LICENSE TERMS

For the use of the computer program “TRONLOGO” provided in the form of SaaS (software as a service)

• INTRODUCTORY PROVISIONS
  
  
  • These License Terms (‘License Terms’) of the company PromoTron Solutions a.s., with registered office at Čirůvková 127/10, Pitkovice, 104 00 Praha 10, company ID: 070 29 918, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 23378 (‘Licensor’) regulate, in accordance with the second sentence of section 2373(1) of Act no. 89/2012 Coll., Civil Code, as amended (‘Civil Code’) the mutual rights and obligations of the contractual parties arising on the basis of and in connection with the License Contract regarding the computer program “TRONLOGO” (‘License Contract and ‘Software’) concluded between the Licensor and another person who is not a consumer (‘Licensee’) via the web interface located at the internet address https://www.promotron.com/cs/tronlogo (‘Web Interface’).
  • The Software is used in the Licensee’s e-shop for work with logotypes and in order to realize visualizations for a user of this e-shop; more detailed specification of the Software’s functionality and technical specification of the Software are contained at the internet address https://www.promotron.com/cs/tronlogo. The operation of the e-shop, including relationships with buyers, shall be the Licensee’s responsibility.
  • On the basis of the License Contract, the Software shall be provided to the Licensee exclusively for use on the Licensor’s server (in the form of software as a service), whereby, under the conditions specified below, the Licensor also secures the operation of the Software. The Licensee part of the Software is integrated and displayed within the Licensee’s several e-shops, exclusively under the Licensee’s username (clause 3) and on the basis of the License Contract.
  • The License Terms regulate, in particular, the mutual rights and obligations of the Licensor and the Licensee relating to the grant of the Software license, the provision of maintenance services relating to the Software to the Licensee, the securing of the operation of the Software on the Licensor’s server (hosting services) and the Licensor’s and the Licensee’s other mutual rights and obligations
  • Individual variants of the provision of the Software and related services, including the amount of the Licensor’s remuneration for the provision of the individual variants of the Software and related services specified in the Licensor’s price list, are specified in more detail at the internet address https://www.promotron.com/cs/Cenik-sluzby (‘Service Tariffs’).
• CONCLUSION OF LICENSE CONTRACT
  
  
  • In order to send an offer to conclude a License Contract, the Licensee shall complete information necessary in order to register in the Web Interface; the Licensee shall send an offer to conclude a License Contract to the Licensor by checking a check-box and clicking a button “I agree and send”. The Licensor shall deem the details specified in the offer to conclude a License Contract to be correct; the Licensor shall always be entitled to verify the Licensee’s identity as well as the details provided by the Licensee (by telephone, by email, etc.).
  • The contractual relationship between the Licensor and the Licensee arises when the Licensor’s acceptance of the offer to conclude a License Contract has been received by the Licensee.
  • The Licensee acknowledges that the Licensor is not obliged to conclude a License Contract, in particular with persons who have previously substantially breached a License Contract (including License Terms).
• USER ACCOUNT “TRONADMIN”
  
  
  • On the basis of the Licensee’s registration carried out in the Web Interface and the conclusion of a License Contract, a user account shall be created for the Licensee. From their user account, the Licensee may manage their details and adjust the Software’s settings.
  • When registering in the Web Interface, the Licensee shall provide only correct and true details. The Licensee shall update the details provided in the user account every time they change in any way. The Licensor shall deem the details provided by the Licensee in the user account to be correct.
  • Access to a user account is secured with a username and a password. The Licensee shall treat as confidential information required in order to access their user account; the Licensee acknowledges that the Licensor shall bear no responsibility for a breach of this obligation by the Licensee.
  • The Licensee is not entitled to permit the use of the user account by third parties.
  • The Licensor may cancel a user account, particularly if the License Contract is discharged. The Licensee acknowledges that if the user account is canceled, all information inserted by the Licensee into the Software may be removed.
  • The Licensee acknowledges that the user account need not be accessible continuously, in particular with regard to essential maintenance of the Licensor’s or third parties’ hardware and software equipment.
• OBJECT OF LICENSE CONTRACT
  
  
  • In the License Contract, the Licensor undertakes to grant to the Licensee the entitlement to exercise the right to use the Software (license) by the means and in the extent specified by clause 5 of the License Terms.
  • In the License Contract, the Licensor further undertakes to provide to the Licensee maintenance services relating to the Software in the extent specified in the Service Tariff, and to secure in a basic extent operation of the Software on the server (hosting services), all in accordance with clause 8 et seq. of the License Terms.
  • In return for the grant of the Software license according to clause 4.1 of the License Terms, the provision of basic maintenance services, and the provision of hosting services according to clause 4.2 of the License Terms, the Licensee shall undertake in the License Contract to pay a monthly remuneration to the Licensor in an amount specified by the Service Tariff. Prices of individual Service Tariffs are specified in the Licensor’s price list.
• SOFTWARE LICENCE
  
