Before purchasing Vissto SW, please read carefully this Terms and conditions and EULA. By downloading the SW and by any other activities you agree to both of these documents.
General Terms and Conditions
VISUAL DATA s.r.o., reg. no.: 04475402, registered address: Krakovská 583/9, Nové Město, 110 00 Prague 1, company registered in the commercial register maintained by Prague City Court, section C, entry no. 248297
I. INTRODUCTORY PROVISIONS
I.1. These General Terms and Conditions of VISUAL DATA s.r.o., reg. no.: 04475402, registered address: Krakovská 583/9, Nové Město, 110 00 Prague 1, company registered in the commercial register maintained by Prague City Court, section C, entry no. 248297 (hereinafter referred to as “VISUAL DATA”) refer to the Parties’ mutual rights and obligations arising in connection with or under an agreement on the use of a software product Vissto (hereinafter referred to as the “software”) between the User and VISUAL DATA as the licence provider, under which it provides the User with a licence to use the software.
I.2. VISUAL DATA is the provider of a digital licence to use the software. On its website VISUAL DATA offers the possibility to use the software on the basis of a licence agreement, where after the set price has been paid the User receives an electronic licence to use the software, data files and a licence key.
I.3. Provisions different to these General Terms and Conditions may be arranged in a separate agreement between the Parties. The different arrangements of such agreement shall prevail over the provisions of these General Terms and Conditions.
I.4. VISUAL DATA may unilaterally amend these General Terms and Conditions. VISUAL DATA shall be required to publish the new version of the General Terms and Conditions on its website www.vissto.com without undue delay (hereinafter referred to as the “website”). The User shall be required to familiarise itself with the amended General Terms and Conditions. If the User continues to receive services or other performance provided by VISUAL DATA, the amended General Terms and Conditions shall become binding upon it and effective from the date that it received the service or performance. The User has the option to refuse this amendment to the General Terms and Conditions, by notice with a two-month notice period which shall commence as soon as notice is delivered. If the other Party does not give notice within 15 days of notification of the amendment to the General Terms and Conditions, it shall be assumed that that Party agrees to the amendment to the General Terms and Conditions.
II. Subject of the General Terms and Conditions, Parties’ rights and obligations
II.1. The subject of the General Terms and Conditions is VISUAL DATA’s commitment to ensure that the User has the opportunity to use the software and any software supplements (hereinafter also jointly referred to as the “subject of the Agreement”) and the User’s commitment to pay VISUAL DATA the contractual price for this opportunity to use the software.
II.2. The user rights transferred by VISUAL DATA to the User in accordance with these General Terms and Conditions and the subsequent Licence Agreement concluded between VISUAL DATA and the User are limited exclusively to the User with the user rights to the extent of the respective End User Licence Agreement.
II.3. A breach of the obligations under these General Terms and Conditions, as well as the unauthorised use, transfer or disclosure of the subject of the Agreement to a third party without the corresponding amendment to the agreement with VISUAL DATA is not permitted. In the event of a breach of these obligations VISUAL DATA shall have the right to immediately end the contractual relationship with the User and prevent it from continuing to use the software. VISUAL DATA shall also have the same right in the event of a breach of certain restrictions on the user rights resulting from the Licence Agreement and from these General Terms and Conditions.
II.4. The use of the software is conditional on the conclusion of a Licence Agreement for the use of the software between the User and VISUAL DATA. This Agreement is concluded on the installation of the software.
II.5. When using all the electronic content that it is provided with by VISUAL DATA, the User shall comply with the obligations set forth in these General Terms and Conditions, the Licence Agreement and copyright legislation. In the event that the User is in breach of such obligations, it shall be liable to pay damages. Furthermore, the User acknowledges that such conduct may be judged in accordance with criminal law.
II.6. The User may not copy, distribute or in any way modify the purchased electronic content or otherwise duplicate it, make copies from it or otherwise dispose of it in violation of copyright or other legislation.
III. VISUAL DATA’s warranties
III.1. VISUAL DATA guarantees that the software has the properties that the Parties have agreed upon and, in the absence of an arrangement, then such properties that VISUAL DATA has described or which the User expected in view of the nature of the software and according to VISUAL DATA’s advertising.
