Winflector License
LICENSE AGREEMENT made in Krakow in Poland, between OTC S.A. located in Kraków, further called OTC, and the buyer of the software Winflector, further called the LICENSEE.
1. The subject matter of the license is the software “Winflector”, consisting of the following elements (the SOFTWARE):
- Client software - libraries, header files and utility programs used on the terminal to establish connection to the Winflector server and run the application on the server (Client subdirectory)
- Winflector server (wfserver.exe)
- User documentation.
2. OTC states that it holds the right to grant to the LICENSEE the right to use the software mentioned in point 1. (together with the attached documentation) as described by this license.
3. OTC grants the LICENSEE the nonexclusive, restricted to the LICENSEE’s country, license to:
3.1. use one copy of the Winflector server for internal purposes,
3.2. distribute, install and use any number of copies of the "Client software", including installations outside of the LICENSEE organization, provided all users agree to the conditions of the present license agreement
3.3. create backup copy of the SOFTWARE.
The backup copy can be created on the media used only for backup purposes.
Such copy cannot be simultaneously used with the SOFTWARE.
4. The LICENSEE may use only one copy of the Winflector server of each copy of the SOFWARE bought for the number of users stated in the respective license agreement .
The LICENSEE may use only the personalized copy of the Winflector server.
The LICENSEE may use the SOFTWARE only providing that its price has been paid.
5. The present license agreement covers all upgrades of the SOFTWARE with the same license number legally bought from OTC, providing that earlier versions of the SOFTWARE are no longer used.
6. OTC does not grant the LICENSEE any other rights, in particular the nonexclusive right of copyright of the SOFTWARE as stated by copyright law.
7. The LICENSEE may not modify, change the information structure, rent or hire, lease, resell or sublicense the SOFTWARE. The LICENSEE is not allowed to redistribute the SOFTWARE in any way, in particular to make the SOFTWARE available from ftp, http servers or through the WWW pages.
8. The LICENSEE may not reverse engineer, de-compile or disassemble the SOFTWARE or any part of the SOFTWARE.
9. The LICENSEE may not remove the trademarks identifying the SOFTWARE or the copyright information from the SOFTWARE.
10. This license does not extend or replace the licenses required for legal use of the third-parties system and application software
11. The terms and limits of the liability of OTC are given by the WARRANTY statement.
12. The license granted by the present agreement is valid for unlimited period of time. OTC, however, reserves the right to terminate the agreement if the LICENSEE fails to comply with the terms of this agreement.
13. The terms of the present agreement remain unchanged in case of transferring the rights and obligations from OTC to other subject.
14. The present agreement is protected under the law of Polish Republic and should be interpreted and understood according to Polish law.
15. All cases not explicitly regulated by this agreement are subject to the regulations given by Polish law, in particular the copyright law and the similar law and the regulations by the civil code. In case any of the regulations stated in this agreement conflicted the law or become void for any other reasons, all other regulations still hold.
16. All controversies arising from realization of the present license agreement shall be solved in the way of bilateral negotiations.
17. In case of disagreement the court appropriate to govern the case is the Polish Court relevant to the location of OTC.