General Licensing Conditions
Article 1: Introductory Provisions
1.1 The company ui 42 spol. s r.o., with its registered office at Sibírska 62, 832 01 Bratislava, ID No.: 35 713 003, registered in the Commercial Register of the District Court Bratislava I, section Sro, insert No. 14226/B (hereinafter referred to as "ui 42 company") issues these General Licensing Conditions of ui 42 company (hereinafter referred to as "GLC" or "Conditions"). GLC regulate the legal relationships between ui 42 company and third parties concerning the use of copyright and industrial property rights owned by ui 42 company. GLC are an integral part of the contractual relationship between ui 42 company and its client or the client of its authorized contractual partner and are published and available in written form at the operational premises of ui 42 company and in electronic form on the website www.ui42.sk.
1.2 GLC are binding for all contractual parties, i.e., participants of the contractual relationship and are based on generally binding legal regulations valid in the Slovak Republic, such as the Commercial Code, Civil Code, Copyright Act, and international treaties or agreements and customs.
Article 2: Definitions of Terms
2.1 Software means a computer program, application, or their separate integrated part, expressed by a set of commands and instructions used directly or indirectly in a computer, where these commands and instructions may be written or expressed in source code or machine code. The Software is precisely defined in the Contract.
2.2 License means the authorization to use the Software to the extent and in the manner specified in these Conditions and/or the Contract, which arises at the moment of the conclusion of the Contract.
2.3 Sub-license is a License granted by authorized contractual partners of ui 42 company to the License Acquirer.
2.4 License Provider is the ui 42 company, even if the License is provided by any of its contractual partners, who is authorized to provide Sub-licenses according to the contract with ui 42 company.
2.5 License Acquirer is any natural or legal person who acquires the License based on a written contract
2.6 Contract is a license agreement or any similar contractual relationship between ui 42 company and the client, concluded in written form; unless the Contract specifies otherwise, GLC and GTC are an integral part of the Contract.
2.7 GTC are the General Terms and Conditions of ui 42 company, which are issued by ui 42 company, and which regulate the basic legal framework of relationships between ui 42 company and its clients in general. GTC are published and available in written form at the operational premises of ui 42 company and in electronic form on the website www.ui42.sk.
2.8 Copyright Act means Act No. 618/2003 Coll. on copyright and related rights (copyright act).
2.9 Commercial Code means Act No. 513/1991 Coll. Commercial Code in its valid wording.
2.10 Civil Code means Act No. 40/1964 Coll. Civil Code in its valid wording.
Article 3: Exercise of Rights from the License
3.1 The License Acquirer is obliged to keep the Contract including GLC as proof of the provision of the License.
3.2 The License Acquirer undertakes to comply unreservedly with all the conditions of the provided License stated in the Contract and these Conditions when exercising rights from the License. If the License Acquirer does not agree with the conditions of the provided License, the Contract is canceled from the beginning, and the License Acquirer is obliged to return to the License Provider all installation files related to the Software on a data carrier along with all attached and accompanying materials and documents and is no longer entitled to use the Software.
3.3 The License Acquirer is obliged to inform all its employees who are users of the Software about the conditions of the provided License.
3.4 Permanent License. A Permanent License is such a License for which the License Acquirer pays an agreed one-time fee and on its basis is entitled to use the Software under the conditions stated in the Contract and these Conditions without time limitation.
3.5 Ongoing License. An Ongoing License is such a License for which the License Acquirer pays an agreed fee in regular, unless otherwise stated in the Contract, monthly intervals and on its basis is entitled to use the Software under the conditions stated in the Contract and these Conditions during the period for which the agreed fee has been paid.
3.6 The Software is protected by the Copyright Act, other relevant legal regulations, and international agreements.
3.7 By providing the License, the authorization to use the Software in accordance with the Contract and GLC is granted, but the Software itself is not the subject of transfer. The License only relates to the Software, not to the products that are created through the Software.
3.8 The License Provider is entitled to provide the License to an unlimited circle of License Acquirers.
Article 4: Scope and Conditions of the License
4.1 Territorial scope of the License. Unless otherwise stated in the Contract, the License Acquirer is entitled to use the Software without territorial restriction worldwide.
4.2 Material scope of the License. The License Provider hereby grants the License Acquirer the right to use, in the manner specified below, such a number of copies of each version number and language mutation of the Software, which is stated in the Contract. For each acquired License, the License Acquirer may install and use one copy of the Software, or any previous version for the same operating system, on a single computer, workstation, terminal, or other digital electronic device (hereinafter referred to as "Computer"). The initial user of the Computer on which a copy of the Software is used may make a second copy exclusively for their own use on a portable computer. The License Acquirer may also store or install a copy of the Software on a storage device, such as a network server, which is used only to install or operate the Software on other Computers of the License Acquirer within an internal network. However, the License Acquirer must obtain and assign a License for each individual Computer on which the Software is installed or operated from the storage device. The License for the Software cannot be shared or used simultaneously on different Computers.
