Licensing arrangement for the use of the ISPadmin software product
The following licensing arrangement (hereinafter the “licensing agreement”) is a licensing agreement between the user (hereinafter the “licensee”) of the software product and NET service solution, s.r.o., a company registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 43430, with registered office at Slovanská 3123/13, 78701 Šumperk, Identification Number (IČ) 27849252, as the licensor.
The licensing agreement is entered into as of installation, registration of the product, transfer of the license or use of the software product, whichever occurs first.
As of the granting of the license under this licensing agreement, all previous licensing arrangements between the user and the licensor pertaining to the software product are terminated and superseded by this licensing agreement.
The licensor is the exclusive holder of copyright and ownership rights to the product.
Software License, Scope and Restrictions of the License
1. The licensor is a legal entity, whose subject of activity is, among other things, the provision of software and consulting in the field of hardware and software. As part of its activity, the licensor has created the ISPadmin software application (hereinafter referred to as the “software”), in regard to which the software property rights belong to the licensor.
The software is a work according to copyright regulations and is protected according to the relevant legal regulations and international copyright treaties and agreements.
The appurtenances to the software consist of user documentation in electronic form, accessible on the licensor’s internet pages, specifically: http://wiki.ispadmin.eu.
2. The licensor hereby grants the licensee the right to use the software, including the appurtenances, for the purposes of the licensee, under the terms and conditions and further arrangements set out below.
3. For the purposes of the granting of the license to the licensee, the license is differentiated, according to the manner of the granting and operation of the license, into: Acquisition, Rental, VIP Rental licenses.
4. The licensee shall have the right to install the software within the scope of one server installation on the licensee’s hardware and to use it only for the purposes of the licensee. In the case of the rental of the software product, the installation is performed on the licensor’s own hardware.
The number of customers is limited by the current version of the license that the licensee has ordered and for which the licensee has received a license key from the licensor. In such a scope, the licensee’s employees can use the software; the number of accesses to the software server installation is not limited.
5. Unless provided otherwise, the licensee shall not allow a third party to use the software, with the exception of the licensee and the licensee’s employees. The licensee shall not have the right to use the software for purposes other than the purposes of the licensee (including installation on computers used by the licensee and the use of the software by the licensee’s employees). Further, the licensee shall not have the right to modify, supplement or expand the software, copy the whole of it or its parts in any way, analyze it with the goal of its expansion, modification or retention or expansion of its functionality, expand, rent or lend out the original of the software or reproductions of the software or to use it outside of the territory for which the license was granted. The provisions of this paragraph shall also apply to the demo version of the software accessible on the licensor’s internet pages.
6. The licensee shall not have the right to grant the right to use the software (a sublicense) to a third party. The license can be assigned to a third party only with the previous written consent of the licensor. The transfer of the license to another party upon the sale of the licensee’s business or a part thereof that comprises a separate organizational unit (a part of which is the software license) requires such a change to be notified to the licensor in writing. The notification must contain the complete and valid data of the new operator of the license including contact information (name and surname, e-mail, telephone) for the authorized person appointed for communication with the licensor.
7. The software license is granted exclusively for the territory for which the license is issued and marked with the international code of the given country.
8. The software license is granted for an indefinite period of time only in the case of a one-time acquisition of the license and operation on the licensee’s own hardware. The software license in the form of rental and VIP rental under this licensing agreement is granted for a period of time that depends upon the duration of the license that the licensee has ordered and for which the licensee has paid the charge for the granting of the license. The duration of the license can be extended, after the payment of the charge for the extension of the validity of the license. The minimum duration of the license in the VIP rental variant is six months. The minimum duration of the license in the rental variant is not set.
9. The software is granted to the licensee under the license as is, without liability for the defects of the software. As expressly agreed by the contracting parties, the licensor shall not be liable to the licensee for any damage resulting from the use of the software or the inability to use the software.
Charge for the Granting of the License
1. The licensee shall have an obligation to pay the licensor a charge for the granting of the license. The amount of the charge for the granting of the license is set out in the current pricelist and is dependent on the version of the license that the licensee orders and for which a license key shall have been issued and delivered to the licensee by the licensor.
2. In the case of an expansion of the license, the licensee shall have an obligation to pay the licensor a charge for the expansion of the license according to the Pricelist.
3. As agreed by the contracting parties, the licensor shall have the right to unilaterally modify the Pricelist and the amount of charges set out in the Pricelist. A new Pricelist is effective in regard to the licensee as of the date of issuance. The same shall apply in the case of fees for technical support.
