IMPORTANT: Before using the PC Software described below, please read carefully the terms and conditions of this Licence Agreement. By installing, launching or otherwise using the Software, you enter into this Agreement and signify your full acceptance of all of its terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, you have no right to use the Software.
LICENCE AGREEMENT
This Licence Agreement applies to the PC Software known as Realphones.
This Licence Agreement applies to the PC Software known as Realphones.
1. MAIN TERMS
1.1. The Licensor – dSONIQ sp. z o.o.; KRS: 0001235228; NIP: 5253086313; Address: Adama Mickiewicza 37/58, 01-625 Warsaw, Poland.
1.2. The Licensee – any natural person or legal entity entitled to use the Software in accordance with the terms of this Agreement.
1.3. Software – the "Realphones" computer program, both as a whole and in its constituent parts, comprising a set of data and commands in objective form, including the source text, database, audiovisual works incorporated by the Licensor into the structure of the said computer program, together with any documentation relating to its use.
1.4. Use of the Software – launching the Software and/or using its functionality in the manner determined by the user (technical) documentation and this Agreement.
1.5. The Licence – the right to use the "Realphones" Software subject to the terms and conditions of this Agreement.
1.6. Technical Support – the actions undertaken by the Licensor to ensure the functioning of the Software, including the provision to Licensees of information and consultancy support concerning use of the Software, within the limits and scope determined by the Licensor.
1.7. The Account – a record in the Licensor's system (login/password) containing data enabling the Licensee and the authorised user to be identified and authorised.
1.1. The Licensor – dSONIQ sp. z o.o.; KRS: 0001235228; NIP: 5253086313; Address: Adama Mickiewicza 37/58, 01-625 Warsaw, Poland.
1.2. The Licensee – any natural person or legal entity entitled to use the Software in accordance with the terms of this Agreement.
1.3. Software – the "Realphones" computer program, both as a whole and in its constituent parts, comprising a set of data and commands in objective form, including the source text, database, audiovisual works incorporated by the Licensor into the structure of the said computer program, together with any documentation relating to its use.
1.4. Use of the Software – launching the Software and/or using its functionality in the manner determined by the user (technical) documentation and this Agreement.
1.5. The Licence – the right to use the "Realphones" Software subject to the terms and conditions of this Agreement.
1.6. Technical Support – the actions undertaken by the Licensor to ensure the functioning of the Software, including the provision to Licensees of information and consultancy support concerning use of the Software, within the limits and scope determined by the Licensor.
1.7. The Account – a record in the Licensor's system (login/password) containing data enabling the Licensee and the authorised user to be identified and authorised.
2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee a simple, non-exclusive and non-transferable Licence to use the Software within the scope of its functionality for the Licensee's internal personal or business purposes, without the right to sublicense the Software to any third party.
2.2. This Agreement is concluded before, or directly upon, commencement of use of the Software and shall remain in force throughout the entire period of the Licensee's lawful use of the Software within the period for which copyright subsists, provided that the Licensee complies with all terms and conditions of this Agreement.
2.3. The Licensor grants the Licensee the right to use the Software without territorial restriction, subject to compliance with the terms and conditions of this Agreement.
2.1. The Licensor grants the Licensee a simple, non-exclusive and non-transferable Licence to use the Software within the scope of its functionality for the Licensee's internal personal or business purposes, without the right to sublicense the Software to any third party.
2.2. This Agreement is concluded before, or directly upon, commencement of use of the Software and shall remain in force throughout the entire period of the Licensee's lawful use of the Software within the period for which copyright subsists, provided that the Licensee complies with all terms and conditions of this Agreement.
2.3. The Licensor grants the Licensee the right to use the Software without territorial restriction, subject to compliance with the terms and conditions of this Agreement.
3. TERMS AND CONDITIONS OF USE OF THE SOFTWARE
3.1. This Licence Agreement permits the Licensee to use one copy of the Software on up to three (3) computers, provided that the Software is not used simultaneously on more than three (3) machines at any given time.