III.2. VISUAL DATA furthermore guarantees that the software is intended for the purpose for which it is listed and for which an item of this kind is usually used.
IV. Consumer’s withdrawal from the Licence Agreement
IV.1. If the user is a natural person – consumer (hereinafter referred to as the “consumer”), he/she has the right after the Agreement has been concluded to withdraw from it remotely without a reason, within 14 days after the access data to download the software is sent. A user that gives its business name and/or registration number when ordering shall not be deemed a consumer according to these General Terms and Conditions.
IV.2. The consumer may exercise the right to withdraw from the Agreement in a clear written communication sent to the email address email@example.com, or sent through a postal operator to VISUAL DATA’s address. In the withdrawal notice the consumer shall clearly identify the subject of the Agreement, his/her name and address and the withdrawal date.
IV.3. In the event of a valid and effective withdrawal from the Agreement by the consumer, the price paid for the use of the licence shall be refunded to the consumer by VISUAL DATA without undue delay, but within no more than 14 days. The amount shall be refunded to the account from which it was credited to VISUAL DATA’s account to pay the invoice for the software licence. In the event of a valid and effective withdrawal from the Agreement by the consumer, the price paid for the use of the licence shall be refunded to the consumer by VISUAL DATA without undue delay, but within no more than 5 days. The amount shall be refunded to the account from which it was credited to VISUAL DATA’s account to pay the invoice for the software licence.
V. Personal data protection
V.1. VISUAL DATA declares and guarantees that all the personal data provided by the User shall be considered confidential and shall be used solely for performance arising from the contractual relationship between VISUAL DATA and the User and VISUAL DATA’s marketing purposes. In other cases it shall not otherwise be disclosed, provided to a third party or made otherwise available, except for VISUAL DATA’s obligations regarding distribution or payment concerning the ordered product.
V.2. Personal data that is voluntarily provided to VISUAL DATA by the User to fulfil an order shall be collected, processed and stored in accordance with applicable Czech laws, in particular Act No. 101/2000 Coll., on Personal Data Protection. The User grants VISUAL DATA its consent to collect and process this personal data in order to fulfil the subject of the concluded Agreement for VISUAL DATA’s marketing purposes, in particular in order to send commercial messages and information regarding VISUAL DATA’s goods, services or business to the User’s electronic address, including through third parties until the User states in writing that it does not wish to be sent these messages, using an electronic contact form. The User agrees to cookies being stored on its computer.
VI. Order and prices
VI.1. The specific prices for the individual products (types of software) are bindingly set on the website in the price list valid for the relevant period.
VI.2. The price shall also be indicated in the message confirming receipt of the order.
VI.3. The User may make an order either (A) via the website’s electronic interface or (B) in an email sent to the address firstname.lastname@example.org.
VI.4. Once an order has been made the User shall be issued an invoice for payment of the licence fee (subject of the Agreement). The User may use the following payment terms to pay the fee: Direct transfer to the account stated on the invoice, PayPal, GoPay.
VI.5. The User’s billing details cannot be changed after the order has been sent.
VII. Software delivery method
VII.1. The subject of the Agreement shall be delivered electronically.
VII.2. After the licence fee has been paid in full, i.e. after payment has been credited to VISUAL DATA’s account, the User shall be granted access to use the software by being sent access data to download it from the website that the User has been given, as well as the End User Licence Agreement, which shall be concluded when the software is installed, and it shall also be given the licence number and the licence activation key.
VII.3. The access data shall be sent to the User no later than 3 business days after the full payment amount has been credited to VISUAL DATA’s account.
VIII. Final provisions
VIII.1. Relations and any disputes arising under the Agreement shall be resolved exclusively according to Czech law and shall be settled by the relevant Czech courts.
VIII.2. These General Terms and Conditions and all contracts and agreements between VISUAL DATA and the User shall be concluded in Czech. If a translation of a text is made for the User’s purposes, the interpretation of the General Terms and Conditions, contracts and agreements in Czech shall apply if there is a dispute over the interpretation of terms.
VIII.3. The relevant provisions of the Copyright Act and other legislation governing the use of computer programs and databases and penalties for their illegal use are not affected by these General Terms and Conditions.
