END-USER LICENSE AGREEMENT

NOTICE TO USER:

Please, read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.

1. DEFINITIONS

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:.

'Licensor' means ToBeSmart Sp. z o.o.
'Licensee' means You or Your Company, unless otherwise indicated.
'Use' or 'Using' means to access, install, download, copy or any kind of benefit from using the functionality of the Software in accordance with the License.
“User” means individual who Use Software.

This End-User License Agreement ('Agreement') is a legal contract between Licensee and the Licensor including any associated media, printed materials and electronic documentation ('Software'). This License Agreement specifies the Licensee rights to use the Software.

2. GENERAL USE AND LICENSE TYPES

As long as the Licensee complies with the terms of this Agreement, the Licensor grants the Licensee a non-exclusive right to Use the Software.

The Producer permits the User to Use the Software by:
2.1. One User in case of 'User' license.
The User is given a limited, non-exclusive and non-transferable license to use the Software under the following conditions:
- This License can be installed and used by the Licensee for commercial purposes and in business environment. The output produced with the help of this License can be used for money-earning.
- The Licensee may Use the Software on unlimited compatible systems, belonging to the Licensee.
- The Licensee can not transfer the rights for this License, grant, sell, rent, lease, assign, or sublet the License to any other company or individual.

2.2. Unlimited number of users within a single company that purchased 'Company' license.
The User is given a limited, non-exclusive and non-transferable license to use the Software under the following conditions:
- This License can be installed and used by the Licensee for commercial purposes and in business environment. The output produced with the help of this License can be used for money-earning.
- The Licensee may Use the Software on unlimited compatible systems, belonging to the Licensee.
- The Software can be utilized by unlimited Users at a time, provided they all are the employees of the Licensee.
- The Licensee can not transfer the rights for this License, grant, sell, rent, lease, assign, or sublet the License to any other company or individual.

2.3. One user in case of 'Freeware' license.
The User is given a limited, non-exclusive and non-transferable license to Use the Software under the following conditions:
- License allows to Use this software for any purpose (including commercial purposes) only with products created by companies defined on the list in the Software (dialog “About Program”).
- The Licensee may Use the Software on unlimited compatible systems.

3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor and its suppliers.
3.2 The Software as well as the materials provided together with it are protected by copyright, including without limitation by Polish Copyright Law and international treaty provisions.
The Licensor owns full copyright to the Software, and any person who infringes the copyright will be liable to civil and criminal proceedings.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor and its suppliers. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without the Licensor specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor.
3.6 Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software
3.7 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owner's names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
You give the Licensor, without charge, the right to use your company name and logo on the Licensor's customers list.
3.8 The powers of the User arising from this License Agreement become extinct if the User breaks any of its provisions. In such case the Producer will assert their rights specified by respective regulations within the largest scope possible.
3.9 The Licensor may collect and use technical information, gathered as part of support or other services provided to you related to the Software, to improve our products or services or provide customized services or technologies to you. We may disclose this information to others, but not in a form that personally identifies you.

4. LICENSE TRANSFER
4.1 This License is non-transferable. The Licensee may not transfer the rights to use the Software to third parties (another person or legal entity).
4.2 The Licensee may not rent, lease, sublicense, lend or transfer any versions or copies of the Software to third parties (another person or legal entity).
4.3 The Licensee may make a backup copy of the Software, provided a backup copy is not installed or used on any system not belonging to the Licensee. The Licensee may not transfer the rights to install or use a backup copy of the Software to third parties (another person or legal entity).

5. UPDATE POLICY
5.1 The Upgrades and Updates are free, but only for the duration of license support.

6. WARRANTY
6.1 The Licensor warrants that:

6.1.1 Licensor owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
6.1.2 to the best of the Licensor's knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
6.1.3 the Software does not contain any back door, time bomb, drop dead device or other routine intentionally designed by the Licensor to disable a computer program, or computer instructions that alter, destroy or inhibit the processing environment.

6.2 Except those warranties specified in section 6.1 above, the Software is being delivered to the Licensee 'AS IS' and the Licensor makes no warranty as to its use or performance.

The Licensor and its suppliers do not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee.

The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.

7. LIMITATION OF LIABILITY
In no event will the Licensor or its suppliers be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.

In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.

8. NON-WAIVER
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.

© 2013 ToBeSmart Sp. z o.o. All rights reserved.