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URVE License conditions and guarantees
This License Agreement, applicable to URVE Software on offer form Eveo Sp. z o.o., is a legally binding contract between the User (“User”) and Eveo Sp. z o.o., concerning the operation of URVE Software, including all and any elements made available by Eveo Sp. z o.o. without separate contract, such as updates, complements, upgrades and/or enhancements, its media and any accompanying printed materials and electronic documentation, unlock codes – hereinafter jointly referred to as “Software”. User expresses his/her consent to be bound with the provisions hereof by selecting a relevant field confirming his/her consent, or by installing, copying, downloading, obtaining access to or otherwise using the Software. If User fails to accept all the provisions herein, he/she may not operate Software and should discontinue installation and use of Software.
1. Copyrights
Eveo Sp. z o.o., being Software producer, retains all titles, copyrights, and any other intellectual property rights related to Software, (its copies) and documentation. The Software is subject to copyrights and international agreements concerning protection of intellectual property rights. Violation of these laws is subject to civil and criminal liability.
2. Licensing and Parties to the Agreement
This Agreement is concluded between: Eveo Sp. z o.o. with a registered seat in Kraków (Poland) hereinafter referred to as “Licensor” and User, being a physical or legal entity, hereinafter referred to as “Licensee”.
3. Concluding the Agreement
This Agreement is concluded by acceptance of the field in the license window, or by installing or by any other operation of Software. Additionally, if a product (computer) has been acquired with preinstalled Software, e.g. Player, the agreement is concluded once the packaging has been opened, the computer with the installed Software has been started, and a sticker conforming legal acquisition of Software has been attached to it.
4. Licensee’s Rights 4.1 Installation and use of Software on one computer workstation.
In order to test usefulness of Software (demo version) Licensor grants approval for Licensee to install and use one copy of Software at one computer station and to start Software for the duration of 30 days.
The right to use the demo version of Software expires after the duration of the aforementioned trial period. Further use of Software is permitted, provided that license fees have been paid for Licensor and unlock codes for Software have been received by Licensee from Licensor. After receiving unlock code, Licensee may install and use Software and the number of permitted copies results from the relevant license fee which has been paid (one copy of Software per one computer workstation) and the obtained unlock code, subject to provisions of point 4.2., herein. 4.2 Copies of Software
After receiving an unlock code, Licensee is entitled to make a backup copy of Software, the number of permitted copies resulting from the relevant license fee which has been paid and the obtained unlock codes, provided that such copies shall not be installed and used on any computer simultaneously with Software. Licensee shall keep copyright information with all copies of Software.
4.3 Software Updating
Following payment of license fee for a specific type of Software, and after having received an unlock code and after activating Software, Licensee is entitled to receive free-of-charge updates for the same version number of Software through the period of 12 months from the date Software license was purchased. In order to receive updates Licensee shall register at Eveo (www.urve.co.uk). New versions of Software may only be obtained through the producer’s website (option in the program). The producer may not be held liable for any modifications made or delivered by unauthorized service providers. All and any operations of this type, performed without the producer’s express consent, result in loss of warranty for Software.
4.4 Warranty
Legitimate Software users are entitled to 12 month warranty, valid from the date the given copy of Software was purchased. Licensor does not warrant that operation of Software will be absolutely error free and that Software will meet User’s expectations of any kind. Responsibility for correct choice and effects of using Software, as well as intended or obtained results rests with the User exclusively. Eveo’s overall responsibility is limited to its obligation to repair Software and its features which do not comply with the functional description included in documentation, provided that Software is returned by User to the Seller along with a copy of document confirming purchase of Software. This Warranty is not applicable if the defect in Software was caused by an accident (an event or series of events that lead to the creation of a software defect or causing such damages), or incorrect use of Software inconsistent with the terms and conditions of license, or improper maintenance, use or operation of Software in an environment failing to meet technical requirements for proper operation of Software, or in the case of errors caused by incorrect use of computer equipment, operating systems, data bases or other programs which Software uses or with which it cooperates.
The Warranty does not include repairs of errors in Software operation resulting from the following:
a) damage or modification of Software performed by any entity other than Licensor;
b) failure or damage of the computer in which Software is installed;
c) failure or damage of computer network;
d) changes in external systems, which are beyond Licensor’s control; inaccessibility or faulty operation of such systems resulting in erroneous operation of interfaces linking Software with these systems;
e) situations, where errors in Software operation are a consequence of modifications in the code introduced by others then Eveo;
f) situations, where as a result of action taken by Licensor in order to repair the error, personnel of Licensor and Customer, unanimously agree that erroneous Software operation is caused by facts beyond Licensor’s control.
g) incompetent use, or force majeure.
In the aforementioned cases Licensor may undertake to repair Software, after specifying the date of repair with the User, and at extra charge. User shall immediately notify Licensor about any errors in Software; such communication shall include detailed description of errors, or, if necessary, any information needed for identifying them, to be sent via e-mail to: tomm@urve.co.uk or communicated by phone to: +48 500 026 696, not later than within 14 days from the date of detecting the error. In the case of User’s failure to meet this deadline Licensor may refuse to provide warranty services, with no liabilities arising therefrom. Licensor undertakes to remove the error within 14 days from the date of the relevant notification. In the case of complicated defects, which require more complex repair works, the lead time for the repair may be extended, yet Licensor shall make every effort to remove such errors in the shortest possible time. Licensor shall provide services under Software warranty by sending a patch with update, and Licensee shall be responsible for having Software upgraded to the newest available version of Software. Errors in Software may be removed exclusively by Licensor or person/company authorized in writing by Licensor to perform such operation. Licensor may not be held liable for any modifications made or delivered by entities other than Licensor. All and any operations of this type result in loss of warranty for Software. User may claim warranty repairs related exclusively to the current version of Software and this provision also applies to incidents occurring during a valid extended warranty for Software. 5. Licensee’s responsibilities
In order to receive unlock codes and services specified in points 4.3 and 4.4, it will be necessary for Licensee, i.e. the final User of Software, to get registered. Licensee shall affix a license sticker onto each control computer (Player), in which Software has been installed, as a confirmation that Software has been legally purchased. The sticker must not be removed, or damaged in any other way, because this will lead to expiration of rights to use Software.
