Provider: Trachea a.s. Vinařská 580/17a, 603 00 Brno – Pisárky, Czech Republic, www.trachea.cz, hereinafter referred to as Trachea
Manufacturer: SOFTconsult spol. s r.o., Pražská 1279/18, 102 00 Prague 10, Czech Republic, www.softconsult.com, hereinafter referred to as SOFTconsult
§ 1 Subject-Matter of the Agreement
The subject-matter of the Agreement is the TRACHEA OS software application prepared for download together with the help software applications, software application libraries, scripts, product data as well as other written material – hereinafter referred to as Software. The Software is protected by the applicable copyright acts and international treaties on copyright as well as by other acts and agreements on intellectual property. The use of the non-registered version is regarded as a violation of this Agreement. Given the fact that it's state-of-the-art, the occurrence of errors in the Software cannot be completely eliminated. Therefore, the subject-matter of the Agreement is the Software, which can be basically used within the meaning of the software application description.
§ 2 Scope of Application
Under this Agreement, SOFTconsult and Trachea provide the licensee with a simple, non-exclusive and personal right to use the Software on their own computers and on an unlimited number of workstations. The use of the Software is provided on a free-of-charge basis on the condition that the terms and conditions of this Licence Agreement are adhered to.
§ 3 Special Limitations
The licensee is forbidden to transfer the Software or the respective written material to third parties or disclose thereof to any third parties, change the Software, translate it, subject it to reverse engineering, decompile or disassemble it, create Software-derived works or reproduce the written material, change the material or create works derived from the written material without the prior written permission of SOFTconsult and Trachea. Any entitlement to publish the source code is also excluded.
§ 4 Title
Upon acquiring the licence to the Software, the licensee only acquires physical ownership. In addition, the licensee acquires the right to use agreed under this Licence Agreement. This is not related to the acquisition of rights to the Software itself. In particular, SOFTconsult and Trachea reserve all rights to disclose, copy, modify the Software as well as the right to use the Software.
§ 5 Reproduction
The Software and the respective written material are protected by the copyright. If the Software is not equipped with copy protection, the licensee is permitted to create a sole backup copy for backup purposes only. The licensee is obliged to place a notice on the SOFTconsult's copyright on the backup copy, or where applicable to record such a notice onto it. The notice on the copyright included in the Software and the registration numbers included therein shall not be removed. It is expressly forbidden to copy or otherwise reproduce the Software and written material, completely or partly, in the original or a modified form associated with other software or contained in other software.
§ 6 Transfer of the Right to Use
The commercial sale, giving, lease or provision of the Software is expressly forbidden.
§ 7 Guideline Applicable to the Use of Data in the Catalogue and Graphic Designs The customer shall adhere to the undermentioned limitations. Otherwise, they are entitled to the following:
(a) To use all data in the catalogues provided by the Software (“Graphic Designs”) in the customer's own works, and publish, display and distribute it in any media. However, the customer shall not sell such Graphic Designs separately from the product or independently of the website, provide them under a sub-licence or disclose them in any other manner for use or distribution. For example, the Graphic Designs may be used as a part of web design, however, they shall not be provided for independent download or in such a format, which would be developed or intended for permanent saving or repetitive use by third parties.
(b) Create one (1) copy of the Graphic Designs for archiving purposes.
The customer is not entitled to the following: (i) Create works using the Graphic Designs for a purpose, which is forbidden by law; (ii) Use or allow the use of the Graphic Designs or any components thereof as a mark or a service mark, or claim any right for the protection of the mark related to the Graphic Designs or parts thereof; (iii) Use the Graphic Designs in electronic format, on-line or in multi-media applications, unless the Graphic Designs are integrated for preview only. It is forbidden to download and/or save the Graphic Designs for any reasons; (iv) Lease, lend or provide sub-licences to the Graphic Designs or copies thereof to any other natural or legal persons (however, the customer may assign all rights to use the Software to one natural or legal person provided that the customer at the same time assigns all rights to the Software pursuant to paragraph 7 above; or (v) Use the Graphic Designs in any other manner than expressly permitted hereunder.
§ 8 Term of the Agreement
This Agreement is concluded for a non-fixed term. However, the licensee's right to use the Software automatically expires without termination, if any of the terms and conditions of the Agreement are violated. Upon the termination of the right, the licensee is obliged to destroy all copies of the Software, including all modified specimens and written material. Trachea and SOFTconsult may request that complete destruction be evidenced by a notarial record on a solemn declaration.
§ 9 Damages for Violation of the Agreement
The licensee shall be liable for all damage caused by a violation of the copyrights sustained by Trachea and SOFTconsult based on a violation of the provisions of this Agreement by the licensee.
§ 10 Amendments and Updates
Trachea and SOFTconsult are authorized to create updates of the Software at their own discretion. Trachea and SOFTconsult are not obliged to provide such updates of the software application to licensees whose Software is not registered in the form of a user account.
§ 11 Personal Data Processing
Hereby, pursuant to Article 13 et seq. of the European Parliament and the Council Regulation (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the repeal of Directive 95/46/ES (hereinafter referred to as the “Regulation”), and the relevant provisions of Act No. 101/2000 Coll., on Personal Data Protection, or the act substituting it (hereinafter referred to as the “Personal Data Protection Act”), Trachea informs you that they will collect and process personal data within the scope that they have been provided by you, for the purposes and needs to provide the service – the use of TRACHEA OS. The provided personal data will be processed by the relevant TRACHEA employees, or by a contractual processor. The provided personal data may be disclosed to competent persons (such as government bodies, courts of law, police and financial authorities, etc.) when exercising their statutory powers and to the processor.
In connection with the personal data processing and in line with the Regulation and the Personal Data Protection Act, you have certain rights, such as the right to access the provided personal data, the right to have the personal data rectified or deleted, or have their processing limited, the right to object to their processing, the rig