License Agreement

This License Agreement (the “License”) is a legally valid agreement between the Licensee and media-press.tv S.A. with its registered office in Krakow, tax number (NIP): 9541980440 hereinafter referred to as the Licensor.

This lays down the conditions for and legal restrictions to the use of the Licensor’s products, hereinafter referred to as the “Software”, which shall be understood as computer programs together with all of their component parts such as: Master console, Statlook Web, Server, remote Agent modules, scanning module (external scanner) and any related media. The Software shall be protected by the Polish and international copyright and intellectual property right laws.

Subject of Agreement.

1. The Licensor shall grant the Licensee a non-exclusive license to use the Software.
2. By granting the license the Licensor shall authorize the Licensee to use the Software according to its purpose through installing it on a number of computers and in the configuration defined by the Statlook License Certificate or the Software purchase note or any other document binding upon the Parties hereto.
3. The Software License shall also cover the right to use the Documentation provided together with the Software to the Licensee.

License Fee

4. The Licensee shall pay the Licensor a single license fee. The License shall become effective upon receipt of the full license fee by the Licensor, unless otherwise provided by this Agreement or other arrangements between the Parties hereto.

Copyrights

5. The Licensor is the creator of the Software. Only the Licensor shall be authorized to exercise the Software copyrights.
6. The Licensor shall provide the Licensee with a copy of the Software to be exclusively used by the Licensee. The Licensee shall have the right to use the Software according to its purpose on computer hardware the type and configuration of which are defined by the Documentation.
7. The copyrights, patent, trade name, trademark, logo and any other intellectual or industrial property rights as well as any other equivalent rights protecting the Software related information shall remain the exclusive property of the Licensor. None of the provisions of this Agreement shall be construed as the act of the assignment of all or part of the rights described above.

Operation Fields

8. Under this License the Licensee shall be authorized to use the Software in the following operation fields, on the terms and conditions defined by this Agreement:
   8. 1. input of data into the computer memory;
   8. 2. adjustment of the Software to the hardware configuration, save as provided by Article 12.

Restrictions

9. The Licensee shall not install the Software with a number of computers higher than the number covered by the Software configuration defined by the Statlook License Certificate or the Software purchase note or any other document binding upon the Parties. This restriction shall also apply to the scanning module (“external scanner”), which may not be applied in a number of computers higher than the number of remote Agent monitoring modules specified in the Software configuration.
10. Any remote use of the Software (in terminal session mode and/or using Statlook Web) is possible, but only under the following conditions:
    10. 1. Master console / Statlook Web - for each purchased Master license, the Software may be used concurrently by only one user with administrative privileges
    10. 2 Agent - the number of Agent licenses cannot be lower than the number of end users (number of users entered in the Users module)
    10. 3. GDPR module - the number of Agent licenses cannot be lower than the number of end users (number of users entered in the Users module)

11. The Licensee shall not rent, lease, lend or resell the Software, the Documentation or any copy thereof to any third parties or otherwise transfer the rights to use the Software to any third parties.
12. Any recompilation, disassembly and any other modification of the Software as well as any use of the Software or any part thereof in any other software shall be prohibited. Any use of the Software to create publications or studies shall also be prohibited without distinct approval by media-press.tv S.A.
13. The Licensee shall not be authorized to grant any sublicense.
14. The Licensee shall have the right to make copies of the Software only for the purpose of archiving or backup, provided that any such copies are not used together with the Software at the same time. The Licensee may not, without prior approval by the Licensor in writing, make any other copies of the Software or cause the same to be made.
15. An Extension License may be granted to a Licensee - which changes the configuration of the Software that is the subject of the Extension (the Primary License), making it
    15. 1 The Extension License is only valid with a valid Primary License authorizing the use of the Software in the same version as the Extension Software.
    15. 2 After the Extension License is granted a new License Agreement Certificate is issued, which contains the current Software configuration and the previously issued Certificate becomes invalid.

Warranty

16. The Licensee shall be entitled to a limited Software warranty for a period of 90 days from the purchase and to cost-free assistance and technical information to be provided electronically. The limited warranty shall apply to absence of any unauthorized codes and functional conformity of the Software with the Documentation. The Limited Warranty shall not apply to the total fault-free operation of the Software.