6. Restrictions
Licensee shall not perform any of the following:
a) Make translations, adjustments, introduce changes in the system or any other changes or modifications of Software. Any modifications or aforementioned changes constitute a breach of copyright and this Agreement.
b) Disassembly, decompiling, or any other manner of multiplying the code of Software or translating its form at a level exceeding operations permitted by applicable legal regulations.
c) User shall not modify, adjust, or translate Software, or create derivative works based on Software. User shall not conduct reverse engineering, or otherwise attempt to recreate the source code for Software.
d) User may display independent contents (channels) on the maximum of two monitors from one computer (player). It is prohibited to display independent contents (channels) on more than two monitors from one computer (player).
e) The license is limited to maximum display resolution of 2 x 1920 x 1080 (therefore hardware platform should be equipped with graphics card with maximum of two outputs).
f) For resolutions higher than stipulated above, it is necessary to purchase supplementary license for each additional output from graphics card.
7. Assignment of rights.
After the payment of license fee and obtaining an unlock code, Licensee may assign rights hereunder to another physical or legal person, provided that:
a) User also assigns to such person or legal entity all components of Software, including this Agreement, activation codes as well as any other programs or equipment, which together with Software constitute one kit (equipment), or installed together with Software, including all their copies, updates and earlier versions.
b) User does not retain any copies, including backup copies and copies stored in the Computer memory.
c) The physical person or legal entity being the assignee, accepts terms and conditions stipulated in this Agreement as well as any other conditions in accordance with which the previous User lawfully acquired Software license. User intending to assign the entirety of rights to Software to another person or entity shall inform the assignee about the above requirement.
d) The User, who is the beneficiary of such assignment of rights, shall place a request to Eveo for renewed registration.
Notwithstanding the above provisions, User shall not give its consent for copying Software in part or entirety to memory of computer owned by another user, and it may not assign right to copies of Software, including in particular copies, which have been made available for training purposes, as preview releases or copies of Software which are not for sale. 8. Limited liability
Licensor may not be held liable for damage or loss, including indirect, incidental, special or consequential, as well as any damage involving loss of profit, or data or possibility to use data. In the case of loss caused intentionally by Licensor, Licensee may claim damages to compensate for such loss in full. Without prejudice to the foregoing, Licensor’s absolute liability resulting from any provisions herein, as well as from applicable legal regulations, is limited to the total amount paid by Licensee for the granted licenses. Licensor shall not be held liable due to any additional claims, including any additional claims under warranty related to physical defects. Licensor’s liability due to warranty is herein excluded. If Software is found to contain errors, Licensee is only entitled to take measures as specified in point 4 hereinabove. If the Agreement is terminated, revoked, cancelled for any reasons or expired, the fees paid for the granted license to use Software are non-refundable. The use of Software for displaying applications/programs/multimedia of third parties is connected with the necessity to comply with the given producer’s licensing policy, for which Licensor may not be held responsible.
9. License duration, territorial range and termination of agreement
The license herein is granted for indefinite period of time. The right to terminate the license pursuant to Art. 68, clause 1 of the Act of 4 February 1994 on copyright and related rights is herein excluded. Licensee loses its rights established by this Agreement as a result of any breach of its provisions. In such case the License Agreement is terminated. Licensee may use Software with no territorial limitations. The rights to use Software apply exclusively to Software which has been registered and for which Licensee has required activation codes.
10. Expiry of rights to use Software
If the rights to use Software are no longer valid, upon expiry of temporary license for demo version, or as a result of termination of this Agreement, or for any other reason, Licensee shall discontinue operation of Software and shall delete Software from computer workstations in which it was installed, or shall cease to use computer equipment with which Software was installed or in which it was preinstalled.
11. System requirements
In order to start Software it is necessary to use PC equipment with an installed operating system compatible with MS Windows 7, 8. The computer shall have the minimum of 1 GB RAM, and 60 GB of free space on hard disk, graphics of XGA standard or higher. To enable the use of free-of-charge updates for the program the system must comprise a configured and sufficiently fast Internet connection. Display of specific formats is connected with the necessity to comply with licensing policy of the given format producer. System requirements should be adjusted to displayed content, for which the Software's manufacturer does not hold responsibility.
12. Registration
Registration is mandatory. Registration should be completed, via the Internet or phone, within 30 days from the date of Software installation.
13. Chargeable services
The option of service support via phone or e-mail is available for all programs. Such services are charged in accordance with the current pricelist.
14. Final provisions
Any disputes between the Parties arising out of this Agreement shall be resolved amicably, and if consent cannot be reached in this manner, they shall be submitted to the competent court of law having jurisdiction over Licensor’s headquarters. All matters, which are not regulated herein, shall be subject to provisions of the Civil Code and the Act on Copyrights and Related Rights. The Agreement becomes effective after User has paid all amounts due for the seller.
License conditions and guarantees URVE