Licensing conditions
This contract of providing an authority to enforce a right to use a computer program, which operates EvisitCards System (hereinafter "Software"), regulates rights and liabilities of contract parties for the Software use, namely by mode given in this contract, which is concluded through means of a long-distance communication in compliance with section 53 and following of The Civil Code No. 40/1964 Coll., in valid version, and section 46 and following of The Act on copyright, on rights interrelated wiht copyright and amendments to further Acts in valid version (hereinafter Copyright Act).
Conclusion of this contract is condition for the Software use.
This
non-exclusive sublicensing contract is concluded between
AUSTIN CLUB Ltd. , IN: 62907174, Hostivicka 13/22, 150 00 Prague 5, Czech Republic, which is registered in the Companies register administered by The Municipal Court in Prague, section C, rider 34504, www.austinclub.cz
(hereinafter AUSTIN CLUB or the provider)
and
an user, who installs the Software for eVisitCards System operating, which performs registration on the Internet server on the public Internet, namely on web address
www.chytrevizitky.cz and
www.evisitcards.com
Software, which is an authority work in sense of a section 2 Par. 2 of the Copyright Act, subsumes also data and documentation in an electronic form. By an installation you confirm your acceptance with the sublicense contract condition and you will follow them.
IF YOU DONīT AGREE WITH CONDITIONS OF THIS CONTRACT, PLEASE DONīT CONTINUE IN INITIATION PROCESS AND DELETE ALL ALREADY INSTALLED PARTS OF SYSTEM AND SOFTWARE PLACES, WHERE ARE ALREADY USED WITHOUT UNDUE DELAY . FAILING THAT YOU RUN A CONSEQUENCES IMPLICIT FROM THE COPYRIGHT ACT, OPTIONALLY CRIMINAL CONSEQUENCES.
AUSTIN CLUB proclaims that on 5th August 2003 concluded the exclusive license contract of enforce the right to use the Software with author of this work and owner of copyrights of this work (hereinafter the author), consequently AUSTIN CLUB is qualified to conclude this sublicense contract.
By this contract AUSTIN CLUB provides to the user authority to use the Software, namely in extent and on conditions given by this contract. The user obtains a right to install eVisitCards Organizer by the acceptance statement with sublicense condition of eVisitCards system.
AUSTIN CLUB as a provider of representative CRM system of the eVisitCards, likewise instruments for display, storage and processing of content information from system by end user - the eVisitCards Organizer authorizes the user based on this contract, provided that every conditions of this contract will be satisfied, to install, open, display, activate and use Software in compliance with its specification. Whatever use out of framework given by this contract is not permissible and it is significant breach of this contract. This sublicense is provided as non-exclusive.
The user is not authorized, namely even partially, to provide the authority as a part of this sublicense of eVisitCards system and eVisitCards Organizer to whatever third person even to cede the license to the third person.
User is not authorized to:
1. modify or create an improved version
2. change
3. process
4. connect with another work
5. file without change or after modification to a random union work, eVisitCards and eVisitCards Organizer even to associated files except such changes, which are executed by a service files provided with eVisitCards System and eVisitCards Organizer installation
6. use, namely modified or processed, with the random union work use, in relation with another work
the Software anyway
7. execute a back analysis, decompilation or source code conversion of the Software in a framework of above mentioned restrictions.
The user:
a) is agreed to a fact, that eVisitCards Software is marked by a generated code during the installation and is identifiable through this code
b) is agreed to a fact, that eVisitCards System and eVisitCards Organizer is an application on-line communicating with a Software providerīs database. The user agrees with this communication
c) is agreed to a fact, that eVisitCards System is a commercial product and respects decent advertising announcement in parts of the eVisitCards Organizes as well determinated
d) covenants to use eVisitCards System and eVisitCards Organizer so as not take place a breach or a exposure to a danger distributorīs or copyright authorīs rights
e) can make archive copies of program and installation diskettes only for archive usage and making a backup copy
A subject of the sublicense conditions is:
1. A non-commercial sublicense for enforcement the right to use eVisitCards Organizer Software to follow-up distribution to end users. The end user is userīs customer, whom was provided the non-commercial sublicense. Every parts of Software are subject of provided non-exclusive sublicense and are loaned free of charge all the while duration of the license to user. In case you will stop beying a holder of the commercial license, you have to delete every parts of the programme listed above from a place of usage. The provider grants you herewith non-exclusive right to use free of charge the Software, instructions (The user manual).
