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Microstep-MIS License Agreement IMS4 I. Definitions for Purposes

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Microstep-MIS License Agreement IMS4 I. Definitions for Purposes MicroStep-MIS License Agreement IMS4 I. Definitions For purposes of this license conditions following definitions have been agreed: a) the Software – as the Software shall be considered the Integrated Meteorological System, Copyright © 2000-2021 MicroStep- MIS spol. s r.o., Cavojskeho 1, 841 04 Bratislava, Slovak Republic; b) the Licensor - as the Licensor shall be considered the company MicroStep-MIS, spol. s r.o., with the seat at Cavojskeho 1, 841 04 Bratislava, Id. No.: 35 791 489 (hereinafter as the „MicroStep-MIS“ eventually as the „Licensor“); c) the Licensee - as the License shall be considered a individual, legal entity or state authority (i.e. person) interested in the Licensor’s Software, which enclosed the Purchase Contract and License Contract with the Licensor, and which accepted these License conditions and other License documents; d) the License Contract for Intangible Industrial Property - providing that the Licensor and the Licensee do not agreed otherwise, as the License Contract for Intangible Industrial Property shall be considered the contract enclosed in accordance with § 508 and foll. of the Slovak Commercial Code (Act No. 513/1991 Coll. as amended, hereinafter as the “Slovak Commercial Code”) or enclosed in accordance with the similar regulation of the decisive laws, between the Licensor, the company MicroStep-MIS and the Licensee, by which the Licensor entitles Licensee to use the Software and Licensed documents within the Agreed extent, and within the Agreed territory (hereinafter as the „License Contract“); e) the License conditions for software products of the Licensor - as the License conditions for software products of the Licensor shall be considered these License conditions (hereinafter as the „License conditions“); f) the Agreed extent for use of the Software – if not specified otherwise, as the Agreed extent for use of the Software shall be considered an authorization (right) of the Licensee to use the Software for the purposes of meteorological service. g) the Agreed territory for use of the Software - as the Agreed territory for use of the Software shall be considered the country specified in the Purchase Contract. The Purchase Contract defines also the number of installations of the Software purchased by the Licensee. h) the Agreed time for use of the Software – if not specified otherwise, the time for the use of the software is not limited. i) the License - as the License shall be considered authorization (right) of the Licensee to use the Software within the Agreed extent, within the Agreed time, and within the Agreed territory; j) the License documents - as the License documents shall be considered License Contracts, License conditions, Software guideline as well as other documents related to the Software; II. General provision The company MicroStep-MIS as the Licensor shall provide the Licensee with a non-exclusive and non-transferable License to use the Software and the Licensed documents within the Agreed extent, within the Agreed territory, under conditions specified by the License Contract, and under these License conditions. III. Use of the Software 1. The Licensee undertakes to use the Software within the Agreed extent, and within the Agreed territory, exclusively for the purposes to which the Software has been determined by the Licensor. Providing that the Licensor and the Licensee do not agreed otherwise, the Licensee shall be authorized to install and use the Software only to/through one computer. 2. The Licensee can make reasonable amount of backup copies of the Software installation media, provided no backup copy is installed or used on any computer. 3. Price for the Software shall be considered as the price for the License for its duration (it is possible to buy License for other computers). Together with the price for License, the Licensor shall be authorized to charge price for related services that the Licensor provides in connection with the Software. IV. Copyrights 1. The company MicroStep-MIS as the Licensor is the owner of the Software. The Licensor, as the author of the Software is protected by competent provisions of the Slovak Author’s Act (Act No. 618/2003 on Author’s right and rights related to the Author’s right - the Author’s Act as amended, hereinafter as the „ Author’s Act “), and by other international regulations in the field of intellectual property laws. The Licensee undertakes not to breach the author’s and other rights of the Licensor related to the Software. 2. The Licensee shall be, on the basis of the License Contract and on the basis of these License conditions, authorized to use the Software exclusively for his/her own purposes, within the Agreed extent and within the Agreed territory, in accordance the License Contract and these License conditions. The Licensee shall not acquire any title, copyright or other proprietary rights in the Software or Licensed documents. 