TERMS AND CONDITIONS OF USE OF THE WACADE PROGRAMME - NON-EXCLUSIVE LICENCE.
THE FOLLOWING TERMS AND CONDITIONS DEFINE THE RULES UNDER WHICH THE LICENSOR MAKES THE WACADE PROGRAMME AVAILABLE TO THE LICENSEE FOR USE.
IF THE LICENSEE DOES NOT AGREE TO THE RULES OF THESE TERMS AND CONDITIONS OR TO THE PROCESSING OF ITS PERSONAL DATA IN ORDER TO GRANT A LICENCE for a trial version or a non-exclusive contractual licence, IT CANNOT INSTALL NOR USE THE WACADE PROGRAMME IN A TRIAL VERSION OR UNDER THE CONTRACTUAL LICENCE.
EACH USE OF THE PROGRAMME CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW.
All copyrights in the Programme are held by the Licensor and are protected by law. It is forbidden to use the Programme - Licensor's copyrights in breach of these Terms and Conditions or, respectively, Terms and Conditions and the Agreement, including but not limited to: sharing, copying, altering, exercising subsidiary rights.
Terms and Conditions - these terms and conditions apply to any use of the WACADE Programme (hereinafter referred to as WACADE or the Programme) by the Licensee. A Licensing Agreement is additionally concluded for the use of the Programme by granting a licence for a fee or in a trial version.
Updates - new versions of the Programme, updates or corrections or bug fixes to the Programme.
Licence - the right granted to the Licensee by the Licensor under separate contractual provisions to use the Programme in accordance with the rules of these Terms and Conditions or as indicated in the Agreement, both in the trial version and under the Agreement - for the duration of the Licence. The right always includes a non-exclusive and non-transferable licence entitling the Licensee to use the Programme only in accordance with the rules stipulated in these Terms and Conditions or the Agreement.
Licensor - Piotr Goryniak conducting business activity under the business name: Piotr Goryniak ZHU, ul. Długa 6, Luboń 62-030 NIP No [Tax ID No]: 7830005088
Licensee - any user of the Programme, natural person or legal entity, who comes into possession of the Programme for use in a trial version or for the duration of the Licence;
Programme - the WACADE computer programme with accompanying documentation and enclosures in any form.
Terms and Conditions - this document setting out the rules for the use of the Programme; each time the Licensee uses it, means that the Licensee accepts it in full.
Work - any work or part thereof, the result of the Licensee's operations performed using the Programme, design or visualisation created with the use of the Programme, regardless of the form of its recording, reading or user media.
Agreement - a separate agreement for the use of the Programme - granting the right to use the Programme by the Licensee under the rules specified therein (trial version - or Agreement for the period of use of the Programme by the Licensee under the rules specified therein - for a fee, each for a period agreed by the parties).
The Licensor is the sole owner of the Programme (economic copyright) for which the Licensor grants a Licence (non-exclusive and non-transferable) to use the Programme in the trial version or under the Agreement in accordance with the rules set forth in these documents.
The Licensee acknowledges and fully accepts that:
1.1. The Licensor is the sole owner of the proprietary copyrights to the Programme, and the Licensee shall only be entitled to use the Programme according to the rules stipulated in the Terms and Conditions and the separate Agreements, but shall always be at most a non-exclusive Licensee, without the right to transfer the rights to the Programme. The Licensor shall retain all rights not expressly granted to the Licensee in the Terms and Conditions or the separate Agreement.
1.2 The product is protected by law, including the Act on Copyright and Related Rights.
1.3. All copies of the Programme, no matter how made, are the property of the Licensor. The Licensee declares that it shall not question in any way the Licensor's rights to the Programme, nor shall it use it in any other way or for any other purpose than that stated in the Terms and Conditions or the Agreement, and furthermore that it shall take all steps to prevent the use of the Programme used by it - to protect access against unauthorised use by unauthorised persons.
1.4. The Licensee declares and accepts that it is responsible for the security of the computer or other devices on which the Programme is used, including in case of loss of control over them, loss of equipment, and takes full responsibility for the security of its clients' data used by the Programme and acknowledges that it is the controller of their personal data. The Licensee, in order to activate the Programme, as well as randomly every few runs of the Programme, is obliged to connect the device on which the Programme is installed to the Internet - in order to use the Programme.
1.5. The software enabling the use of the Programme is indicated in the following section, and the Licensee declares that it owns the rights to the aforementioned original software and uses it only under the licences granted by the respective licensor.
1.6. Requirements for device screen resolution: 1920x1080, 64GB RAM, 32GB graphics card and Windows 10, Internet access. The Licensor points out that the Programme recognises and reads the unique device on which the Programme is installed and will not run on a different or modified device. Therefore, it is not possible to transfer the Programme to another device, which the Licensee fully understands and accepts, and the Licensee does not raise any objection or comment in this regard, likewise in case of loss of or damage to this device.
1.7. The Licensee installs the Software at its own risk, and before installing the Software it must ensure that its hardware and software will not cause a conflict with the Programme in the IT environment - the Licensor has no knowledge of the Licensee's IT environment - and before installing the Programme, the Licensee undertakes to back-up and archive its data and to take other measures to secure its data against loss. The Licensor shall not be responsible for any omissions or actions by the Licensee in this regard or for the accuracy of such actions, lost data or the deletion of data from the computer environment, with the exception of liability for the Programme.
1.8. The Licensee must immediately report any malfunctioning of the Programme to the Licensor via the website www.wacade.com.
1.9. The Licensor declares and the Licensee fully accepts and is aware of the fact that the Programme only facilitates the design work and helps to correctly obtain the measurements, however the Licensor shall not be responsible for the data presented, its correctness, colouring, type, availability, data entered - the data in the Programme is only of an auxiliary, illustrative nature, supporting the work of the Licensee.