2. A commercial sublicense for displaying electronic visiting cards - eVisitCards with your contact and presentation details on your own web sites, or in Internet campaign to downloading for end users. The end user is userīs customer, whom was provided the commercial sublicense. The sub license refers also to accession to the administrative interface and to the auxiliary instrument for data evaluation. Commercial sublicense for follow-up use of electronic visiting cards - The eVisitCardsī presentation content, which is administered by the eVisitCards System and this content is displayed, saved, updated, furthermore processed and used by the end user through The eVisitCards Organizer. The end user is userīs customer, whom was provided the commercial sublicense. The provider grants user the right to use presentation content of the eVisitCards from this and previous article on conditions mentioned in official pricelist on address:
www.chytrevizitky.cz and
www.evisitcards.com
3. The commercial sublicense for follow-up usage of added information content: banners, rotating messages, which is administered by the eVisitCards System. This content is displayed, saved, furthermore processed and used by the end user through the eVisitCards Organizer Software. The end user is userīs customer, whom was provided the commercial sublicense. This sublicense applies entirely to the eVisitCards Organizer applications distributed by user. The same right to every applications in system is available by individual deal with the provider.
The user acquires the authority to use every parts of the commercial sublicense above mentioned by day of sublicense consideration day in compliance with the pricelist on the internet addresses. This pricelist can be sent in written form based on userīs request on e-mail address info@evisitcards.com or by mail on address AUSTIN CLUB Ltd., Hostivicka 13/122, 150 00 Prague 5, Czech Republic. The day of the consideration is the day in which the relevant amount is charged on the providerīs account.
The user acquires the authority to use the non-commercial sublicense by expression of consent day after eVisitCards Organizer installation.
A termination of the contract comes by:
1. a nonpayment for a sublicense consideration in compliance with the conditions mentioned in a official pricelist on the Internet address
www.chytrevizitky.cz and
www.evisitcards.com
2. contract (sublicense) virtue period termination in compliance with conditions mentioned in the official pricelist on the internet address
www.chytrevizitky.cz and
www.evisitcards.com.
3. if the the user doesnīt agree with the contract (sublicense) conditions and/or if he uninstalls the program
4. a userīs written notice addressed to AUSTIN CLUB, on e-mail address info@evisitcards.com or by mail on address AUSTIN CLUB Ltd., Hostivicka 13/122, 150 00 Prague 5, Czech Republic. The notice period is 30 days after notice receipted on address mentioned in previous sentence
5. a userīs cession until 7 days from this contract enclosure on e-mail address info@evisitcards.com or by mail on address AUSTIN CLUB Ltd., Hostivicka 13/122, 150 00 Prague 5, Czech Republic.
The consequence of the contract/sublicense termination for the user is locking to the content updating of eVisitCards and eVisitCards Organizer by eVisitCards System. This doesnīt apply to userīs authority to previously distributed electronic visiting cards and the end users can own and use this visiting card in the future. In any case the user is obliged to keep a condition to delete parts of the program from places of its usage after authority to use sublicense termination without undue delay.
The user acknowledges, that in the course of eVisitCards Organizer installation the end user agrees, that:
a) is agreed to a fact, that eVisitCards Software is marked by generated code during the installation and is identifiable through this code
b) is agreed to a fact, that eVisitCards System and the eVisitCards Organizer is application on-line communicating with Software providerīs database. The end user agrees with this communication
c) is agreed to a fact, that eVisitCards System is a commercial product and respects decent advertising announcement in parts of the eVisitCards Organizes as well determinated
d) covenants to use eVisitCards System and eVisitCards Organizer so as not take place a breach or a exposure to danger of distributorīs or copyright authorīs rights
e) can make archive copies of the programme and installation diskettes only for archive usage and making a backup copy
f) shall not provide the eVisitCards System and the eVisitCards Organizer free of charge even for a consideration to the third person
g) shall not use the eVisitCards System and the eVisitCards Organizer so that third party benefits from this, namely neither free of charge nor for a consideration
h) shall not execute changes and encroachments on the eVisitCards System and the eVisitCards Organizer even on associated files except such changes, which are executed by service files provided with the eVisitCards System and the eVisitCards Organizer installation
The user acknowledges, that the Software structure, organization and code is the business secret in compliance with section 17 of The Commercial Code No. 513/1991 Co., in the valid version, and at once also the authority work. The user has to work with the Software as well as with any other work on which is applied the copyright. Whatever copy of this Software created in compliance with this license arrangement has to content the same copyright mark and others requirements, which appear on or in the Software.
AUSTIN CLUB CANīT ENSURE OUTPUT AND RESULTS, WHICH YOU CAN ACQUIRE THROUGH THE SOFTWARE OR MANUAL USE. AUSTIN CLUB AND ITS DISTRIBUTORS DONīT ANSWER FOR DAMAGES CAUSED THROUGH THE SOFTWARE MISAPPLICATION.