License agreement

LICENSE AGREEMENT FOR PQ-FMEA and PQ-FMEA+

Before downloading, installing, using this program PQ-FMEA or PQ-FMEA+, please familiarize yourself with this license agreement.

By downloading, installing, or using the PQ-FMEA or PQ-FMEA+ program, a Users declares that they was acquainted with the license terms and that they accepts the terms of the license agreement.

If you don’t accept the terms of this license agreement, you are not entitled to install or use the PQ-FMEA or PQ-FMEA+ program.

In case if a Users doesn’t agree to any of the conditions set out in this license agreement, they should immediately uninstall PQ-FMEA or PQ-FMEA+ program.

 

Definitions

1. The definitions indicated below have the following meanings:

• “Agreement” – license agreement;
• “User” –license Holder;
• “Licensor” – Gretom Consulting Greber Tomasz;
• “Intermediary” – company other than Licensor authorized by Licensor to sell the Program;
• “Parties” – User, Licensor, Intermediary;
• “Program” means a PQ-FMEA or PQ-FMEA+ computer software used to analysis the failure mode and effects types and all its components, as well as any related instructional materials and any other documentation related to the Program, including in particular any Program descriptions, technical data, any description of its properties or operation, any description of the operating environment in which the Program is used, operating manuals or installations of the Program, and any descriptions of how the Program is used for which Licensor grants User a license in accordance with these Terms;
• “License” – the right to use the Program.

General provision

1. License and obligations

• The subject of this Agreement is to grant the User the right to use the Program by Licensor, through the Intermediary, provided that the User complies with the provisions of these Terms.
• The Licensor declares that the Program is the property of the Licensor and has the rights, unlimited by any rights of third parties, of ownership and copyrights to the Program, including its disposal and licensing.
• The Program as a work is subjected to protection under the Act of 4 February 1994 on Copyright and related Rights.
• The Program and all rights associated with it, including but not limited to ownership rights and intellectual property rights to the Program, belong to the Licensor. These rights are guaranteed by the provisions of international treaties and by all applicable laws in force in the country in which the Program is used.
• The structure of the Program, the way how this Program is organized and the code contained in it constitute trade secrets and confidential information of the Licensor.
• Licensor hereby reserves all the rights to the Program, with the exception of rights expressly granted to the User under this Agreement.

2.  Statements

• The Licensor declares that the use of the Program under this Agreement does not infringe any intellectual property rights of third parties and does not require obtaining any permission from third parties.
• Licensor does not transfer any rights to the Program to the User, but only grants User the right to use it in accordance with the provisions of this Agreement. All the rights not arising from this Agreement are reserved by Licensor.
• Proper operation of the Program requires Java software installed on your device not older than version 1.8.0, which a User is aware of and agrees to this.

3. Licensor hereby grants User a non-exclusive license of the purchased Program for an unlimited period of time or for a year, unless the contract states otherwise (when purchasing a subscription option).
4. The License referred to above is granted to the User in the following fields of operation:

• saving to computer memory;
• durable storage on computer;
• view on computer;
• making one archive copy.

5. The License is granted on the date of acceptance by the User of the terms of this Agreement.
6. The License entitles the User to:

• install the Program on the number of computers specified in the proof of purchase;
• download the current version of the Program for one year from the date of conclusion of the License Agreement, unless the proof of purchase provides otherwise.

7. Limitation of rights.

• the User cannot use the Program in any other way than the one indicated in these Terms.
• User has no right to:
  • sell the Program, sublicense it, hand it over for use, rent it to others or borrow it from others, and has no right to use the Program in order to provide services (services within the meaning of Art. 734 of the Civil Code in connection with Art. 750 of the Civil Code) with the purpose of obtaining a financial benefit to third parties, rent or transfer the License granted to them to third parties in a different form (including by way of legal succession), and in particular the User has no right to transfer the license file and data necessary to download the Program, without the prior written consent of the Licensor;
  • take actions involving the use of a license file, data necessary to download the Program, which does not comply with the provisions of this Agreement or which lead to the transfer of a license file, data necessary to download the Program to a person who is not authorized to use the Program, such as the transfer of the used or unused license file, data necessary to download the Program in any form, as well as for unauthorized reproduction or distribution of duplicated or generated license files, data necessary to download a Program, or use of the Program as a result of the use of a license file, data necessary to download a Program obtained from a source other than the Licensor;
  • the establishment of a pledge on rights under the Agreement;
  • distribute the Program (code) without the written consent of the Licensor;
  • to make copies of the Program, except for one copy for archival purposes, though that copy cannot be used simultaneously with the Program;
  • modify, adapt, translate, recompile the Program and the accompanying documentation by changing, attempting to reproduce or otherwise interfere with the source code of the Program or otherwise;
  • try to decompile the source code of the Program (reverse engineering);
  • create derivative products on the basis of the Program or make the reference to the Program in the process of the creation of derivative products;
  • remove, erase or alter trademarks, copyright markings and product information provided in the Program or in the accompanying materials;
  • install the Program on network computers/servers (the License includes installation on desktop computers or laptops that are not network computers) with the exception of unlimited license.

