This Licence does not allow the installation and use of the Application, before the full amount for the licence fee has been paid, and the Licensor has granted an individual Licence Key.
§1Within the meaning of this contract:
- Licensor - CONREGO Tomasz Chrosciechowski, having its registered main office at ul. Władysława Grabskiego 4/12, 66-400 Gorzow Wielkopolski, Tax Identification Number: 599-197-05-63, REGON No.: 211031827.
- Licensee – An entity that has purchased a licence to install and use the Application, directly from the Licensor, without the right to transfer the licence to third entities or parties.
- Application - Software owned by the Licensor and distributed under the name of CONREGO Light or CONREGO Pro, excluding Libraries, which constitutes work, within the meaning of the Act on Copyright and Related Rights of 4th February 1994 (Journal of Laws of 1994, No. 24, item 83), subject to provisions of art. 1, item 5, aimed at supporting organisers of Events.
- Website – These are the https://conrego.com website or the https://conrego.com.pl website run by the Licensor.
- Documentation - It defines software documentation, including the installation and operation manual for the Application, provided by the Licensor on the Website pages, in an electronic form.
- Assistance – There is technical support provided for the User, in the scope of using the Application, using such electronic means of communication as:
- Electronic mail (email@example.com) and the contact form made available on the Website;
- The tawk.to instant messenger application integrated with sub-pages of the Website;
- The DISQUS application integrated with sub-pages of the Website; or
- The Documentation made available on the Website.
- Libraries - Source codes that do not constitute work of the Licensor, used in various modules of the Application.
- Licence Key – It is a unique string of characters used to activate the Application installed on an Internet server, which is generated for a single Internet domain and unlocks access to the functionality of the Application.
- User – Licensee, or an entity, for which the Licensee constitutes a Sub-contractor.
- Sub-contractor – It is the Licensee that implements the Application for the benefit of a third entity, and makes the Application available for use, without the right to do the following: transfer the rights resulting from the licence, make use of Assistance, or transfer the Licence Key.
- The Licensor hereby declares that they are the sole and independent author of the Application and on this account they are entitled to exclusive copyrights, resulting from the Act on Copyright and Related Rights of 4th February 1994.
- The Licensor declares that the Libraries used in the Application are in compliance with the provisions of the licence that define the conditions of their use, and that the Licensor has a right to use them and sell the Application that uses Libraries.
- The subject-matter of this contract is granting a licence (sale of rights) for a single copy of the Application, intended for installation on a single, selected Internet domain.
- The Licence is non-exclusive and it is granted for an indefinite period of time.
- The price the Licensee is obliged to pay, in return for granting the Licence, has been specified in the price-list published on the Website.
- The Licence includes the right to update the Application, by re-installing the newest versions marked by the same initial number as the purchased version of the Application (e.g. from v4.05 to v4.99, or from v5.30 to v5.80).
- The pre-condition for obtaining an Update is previous installation and activation of a downloaded copy of the Application, using the Licence Key provided by the Licensor.
- The Licensor provides for the Licensee to apply for a single transfer of the Licence Key to a different Internet domain.
- A motion to change an Internet domain assigned to a specific Licence Key must be delivered electronically, using the email account that was provided when purchasing the Application.
- The Licensor provides a price-list concerning the software, an order form, and a list of files made available for downloading, on its Website pages.
- The copyrights to the Application that the Licensor is entitled to include the entire Application code, the implemented technical solutions, the layout and selection of elements on a page, the structure of pages, all descriptions pertaining to the Application, the structure of folders, and all data structures.
- It is not allowed to copy any solutions or elements used in the Application, or in implementations based on it. It is particularly not allowed to make copies of implementations that run based on the Application, using software provided by other companies.
- The Licensee may transfer the Application from one server to another, provided that they have kept the domain that was originally assigned to the Licence Key, except the situation defined in art. 4, section 3.
- The Licensee may carry out its implementation, within a single Internet domain, excluding its top-level domains, using a single copy of the Application.
- The Licence granted pursuant to art. 3, section 1, includes:
- The right to use the Application by the User, according to the Documentation;
- The right to make any number of copies of the Application for the purpose of archiving, or as back-up copies, subject to provisions of art. 5, section 2, on any data storage device;
- The right to modify the source code of the Application, according to their own needs, subject to provisions of art. 8, as part of the single copy of the Application in their possession.
- The Licence includes the possibility of making the implementation of the Application available for use by third entities, paid or free-of-charge, by the Sub-contractor.
- The Licensee is not authorised to transfer the rights to the Application licence, Assistance, or to the Licence Key, to any other person or company.
- The assignment of rights resulting from the licence to a different person or company is only possible in extraordinary circumstances, e.g. when a company of the Licensee is transformed into a different business entity, provided that the Licensor has given their consent for such assignment.
- The source code of the Application is not open and public. The Licensor makes available a part of the source code they have specifically selected, in a non-coded form.
- The Licensee is not authorised to make the source code of the Application public, in whole or in part, in any form. Should the Licensee order to have any modifications to the source code of the Application made by third parties, such third parties must be informed by the Licensee that is it not allowed to make the source code of the Application public.