4. The licensor undertakes to issue a license key to the licensee for the ordered version of the license or its expansion, specifically no later than within 10 days after the payment of the charge for the granting of the license or its expansion to the hands of a commercial agent, and to provide further necessary cooperation needed for the commencement of the use of the software by the licensee (provide the licensee with an installation CD / DVD, access to downloading the software or another form of distribution of the software, as well as the procedure of the installation and activation of the software).
1. The licensee is entitled to technical support for the software, specifically within a scope that the licensee orders and for which the licensee pays the fees for technical support.
2. Technical support is divided up into 3 categories:
a. System updates::
Technical support includes only the right to downloading regular software updates.
The fee for such technical support in the variant of the Acquisition of the license and operation on the licensee’s own HW is always set according to the current license and its price that the licensee has ordered, on the date of ordering system updates, specifically at a rate of 15% corresponding to the value of the product.
For the duration of the first 3 months after the acquisition of the first license to the software, such technical support is free of charge to the licensee. For such period of time, the licensee shall also be entitled to the provision of cooperation by the licensor in regard to the commissioning of the software within the licensee’s internet network. System updates can be extended minimally for the duration of one year from the date of the last completed technical support that the licensee duly paid.
The fee for such technical support in the variants of Rental and VIP rental of the license is included in the charge for the rental of the license and is therefore a part of the services to the licensee for the entire duration of the license validity.
b. VIP support:
This includes technical support within the scope of the right to download regular system updates, and, further, the licensee is entitled to a response to a request for the handling of a problem through technical support within 24 hours, or in the course of the following work day, after the lodging of a request for technical support.
The fee for technical support is set as a monthly fixed fee specified in the current pricelist.
c. Individual technical support:
Requirements pertaining to interventions into the system are handled individually according to the hourly rate set out in the current pricelist.
4. Technical support does not include training, which is charged separately. The amount of the charge for the provision of training for the licensee is set out in the current pricelist.
5. For the notification and sending of inquiries and requests for service interventions for the licensee, only a helpdesk system is designated for the receipt and storage of the history of dealing with inquiries and requests, which is set out further as the only verifiable manner of submitting requests by the licensee. The following departments are designated for such purposes:
Sales Department - e-mail
Contact for sending inquiries and orders of a commercial nature
Contact for sending inquiries of a technical nature or requests for a service intervention
Inquiries or requests reported by telephone or sent to email addresses other than those designated as contact email addresses above need not be taken into consideration and a response reaction is therefore not guaranteed.
6. Technical support including service interventions is possible exclusively on the newest available version of the software that is available on the date of the sending of the request for service intervention. In the event that the licensee does not have the newest available version of the software at the moment of the ordering of a service intervention, the licensee will be informed by the Technical Department of the options of arranging a remedy prior to the actual performance of the service intervention.
Termination of the Agreement
1. In the case of a breach of any of the provisions contained in Art. I. paragraph 3, 4 and 5 of this agreement or in the event of the non-payment of the charge for the granting of the license or its expansion by the licensee, the licensor shall have the right, even without withdrawal from the agreement, by way of remote access, even without previous notification to the licensee, to prevent the licensee from further using the software or to limit the functionality of the software. At the same time, the licensor shall, in such a case, have the right to withdraw from the licensing agreement.
2. As of withdrawal from the agreement, the licensing agreement shall terminate as of the moment of the delivery of a notification of withdrawal to the other contracting party, and, as of withdrawal, the license rights of the licensee to the software shall terminate, whereby the licensee shall have an obligation to immediately cease using the software, which the licensor shall have the right to prevent the licensee from doing even by way of remote access.
3. In the event of withdrawal from the licensing agreement, a prevention of the use of the software or in the case of a limitation of the functionality of the software according to this article of the agreement, the licensee shall not have the right to a refund of paid charges for the granted license or its expansion, or of any fees for technical support.
4. As of the date of the termination of the licensing agreement, all of the rights to the use of the software product granted to the licensee shall terminate. In such a case, the licensee must, no later than on the date of the termination of the right of use, fully remove all installations of the software product from the licensee’s equipment, including appurtenances.
Final Provisions of the Agreement
1. The licensor reserves the right to change licensing arrangements effective as of the date of publication on its internet pages.
2. As expressly agreed by the contracting parties, the legal relations between the contracting parties in regard to this agreement shall be governed by the law of the Czech Republic, primarily by Act No. 121/2000 Coll., the Copyright Act, as amended, and Act No. 513/1991 Coll., the Commercial Code, as amended.
The licensing agreement in the version as provided above is valid from 1 January 2013 and supersedes the previous versions.