3. The Licensee undertakes not to remove or in any way modify any proprietary marking including any trademark or copyright notices on or in the Software or its carrier medium or on any Licensed documents. Furthermore, the Licensee undertakes not make any modifications, additions or enhancements to the Software without the Licensor's prior written consent. 4. Furthermore, the Licensee undertakes not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Providing that the Licensor and the Licensee do not agreed otherwise, any use of the source code exceeding the Agreed extent is prohibited, and shall be considered as a violation of the author’s rights of the Licensor. 5. The Licensee undertakes not use, in any way, any information and knowledge on ideas, procedures, structure, algorithm, used methodologies etc. on the basis of which the Software has been created, even if the Licensee obtained these information during legitimate usage of the Software. Furthermore, the Licensee undertakes not to use these information and knowledge in order to develop or to create of other software, similar to the Software. V. Transfer of the License The License is exclusive to to the Licensee, and the Licensee may not assign or otherwise transfer its rights or obligations under this License without the prior written consent of the Licensor. Furthermore, without the prior written consent of the Licensor, the Licensee may not rent, lease, sublicense or lend the Software or its documentation. VII. Liability and warranty 1. Providing that the Licensor and the Licensee do not agreed otherwise, the Provider warrants that the Software will perform substantially in accordance with the License documentation for the one year period following the receipt and implementation of the Software. 2. The Licensee undertakes to inspect the utility of the Software without any delay, but not later than one year after the receipt of the Software. Furthermore, the Licensee takes into account that as the defect of the Software shall not be considered if the Software does not fulfil a function due to requirements of the Licensee, inasmuch as the Software documentation does not guarantee such function. 3. The Licensor shall not be liable for any damage that arise by incorrect operation of the Software contrary to the Software documentation, License Contract, these License conditions; eventually for any damage caused indirectly with using of the Software. In no event will the Licensor be liable to Licensee for any consequential, incidental or special damages, including any lost profits or lost savings, even if an Licensor representative has been advised of the possibility of such damages, or for any claim by any third party. 4. The Licensor’s liability for defects shall be governed by competent provisions of the Slovak Commercial Code. 5. In the case of any Software’s defects, the Licensee shall be obliged to notify the Licensor on these defects, and to describe the defects to the Licensor without any delay, but no later that three days after their rise (Reclamation). VIII. Confidentiality 1. The Licensee hereby acknowledges that the Software and the licensed documents contain confidential information of the Licensor. The Licensee undertakes to keep secret of all information relating to the Software and Licensed documents (hereinafter as the “Confidential information”), and shall not copy, reproduce, divulge or otherwise disseminate the Confidential Information to any third parties without the prior written consent of the Licensor. 2. The Licensee shall keep confidential the contents of this License and all information of the Licensor designated as confidential and obtained under or in connection with the License, and shall not divulge the same to any third party without the prior written consent of the Licensor. 3. The Licensee may divulge confidential information only to those employees, agents or subcontractors bound under equivalent conditions of confidence who are directly involved in the use of Software, and shall ensure that such persons are aware of and undertake to comply with these obligations of confidentiality. 4. The obligations of the Licensee as to disclosure and confidentiality shall continue in force notwithstanding the termination of this License for any reason whatsoever. 5. In the event of breach of these provisions, the Licensor shall be authorized to claim from the Licensee abstaining of his/her conduct and remedying of objectionable state. The Licensor shall be further authorized to demand appropriate relief that may be granted in cash, indemnities and the forfeit of the unjustified gains. IX. Termination Either party may terminate this License by written notice delivered to the other if the other party is in breach of its obligations under the License. The notice period is 30 days, and shall commence as of delivery of the notice specifying the nature of the breach to other party. In the case of termination of the License by the Licensor, the Licensee undertakes to return the Software back to the Licensor without any delay, but not later that within 5 days, after expiration of the notice period.
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