- The Licensor has a right to claim compensation from the Licensee, resulting from losses they have suffered following the publication of the source code of the Application, if the Licensee has contributed to making the code public.
- Should the source code of the Application be modified by the Licensee, the Licensor shall not be liable for the incorrect operation of the Application, and the Licensee will lose all the rights resulting from the licence.
- The Licensor grants a warranty for the correct operation of the Application, for the period of 12 (twelve) months, from the day the Licensee was granted the rights to use a copy of the Application, provided that it is used in compliance with the Documentation and this Licence.
- The Licensee is entitled to Assistance for the period of 3 (three) months, starting on the day the contract was signed.
- The Licensor is not obliged to provide the Licensee with the following services: installation, configuration, training, or any other service, as part of Assistance.
- Assistance does not include providing any help in using the following: hardware, operating systems, other software, or applications used by the Licensee.
- The Licensor reserves the right to modify prices, features, technical specification, capabilities, functions, conditions of granting the licence, dates of publication, general availability, or any other feature of all future versions.
- The Licensee declares that the Application performs the functions listed in the description included in the Documentation. Should it be discovered, within 30 (thirty) days from the date of selling the rights to a copy of the Application, that the Application does not perform the functions mentioned above, then the Licensor will undertake to remedy a fault in the Application, subject to provisions of art. 8 and art. 9, and of art. 11, section 3.
- If it is not possible to remedy the fault, the Licensor is obliged to return the remuneration paid by the Licensee. If that is the case, the Licensor shall remove the Licence Key assigned to the User, from the database of active Keys.
- Should the copy of the Application provided to the Licensee be faulty, the Licensor is obliged to issue a new copy of the Application.
- If the Licensee has installed the Application on an Internet server that has a different configuration that the one recommended in the Documentation, the Licensor shall not be liable for any losses resulting from the incorrect use of the Application.
- Should any defects be discovered, regarding the operation of the Application, which result from faults that belong to each of its copies (e.g. faults of the source code), the Licensor is obliged to:
- Eliminate the fault that causes the defective operation, without delay; or Provide the Licensee an update package, free of charge.
- The Licensor decides which of the two forms of remedying the fault specified in the previous section, item a/b, they shall choose.
- The deadline for remedying the fault depends in its nature and how much work it takes to eliminate it. Nonetheless, the Licensor undertakes to carry out appropriate steps, within 14 (fourteen) days from the date when the Licensor received notification that a fault had been discovered.
- The Licensor is responsible for any loss caused by the incorrect operation of the Application, up to the amount equal to the price paid for the purchased version, according to the VAT invoice issued for the Licensee.
- The provision of art. 13, section 1, does not pertain to a situation, when:
- A copy of the Application has been modified, by any other party than the Licensor; or
- The loss resulted from incorrect administration of the Application, on an Internet server that has a different configuration than the one recommended in the Documentation published on the Website pages.
- Furthermore, the Licensor is also responsible for the loss resulting from their wilful misconduct or gross negligence.
- Except for the cases specified in sections 1 and 3, the Licensor shall not be responsible for any loss suffered by the Licensee, resulting from using the Application, and in particular for any profits lost because its operation had been temporarily incorrect.
- The Licensee that uses the Application is obliged to place the information that the Application is software of the Licensor, by putting the CONREGO graphic sign in the footer on every page of the website where they are installing the Application. If the sign is clicked, the user will be redirected to https://conrego.com or https://conrego.com.pl.
- Should the obligation resulting from art. 14, section 1, fail to be satisfied, the Licensee shall lose the licence to use the Application.
§15The Licensor is not obliged to prepare any other updates of the Application, other than those that shall be required to ensure its correct operation.
§16Should any third party file a claim against the Licensee, referring to copyrights, the Licensee is obliged to immediately inform the Licensor about it, and provide personal details concerning any such third party, in order to make it possible for the Licensor to prove that they are the author of the Application, and to protect their rights.
- Should the Licensee act contrary to the provisions of this contract, the Licensee is obliged to pay the Licensor a contractual penalty, equal to the amount paid for a single licence for the Application in the version purchased by the Licensee, according to the price-list published on the Website.
- However, the Licensor may seek remedy for the damage resulting from the act of the Licensee contrary to the provisions of the contract, if the value of the damage exceeds the value specified in the previous section.
§18This contract can be amended in writing, exclusively.
§19Should any provision of this contract turn out to be invalid or unenforceable, for reasons beyond the control of the Licensor, all other provisions of the contract shall still apply, and Parties undertake to organise their own affairs and mutual interests in such a manner that the goals specified in this contract can be satisfied differently, according to law, and in an enforceable way.
- The Parties declare that they are willing to settle any potential disputes, resulting from performing this contract, first and foremost by coming to a mutual agreement.
- Should it be impossible to settle a dispute amicably, the court competent to settle any claims resulting from this contract is the court having jurisdiction over the main office of the Licensor.