8. License holder is obliged to use the Program in a manner consistent with any provisions that apply to the Program due to territorial jurisdiction of License holder, including, but not limited to, the applicable restrictions on copyright and other intellectual property rights.

Additional duties and powers of the parties

1. a User has the right to:

• to obtain telephone or e-mail assistance consisting in clarifying the functioning of the Program for one year from the date of conclusion of the License Agreement;
• to operate the Program only in accordance with its function and purpose, regardless of the technical possibilities of other use, in accordance with the operating manual of the Program, which is included in it.

2. The User is obliged to:

• protect the recording of the Program against accidental loss and unauthorized access by third parties;
• enable the Licensor to control the scope of use of the license and cooperate with the Licensor in this regard.

3. The Licensor is entitled to control how the License Holder uses the Program in terms of his compliance with the provisions of this Agreement and the purpose of the Program.
4. The Licensor is entitled to check the technical protections of the Program, including whether an attempt to remove or circumvent them has been made. If the audit reveals that a License Holder has a computer program that is solely intended to remove protections, Licensor may demand the destruction of such a program.

Software upgrade

1. A License Holder has the right to access the Program Upgrade within one year from the date of conclusion of the Agreement, unless otherwise provided in the proof of purchase.
2. Access to the Program upgrade, after one year from the date of conclusion of the Agreement, unless the proof of purchase provides otherwise, is additionally payable and entitles the User to upgrade the Program for a period of one year from the date of purchase of access to the Program upgrade.
3. Program upgrades contain newer versions of the Program including bug fixes detected from the time when previous versions of the Program were released or containing new features added to the Program, including updates to the content/requirements of standards, if such occurred.

Technical support

1. A User has the right to receive technical support for the Program within one year from the date of conclusion of the Agreement, unless the proof of purchase provides otherwise.
2. Obtaining technical support, after one year from the date of conclusion of the Agreement, unless the proof of purchase provides otherwise, is additionally payable and entitles the User to obtain technical support for a period of one year from the date of purchase of access to technical support.
3. Technical support is about obtaining information related to the operation of the Program, indicated in this paragraph, i.e. installation, launching, uninstalling, changing the place on which the Program is used.
4. Technical support also includes:

• diagnosis and taking actions to eliminate errors related to Program;
• pointing out the alternative solutions, while the Program errors are being resolved.

5. Erroneous results related to the use of the Program, resulting from lack of knowledge of the FMEA method and methods, related documents (e.g. control plans, process flow), its incorrect application or other improper use on the User’s side, do not constitute a Program error and are not subject to technical support.
6. In addition, technical support shall not include in particular:

• Program errors caused by defects or improper performance of the equipment, improper installation, use not in accordance with the instructions;
• incorrect operation of the Program resulting from the malfunction of other software installed on the User’s computer, in particular the operating system, antivirus programs.
• consultations, training and workshops on FMEA and methods, related documents (e.g. control plans, process flow), in particular substantive aspects, provision of advisory services and substantive support related to the creation of own documents by the User;
• trainings in technical support provided for the Program;
• consulting services in the field of issues related to the configuration of the Licensor’s system other than necessary to start and use the Program and update the Program;
• technical support services related to the operation of devices, except for answers to questions concerning their cooperation with the Program and Program updates;
• technical support services related to the operation of Program and Program updates in a manner inconsistent with the documentation attached to the Program and the Program update and updating documentation.

7. The technical support referred to in this paragraph shall not apply to a Program which:

• has been modified by the User or any other third party in a manner inconsistent with the terms of this Agreement;
• is in the life cycle (version) excluded by Licensor from the support and procedure for technical support.

8. In order to get acquainted with the current version of the Program which is subject to technical support for each product on offer, see https://pq-fmea.com/introduction/software-update/. Technical support is provided in Polish and English.

Obtaining technical support

1. Obtaining technical support takes place by informing about the need for it by authorized persons.
2. The User may designate the persons authorized to inform about the need for technical support. The number of people should correspond to the number of sites for which the license was purchased or be up to 5 people when purchasing an unlimited license.
3. Notification by authorized persons of the need for technical support should take place in the form of an e-mail, sent to a dedicated office address: helpdesk@pq-fmea.pl or by phone at +48 71 363 21 42.
4. Notifications can be made at any time when there is a need for technical support.
5. The notification should contain as much information as possible needed for its implementation: A description of the problem/error, a message appearing when the problem/error occurs, if any messages appeared, software versions, type of peripheral devices that are used, if the problem/error concerns the cooperation of the Program with these devices.
6. In the case of a report which does not contain the above-mentioned data, it may be left without consideration.
7. Notifications for the technical support are handled by the office on working days, from Monday to Friday, from 8-16. In UTC+01:00 (Central European time /CET/ in winter from October to March) and UTC+02:00 (Central European Summer time /CEST/ in summer from March to October).
8. The Office does not provide technical support on national public holidays in the territory of Poland, i.e. 1 January, 6 January, Easter Monday, 1 may, May 3, Corpus Christi, August 15, November 1, November 11 – National independence Day, December 25, 26 December.
9. Confirmation of acceptance of the notification takes up to two working days in the form of e-mail or by phone, depending on the arrangements and form of the application. Confirmation of the acceptance of a properly prepared error report or other problem by the User is sent in the form of return email to the e-mail address indicated by the User in the notification of an error or other problem confirming the acceptance of the error report or other problem.
10. In the event that an error is reported outside office hours, the deadline for confirmation of receipt of the notification begins from the next working day.

