EasyInput – License Card – Trial version
Software |
EasyInput – Easy Communication Excel - SAP |
Licensor |
All for One Poland Sp. z o.o., ul. Krzemowa 1, Złotniki, 62-002 Suchy Las k.Poznania, Poland |
Licensee |
The company which/ the person who has downloaded / uses the trial version code |
License type |
Temporary license for using the trial version of the Software for a period of 60 days |
This License Card specifies the scope of license granted to the Licensee by All for One Poland Sp. z o.o. for the trial version of the Software.
1 THE LICENSE
1.1 All for One Poland (Licensor) warrants and represents that it is authorized to administer the copyright to the Software.
1.2 The Licensor hereby grants the Licensee temporary license to use the Software within the scope of permanent or temporary multiplication, including by means of making electronic copies, a computer program as a whole or in part, storing on electronic data carriers, introducing to computer's memory, displaying to the extent necessary for the normal use of the Software according to its functionality, purpose and intended use ("License").
2 PRINCIPLES OF SOFTWARE USE
2.1 The License does not entitle to sublicensing and is non-transferable. Unless the License provisions specify otherwise, without prior written consent of Licensor, Licensee is not entitled to:
2.1.1 distribute the Software in any way, in particular make available, resell, lease, rent or lend the Software without written consent of the Licensor;
2.1.2 lease or lend copies of the Software;
2.1.3 use the Software in any other way than in conformity with the mandatory legal regulations, which does not require Licensor's consent;
2.1.4 make attempts to remove, break or go around the technical safeguards against unauthorized access, activation, multiplication or distribution of the Software;
2.2 If any of the activities described in point 2.1 above, based on appropriate legal regulations, is permissible without the necessity to obtain the authorized party's consent and, due to legal regulations, such a possibility has not been excluded in the provisions of point 2.1, the Licensee undertakes to immediately inform the Licensor of the fact that such use has commenced.
2.3 The Licensee has the right to use the Software only and exclusively for the benefits of its own enterprise and its affiliates or for its own company only according to the license type.
2.4 The Licensee should use the Software with respect to SAP software licenses possessed (including SAP NetWeaver RFC access or SAP Net Connector access).
2.5 The provisions specified herein do not create any sort of obligation on the Licensor to provide any services concerning the Software for the Licensee, in particular carry out Software installation, adapt the Software to Licensee's needs or conduct training. Any and all such services can be provided only based on separate arrangements made between the Parties.
2.6 The Licensee acknowledges and agrees that it shall use the Software at its risk and takes full responsibility connected with the quality, efficiency, accuracy and achievements. To the maximum extent permissible by applicable legal regulations, the Software is delivered "as is" with all its defects and without warranty. The Licensor rejects any and all warranties in relation to the Software, expressed, implied or statutory, including implied warranties and/or conditions of trade, quality and fitness for a particular purpose, accuracy, utilization. The Licensor does not guarantee that the Licensee shall be satisfied with the Software, that the Software functions shall meet the Licensee's needs, that the functioning of the Software shall be uninterrupted and free from any errors, and that Software defects shall be eliminated. No oral or written information provided by the Licensor constitutes a warranty. If any Software defects are detected, the Licensor incurs any and all costs connected with maintenance, repair or correction. Some countries do not allow excluding implied warranty or restrictions in the scope of applicable statutory regulations, therefore the restrictions above may not be applicable.
2.7 The Licensee acknowledges that the trial version is protected with a license key and its code may be, in whole or in part, protected. The Licensee acknowledges that the trial version may differ from the full version.
3 LIABILITY OF THE PARTIES
3.1 The Parties exclude Licensor's liability for the warranty for defects.
3.2 The Parties exclude Licensor's liability for any damage caused to the Licensee, including:
3.2.1 any damage resulting from the Licensee's use of the Software, in particular damage in the form of data loss or damage connected with the inability to use the Software, including in relation to Software defects,
3.2.2 any damage resulting from Licensor's failure to perform or inadequate performance of its obligations hereunder,
3.2.3 lost benefits (lucrum cessans).
3.3 Excluding Licensor's liability does not apply to the damage caused to the Licensee willfully and any other situation in which excluding Licensor's liability is not possible due to applicable legal regulations.
3.4 Excluding Licensor's liability, mentioned in point 3.2, applies to all types of liability, including liability for a tortuous act.
3.5 The Parties exclude Licensor's liability for Software defects governed by the provisions of the Polish law act of 04 February 1994 on copyright and related rights (Official Journal of 2006 no. 90 item 631 as amended).
4 TERM AND TERMINATION
4.1 The License is granted for a specified period of 60 days from the moment the license key is delivered to the Licensee by the Licensor.
4.2 The License may be terminated by Licensor with immediate effect (without notice) if:
4.2.1 The Licensee uses the Software contradictory to the provisions hereof;
4.2.2 In the case of License validity expiration, the Licensee undertakes to cease using the Software and, as far as possible, to delete any copies thereof from the data carriers where the Software was stored (including in particular installation on computers) and to return to the Licensor or destroy any and all copies of the carriers with the Software which were handed over to the Licensee by the Licensor.
5 FINAL PROVISIONS
5.1 Any and all notices required, permissible or made in connection with the provisions hereof, as well as any and all declarations connected with them, shall be sent to the addresses and contact details of the Parties specified in the heading of the license card above, in a written form under pain of invalidity.
5.2 If any provision hereof is considered invalid or unenforceable, it shall not affect the remaining provisions. In such a situation the Parties, as a result of negotiations conducted in good faith, shall substitute such an invalid or unenforceable provision with a provision that is as closest to the original business meaning and Parties' intentions as possible from the legal point of view.
5.3 The Licensee is not entitled to transfer all or some of its rights or obligations hereunder to any third party without obtaining prior consent of the Licensor in writing under pain of invalidity.
5.4 Any and all changes hereof, including changes and amendments of Annexes, require a written form under pain of invalidity.
5.5 Any matters not regulated herein shall be governed by the provisions of the Polish law.