This License agreement is legally binding between GRETOM Consulting Greber Tomasz hereinafter called the Producer, and the Purchaser as the end user. The PQ-FMEA+ software program is hereinafter called the Program. By installing the program, the Purchaser accepts the terms and conditions of this license agreement.
License and obligations
The Producer hereby provides the Purchaser with the non-exclusive License to use the Program for an unlimited period of time. The License is granted upon Purchasers acceptance of the terms of the license agreement. The Program is the property of the Producer. It is protected by the law of Poland (the act dated 4 February 1994 on copyrights and related rights original text, Journal of Laws of 1994, no. 24, item 83 with further amendments) as well as international intellectual property laws and legal ownership laws. The Program is licensed, according to the terms of this agreement, not sold, to the Purchaser. The Producer reserves all rights not expressly granted to the Purchaser in this license agreement.
Licensee has the right to:
Licensee does not have right to:
Program or in attached materials.
Licensee is obligated to:
Violation of Producers rights
If it is confirmed that the Purchaser has violated any provision of this agreement, the Producer shall be entitled to withdraw the License from the Purchaser and to pursue compensation which encompasses both damage rectification and lost benefits.
The Producer does not warrant that the software will gratify the Purchasers expectations. The Program has been thoroughly tested in terms of proper functioning and compatibility with other software, however the Producer does not warrant that the Purchasers use of the Program or compatibility with other software (in particular with operating systems, database systems and libraries supplied by other device or software producers) will be free from interruptions or error free. The information in this agreement, descriptions and documentation related to the Program and its content does not serve as commitment regarding the software quality and its particular functions. The Producer shall not be held responsible for damage arising from the use of the program or inability to use the program, irrespective of how this damage occurred and what it is concerned with. The Purchaser is fully responsible for the use of the program for particular reason. The Producer cannot assure the Purchaser that the protection in the Program is able to protect data against loss by way of theft or other illegal actions of third parties. The Producer reserves the right to block the license number without prior notice.
High risk activities
The purpose of manufacturing and designing the Program is not to use it or sell it as a component of PC control systems, in real time, which require failure-free operation and are applied particularly in navigation, land communication, air or sea communication, tracking, life-supporting equipment or other systems whose reliability may be a direct cause of death, injury or serious damage to property or environment.
Exclusion of liability for loss
The Producer shall not be held responsible for any accidental, non-accidental, foreseeable and unforeseeable, direct or indirect or similar damage (including lost benefits or data, violation of personal rights, loss of financial means or products, delay or suspension of business) arising from the use of the Program, even if the Producer has been informed about potential damage beforehand. Any waivers or limitations specified above shall apply regardless of whether the purchaser accepts the Program or whether the claim has been pursued by the Purchaser or third party affected. Under no circumstances and in the light of no legal theories concerning the tort liability, the Producers responsibility in relation to the Purchaser on the basis of this agreement shall exceed the amount the Purchaser paid for the License to use the Program and may concern solely real and well-documented financial losses caused to the Purchaser by intentional actions of the Producer.
Either party undertakes to keep secret all confidential information, proprietary information and trade secrets of another party regarding this agreement. Either party shall treat this agreement and its terms as confidential information. The aforesaid obligations related to confidentiality shall remain effective despite expiration of this agreement.
Language of the agreement
This agreement may be translated into many languages. In the event of any doubts or discrepancies, the Polish variant shall apply.
The law applicable for interpretation of this agreement shall be the law of the Republic of Poland. The Purchaser shall not cite legal acts applicable in the country in which its head office is registered or international law acts whose standards remain at variance with this agreement.
In case of any disputes, the parties shall refer the case to the Polish common court having its jurisdiction over the head office of the Producer. The above-stated clause shall not exclude the Producers right to bring a lawsuit in any arbitration court, including the international arbitration court.