Breach of the contract

1. In the event that the User breaches Terms of this Agreement by attempting to reproduce the source code of the Program by decompilation or disassemble or otherwise, rights to any information that the User obtains as a result of such attempt, will be deemed automatically and irrevocably transferred to Licensor at the time of creation of such informations, regardless of the rights of Licensor in connection with violation of the terms an conditions by User specified in this Agreement.

2. In case of violation by the User of the provisions specified in this Agreement, Licensor shall have the right to terminate the Agreement without notice and with immediate effect and to withdraw the License granted to the User without refund of the fee and to seek compensation, covering both the repair of the damage and the lost benefits.

Limitation of liability for damages

1. The Parties agree that Licensor’s liability for damages under this Agreement and use of the Program by User is limited.
2. Licensor is liable only for damage that may be caused to the User on purpose.
3. Licensor is not responsible for any damage that may be caused to User by any other means than willful misconduct.
4. Licensor shall not be liable for any incidental, non-incidental, foreseeable or unforeseeable, direct, indirect or similar damages (including any loss of benefit or data, violation of personal rights, loss of funds spent or products used, delay or stop of the Company’s operations) that arise as a result of the use of the Program, even if the User has not been warned about the possibility of such damage. The foregoing waivers and limitations will apply regardless of whether a User accepts the License terms and whether the claim has been made by User or a third party that has suffered damage. Licensor shall not be liable for any damages resulting from the use of the Program or the inability to use the Program regardless of how such damages occurred and what they relate to.

Exclusion of liability under warranty

1. The User accepts the Program in the state in which it was provided.
2. Licensor does not guarantee that the Program and its functions will meet the User’s expectations or that the operation of the Program will be uninterrupted and error-free.
3. The User assumes all responsibility and risk for choosing the appropriate software necessary to achieve the his/her objectives, proper installation of the Program and its use and results of use.
4. Licensor does not guarantee that the Program will be completely error-free and cooperate properly with other software, in particular with operating systems, database systems and libraries provided by other manufacturers of devices or software.
5. The information contained in this Agreement, the descriptions and documentation of the Program and its contents are not an obligation to the quality of the software and its individual functionalities.
6. The User bears the full risk of using the purchased Program for a specific purpose.
7. Licensor does not guarantee the User level of security in the Program, each time protecting data against loss by theft or other unlawful activities of third parties.

High-risk activities

1. The User is not entitled to use the Program or to allow the use of the Program as an element of computer control systems in real time, which require fault-free operation, used in particular in navigation, land, air or sea communication, traffic control, life-supporting devices or other systems, the reliability of which may be the direct cause of death, damage to the body or serious material or environmental damage.
2. A User agree not to use and prevent the use of the Program in the manner referred to above.
3. Licensor shall not be liable for any loss of profits, the revenues or their sources or any data, as well as for damage to property or personal injuries, business disruption, disturbances in the operation of the company, loss of commercial data or any other damage, as well as lost benefits regardless of the cause of the damage and regardless of the legal basis and whether it was reported in connection with the installation or use of the Program, or in the event of inability to use it.
4. In case if the generally applicable laws of a jurisdiction do not allow the exclusion of liability for damages, but allow limitation, the liability of the Provider, its employees, Licensors is limited to the amount paid by the Licensee for the License.

Confidentiality

Each parties agrees to keep secret all confidential information, proprietary information and trade secrets of the other Party obtained in connection with this Agreement. Each party will treat this Agreement and its terms and conditions as confidential information. These confidentiality obligations will remain in force despite the expiry of this Agreement.

Language of the contract 

This Agreement may be translated into different languages. In case of any doubts or discrepancies, the Polish version will prevail.

Settlement of disputes

The Parties agree that any disputes that may arise in relation to the execution of the Agreement shall be solved by the general court locally competent for the Licensor. The above does not exclude the right of Licensor to bring an action before an arbitration court of his choice, including an international arbitration tribunal of his choice.

Primacy of the provisions of the Agreement

The Parties agree that if the provisions of this Agreement conflict with the provisions of any other mandatory and binding on the Parties legal acts the provisions of this Agreement shall prevail to the extent that they would conflict with those other acts.