Psiloc license agreement
IMPORTANT INFORMATION ABOUT THE SOFTWARE YOU ARE ABOUT TO DOWNLOAD, INSTALL OR USE
LICENSE AGREEMENT
WARNING
Please read the following contents before downloading or using the Software. The following provisions constitute a legally binding agreement, whose subject matter is granting a license to use the Software specified in point 1 hereunder. The Software may be saved on a PC computer, mobile phone hard drive, memory card of a mobile phone, sent to the user by electronic mail, downloaded from shop.psiloc.com, or may come from different sources, on terms and conditions set forth hereunder. This Agreement concerns the rights of an end user and does not constitute a sale agreement. Read this Agreement carefully before installing, downloading or using the Software. By clicking on the "I Accept" button while installing, downloading and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click on the "Decline", “Cancel” or "I Do Not Accept" button, cancel the installation or downloading. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. SOFTWARE.
As used in this Agreement, the term "Software" means, collectively: (i) the software, programs, plug-ins (and beta, trial versions of the foregoing) and related data and services available for install, download and use, (ii) all the contents of the disk(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via electronic mail or Web page (iii) digital images, (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (vi) upgrades, modified versions, updates, additions (collectively "Updates"), if any, licensed to You under this Agreement, the Software is offered by Psiloc US and/or the Third Parties (as defined herein) and is to be used in accordance with the Third Parties’s and/or Psiloc's software license and use agreements.
2. THIRD PARTY.
Means The Third Parties Software Developer, Provider who own and/or are authorized to distribute the Software through Psiloc US.
3. COPYRIGHT.
The Software and all rights, without limitation including proprietary rights therein, are owned by Psiloc and, where applicable, Third Parties and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
4. The Agreement is concluded by and between the following parties: Psiloc US , hereinafter referred to as Licensor, and an end user of the Software who is a natural or legal person, hereinafter referred to as Licensee. This Agreement comes into force on the day of the first download, installation or use of the Software.
5. Rights of the Licensee.
5.1. The Licensor grants the Licensee a non-exclusive, non-transferable right to enter the Software to the memory of a single electronic device (PC computer, mobile phone), install and use the Software on a single device, including the right to multiply the Software permanently or temporarily by any means and in any form in order to make one backup copy as far as it is necessary to enter, display or use the Software.(“License”).
5.2. The Licensee shall have the right to make one backup copy of the Software. Use of a backup copy shall be permitted on condition that the said copy is not used simultaneously with the Software installed on another device.
6. Limitation of the Licensee's rights. The Licensee shall not be authorized to:
- translate, adapt, modify the structure of the Software or to make any other changes or modifications thereto. Modifications or any other above mentioned changes shall constitute infringement of copyright and of this Agreement,
- sub license or lease the Software, or lend it for use; disassemble, decompile or multiply the code of the Software in any other manner or translate its form in the scope which exceeds permission under relevant provisions of applicable law.
7. Installation and usage of the Software.
7.1. Trial programs (Try&Buy) . In order to check the usability of the Software, the Licensor grants the Licensee permission to install and use one copy of the Software on one device for a period of up to 10 days. Should the Licensee decide to use the Software after expiry of the trial period, he shall have to obtain a License for the Software from the Licensor. The right to use the Software expires after 10 days. Further use of the Software shall be permitted only upon paying license fees to the Licensor and obtaining by the Licensee an unblocking code from the Licensor. Having obtained the unblocking code, the Licensee shall have the right to install and use the copy of the Software, subject to point 5.2. of this Agreement. The programs which are covered by a trial license shall be furnished excluding provisions of the Civil Code concerning warranties or any other guarantees of the Licensor.
7.2. License fees. You can pay the license fees in a different way. You can choose to be billed per year or per month. You can choose as well “monthly subscription”. For a monthly subscription you will be billed immediately for the first month of membership through your credit card account and then be billed automatically for each consecutive month of membership on the monthly anniversary of your subscription. You may send notice of Cancellation of your “monthly subscription” by sending e-mail to support(at)psiloc.com with: Details of your subscription, Your device IMEI number (type#*06# on your phone to get IMEI number), Four last digits of your credit card number that is used for your subscription Your monthly subscription will be discontinued one month after the last billing event and billing will stop.
7.3 Advertising. You acknowledge and agree that on several services and programs may include advertisements and PsilocUS and third parties are not responsible for the content of such advertisements.
7.4. Update of the Software. The Licensee, having paid the license fee and obtained the unblocking code, shall have the right to free updates of the Software to obtain a newer version as regards a decimal version number. The decimal number shall be specified by the first decimal place of the Software version. Having installed an update, the Licensee shall not be authorized to use the previous version, except for the case in which using the Software enables the update to be installed.