  
  • The Software license granted by the Licensor to the Licensee is non-exclusive.
  • The Software license is granted without territorial limitation (clause 5.3). The Licensor shall decide the location of the server on which a copy of the Software shall be saved.
  • The Licensee shall be allowed to use a copy of the Software made on the Licensor’s server. In particular, the Licensee shall be allowed to use a copy of the Software which is necessary for inserting and saving the Software in a computer memory – server, as well as for displaying, operation and transmission on the internet. The Licensee may exercise the entitlements according to this clause solely through the Licensor on the server designated by the Licensor.
  • The Licensee may place a specified part of the Software interface also on their Website and use such a specified part of the Software by communicating it to the public.
  • Only the Licensee’s workers may access the Software administration and use its functions.
  • The Licensee acquires the license as soon as the License Contract is concluded. The Software license shall be granted for the period of duration of the License Contract.
  • The extent of use of the Software is specified for the individual variant of the service. The extent of use of the Software may be limited by technical means of protection of the Licensor’s rights.
  • The Licensee may use the Software solely for the purpose arising from the License Contract and in accordance with the Software’s purpose. Use of the Software by automated processes or robots, which is not approved by the Licensor in advance, shall not be permitted.
  • The Licensee is not obliged to use the license.
  • The Licensee may not grant rights forming part of the license, whether wholly or partially, to a third party without the Licensor’s prior written consent (grant sub-licenses), The Licensee may not assign rights and obligations from this license to a third party without the Licensor’s prior written consent.
  • If the Licensor implements patches, updates or upgrades or other modifications to the Software, the license shall also apply to the Software modified in this way.
• USE OF THE SOFTWARE BY THE LICENSEE
  
  
  • A copy of the Software shall be provided to the Licensee by initiating the Software on the Licensor’s server.
  • The Licensee acknowledges that the Software is protected by copyright. The Licensee undertakes not to carry out any activities which could allow the Licensee or third parties to use the Software in an authorized manner.
  • The Licensee may not modify and/or decompile the Software.
  • The Licensee may not circumvent, remove or limit mechanisms used for the protection of the Licensor’s rights or any information regarding the Software copyright.
  • The Licensee acknowledges that proper use of the Software may require cooperation with other computer programs. The Licensee acknowledges that the use of these other computer programs is governed by separate contractual agreements with the bearers of rights to these computer programs.
• THE LICENSOR’S REMUNERATION AND PAYMENT TERMS
  
  
  • The amount of the Licensor’s monthly remuneration shall be specified in the License Contract in accordance with the agreed Service Tariff. The Licensor’s right to grant the Software license or provide related services under different conditions shall not be hereby affected.
  • The Licensor’s initial remuneration shall be payable within fourteen (14) days of the conclusion of a License Contract; the Licensee may pay it earlier. Further monthly remunerations of the Licensor shall be payable monthly (for the previous month) counting from the day on which the License Contract was concluded.
  • The Licensor’s remuneration is payable by cash free means by a transfer to the Licensor’s account with the company Raiffaisenbank a.s., account no. 59595302/5500, IBAN: CZ96 5500 0000 0005 9595 3002, SWIFT: RZBCCZPP, for the purposes of payment in Czech Crowns, and by a transfer to the Licensor’s account with the company CitFin savings cooperative, account no. 1148234/2060, IBAN: CZ18 2600 0000 0000 0114 8234, SWIFT: CITICZPX, for the purposes of a payment in other currencies, or via the PayPal payment system operated by a third party – the company PayPal (Europe) S.à r.l., with registered office at Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg; the Licensor’s remuneration may also be paid by a payment card.
  • If generally, binding regulation provides so, value-added tax or a similar tax shall be added to the Licensor’s remuneration.
  • When paying the Licensor’s remuneration, the Licensee shall specify the variable symbol of the payment.
  • The Licensor shall issue to the Licensee a receipt of tax-deductible expenditure – an invoice in respect of payments made on the basis of the License Contract once the Licensor’s remuneration has been paid. The Licensor shall issue and send a receipt of tax-deductible expenditure – an invoice in electronic form to the Licensee’s address or upload it in the Licensee’s user account.
  • In the event that the Licensee is in default with the payment of the Licensor’s remuneration, the Licensor shall be entitled to interest on late payment amounting to 0.03% of the amount owed for each day of the default.
  • In the event that the Licensee is in default with the payment of the Licensor’s remuneration or a part thereof, the Licensor may suspend the performance of any of their obligations towards the Licensee (including the ability to use the functionality of the Service) until the Licensee has complied with all of their obligations.
  • The Licensor may postpone the ability to use the Software until the amount of the Licensor’s remuneration is, in reality, credited to the Licensor’s account.
• MAINTENANCE AND HOSTING SERVICES
  
