EULA

 

ANOTHER CHARTS SOFTWARE

END USER LICENSE AGREEMENT

License version: 1.0

§ 1. CONCLUSION AND EFFECTIVENESS OF THIS AGREEMENT.

  1. THIS LICENSE AGREEMENT (HEREINAFTER: AGREEMENT OR LICENSE) SETS FORTH TERMS AND CONDITIONS FOR USING ANOTHER CHARTS EXCHANGE QUOTATION ANALYSIS SOFTWARE (HEREINAFTER: SOFTWARE) BY END USERS.

  2. YOU ARE OBLIGED TO READ AND ACCEPT THIS AGREEMENT BEFORE UNDERTAKING ANY ACT OF USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DOWNLOADING, INSTALLING, RUNNING AND/OR MAKING USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT THEN YOU SHALL NOT USE THE SOFTWARE. BY USING THE SOFTWARE YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT WITHOUT ANY RESERVATIONS WHATSOEVER.

  3. THIS LICENSE CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN LICENSOR AND YOU (LICENSEE). YOU ARE OBLIGED TO USE THE SOFTWARE IN ACCORDANCE WITH TERMS AND CONDITIONS OF THIS LICENSE AND APPLICABLE LAWS, INCLUDING BUT LIMITED TO APPLICABLE NATIONAL AND INTERNATIONAL COPYRIGHT LAW. THIS LICENSE IS GRANTED TO YOU ON CONDITION THAT YOU ACCEPT ITS TERMS AND CONDITIONS, PAY THE LICENSE FEE SET FORTH IN A SEPARATE PRICE LIST AND COMPLY WITH TERMS AND CONDITIONS OF THIS LICENSE.

§ 2. PARTIES TO THIS AGREEMENT.

This License is concluded and effective between Licensor and End User of the Software as defined in § 3 of this Agreement.

§ 3. DEFINITIONS.

For the purposes of this Agreement, the following definitions shall apply:

  1. Licensor – Tomasz Prętki, creator of the Software, domiciled in Gorzów Wielkopolski, Poland;

  2. End User or Licensee – every natural or legal person or organizational entity not being legal person who accepted this License, paid License fee and obtained the Software with permission of the Licensor;

  3. Software – Another Charts exchange quotation analysis computer software in object form, created by Licensor, regardless from its version, together with Updates – if such Updates have been or will be released by the Licensor;

  4. Updates – all alterations, upgrades, additions, new features and/or error fixes released by Licensor;

  5. Agreement or License – Software use terms and conditions set forth in this document.

§ 4. SUBJECT OF THIS AGREEMENT.

The Software and all Updates – if released and not covered by a separate license agreement attached to such Updates – are subject of this Agreement.

§ 5. GRANT OF LICENSE.

  1. Licensor hereby grants End User a non-exclusive, personal, payable license to use the Software subject to the terms and conditions set forth in this Agreement. You are not permitted to use the Software in any manner not expressly authorized by this Agreement.

  2. End User is entitled to use the Software solely in a manner expressly authorized by this Agreement (limited License). All fields of exploitation not authorized by this Agreement shall be prohibited, unless using the Software in a given way is permitted under the mandatory provisions of applicable law or End User was granted a separate, written on pain of nullity, consent of the Licensor.

  3. Under this Agreement End User is permitted to obtain one (1) copy of the Software from official distribution channel offered by Licensor (or with Licensor’s consent) and to install and use such copy on one (1) device. „Using” the Software shall mean making normal use of the Software, in accordance with its purpose, this License and applicable laws, both commercially and non-commercially.

  4. End User is entitled to use the Software for the purpose of providing services to third parties. Such use may not result in granting or making the Software available to third parties as defined in § 6.3c. of this License. 

  5. End User is permitted to use additional software components together with the Software (add-ons, plug-ins). Licensor shall not be liable for any such use of external modules not provided by Licensor.

  6. Licensor may, but is not obliged to provide additional software components indispensable for providing any data (including but not limited to exchange quotations) necessary to make the Software functional.