3.2. The Licensee may purchase any number of Licences for the Software.
3.3. The Software shall not be regarded as being "in use" where it is loaded into primary memory (i.e. RAM), copied to a network server solely for the purpose of providing access to other computers, or transferred to secondary memory (such as a hard drive, CD-ROM or other storage device), except where the Software is in fact being used.
3.1. This Licence Agreement permits the Licensee to use one copy of the Software on up to three (3) computers, provided that the Software is not used simultaneously on more than three (3) machines at any given time.
3.2. The Licensee may purchase any number of Licences for the Software.
3.3. The Software shall not be regarded as being "in use" where it is loaded into primary memory (i.e. RAM), copied to a network server solely for the purpose of providing access to other computers, or transferred to secondary memory (such as a hard drive, CD-ROM or other storage device), except where the Software is in fact being used.
4. DEMONSTRATION PERIOD CONDITIONS
4.1. Where the Licensee has activated a demonstration period for the Software, this Licence Agreement shall apply only for the duration of that demonstration period, save that Section 8 of this Agreement, "Limited Warranty and Responsibility", shall not apply.
4.2. The Warranty does not apply during the Demonstration Period of the Software.
4.3. The Licensee confirms that the Software will be used solely for evaluation purposes and that any commercial use during the Demonstration Period is excluded. The Demonstration Period shall last for 41 days from the date on which the Software is first activated.
4.1. Where the Licensee has activated a demonstration period for the Software, this Licence Agreement shall apply only for the duration of that demonstration period, save that Section 8 of this Agreement, "Limited Warranty and Responsibility", shall not apply.
4.2. The Warranty does not apply during the Demonstration Period of the Software.
4.3. The Licensee confirms that the Software will be used solely for evaluation purposes and that any commercial use during the Demonstration Period is excluded. The Demonstration Period shall last for 41 days from the date on which the Software is first activated.
5. COPYRIGHT
The Licensor is the sole owner of the Software and of all trade secrets, copyright, patents and other intellectual property rights relating thereto. Accordingly, the Licensee shall treat the Software in the same manner as any other material protected by copyright (such as a book or music recording), save that the Licensee may transfer the Software to any hard drive for backup or archival purposes. The Licensee may not copy any written materials accompanying the Software. All rights not expressly granted under this Agreement are reserved by the Licensor.
The Licensor is the sole owner of the Software and of all trade secrets, copyright, patents and other intellectual property rights relating thereto. Accordingly, the Licensee shall treat the Software in the same manner as any other material protected by copyright (such as a book or music recording), save that the Licensee may transfer the Software to any hard drive for backup or archival purposes. The Licensee may not copy any written materials accompanying the Software. All rights not expressly granted under this Agreement are reserved by the Licensor.
6. OTHER RESTRICTIONS
6.1. The Licensee has no right to sublicense or transfer the Software to any third party.
6.2. The Licensee has no right to:
a) reverse engineer, decompile, disassemble or otherwise attempt by any means to extract the source code from the Software;
b) modify the Software;
c) copy the Software, except in the circumstances expressly provided for in this Agreement;
d) use the Software in any manner that infringes the intellectual property or other rights of the Licensor.
6.1. The Licensee has no right to sublicense or transfer the Software to any third party.
6.2. The Licensee has no right to:
a) reverse engineer, decompile, disassemble or otherwise attempt by any means to extract the source code from the Software;
b) modify the Software;
c) copy the Software, except in the circumstances expressly provided for in this Agreement;
d) use the Software in any manner that infringes the intellectual property or other rights of the Licensor.
7. UPDATES
Where the Software constitutes an update to a previous version, the Licensee must hold an existing Licence for the previous version in order to use the Update. All updates are provided to the Licensee through a "licence exchange" process. The Licensee agrees that, once an update is applied, the Licence shall cease to be valid in respect of any previous version of the Software.
Where the Software constitutes an update to a previous version, the Licensee must hold an existing Licence for the previous version in order to use the Update. All updates are provided to the Licensee through a "licence exchange" process. The Licensee agrees that, once an update is applied, the Licence shall cease to be valid in respect of any previous version of the Software.
