineer, decompile, transfer to machine code, create technical modifications of the Program, or otherwise interfere with its inner structure;
– use the knowledge about ideas, procedures, structure, algorithm, used methods, which the Program contains and based on which it runs, not even if Licensee obtained these during authorized use. This know-how cannot be used for development, creation and commercial purposes of a similar computer software or in any way that would endanger or violate author’s right and trade interests of Licensor;
– include the Program or its parts into own products or products of third parties, create and distribute derivatives;
– use the Program for commercial web services;
– remove the copyright label, amend or transfer the right to others or designate himself, or a third party, as the author of the Program;
Licensor and his subcontractors reserve all rights to the Program, except for the rights granted to Licensee by this Agreement.
Licensor and/or subcontractors are sole owners of the personal and property rights to the Program as well as its parts. Copyright and other related rights to the Program are protected by the law, subject of which are legal regulations and copyright protection, as well as international agreements on copyright and other laws and agreements related directly or indirectly to intellectual property and its protection.
Licensee, using the Program in accordance with this Agreement, is entitled to receive current updates, provided such updates have been finished and published on Licensor’s website. Licensee acknowledges that installation of updates to the Program, released by Licensor, is necessary for optimal running of the Program, and therefore the Licensor shall not be held liable, should the Program fail to run correctly in case the Licensee does not install available updates of the Program in a timely and proper manner.
- Licensee’s data
Licensee acknowledges and agrees to receive technical and commercial information related to the Program and its derivative products, to contact addresses provided by Licensee in the Registration. The Licensee authorizes the Licensor to transmit, process and keep Licensee’s identification data. The Licensee acknowledges and agrees that during the Program’s communication with computer systems of Licensor or his commercial partners, data can be transmitted in order to ensure proper functionality and validity of the Program’s use.
- Technical and user support
Licensors does not guarantee technical and user support for the Program.
Licensee acknowledges and agrees that Licensor does not make any warranties with respect to the use of the Program, expressed or presumed and within the legal measure, and accepts the product “as is”. Licensor does not warrant that the Program will be running smoothly with no errors or interruptions, and that the Program shall suit all needs, requirements and expectations of Licensee’s.
- Limitation of liabaility
In no event, within the framework of the applicable law, will Licensor be held liable for direct or indirect damages, caused by installation, use or inability to use the Program on Licensee’s computer. Licensor, or his subcontractors, shall not be held liable for indirect, consequential, incidental, sanctional, criminal, special or exceptional damages or losses (especially loss and profits claims, data loss, program or trade information loss, privacy loss, interruption of the enterprise or business), that may arise out of or in any way be related to this Agreement or the Program. Some countries and legal systems do not allow waiver of damage liability but can allow a limited damage liability, the Licensor can therefore be held liable for any damages related to the Program limited to the amount paid by Licensee for the registered version of the Program.
- Termination of agreement and governing law
If any provision of this Agreement has been violated or not met, the Agreement shall terminate automatically. Licensee acknowledges that in case s/he fails to abide by the obligations of this Agreement or in case of unauthorized use of the Program, the Licensor, in order to protect his rights, can file a claim to the court and Licensee can be persecuted by the law for abuse of rights to use the Program. After the Agreement is terminated, Licensee shall destroy all copies of the Program, related to this Licence Agreement, and cease to use the licensed Program immediately. This Agreement shall become valid and effective at the time of its conclusion and has no time limitation.
Rights and duties, not specifically stated in this Agreement shall be governed by the law of the Slovak Republic. Licensor pronouncedly acknowledges that potential controversies or disputes between the Agreement parties arising from, connected with, or relating to this Agreement, shall be resolved by the court of the Slovak Republic.
Effective date: November 27, 2019