Software license agreement (hereinafter called Software) of Europegas sp. z o.o. (hereinafter called Producer)


Please read carefully

1. The Software is the property of the Producer and is protected by copyrights and international copyrights with other provisions protecting intellectual property.

2. This license is and agreement between the user and Producer in purpose of using the Software

3. The Software is a computer program produced by the Producer, belongings including media, printed materials, communication accessories as well as electronic and printed documentation.

4. The Software is cannot be sold by the Producer but only licensed. The user in respect of this agreement and in accordance with the provisions implemented, is solely entitled to use the Software. The user cannot distribute nor make available for a fee without written permission of the Producer.

5. By installing the Software user agrees to the provisons of this agreement. If the user does not accept aforementioned provision he is not entitled to install and use the Software.

6. One license can be used simultaneously on many different computers of the user, under condition of using it in the dedicated purpose.

7.  User are provided with the software to work and exchange data with dedicated Europegas products.

8. The software, during its work may use Internet connection to send data obtained from Producer devices provided for the user on the Producer server for automatic actualization or service. Software can also send on the producer server data applying to computer, on which the software is installed, and also information applying to statistic data of software use, on which the user herein agrees.

9. During the process mentioned above, on the producers server are not and will not be sent any confidential or private information from the user computer, including personal data allowing to identify user personality. Data sent on the producers server, will be used only in statistical purpose and to make necessary analyzes. The Producer declares, that he will not distribute or make available this data to 3rd parties.

10. Reverse engineering, decompilation and disassembly of the Software is not allowed, as well as using protocols to exchange  data with the Producer devices and the Internet.

11. It is not allowed to modify working of the Software and to change or modify nor interfere the files of the Software. Only the Producer or parties authorized are allowed to change or modify the Software.

12. The Software is licensed as a whole and it is not allowed to overwrite, divide and change of its particular components to use it in the way not foreseen by the Producer or other infringement of this agreement.

13. It is not allowed to rent or lease the Software or to give to 3rd parties.

14. The user shall keep every note applying to copyrights and license obtained with the Software.

15. No warranty on Software
The user declares, that he will use the Software at his own risk. The Software is delivered with the documentation as is, without  any warranty. Producer states that the software is not under warranty. Producer does not w guarantee, that the software functionality will meet prerequisites of the user or that the software will work without errors or impediments, or eventually that the errors or impediments will be corrected. The user takes full responsibility for the results and correct functioning. Furthermore producer does guarantee and does not declare in the matter of results and consequences of  of using software or the connected documentation, its correctness, reliability and validity. Any written or oral information or advise given by the producer or an authorized producer representative will not be not warranty. In case if the error in the Software occurs the user shall incur all the necessary cost of the service, repair or amendments. Software is not dedicated for medical use or rescuing life. Some legal systems do not allow to exclude warranty in this case and therefore such exclusions are not binding.

16. Under any circumstances, including negligence, the Producer will not be responsible . for any accidental, indirect, intentional and consequential damage (including damage referred with loss of profit, intervals in working, losses of company data) resulting from using, improper use or inability to use this Software or documentation attached, infringing or breaching, including suspicion or results of breaching the patent, trademark, copyrights or other intellectual law, even in case of notification the Producer or authorized representative about possibility of such damage. Producer does not take responsibility for any damage, which the software may  inflict on the computer, or any other device used by the user. Some legal systems do not allow to exclude warranty in this case and therefore such exclusions are not binding.

17. In case of infringement of the copyrights by User, he is responsible for that damage.

18. Producer stipulates the right to make pecuniary claims or to take legal actions in case of infringement of copyrights or failure in using the program in accordance with the license agreement.

19. This license shall be governed by the polish law and any law conflicts shall be invalid. In case of conflict with law, rules or international provision, this agreement shall be governed by polish law, rules and provisions. If the appropriate court ascertains that any of the provision of this agreement or any of its part is contrary to the law, this provision shall be used in full available by the law range so it can meet the expectations and purposes of this agreement, and other provisions of this license shall remain in force.

20. This agreement is the part of the agreement between the parties applying to use of the Software and documentation connected and overwrites every prior or current agreement or contract, written or oral, which applies to this agreement. Any changes and amendments to this Agreement require the written form and signature of  authorized representative of the Producer otherwise be declared invalid.