VIII.4. If any provision of these General Terms and Conditions is invalid and unenforceable, this shall not affect the validity of the other provisions of these General Terms and Conditions, which shall remain valid and enforceable.
VIII.5. These General Terms and Conditions do not impose any obligations on VISUAL DATA other than the obligations specifically mentioned in these General Terms and Conditions.
VIII.6. These General Terms and Conditions, including their component parts, shall be valid and effective from 20.9.2017
Document version: 1.1
Date of revision: 25.9.2017
VISUAL DATA’s contact details: delivery address: Krakovská 583/9, Nové Město, 110 00 Praha 1, email address: email@example.com tel. no. +420 723881322
END USER LICENCE AGREEMENT
concluded pursuant to Act No. 89/2012 Coll., the Civil Code, and Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on the Amendment of Certain Acts.
IMPORTANT – CAREFULLY READ THIS LICENCE AGREEMENT BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE YOU CONFIRM THAT YOU HAVE READ THROUGH THIS AGREEMENT, HAVE UNDERSTOOD ITS TERMS AND CONDITIONS, AND AGREE TO THEM, AND YOU CONFIRM THAT THEY ARE BINDING FOR YOU. IF YOU DO NOT AGREE TO THE LICENCE CONDITIONS, END THE INSTALLATION OF THE SOFTWARE.
I. Definition of terms
I.1. Provider is the company VISUAL DATA s.r.o., reg. no.: 04475402, registered address: Krakovská 583/9, Nové Město, 110 00 Prague 1, company registered in the commercial register maintained by Prague City Court, section C, entry no. 248297.
I.2. End User is a natural or legal person that has been granted a licence key to the software by the Provider.
I.3. Parties is the joint designation for the Provider and the End User.
I.4. Software means Vissto add-in to excel and it’s all connected licenses, which is owned by the Provider.
I.5. Equipment means any electronic device, on which the software is run and operated. This applies primarily to computers, tablets, touchpads or mobile phones, etc.
I.6. General Terms and Conditions means the Provider’s General Terms and Conditions.
II. Subject of Agreement
II.1. The Provider shall grant a licence to use software, of which it is the owner, under the conditions set forth in this Agreement.
II.2. The granting of the licence shall be governed by the provisions of this Agreement and the General Terms and Conditions.
III. Scope of use and content of the licence
II.1. The End User acknowledges that the software is not sold and that this is not a purchase contract. The Provider shall only grant the End User a non-exclusive, time and territorially unlimited licence to use the software, on the basis of which the End User shall be entitled to install and use the software and accompanying materials. The End User shall be entitled to use the software and accompanying materials only to the extent and in the manner specified in this Licence Agreement.
II.2. Installation of the software, customizing the software to the End User’s special requirements, setting up the software environment on the End User’s Equipment, setting up the End User’s hardware, training on how to use the software, the service and maintenance of the software are not the subject of this Licence Agreement. These services are not the subject of the licence that is provided and it is not the Provider’s duty to provide them under this Agreement. However, the Parties may conclude a separate contract for the provision of these services, under which the Provider shall provide them to the End User.
IV. Conclusion of the Licence Agreement
IV.1. This Agreement between the Provider and the End User shall be concluded as soon as the installation of the software is commenced. By installing the software the End User agrees to the terms of this Licence Agreement and the General Terms and Conditions.
IV.2. The End User declares that it has had the opportunity to familiarise itself properly and in full with the content of these licence terms before concluding the Licence Agreement, i.e. before installing the software.
V. End User’s rights and obligations
V.1. The End User may activate 1 licence of the software only on one device. The software may not be made available for use to multiple end users at once.
V.2. The End User is required to become familiar with how the software functions. The Provider cannot be liable for incorrect use of the software by the End User.
V.3. If the End User allows third parties to use the software, it shall be liable as if it were using the software itself. The End User shall also be required to familiarise all persons that it allows to use the software with this Licence Agreement and the General Terms and Conditions.
V.4. The End User may not publish, present, provide information, lend, hire, alter (with the exception of the user setting), distribute or create derived products based on this software or any part thereof.