8. LIMITED WARRANTY AND RESPONSIBILITY
8.1. The Licensor guarantees that, for a period of one year from the date of purchase of the Licence for the Software:
a) any Software updates will be made available to the Licensee;
b) the Software will function in accordance with the documentation accompanying it.
8.2. In the event of a breach of the terms and conditions of the Limited Warranty, the Licensor's liability to the Licensee shall, at the Licensor's discretion, consist of either:
a) refunding to the Licensee the amount paid for the Software, provided that the Licensee returns to the Licensor the rights to use the Software together with a copy of the proof of payment; or
b) repairing or replacing Software that does not conform to the terms of the Limited Warranty and that has been returned to the Licensor together with a copy of the proof of payment.
8.3. The Limited Warranty shall be null and void where the failure of the Software or equipment results from an accident or improper use of the Software. Any replacement Software shall be warranted for the remainder of the original warranty period or for thirty (30) days, whichever period is longer.
8.4. Except as expressly provided in this Agreement, the Software is supplied "as is", and the Licensor disclaims all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
8.5. The Licensor shall under no circumstances be liable for any loss or damage (including, without limitation, direct, indirect, punitive, special or incidental loss or damage, as well as loss of business profits, business interruption, loss of business reputation or any other material loss) arising from the use of, or inability to use, the Software, or from any Technical Support that the Licensor may provide to the Licensee, even where the Licensor has been advised of the possibility of such loss or damage.
8.6. The Licensor's total liability in respect of any claims, losses or damage shall not exceed the amount paid by the Licensee to the Licensor for the Software.
8.7. The limitation of liability set out in Clause 8.6 is complete and exclusive and shall apply even where the Licensor has been advised of the possibility of claims, losses or damage exceeding that limit, irrespective of the success or effectiveness of any other remedies available to the Licensor. This limitation of liability reflects the allocation of risk between the Licensee and the Licensor.
8.8. All Software specifications, illustrations, images, drawings, features, dimensions, performance data and other information appearing on the www.dsoniq.com website are provided for general familiarisation with the product. The actual characteristics and appearance of the Software may differ from those presented on the website. The Software is supplied to the Licensee on an "as is" basis, and the Licensor does not warrant that all of its functionality will meet the Licensee's expectations or be suitable for any particular purpose.
8.1. The Licensor guarantees that, for a period of one year from the date of purchase of the Licence for the Software:
a) any Software updates will be made available to the Licensee;
b) the Software will function in accordance with the documentation accompanying it.
8.2. In the event of a breach of the terms and conditions of the Limited Warranty, the Licensor's liability to the Licensee shall, at the Licensor's discretion, consist of either:
a) refunding to the Licensee the amount paid for the Software, provided that the Licensee returns to the Licensor the rights to use the Software together with a copy of the proof of payment; or
b) repairing or replacing Software that does not conform to the terms of the Limited Warranty and that has been returned to the Licensor together with a copy of the proof of payment.
8.3. The Limited Warranty shall be null and void where the failure of the Software or equipment results from an accident or improper use of the Software. Any replacement Software shall be warranted for the remainder of the original warranty period or for thirty (30) days, whichever period is longer.
8.4. Except as expressly provided in this Agreement, the Software is supplied "as is", and the Licensor disclaims all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
8.5. The Licensor shall under no circumstances be liable for any loss or damage (including, without limitation, direct, indirect, punitive, special or incidental loss or damage, as well as loss of business profits, business interruption, loss of business reputation or any other material loss) arising from the use of, or inability to use, the Software, or from any Technical Support that the Licensor may provide to the Licensee, even where the Licensor has been advised of the possibility of such loss or damage.
8.6. The Licensor's total liability in respect of any claims, losses or damage shall not exceed the amount paid by the Licensee to the Licensor for the Software.
