End User Licence Agreement of company Schwarzsoft s.r.o., identification no.: 07048904, with registered office at Palackého 629/9, 779 00 Olomouc, registered in the Czech Commercial Register administered by the Regional Court in Ostrava, section C, entry 77951 (hereinafter the “Provider”)

(hereinafter as “EULA”)

    • This EULA governs the terms and conditions of use of software “InstaGTO” of the Provider (hereinafter as “Software”) by the end-users – customers of the Provider (hereinafter as “Customer”).
    • By accepting the EULA, a legally binding license agreement is concluded between the Provider and Customer (hereinafter as “License Agreement”). The provisions of the EULA are an integral part of the License Agreement from the moment of its conclusion. Arrangements deviating from the EULA may be agreed in writing; such arrangements shall prevail over the provisions of the EULA.
    • The EULA shall apply both to cases where the Customer is a natural person who acts outside the scope of their business activity or within the scope of their profession (hereinafter the “Consumer”), and to cases where the Customer is a person who acts within the scope of their business activity or within the scope of their profession when concluding the Contract (hereinafter the “Entrepreneur”).
    • The EULA and all legal relations arising from them, including the License Agreement, are governed by the law of the Czech Republic.
    • The Software (including its source codes, documentation and contents) and/or its parts are protected by copyright pursuant to Act no. 121/2000 Sb., the Copyright Act, as amended (hereinafter as “Copyright Act”). The exclusive rights to the Software are exercised by the Provider.
    • The Provider grants to the Customer a non-exclusive right to exercise the right to use the Software under terms and conditions specified below (hereinafter as “License”). The License becomes effective once the License Agreement is successfully concluded in compliance with the EULA and Terms and Conditions of the Provider governing the sale of Subscriptions to the Software (hereinafter as “Terms and Conditions”).
    • The License is granted for the duration of the Subscription ordered by the Customer in compliance with the Terms and Conditions. The Software may only be used in compliance with the terms and conditions of the particular Subscription.
    • Based on the License, the Customer may use the Software as follows:
      • to download a copy of the Software using the link from Provider to computer or similar end device of the Customer (hereinafter as “End Device”),
      • to install the Software on the End Device, or to uninstall the Software from the End device,
      • to run the Software on the End Device and use its functionalities for the purposes for which the Software is intended, as specified in Terms and Conditions
    • Based on the License, only one Customer (i.e. one natural person) may use the Software.
    • The Client is only entitled to install and use the Software on one End Device at a time; in order to use the Software on another device of the Customer, it is necessary to first uninstall and delete the Software from the original End Device.
    • The Customer may not install the Software onto a remote server.
    • The License is granted without any territorial limitation (i.e. worldwide).
    • The Customer will not be provided with the source code of the Software. The Customer may not perform any kind of reverse engineering, decompile, translate, restore or otherwise analyse the Software source code and cannot otherwise use the source code to create a derived work unless enabled to do so by a legal regulation or unless the Customer is granted a prior written consent of the Provider. The Client is not allowed to alter, modify, change the Software or its parts or otherwise interfere with them, to merge the Software or its part with another work, or to include the Software or its part in a collective work.
    • The Customer may not provide a license to the Software to a third party (sub-license) or assign the License to a third party. The License and/or any part thereof cannot be lawfully transferred, lent, rented, sold, or otherwise provided to a third party.
    • The Provider and the Customer hereby jointly exclude all legal licenses, or any free use permitted by the law in favour of the Customer, unless those may not be lawfully
    • This Article 2 applies analogously also to any legally protected intangible assets included in the Software other than copyrighted work (in particular databases, trade secrets, industrial property).
    • The License is granted for consideration, which is included in the price of Subscription to the Software paid by the Customer in compliance with Terms and Conditions.
    • The Software may include documentation, in any format, in particular standard user manuals, system requirements or other specifications of functions of the Software (hereinafter as the “Documentation”). Terms of use of the Documentation are governed by this EULA analogously.
    • The Customer is solely responsible for operation of the Software in accordance with all the laws and regulations applicable and effective in the territory in which the Customer operates the Software.
    • The Provider makes no representation or warranties in respect of the Software and/or Documentation and expressly excludes all other warranties, expressed or implied, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
    • The Customer will not remove any designation of proprietorship, copyright, trademarks, or other designations from the Software and/or Documentation. The Customer may not seek protection for or use the name of the Software as a trademark nor otherwise claim that name.
    • The Customer is obliged to inform the Provider of any suspected unauthorized use of the Software and/or Documentation without undue delay as soon as they become aware of such circumstances. The Customer agrees to provide the Provider with all requested cooperation in investigation and protection of the intellectual property rights of the Provider.
    • The Customer is obliged to take all appropriate measures to protect their data and systems while using the Software, in particular by creating back-up copies in machine-readable form in intervals that are common in the field, at least once a day. The Provider is not liable for any loss of data and/or damage caused to the systems of Customer and the costs of its recovery if such consequence could have been prevented by complying with the obligation of the Customer under this paragraph.
    • The Provider may suspend the License in case of any suspected breach of the License Agreement by the Customer. The Provider will resume the License once the suspicion is dispelled.
    • The Provider is not liable for any damage, unless it may not be legally waived by the Customer (e.g., intentional damage caused by the Provider, gross negligence caused by the Provider).
    • The License Agreement, once concluded, becomes dependent on the Order based on which the Customer acquired the Subscription to the Software. In case the Order is terminated or ceases to exist for any reason in compliance with the Terms and Conditions, automatically, the License Agreement also terminates, or ceases to exist.
    • Any other statutory options for termination of the License Agreement and/or withdrawal from the License Agreement by the Customer are excluded.
    • The Provider may amend or change the EULA at any time. This amendment and/or change will be sent to the Customer to the contact e-mail address specified in the Account. As of the effective date of the new version of the EULA, the previous EULA shall cease to be effective. By continuing with the use of the Software after the date the new version of the EULA became effective, the Customer expresses their consent with the new version of the EULA. If the Customer disagrees with the amendment of the EULA, they must terminate the License Agreement by cancelling their Account before the effective date of the new version of the EULA at the latest.
    • Information on how Customer’s personal data are processed by the Provider is provided in the document “Privacy Policy”, which is available on the InstaGTO Website.
    • The EULA, License Agreement and rights and obligations arising from them are governed by the law of the Czech Republic. The Customer and the Provider hereby submit to the exclusive jurisdiction of the courts of the Czech Republic, namely District Court in Prague 1 (Obvodní soud pro Prahu 1) in cases a district court has jurisdiction as first-instance court, and Municipal Court in Prague (Městský soud v Praze) in cases a regional court has jurisdiction as first-instance court, all in accordance with the procedural law of the Czech Republic, unless such agreement of the parties on jurisdiction is excluded by applicable legal regulation.
    • If any provision of the License Agreement is or becomes invalid or ineffective, a provision meaning of which is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions of the License Agreement.
    • The Customer agrees that the Provider has the right to assign the License Agreement, or a part thereof to a third party. Customer may not transfer, assign, pledge or otherwise encumber its claims against the Provider without the prior written consent of the Provider.
    • The EULA comes into effect on 12.2021.