V.5. The End User may not in any way disassemble, divide, translate, adapt or otherwise illegally handle the software beyond this arrangement. In particular, the End User may not in any way draw from the software and attempt to set up or create a source code derived from the software source code. Reverse engineering, code decomposition and dismantling of the software into parts is expressly prohibited unless such action is explicitly permitted in the End User’s country by applicable and effective legislation.
V.6. The End User declares that it assumes the risk of a change of circumstances under Section 1765, paragraph 2 of the Civil Code.
V.7. In the event of the termination of the licence the End User shall be required to either switch to “Lite version” of the software or to uninstall the software, including additional products, from the device without undue delay.
V.8. The End User acknowledges that if it does not use the software or only uses it to a limited extent, this does not entitle the End User to a reduction in the cost of the licence.
VI. Provider’s rights and obligations
VI. 1. The End User acknowledges that the Provider is entitled to collect, process and store information about the End User’s activities and use of the software. Any suggestions for a change, extension, improvement to the software, as well as any feedback and comments or other output from the End User received by the Provider shall automatically become the Provider’s property.
VI. 2. The Provider shall be entitled at any time to change the software to improve its quality or to ensure that it fully functions or to repair it.
VI. 3. The Provider is entitled to restrict or suspend operation of the software for the necessary period for the maintenance or repair of the software. The Provider shall not be liable if the End User suffers detriment or damage due to the restriction or suspension of the software. Similarly, the End User shall not be eligible for a reduction in the cost of the licence.
VII. Limited warranty
VII.1. The End User acknowledges that the software is licenced for use in the state in which it is in. If errors occur when installing or using the software, the End User shall, without undue delay, notify the Provider which, provided that the software is installed in accordance with this Licence Agreement and the General Terms and Conditions, shall take reasonable steps to correct the problem.
VII.2. The End User acknowledges that it bears all risks regarding the quality and usability of the software in specific, individual cases. The Provider shall not provide any express warranty, guarantee or conditions in this respect.
VII.3. The End User acknowledges that the Provider shall not be liable for the incorrect use of the software by the End User or by third parties.
VII.4. The Provider shall not be liable for the state of the software or hardware which the End User uses to operate its device, on which it installs the software. The Provider shall not be liable for the functionality of software installed on a device other than that recommended by the Provider.
VIII.1. The Fee for granting the licence is set for individual cases in the Provider’s valid General Terms and Conditions or on the company’s webpage.
VIII.2. The Parties accept the fee set in this way.
IX. Term of Agreement
IX.1. This Licence Agreement shall be valid from the date it is concluded, i.e. from the installation of the software, until it is ended.
IX.2. The Provider and the End User may end this Agreement by mutual agreement.
IX.3. The Provider and the End User may terminate this Agreement by notice. The notice period shall be one month and shall commence on the first day of the month after the month in which notice is delivered to the other Party.
IX.4. The End User shall be entitled to terminate this Agreement in the following cases:
- the Provider does not repair a defect in the software preventing its use by the End User which does not originate from a breach of obligation by the End User and which has also been reported to the Provider in a timely manner and which the Provider has been summoned to remove by the End User.
IX.5. The Provider shall be entitled to terminate this Agreement in the following cases:
- the End User does not pay the cost of the licence, or part thereof,
- the End User is in breach of its contractual obligations.
IX.6. The Provider shall be entitled to terminate this Agreement without a notice period if the End User is in breach of its obligations set out in Article V., paragraph V.4. and / or V.5. hereof. If the Agreement is terminated for this reason, the Provider shall have the right to the payment of a contractual fine of 200 EUR . The Provider shall be entitled to offset the amount that the End User has paid as the licence fee against the contractual fine.
IX.7. The obligation to pay the contractual fine under this Agreement shall not affect the obligation to pay compensation under the statutory provisions on liability for damage.
X. Final and joint provisions
X.1. The legal relations arising from this Licence Agreement between the Provider and the End User shall be governed by Czech law, in particular the Civil Code. Any disputes resulting from this Agreement shall primarily be settled between the Parties amicably. If disputes between the Parties cannot be settled by agreement, the Czech courts shall be competent to resolve disputes. The Parties agree that the locally competent court according to the Provider’s registered address shall resolve any mutual disputes.
X.2. This Licence Agreement may be amended only by written agreement between the Provider and the End User.
Document version: v1.1
Document revision: 25.9.2017