8. Time and place of using the Software. This Agreement is concluded for a limited to 30 days, one year or unlimited period of time. The Agreement comes into force on the day of the first installation or use of the Software. This Agreement may be terminated by the Licensee at any time by permanently deleting or destroying the Software, all its backup copies and all materials connected therewith, furnished by the Licensor. Should any provisions of this Agreement be infringed, the end user rights vested in the Licensee shall expire automatically and immediately, without the need for the Licensee to be notified by the Licensor. In such a case, the Licensee shall be obliged to immediately delete, destroy or return the Software and all its backup copies, at the Licensee's expense. The Licensee shall have the right to use the Software without any territorial limitations.
9. Transfer of the Software. Conveyance of the Software to third parties. In the case that the Licensee is a person who first obtained the licence to the Software, the Licensee may convey this License Agreement and the Software to another user on a permanent one-off basis, on condition that the Licensee does not retain any copies of the Software for themselves. The Software must be transferred in its entirety (together with all its components, updates and this License Agreement). Prior to such transfer, the user accepting the Software must consent to observe all provisions of this License Agreement.
10. Liability for damages and provisions concerning guarantee and warranty.
10.1. In no event Psiloc US and Third Parties will be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the software program, or for any claim by any other party, even if such claims include allegations of the negligence of Psiloc and Third parties and/or even if Psiloc or Third parties have been advised of the possibility of such damages. Psiloc's and third parties’s aggregate liability with respect to its obligations under this agreement or with respect to the software or otherwise shall not exceed the amount which the licensee has actually paid for the software.
10.2. The Software is furnished “as is”. The Licensor does not guarantee that features of the Software will meet the Licensee's requirements, nor that the Software will operate perpetually and without any errors. The Licensee bears full responsibility and risk for choosing the Software to achieve the intended results of the Licensee and for installation, use and results thereof. The SOFTWARE provided by Psiloc US and/or Third Parties is periodically updated on the Psiloc server (or a third party server) and therefore may be out of date or inaccurate. The data is provided “as is” and should not be relied upon for critical issues.
10.3. The Licensor shall not be liable for damages resulting from usage of the Software, nor does he grant any warranty or guaranty in respect of physical defects of the Software. In the case of any Software defects, the Licensee shall have only the rights set forth in point 7.2. of this Agreement.
10.4. The Licensor shall not be liable for damages resulting from loss of data which occurred in consequence of use or inability to use the Software.
10.5. Neither provision of this Agreement shall exclude statutory rights of the Licensee, who acts a consumer.
11. Termination of the Agreement. The Licensee's rights under this License Agreement of the Software User shall expire upon termination of the Agreement. The Agreement shall be terminated if the Licensee infringes provisions thereof.
12. Results of the expiry of rights to use the Software. Should the rights to use the Software expire as a result of termination of this Agreement or of any other reason, the Licensee shall be obliged to cease using the Software and to remove the Software from the device on which it was installed.
13. Governing law, jurisdiction and reference.
13.1. This Agreement shall be governed by the law of the Republic of Poland. If the Licensee is not a consumer within the meaning of Art. 22[1] of the Civil Code, all potential disputes between the parties shall be settled amicably, and if it does not result in a resolution, they shall be settled by the court competent with jurisdiction over the seat of the Licensor. In matters not regulated by this Agreement, relevant provisions of the Civil Code and of the Law on copyright and related rights shall apply.
13.2. If any of the provisions of this Agreement proves invalid or ineffective, the other provisions thereof shall remain in full force an effect.
13.3. This Agreement constitutes the entire agreement concerning the Software concluded between the Licensor and Licensee, and excludes the application and validity of any prior representations, arrangements and warranties.
Psiloc subscription terms and conditions
1. Payment Information
By accepting these terms, you authorize Psiloc US to automatically bill the credit card you have provided until you cancel this subscription. You may cancel this subscription at any time (see below).
You agree to provide Psiloc US with valid, accurate and up-to-date credit card and contact information. Failure to comply may result in the immediate termination of this subscription. You agree to notify Psiloc US regarding any billing issues or disputes within 90 days from the date of the dispute. If any issues or disputes are not brought to Psiloc's attention within this term, you waive your right to dispute them.
2. Billing Policies
When you begin a monthly subscription, Psiloc US bills your credit card immediately. On the monthly anniversary of your subscription. After this initial payment, your credit card will be automatically charged on the same day of each subsequent month for the use of this application until you cancel your subscription.
3. Cancel Information
You may cancel your monthly subscription by sending e-mail to support@psiloc.com at least 15 days prior to the end of the calendar or billed month with: details of which subscription you purchased, (example: Flight Assistant monthly subscription), your device IMEI number (type#*06# on your phone to get your IMEI number), and the last four digits of your credit card number that you used to purchase your subscription. When you cancel your subscription, your service will continue for one month after the last billing event. If subscription is cancelled part way through a month, there is no pro-rata refund of monthly payment.