Terms and Conditions
END USER LICENCE AGREEMENT
according to the Mosaic Multi-table organizer (hereinafter: the Program)
by and between
the Licensee – the end user operating the computer on which the program is installed
and the Licensor – XDS Ltd. (2 Hadak utja, H1115 Hungary)
Licensor states and warrants that it is the exclusive intellectual property rights owner of the Program.
By downloading, installing, copying, accessing, or otherwise using the Program, licensee agrees to the terms of this agreement.
In case licensee agrees to the term of this agreement, licensor grants licensee a nonexclusive license to use the Program, make and install
- Licensee’s obligations
Licensee shall lawfully obtain the program and comply with the terms of this agreement. Licensee shall ensure that anyone who uses the program complies with the terms of this agreement.
The granted license is limited to the indented use of the Program, including the necessary replication during the installation of the Program.
The license is not extended to the copy, modification, distribution, transfer of the Program except in case of the express permission of the licensor.
Licensee in not entitled to use any of the program’s components, files, modules, or related licensed materials separately from that program and to sublicense or lease the program.
The terms of this agreement are applicable to any updates of the Program and to the new versions of the Program.
The Program shall not be used in a way that is not in line with any other third party or with the applicable laws and regulations.
Licensor is aware of the fact and gives its consent to that the Program may collect certain technical and related information, including some data about the Program-using computer or device, the operating system and related peripheral hardware, security configuration, system settings, and network connections, as well as the ID, name, use patterns, and other identifiable information of the licensee’s computer. The information are collected exclusively to the support of the license which can not contain sensitive data – such as password, credit card number…etc.
Licensor licenses the program for a fixed term. Licensee’s license is terminated at the end of the fixed term, unless licensee and licensor agree to renew it or at the termination of this agreement by any of the parties.
Licensor may terminate licensee’s license without notice if licensee fails to comply with the terms of this agreement.
If the license is terminated for any reason by either party, licensee agrees to promptly discontinue use of and destroy all of licensee’s copies of the program. Any terms of this agreement that by their nature extend beyond termination of this agreement remain in effect until fulfilled, and apply to both parties’ respective successors and assignees.
- Limitation of liability
Except the liability for premeditated non-performance of an obligation and the non-performance of an obligation resulting in loss of life, or harm to physical integrity or health, licensor shall not be liable for the damages in connection with the use of the Program. So the licensor shall not be liable, to the extent permitted by applicable law, for any loss of income or profits, loss of sales opportunity, loss of data, business traffic shortfall, or any special, incidental or consequential damages, regardless of the injury, even in the case if the licensor had been notified of the possibility of the occurrence of such damage. Licensor is not liable for the damages due to correct or improper use of the Program or force majeure event. Licensor is not liable for any damages due unauthorized access to the licensee’s data and their unauthorized modification, the involvement of a third party.
Licensor does not warrant that the Program fully satisfies the specific needs of the licensee and that it is able to cooperate with other software products. Licensor does not warrant that the program work without interruption or error. Licensor does not warrant that the data resulting from the use of the Program are reliable and accurate in all cases. Licensor does not warrant that errors of the Program will be corrected immediately.
In any cases where the licensee – within the provisions of the present agreements and in accordance with the law – is entitled to claim damages from licensor, licensor’s entire liability for all claims in the aggregate will not exceed the amount of USD 100.
This limit also applies to any of licensor’s program developers and suppliers. It is the maximum for which licensor and its program developers and suppliers are collectively responsible.
These provisions dose not exclude or limit the remedies available to the consumer against the licensor in the case of non-performance.
Licensor reserves the right to lead out the Program from the market, abandon the distribution or the service providing of the Program. The Licensor shall not be deemed liable in these cases if its proceeding complies with the applicable law.
Licensor does not and is not obliged to proved maintenance or support services regarding the Program.
Licensee is not entitled to use or exploit any copyright in any form of the Licensor or the Program
Nothing in this agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions of this agreement remain in full force and effect.
This agreement shall be governed by and construed in accordance with the laws of Hungary. This provision shall not mean that the consumer is deprived from the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of this provision, would have been applicable.
All rights, duties