  7. End User may transfer the Software to a chosen device as many times as may be necessary. When the Software is transferred to another device its copy on previous device shall be deleted. Subject to the right to create a back-up copy, End User may possess and use only one copy of the Software at one time.

§ 6. LICENSE RESTRICTIONS.

  1. The Software is licensed, not sold. This License does NOT transfer to End User any intellectual property rights or other rights whatsoever. All rights remain vested in Licensor.

  2. All manners of using the Software not expressly permitted in § 5 of this Agreement shall be prohibited, unless using the Software in a given way is permitted under the mandatory provisions of applicable law.

  3. End User acknowledges and accepts that License restrictions include, but are not limited to the following:

    1. creating additional copies of the Software (except for one back-up copy);

    2. making the Software available and/or disseminating it on the Internet;

    3. granting or making the Software available to third parties under any title whatsoever (including but not limited to sales, gratuitous lending, leasing, granting free of charge, sublicensing, cession of rights, etc.). This provision shall not limit the use of the Software by more than one person if such use is not simultaneous, is in conformity with this Agreement and does not result in creating additional copies of the Software.

    4. translation, adaptation, re-arrangement or any other alteration of the Software and creation of derivative software on the basis of the Software;

    5. using Licensor’s logos, trade marks and/or other names outside of the Software;

    6. attempting to circumvent or circumventing protection measures built into the Software;

    7. removing any notes concerning copyrights and industrial property rights and/or other rights to the Software;

    8. using the Software for any unlawful purposes.

§ 7. PROHIBITION OF REVERSE ENGINEERING.

  1. End User shall not modify, reverse engineer, disassemble (decompile) the Software or otherwise attempt to determine and/or alter the source code of the Software.

  2. This provision neither precludes nor impairs rights granted to End User under mandatory provisions of applicable law.

§ 8. TECHNICAL SUPPORT.

  1. Licensor may, at his sole discretion, provide End User, against payment or free of charge, with technical support concerning installation and/or use of the Software.

  2. If started, Licensor may discontinue such technical support at any time by sending a notice to End User, unless support terms are subject to a separate agreement providing otherwise.

  3. Terms of transferring and collecting data for the purpose of technical support are set forth in § 9.5 and § 10 of this License.

§ 9. UPDATES AND DATA TRANSFER.

  1. Licensor may, at his sole discretion, provide End User with Software Updates.

  2. The Software includes auto-update feature, which enables the Licensor to transfer and install Updates on End User’s device.

  3. By this Agreement End User expressly indicates his/her consent to receive and install such Updates on End User’s device.

  4. End User agrees that Licensor may transfer technical data (including but not limited to IP address of End User’s device) between End User’s and Licensor’s devices for the purposes of applying Updates.

  5. End User agrees that Licensor may collect and use technical data (including but not limited to IP address of End User’s device) and any other connected information collected during Update process and during provision of technical support services and/or voluntarily send by End Users. Such information may be used for enhancement of the Software and/or other Licensor’s products, provision of services, statistical purposes and verification of Software use lawfulness. Collected information may be made available to the public and/or to third parties solely in an anonymous form.

§ 10. FEEDBACK RECEIPT AND USE.

  1. End User may, at his/her own discretion, voluntarily provide feedback to the Licensor, including but not limited to comments, suggestions, ideas relating to the Software (hereinafter: Feedback).

  2. End User agrees that Feedback shall not entail any obligations on the Licensor’s side, including but not limited to payment of any fees, keeping information confidential, ban on dissemination and/or use of such Feedback.

  3. By providing Feedback End User authorizes Licensor to use Feedback free of charge in any way for the purposes of enhancing Licensor’s products.

  4. End User may NOT provide Feedback that is subject to third parties’ rights, especially copyrights and/or industrial property rights.

§ 11. RIGHT TO CREATE A BACK-UP COPY.

  1. End User is entitled to make and record on any data carrier one (1) back-up copy of the Software.

  2. The Software and its back-up copy may not be used simultaneously.

§ 12. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS.