8.7. The limitation of liability set out in Clause 8.6 is complete and exclusive and shall apply even where the Licensor has been advised of the possibility of claims, losses or damage exceeding that limit, irrespective of the success or effectiveness of any other remedies available to the Licensor. This limitation of liability reflects the allocation of risk between the Licensee and the Licensor.
8.8. All Software specifications, illustrations, images, drawings, features, dimensions, performance data and other information appearing on the www.dsoniq.com website are provided for general familiarisation with the product. The actual characteristics and appearance of the Software may differ from those presented on the website. The Software is supplied to the Licensee on an "as is" basis, and the Licensor does not warrant that all of its functionality will meet the Licensee's expectations or be suitable for any particular purpose.
9. TECHNICAL SUPPORT
Unless otherwise agreed separately in writing, the Licensor is under no obligation to provide the Licensee with any particular level of Technical Support, additional software, information, know-how or maintenance services. Any support that is provided shall be at the Licensor's discretion. The Licensor reserves the right to make changes to the Software without prior notice.
Unless otherwise agreed separately in writing, the Licensor is under no obligation to provide the Licensee with any particular level of Technical Support, additional software, information, know-how or maintenance services. Any support that is provided shall be at the Licensor's discretion. The Licensor reserves the right to make changes to the Software without prior notice.
10. VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT
10.1. Any matters not governed by this Agreement shall be governed by the laws of the Republic of Poland.
10.2. The Licensor has the right to amend the terms and conditions of this Agreement unilaterally by posting the amended text on the www.dsoniq.com website.
10.3. The Licensor may terminate this Agreement unilaterally in the event that the Licensee breaches the terms and conditions of this Agreement.
10.4. Upon termination of this Agreement by either party, for any reason, the Licensee shall cease all use of the Software provided under this Agreement.
10.5. If any provision of this Agreement is held by a competent court to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.6. In the absence of a written agreement signed by both the Licensor and the Licensee, this Agreement constitutes the sole and entire agreement between the Licensor and the Licensee in relation to the Software. This Agreement directly replaces and supersedes any other licence agreement relating to use of the Software, including, without limitation, any licence agreement set out in any user guide.
10.1. Any matters not governed by this Agreement shall be governed by the laws of the Republic of Poland.
10.2. The Licensor has the right to amend the terms and conditions of this Agreement unilaterally by posting the amended text on the www.dsoniq.com website.
10.3. The Licensor may terminate this Agreement unilaterally in the event that the Licensee breaches the terms and conditions of this Agreement.
10.4. Upon termination of this Agreement by either party, for any reason, the Licensee shall cease all use of the Software provided under this Agreement.
10.5. If any provision of this Agreement is held by a competent court to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.6. In the absence of a written agreement signed by both the Licensor and the Licensee, this Agreement constitutes the sole and entire agreement between the Licensor and the Licensee in relation to the Software. This Agreement directly replaces and supersedes any other licence agreement relating to use of the Software, including, without limitation, any licence agreement set out in any user guide.
11. ADDITIONAL PROVISIONS
11.1. The Licensee shall use the Software solely for lawful purposes and in compliance with all applicable laws and regulations, including those of the European Union and the United States.
11.2. The Licensor shall not provide communications services to the Licensee, shall not arrange or facilitate access to information systems or information and telecommunications networks, including the Internet, and shall not carry out activities involving the receipt, processing, storage, transmission or delivery of telecommunications messages.
11.1. The Licensee shall use the Software solely for lawful purposes and in compliance with all applicable laws and regulations, including those of the European Union and the United States.
11.2. The Licensor shall not provide communications services to the Licensee, shall not arrange or facilitate access to information systems or information and telecommunications networks, including the Internet, and shall not carry out activities involving the receipt, processing, storage, transmission or delivery of telecommunications messages.
12. CONTACT INFORMATION OF THE LICENSOR
Requests concerning the terms and conditions of this Agreement and Technical Support are accepted via the support form: https://www.dsoniq.com/support#!/tab/790841806-2
Requests concerning the terms and conditions of this Agreement and Technical Support are accepted via the support form: https://www.dsoniq.com/support#!/tab/790841806-2