  
  • For as long as the License Contract is effective, the Licensor shall provide the following maintenance services to the Licensee:
    • Patches, updates or upgrades of the Software, in an extent and timeframe specified at the Licensor’s discretion; the Licensor is not obliged to implement such changes to the Software;
    • Basic technical support by email or by communication within the Licensee’s user account, in an extent specified at the Licensor’s discretion.
  • On the basis of the License Contract, the Licensor shall secure for the Licensee basic hosting services necessary for the operation of the Software in the internet computer network. Hosting services thus means securing access of end users to the Licensor’s server on which the Software will be located via the internet network under the http or https protocol, as well as securing the operation of hardware and respective computer programs necessary for the operation of the Software.
  • Maintenance services according to clause 8.1 of the License Terms and hosting services according to clause 8.2 of the License Terms shall hereinafter be collectively referred to as “Operation Services”. Operation Services and the use of the Software by the Licensee on the Licensor’s server shall hereinafter be collectively referred to as “Service”.
• PROVISION OF OPERATION SERVICES
  
  
  • The Licensor is not obliged to provide the Operation Services in the event that their provision is prevented by difficulties on the part of the Licensee or on the part of other persons. The Licensor is thus not obliged to provide Operation Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
  • The Licensor may implement measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of Operation Services. In connection with this entitlement, the Licensor may carry out planned and unplanned shutdowns of the provision of Operation Services for the purpose of checking, maintenance or change of hardware, or setting or modification of the Software or other computer programs. The Licensor shall notify the Licensee of a planned Service shut down in advance via an email message or via a message displayed in the Licensee’s user account.
  • The provision of Operation Services may be subject to outages, temporary limitations, interruptions or decreases in the quality of these services.
  • In the event that a defect in the provision of Operation Services has been caused by reasons on the part of the Licensee, the Licensee undertakes to reimburse the Licensor for the costs of rectifying such a defect. Otherwise, the costs of rectifying such a defect shall be borne by the Licensor.
  • The Licensor secures Operation Services also via third parties; the Licensee consents to this.
• USE OF THE SERVICE BY THE LICENSEE
  
  
  • Unless provided otherwise, the Licensee may not, without the Licensor’s prior written consent, permit third parties to use the Service. In the event that the Licensee breaches this obligation or a third party causes the Licensor to incur the loss, the Licensee undertakes to compensate the Licensor for such loss.
  • The Licensee may not use the user account or the Service in a manner which would disproportionately restrict the use of the services by other customers of the Licensor or otherwise disproportionately hinder the Licensor.
  • When using the Service, the Licensee may not save information and/or permit the transmission of information the content of which is contrary to generally binding legislation.
  • The Licensee acknowledges that the Licensor shall bear no responsibility for the content of information saved by the Licensee. The Licensee further acknowledges that the Licensor shall not be liable for the Licensee’s unlawful conduct carried out via the Software. The Licensee acknowledges and agrees that the Licensor may be required to remove unlawful information saved by the Licensee or other persons in connection with the Service if the Licensor finds out that they are unlawful.
• OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
  
  
  • The Licensor is entitled to use the company, trading or another name of the Licensee for marketing purposes in the form of references in all types of promotional materials (irrespective of the form of these promotional materials or the form in which they are communicated).
  • The Licensee may be served at the Licensee’s email address specified in the user account.
• LIABILITY FOR DEFECTS, LIABILITY FOR LOSS
  
