Psiloc license agreement IMPORTANT INFORMATION ABOUT THE SOFTWARE YOU ARE ABOUT TO DOWNLOAD, INSTALL OR USE LICENSE AGREEMENT WARNING. Please read the following contents before downloading the Software. The following provisions constitute a legally binding agreement, whose subject matter is granting a license to use the Software specified in point 1 hereunder. The Software may be saved on a memory card of a mobile phone, sent to the user by electronic mail, downloaded from shop.psiloc.com, or may come from different sources, on terms and conditions set forth hereunder. This Agreement concerns the rights of an end user and does not constitute a sale agreement. Psiloc remains the owner of the Software copy, of storage media or of any other copy which you make in accordance with this Agreement. If you do not accept any of the provisions of this Agreement, you must resign from installing the Software or using it in any other way in whole or in any of its parts. By accepting this Agreement you acknowledge and agree that you have read this Agreement, understand its provisions, and that you consent to be bound by terms and conditions of this Agreement. 1. Software. For the purposes of this Agreement the term “Software” shall mean collectively: (i) a computer product specified in documentation connected therewith, (ii) the whole content of disk(s), electronic mail and any files attached thereto, including software code (object code form) obtained by electronic mail or website, (iii) digital images, (iv) written materials and any other documentation connected therewith (“Documentation”); (v) unblocking codes and (vi) improved or changed versions, updates, supplements or copies of the Software (collectively refereed to as “Updates”), if there are any, to which Psiloc grants you a license in accordance with this Agreement. 2. Intellectual property rights. Save as otherwise explicitly provided, the Software and all rights, including without limitation intellectual property rights, shall remain Psiloc's property and shall be protected in accordance with provisions of international agreements and any other national provisions of law applicable in the country in which the Software is used. The structure, specific design and source code of the Software constitute Psiloc's valuable trade secrets. It is forbidden to make copies of the Software, except for the cases specified in point 5 hereunder. Any copies which you make in accordance with this Agreement must bear the same markings regarding copyrights and other ownership reservations which have been placed on the Software. 3. Parties to the Agreement. The Agreement is concluded by and between the following parties: Psiloc Sp. z o.o., hereinafter referred to as Licensor, and an end user of the Software who is a natural or legal person, hereinafter referred to as Licensee. 4. Conclusion of the Agreement. This Agreement comes into force on the day of the first installation of the Software. 5. Rights of the Licensee. 5.1. The Licensor grants the Licensee for an unlimited period of time a non-exclusive non-transferable right to enter the Software to the memory of a single telephone, install and use the Software on a single telephone, including the right to multiply the Software permanently or temporarily by any means and in any form in order to make one backup copy as far as it is necessary to enter, display or use the Software.(“License”). 5.2. The Licensee shall have the right to make one backup copy of the Software. Use of a backup copy shall be permitted on condition that the said copy is not used simultaneously with the Software installed on another mobile phone. To make any other additional copies, the Licensee shall have to obtain a written consent of the Licensor. The Licensee shall be obliged to save the copyrights information on the copies of the Software. 6. Limitation of the Licensee's rights. The Licensee shall not be authorized to: translate, adapt, modify the structure of the Software or to make any other changes or modifications thereto. Modifications or any other above mentioned changes shall constitute infringement of copyright and of this Agreement, sub license or lease the Software, or lend it for use; disassemble, decompile or multiply the code of the Software in any other manner or translate its form in the scope which exceeds permission under relevant provisions of applicable law. 7. Installation and usage of the Software. 7.1. Trial programs. In order to check the usability of the Software, the Licensor grants the Licensee permission to install and use one copy of the Software on one mobile phone for a period of 10 days. Should the Licensee decide to use the Software after expiry of the trial period, he shall have to obtain a License for the Software from the Licensor. The right to use the Software expires after 10 days. Further use of the Software shall be permitted only upon paying license fees to the Licensor and obtaining by the Licensee an unblocking code from the Licensor. Having obtained the unblocking code, the Licensee shall have the right to install and use the copy of the Software, subject to point 5.2. of this Agreement. The programs which are covered by a trial license shall be furnished excluding provisions of the Civil Code concerning warranties or any other guarantees of the Licensor. 