1.1.1. The Licensor of the Programme reserves the right, after installation and start-up of the Programme by the Licensee, to collect data and individual features of: the computer (serial number, mac, etc.), Software, system - data identifying the Licensee: name and surname, company name, address, NIP No [Tax ID No] etc. - licence payment date, software configuration and operation of the Programme or other data necessary to perform the subject matter of the Agreement concerning the application on the Licensee's device - solely for the purpose of properly performing the subject matter of the Agreement through periodic automatic sending of samples - running in the background of the Programme application, to which the Licensee hereby gives its full consent. The Programme enables the automatic sending of configuration data, diagnostic and system errors, notifications of user comments related to the operation of the Programme to the Licensor, which is hereby fully accepted by the Licensee.
1.1.2. The Programme Licensor will not take any personal information of Licensee's clients or other confidential information from Licensee's client database at any time.
2.1. The Licensor grants the Licensee a non-exclusive License to use the Programme in accordance with the Terms and Conditions or the Agreement and the Licensee accepts it under the rules indicated in the Terms and Conditions or the Agreement in Europe.
2.2. The Programme supports databases, including materials, equipment and furniture, and uses the proprietary designs, names and trademarks of third parties. By using the Programme, the Licensee does not acquire any rights to any use of such products, designs, names, trademarks and other works of third parties other than in its own design work solely by means of the Programme. Any use of the aforementioned works of third parties by the Licensee beyond the scope mentioned above shall each time require separate arrangements and approval of such third party. The Licensee shall be fully liable to such third parties for its unlawful acts, to the exclusion of any liability on the part of the Licensor in this respect.
2.3. The Licensee is entitled to use the Programme solely for the purpose of using it and creating Works exclusively for its own use or using the Programme in design practice.
2.4. The Licensee does not have the right to copy and install the Programme, and it can install the trial version only once by the on one device.
2.5. The Licensee, for the purpose of updating the Programme, agrees to the interruptions necessary and required in the operation of the Programme and for the Programme to send the following data to the Licensor when the Internet connection is enabled: type of Licence, installation time, version number, language version, individual features of the device, operating system version, etc.
3.1. The Programme is launched using individual access data assigned to the Licensee.
3.2. After installing the Programme and entering the identification data, the Licensee generates a CODE in the Programme and sends it to the Licensor's e-mail address together with the proof of payment in case of a Licence for fee. The Licensor sends back the CODE with the Licence granted for a certain period of time. After the expiration of the Licence granted, the Programme is automatically blocked, which can be cancelled after renewing the Licence according to the above rules.
3.3 The Licensee is not permitted to change this data. The Licensee shall protect the access data from access by third parties and shall not pass it on to any third party. In the event of a breach of this provision by the Licensee, the Licensee shall be fully liable for the actions of third parties in the aforementioned circumstances as for its own actions or omissions.
4. RESTRICTIONS AND PROHIBITIONS, SANCTIONS
4.1. The Licensee may not use the Programme contrary to these Terms and Conditions or the Agreement, and in particular:
(a) adapt, modify, correct, apply changes to, model the Programme or any part of it,
b) distribute, copy, otherwise transfer or make the Programme or share the Programme or any part of it, rent, lease or loan the Programme or any part of it or transfer it to any third party regardless of the factual or legal basis, unless it results from a separate written Agreement, under pain of nullity
c) change, delete or in any way restrict the elements identifying the Programme, the Licensor or any third party indicated in the Programme, disclosed in the Programme or the Works.
4.2. In the event of a breach of any of the aforementioned provisions referred to in paragraphs 3 and 4, the Licensee shall pay the Licensor a contractual penalty in the amount of PLN 150,000 within 7 days of the payment request, to the account specified therein. The foregoing provision shall not preclude the Licensor from seeking from the Licensee compensation exceeding the amount of the agreed contractual penalty on general terms.
5. OTHER REGULATIONS
5.1. The Licence shall automatically expire at the end of its term. If the Licensee breaches any of the provisions of this Agreement or the Terms and Conditions, the Licensor shall be entitled to terminate the legal relationship and to exercise any other rights and remedies available to the Licensor in such situation. If the Licence is cancelled, the Licensee must immediately remove the Programme from the device or destroy it.
5.2 THE LICENSEE ACCEPTS THE PROGRAMME AS DELIVERED TO IT, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, UNLESS PROHIBITED BY APPLICABLE LAW. NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY LICENSOR OR THE APPLICABLE COPYRIGHT HOLDERS. NEITHER THE LICENSOR NOR ANY OTHER PERSON SHALL WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET THE REQUIREMENTS OF THE LICENSEE OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED. THE LICENSEE SHALL ASSUME ALL RESPONSIBILITY FOR SELECTING THE SOFTWARE SUITABLE TO ACHIEVE THE LICENSEE'S OBJECTIVES AND FOR THE INSTALLATION OF THE SOFTWARE, FOR ITS USE AND FOR THE CONSEQUENCES OF SUCH USE.
5.3. If any provision of the Terms and Conditions is invalid or otherwise legally defective, void or unenforceable, the remaining provisions of the Terms and Conditions shall be valid and effective and the invalid provision shall be replaced by another valid provision that most closely reflects the purpose of the replaced provision.
5.4. The parties agree that unless otherwise stipulated by mandatory provisions of law, the proper court to hear disputes between the parties is the Polish court in Poznań, and the applicable law is Polish law.
Acceptance of the provisions of these Terms and Conditions is a necessary condition for the use of the Programme.