Servicing

17. Servicing to be provided by media-press.tv S.A. shall cover Consulting and Service.
18. The Consulting shall mean replying via electronic mail to any inquiry made by the Licensee about the use of the Software.
19. The Service shall mean providing the Licensee with appropriate updates for the version of the Software covered by this License. Updates shall be made available for download or on request by contacting Technical Support. The Licensor shall not be obliged to inform the Licensee about any new updates.
20. After installing the said update the Licensee may not make any further use of the Software covered by the update, unless it is used as a part of the updated Software.
21. Servicing shall not cover the development of specimen documents and reports, the definition of data import and connections with any third party software; on-site consulting and any activities unrelated to the Software, such as service and consulting for computer hardware and networks as well as software provided by suppliers other than the Licensor.

Software NFR “Not for Resale” Version

22. The Software marked “NFR” or “Not for Resale” shall be used for tests and presentations only and may not, at any time, be sold or otherwise transferred.

Software Demonstration or TRIAL Version

23. The Software marked “Demonstration Version”, “Demo” or “TRIAL” shall be used for tests and presentations only and may not, at any time, be sold or otherwise transferred against consideration.
    23. 1. Under no circumstances may it be sold or otherwise transferred for remuneration.
    23. 2.The demonstration version of the Software may incorporate restricted usage in terms of functions and/or time. After a designated period of time passes, the Licensee shall discontinue the use of the Software and uninstall it immediately together with any component parts.

Software Educational Version

24. The Software marked as “Educational Version” or “Edu” is intended exclusively for educational institutions for teaching purposes. The type of educational institution authorized to use the Edu version and the rules of using it are specified by the Licensor in a separate document.

Software Audit Version

25. The Software marked “For auditors” or “For audit” is intended exclusively for providers of IT audit services. The type of entities authorized to use the version for auditors is determined by the Licensor.
26. 1. The Software version for auditors shall entitle the IT audit service provider to use the Software for the benefit of third parties on separate terms specified by the Licensor.

Software Outsourcing Version

26. The software marked "For outsourcing companies" or "For outsourcing" is intended for entities wishing to provide IT services. The type of entities authorized to use the version for outsourcing companies is determined by the Licensor.
    26. 1. The Software version for outsourcing companies shall entitle the entity providing the outsourcing services to use the Software for the benefit of third parties on separate terms specified by the Licensor.

Software FREE Version

27. Software marked "Free Version" or "FREE" may be used for testing, presentation or commercial purposes on the following terms:
    27. 1. Commercial purposes include personal use only and may not involve the provision of services to third parties.
    27. 2. The maximum number of Agent licenses is limited to three.
    27. 3. The maximum number of Master Licenses is limited to one.
    27. 4. The use of the Software is permitted only in the latest version made available by the Licensor - the Licensee is obliged to update the Software immediately after each subsequent update is made available by the Licensor. Licensor reserves the right to use technical solutions to prevent the use of the Software identified as "Free Version" or "FREE" without the most recent update, and all risks arising therefrom shall be borne by the Licensee.

Temporary License

28. If the License Agreement specifies the validity of the License, it shall mean that after the validity has expired the Licensee shall discontinue the use of the Software and uninstall it immediately together with any component parts.

Liability

29. The Licensee declares that, prior to entering into this agreement, they have acquainted themselves with the functionalities of the Software subject to this agreement, its operation and the technical requirements necessary for its proper operation, which the Licensee accepts without reservation.
30. The Licensor shall not be held liable for any damage that might be caused by the use of the Software.
31. In no event the Licensor shall be liable for any loss of data, benefits, profits or any other indirect or consequential or special damage, exemplary damages, moral or secondary losses regardless of the act (whether contractual or in tort), even if the Licensor has been notified of any such potential loss or damage.
32. The Licensee acknowledges that the Licensor shall not warrant that the Software will, at all times, meet the expectations of the Licensee and that the operation of the Software will be absolutely fault-free.

Breach of License

33. In the case of any breach of the provisions of this License, the Licensor shall have the right to terminate this Agreement effective immediately and raise claims for any such breach. In such case the Licensee shall be obliged to discontinue the use of the Software and remove all copies of the Software.

Jurisdiction

34. Any claims and disputes that might arise from the delivery and the interpretation of this Agreement shall be settled in an amicable manner. If the Parties do not reach agreement any such claim or dispute shall be submitted for settlement to any materially competent Courts of Cracow (Kraków, Poland).