Text of the Licensing Agreement
Concluded in compliance with provisions of the Civil Code (No. 89/2012 Collection of Laws of the Czech Republic /Občanský zákoník/) and the Copyright Act (No. 121/200 Collection of Laws of the Czech Republic /Autorský zákon/)
grantor of the license:
Moravia Microsystems, s.r.o.
Třída Kpt. Jaroše 1946/35, Černá pole
602 00 Brno
Company registration number: 01435655
(further referred only as "Licensor")
assignee of the license –
User of the Software Product:
(further referred only as "User")
The parties agreed on following:
- Non-commercial use of the Software Product – using the software for activities which do not lead to monetary or other income. For the purpose of this Licensing Agreement, using this Software Product for purposes of all types of schools and other educational institutions is not considered to be non-commercial.
- Non-exclusive license – it is such a type of a license that allows both the assignee of the license and the grantor of the license to use the object of the license and the grantor of the license has right to grant the license to a third person.
- Sublicense – right of the assignee of the license to fully or partly grant the object of the license to a third person for using if it is agreed on in the licensing agreement. This happens with a written consent of the grantor of the license.
- Software Product – a computer program, made by the Licensor, including online or electronic documentation or related printed materials and other media.
- Final Product – a computer program, generated by using the Software Product.
- User of the Software Product – a person entitled by the licensing agreement to use the Software Product.
- Machine Code – (in informatics) set of instructions executed by a computer´s central unit written in form of number codes of these machine instructions.
- Reverse Engineering – a type of a process where the aim is discovering operation principles of the object, in this case a computer program, mostly for a purpose of creating an object which operates in the same or a similar way.
- Decompilation – reverse generation of source code from the machine code with use of a decompiler.
- Supporting Materials – user documentation provided together with the Software Product.
2. Subject-matter of the agreement
Subject-matter of the Agreement is granting of a non-exclusive license to software product "Multitarget Development System" (further referred only as "Software Product") for non-commercial use. The Software Product including related documentation is an author´s work regulated by provisions of the Copyright Act (No. 121/200 Collection of Laws of the Czech Republic /autorský zákon/).
3. Rights and obligations of the User
3.1. User confirms with (electronic) expression of his will that the he takes the object of the Agreement "as is".
Granting of the license is subject to the fact that the User will always follow all license limitations and restrictions in the Agreement. If the User breaches any of the limitations and restrictions the granting of the license ceases to be valid. Any use of the Software Product beyond the applicable license grant constitutes a violation of author´s intellectual property rights and a substantial breach of this Agreement.
3.2. The User is aware of the fact that if there is a change of contractual operation of the Software Product (e.g. adding more modules, upgrade, etc.) another licensing agreement or an amendment to existing licensing agreement must be drafted with specifications and calculation of the price difference.
The User is entitled to use the Software Product in a way that he will install copies of it for using and copies of it exclusively for purposes of archiving and re-installation on his hardware device. User is not allowed to lend, rent or otherwise transfer a copy of the Software Product to a different user. User is not entitled to grant Sub-licenses to the Software Product.
3.3. User is not obliged to use the license.
4. User restrictions
The User must not sell, rent nor lend the Software Product. He is also not allowed to do Reverse Engineering, Decompilation or transfer from the Machine Code of the Software Product.
The User cannot use the software for business and other gainful activities. If commercial use of the license will be proven to the User, they will be sanctioned according to provisions of Article 12 of this Agreement.
5. Territorial scope of the license
User is entitled to use the Software Product without any territorial restrictions during the period of validity of the license.
6. Temporal scope of the license
The period of validity of the license is agreed to be indefinite.
Granting of this license is free.
8. Reservation of copyright and ownership
The Software Product is owned by the Licensor and is protected by copyright laws and international agreements on copyright together with other laws and international agreements on intellectual property. The Software Product is not being sold, only a license for its using is granted.
Final products including the code generated by direct copying of the Software Product´s components, if it is generated using its commonly accessible functions described in Supporting Materials, are property and author´s work of User.
The Licensor gives warranty that they have the right to grant the license to the Software Product to the User.
Except for the above mentioned, the Licensor provides no warranties to the Software Product, explicit or implicit and is provided "as is" to the maximum extent permitted by the applicable law.
10. Liability for defects and damages
The Licensor bears no liability for damages arising to the User or to the third parties either direct, indirect, incidental or subsequent and other, including but not limited to damages arising from inability to use the Software Product, data loss, business loss, profit loss, interruption of business activity and such, arising from using or inability to use the Software Product even in the case when the Licensor has been informed of the possibility of such damages to the to the maximum extent permitted by the applicable law.
11. Termination of the Agreement on the basis of revocation
Licensor may terminate this agreement even without giving a reason by giving a written notice to the User or via an e-mail sent to the User. The termination takes effect on the date of delivery of the termination note to the User either in written or electronic form. Having received the termination note the User is obliged to uninstall the software from all of their devices and gives back all the supporting materials to the Licensor without undue delay.
When the agreed obligation of non-commercial use of the granted license is proven to be breached by the User, the Licensor has the right to apply financial penalty on the User. The amount of the financial penalty is 100 000 EUR. The Licensor charges the financial penalty by a note addressed to the User and the financial penalty is mature within 5 days.
13. Expiration of the license
License expires when the person who has been granted the license ceases to exist. The license is not transferred to a legal successor of a person that has ceased to exist.
14. Choice of governing Law and prorogation of jurisdiction
This Agreement and possible disputes arising from it are ruled by law of the Czech Republic as a governing law. Possible disputes will be solved by a relevant court in the Czech Republic.
15. Other provisions
User acknowledges that he becomes a legal user of the Software Product not sooner than in the moment of conclusion of the Agreement by approving expression of his will in electronic form.
Mutual relations which are not regulated directly in this Agreement are ruled by provisions of Civil Code (No. 89/2012 Collection of Laws of the Czech Republic /Občanský zákoník/) and Copyright Act (No. 121/200 Collection of Laws of the Czech Republic /Autorský zákon/) and provisions of other valid legislation.
16. Final provisions
The text of the Agreement can be changed only by a written amendment to this Agreement and only when both the Licensor and the User have agreed on it.
The Agreement is concluded by the User´s electronic acceptation of the offer to conclude a licensing agreement, before the installation of the Software Product according to the instructions of the instalator.