  1. The Software is provided „AS IS” at the time of obtaining it by End User, with all potential faults and errors. Licensor does NOT represent and/or warrant that the Software will meet any expectations and/or will be error free or fit for any particular purpose.

  2. All express or implied warranties, representations, declarations with respect to the Software including but not limited to lack of faults, conformity, quality, accuracy, fitness for any particular purpose, are excluded.

  3. This provision neither precludes nor impairs rights granted to End User under mandatory provisions of applicable law.

§ 13. LIMITATION OF LIABILITY.

  1. Licensor shall NOT be liable for any loss of profits, incidental, indirect, or potential damages of any kind, data loss, impairment of business opportunities and/or any other loss whatsoever resulting from use of the Software.

  2. Licensor shall be liable solely for actual damage (damnum emergens). Licensor’s entire liability under this Agreement, under any title, with respect to the Software use and/or grant of License, shall be limited to refund of the actually received license fee, replacement or repair of the Software.

  3. Limitation and exclusion of liability does not apply to damages inflicted intentionally on End User.

  4. Some legal systems do not allow exclusion or limitation of liability arising from some titles, for some kinds of damages and/or with respect to some category of persons (especially consumers). This Agreement neither precludes nor impairs liability arising from mandatory provisions of applicable law. In such cases Licensor’s liability shall be limited or excluded to the maximum extent permitted by applicable law.

§ 14. LICENSE TERM AND TERMINATION.

  1. This License is granted on condition that End User accepts all its provisions and pays to the Licensor non-refundable – subject to exceptions set forth in this License or applicable law – license fee set forth in a separate price list.

  2. License becomes effective when all conditions set forth in point 1 of this paragraph are met cumulatively.

  3. This license in granted for an unlimited period.

  4. License remains effective on condition that End User complies with all its provisions.

  5. License will terminate immediately if End User fails to comply with any term or condition of this Agreement or with any provision of applicable law.

  6. End User may terminate this Agreement at any time by uninstalling the Software and permanently deleting both the Software and its back-up copy.

  7. Provisions set forth in § 7-10, 12-14 and 16-19 of the License shall survive its termination or expiration.

  8. Upon termination of this Agreement End User is obliged to cease use of the Software and to uninstall and delete both the Software and its back-up copy from all data carriers.

§ 15. THIRD PARTIES’ INTELLECTUAL PROPERTY.

  1. The Software may contain third-party programs that are subject to separate license terms.

  2. Third party software notices and/or additional terms and conditions are located at Licensor’s website at http://anothercharts.net/legal/3rd-party/.

§ 16. EXPORT RESTRICTIONS.

  1. The Software may be subject to export laws and restrictions.

  2. End User is obliged to comply with all domestic and international export laws and regulations that apply to the Software.

§ 17. APPLICABLE LAW AND JURISDICTION.

  1. This Agreement in all aspects, including but not limited to its validity and effectiveness, will be governed by and interpreted in accordance with the laws of Poland, without regard to its conflicts of laws provisions.

  2. The United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on April 11, 1980, will not apply to this License.

  3. Any dispute arising out of or relating to this Agreement will be settled by the court in Gorzów Wielkopolski, Poland. Each Party expressly consents to the exclusive jurisdiction of such court.

  4. This clause does not preclude jurisdiction of any other court that may have jurisdiction under mandatory provisions of applicable law if under given circumstances or in a given legal system choice of forum made in this License is unable to take effect.

§ 18. SALVATORY CLAUSE.

Should any clause of this Agreement be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining clauses.

§ 19. FINAL PROVISIONS.

  1. This Agreement constitutes the entire Agreement between End User and Licensor and supersedes all prior arrangements and agreements with respect to the Software.

  2. If there is any inconsistency or ambiguity between Polish version of this Agreement and other language versions, Polish version shall prevail.

  3. Provisions of this Agreement may only be changed in writing under the pain of nullity.