4.3 Method of using the Software. Unless otherwise stated in the Contract, the License Acquirer is entitled to use the Software only for its own operational needs and for the purpose for which the Software is intended, and is not entitled to further dispose of the Software and the provided License in any way.
4.4 Restrictions. The following restrictions apply to all copies of the Software:
4.4.1 Copyrights. The License Provider is the exclusive owner of all rights to the Software. All copyrights related to the Software (including but not limited to any drawings, photographs, animations, video and audio recordings, text, and "applets" included in the Software), its individual copies, and accompanying printed materials, are the exclusive property of the License Provider. The License Acquirer may not copy the Software and any manuals or other printed materials describing and explaining the Software, unless otherwise provided in the relevant legal regulations and international agreements. The License Acquirer is granted exclusively only the right to use the Software in the manner as specified in the Contract and these Conditions.
4.4.2 Rental restriction. The License Acquirer may not rent, lease, lend, or otherwise allow a third party to use the Software or its copy.
4.4.3 Reverse engineering. The License Acquirer may not analyze, decompile, or otherwise decrypt the Software, except to the extent that such activity is expressly permitted by the relevant legal regulations regardless of this restriction.
4.4.4 Separation of components. The Software is licensed as a single product. Its components may not be separated and used on more than one Computer.
4.4.5 Transfer of rights to the Software. The right to use the Software may not be transferred by the License Acquirer to a third party.
4.4.6 Product maintenance. The License Provider does not undertake to provide maintenance or updates of the Software unless expressly agreed with the License Acquirer in the Contract. If there is an update of the Software or an improvement of its functionality, the conditions stated in the Contract and these Conditions will be appropriately applied to such updated or improved Software.
Article 5: Warranties
5.1 Warranties. The License Provider provides a warranty for the functionality of the Software. The Software and all related documentation are provided without any further warranties of any kind, whether express or implied, including but not limited to, warranties of suitability for a particular purpose or compliance with regulations. The risk arising from the use of the Software remains with the License Acquirer except for the above-mentioned warranties of the Provider.
5.2 Limitation of liability. To the maximum extent permitted by the relevant legal regulations, in no event shall the License Provider or its suppliers be liable for any special, incidental, or consequential damages of any kind (including, but not limited to, damages from loss of business profits, business interruption, loss of business information, or any financial loss), arising out of the use or inability to use the Software or the inability to provide support services, even if the License Provider has been advised of the possibility of such damage.
Article 6: Withdrawal from the Contract, Termination of the License
6.1 The License Provider is entitled to withdraw from the Contract if the License Acquirer exercises the rights from the License in violation of the Contract and these Conditions and violates the scope and conditions of the License stated in the Contract and/or these Conditions. In the case of an Ongoing License, the License Provider is also entitled to withdraw from the Contract if the License Acquirer has not paid the due amount of remuneration even within 15 (fifteen) days from the due date of this amount.
6.2 By withdrawing from the Contract in accordance with point 6.1 of these Conditions, the Contract is terminated from the beginning. Withdrawal from the Contract is effective at the moment of delivery of the written notice of withdrawal to the other party. As a result of the termination of the Contract, the License also expires.
6.3 After the termination of the License according to point 6.2 of these Conditions, the License Acquirer is obliged to return to the License Provider all installation files related to the Software on a data carrier along with all attached and accompanying materials and documents and is no longer entitled to use the Software.
Article 7: Common Provisions
7.1 Any disputes concerning the License, its scope and conditions, the method of using the Software, which arise between the License Provider and the License Acquirer, both parties undertake to resolve primarily by mutual negotiation with the aim of resolving the dispute by agreement. In the event that the parties fail to reach an agreement on the subject of the dispute, any of the contractual parties is entitled to submit a proposal for dispute resolution to the competent court in the Slovak Republic.
7.2 All notices and other actions including legal acts that are to be made in writing according to the Contract or relevant legal regulations or will be made in writing, will be delivered to the other contractual party in person or by registered mail to the last known address of this contractual party. The contractual parties have agreed that if the addressee refuses to accept the shipment or if the shipment is returned to the sender as undelivered, it is considered that the shipment was delivered on the second day after the day of its dispatch.
Article 8: Final Provisions
8.1 In the event that some provisions of these Conditions and/or the Contract become wholly or partly invalid, ineffective, or unenforceable, this does not affect the validity and effectiveness of the other provisions. Instead of invalid, ineffective, and unenforceable provisions, the provisions of the relevant legal regulations shall be applied.
8.2 ui 42 company reserves the right to change and supplement these Conditions, and will immediately inform clients of changes by publishing the changes on the website www.ui42.sk with the date from which these changes take effect.
8.3 Conditions become effective no earlier than 5 days from the date of their publication according to point 8.2 of these Conditions.
8.4 Deviating provisions of the Contract take precedence over these Conditions. The effect of these Conditions or their part may be excluded only by a written agreement of the Contract participants.
These Conditions become effective on February 1, 2006.
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