7.2. Update of the Software. The Licensee, having paid the license fee and obtained the unblocking code, shall have the right to free updates of the Software to obtain a newer version as regards a decimal version number. The decimal number shall be specified by the first decimal place of the Software version. Having installed an update, the Licensee shall not be authorized to use the previous version, except for the case in which using the Software enables the update to be installed. 8. Time and place of using the Software. This Agreement is concluded for an unlimited period of time. The Agreement comes into force on the day of the first installation of the Software. This Agreement may be terminated by the Licensee at any time by permanently deleting or destroying the Software, all its backup copies and all materials connected therewith, furnished by the Licensor. Should any provisions of this Agreement be infringed, the end user rights vested in the Licensee shall expire automatically and immediately, without the need for the Licensee to be notified by the Licensor. In such a case, the Licensee shall be obliged to immediately delete, destroy or return the Software and all its backup copies, at the Licensee's expense. The Licensee shall have the right to use the Software without any territorial limitations. 9. Transfer of the Software. Conveyance of the Software to third parties. In the case that the Licensee is a person who first obtained the licence to the Software, the Licensee may convey this License Agreement and the Software to another user on a permanent one-off basis, on condition that the Licensee does not retain any copies of the Software for themselves. The Software must be transferred in its entirety (together with all its components, updates and this License Agreement). Prior to such transfer, the user accepting the Software must consent to observe all provisions of this License Agreement. 10. Liability for damages and provisions concerning guarantee and warranty. 10.1. The Software is furnished “as is”. The Licensor does not guarantee that features of the Software will meet the Licensee's requirements, nor that the Software will operate perpetually and without any errors. The Licensee bears full responsibility and risk for choosing the Software to achieve the intended results of the Licensee and for installation, use and results thereof. 10.2.The Licensor of the Software shall be liable for damages resulting from the usage of the Software, except for lost profits, to the amount which the Licensee has actually paid for the Software. The Licensor shall not be additionally liable in other respects, including liability for physical defects on the basis of warranty or guarantee. 10.3. The Licensor shall not be liable for damages resulting from usage of the Software, nor does he grant any warranty or guaranty in respect of physical defects of the Software. In the case of any Software defects, the Licensee shall have only the rights set forth in point 7.2. of this Agreement. 10.4. The Licensor shall not be liable for damages resulting from loss of data which occurred in consequence of use or inability to use the Software. 10.5. Neither provision of this Agreement shall exclude statutory rights of the Licensee, who acts a consumer. 11. Termination of the Agreement. The Licensee's rights under this License Agreement of the Software User shall expire upon termination of the Agreement. The Agreement shall be terminated if the Licensee infringes provisions thereof. 12. Results of the expiry of rights to use the Software. Should the rights to use the Software expire as a result of termination of this Agreement or of any other reason, the Licensee shall be obliged to cease using the Software and to remove the Software from the mobile device on which it was installed. 13. Governing law, jurisdiction and reference. 13.1. This Agreement shall be governed by the law of the Republic of Poland. If the Licensee is not a consumer within the meaning of Art. 22[1] of the Civil Code, all potential disputes between the parties shall be settled amicably, and if it does not result in a resolution, they shall be settled by the court competent with jurisdiction over the seat of the Licensor. In matters not regulated by this Agreement, relevant provisions of the Civil Code and of the Law on copyright and related rights shall apply. 13.2. If any of the provisions of this Agreement proves invalid or ineffective, the other provisions thereof shall remain in full force an effect. 13.3. This Agreement constitutes the entire agreement concerning the Software concluded between the Licensor and Licensee, and excludes the application and validity of any prior representations, arrangements and warranties.