  
  • The Licensee acknowledges that the Software and Operation Services are not suitable for use in operations where significant or serious damage may occur and that the Licensor shall not be responsible for the results of activities for which the Software and Operation Services are used. The Licensee acknowledges that the use of the Software and Operation Services may be subject to errors.
  • The Licensee further acknowledges that the non-existence of a functional feature of the Software which is not expressly listed in the specification of the Software shall not be considered to be a defect.
  • The Licensee shall check the functionality of the Software without undue delay after the Software has been made accessible.
  • The Licensee acknowledges that the Licensor shall not be responsible for defects of the Software arising from unauthorized interference with the Software or use of the Software contrary to the specification of the Software by the Licensee or third parties. The Licensee acknowledges that the Licensor shall not be responsible for defects of the Service arising as a result of interference by third parties in the Web Interface or in the user account or as a result of the use of the Web Interface or the user account contrary to their purpose.
  • The Licensee further acknowledges that unless agreed otherwise, the Licensor shall not be responsible for the functionality of the Licensee’s data network, functionality of a public data network, functionality of the Licensee’s hardware equipment, backing-up of data by the Licensee, the state of the Licensee’s other software or for any potential interference by third parties with the Licensee’s other software.
  • Rights and obligations of the contracting parties relating to the Licensor’s liability for defects of the Software and Operation Services are governed by the respective generally binding legislation. The contractual parties have agreed that the Licensor shall be liable solely for a breach of their legal obligations based on fault. The Licensee may exercise their rights arising from the Licensor’s liability for defects of the Service by contacting the Licensor, preferably by email.
  • In the event that the Licensee suffers loss in connection with the Licensor’s liability for defects of the Software or Operation Services, unless the Licensor has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the grant of the Software license, to limit compensation for this potential loss incurred by the Licensee so that the total compensation for loss including loss of profit shall be limited to EUR 100.-. The contractual parties state, taking account of all circumstances of the conclusion of the License Contract, that the total foreseeable loss including loss of profit which may be incurred by the Licensee due to defects of the Software or Operation Services shall not exceed the amount of EUR 100.-.
• PROCESSING OF PERSONAL DATA
  
  
  • The Licensor complies with their information duty within the meaning of Article 13 of the Regulation 2016/679 of the European Parliament and of the Council on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (‘GDPR Regulation’) towards the Licensee who is a natural person or other natural persons on the Licensee’s side relating to the processing of the Licensee’s personal data for the purposes of performance of the License Contract and for the purposes of negotiation with regard to this Contract through a separate document.
  • In connection with the operation of the Software, the Licensor shall not process personal data of third parties (at the Licensee’s instigation).
• SENDING OF COMMERCIAL COMMUNICATIONS AND SAVING OF COOKIES
  
  
  • The Licensee agrees, within the meaning of section 7(2) of Act no. 480/2004 Coll., on Certain Services of Information Society and on the Amendment of Certain Acts (Act on Certain Services of Information Society), with the sending of commercial communications of third parties to the Licensee’s address. The Licensor complies with their information duty towards the Licensee within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Licensee’s personal data for the purposes of sending of commercial communications through a separate document.
  • The Licensee consents to the saving of so-called cookies on their computer. Cookies are small files which allow the Licensor to recognize the Licensee’s web browser (or another end user’s software) when communicating with the Software and to subsequently use certain functions of the Software. In the event that it is possible to perform the Licensor’s obligations arising from the License Contract without cookies being saved on the Licensee’s computer, the Licensee may withdraw at any time their consent under the first sentence of this paragraph.
• DURATION OF LICENSE CONTRACT
  
  
  • The License Contract enters into effect as soon as it has been concluded.
  • The License Contract shall be concluded for a definite period of time, i.e. for the period agreed for the specific Service Tariff, but no less than for a period of one (1) month. If no later than three (3) days before the License Contract ceases to be effective, the other contractual party does not receive a written expression of will of the other contractual party with a request to terminate the License Contract, the License Contract shall not terminate and the period of effect of the License Contract shall be extended automatically for a time period equal to the period for which the License Contract was last agreed between the contractual parties. The period of effect of the License Contract may be extended repeatedly according to the previous sentence.
  • The Licensee acknowledges that if the License Contract is terminated, all information inserted by the Licensee into the Software may be removed.
  • The Licensor may withdraw from the License Contract in the event that the Licensee breaches their obligation arising from the License Contract (including the License Terms) or otherwise interferes with the Software copyright.
• FINAL PROVISIONS
  
  
  • If a legal relationship arising from the License Contract contains an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code. For the purposes of relationships between the Licensor and the Licensee:
    • The use of respected trade customs within the meaning of section 558(2) of the Civil Code shall be excluded in circumstances where the Licensee runs a business;
    • The application of section 557 and 1763 of the Civil Code shall be excluded;
    • The application of section 1799 and section 1800 of the Civil Code shall be excluded in cases where the Licensee runs a business.
  • It is possible to agree provisions divergent from the License Terms by way of a separate License Contract concluded in writing. Divergent provisions in a separate License Contract shall override provisions of the License Terms.
  • The provisions of the License Terms form an inseparable part of the License Contract.
  • Once the Licensee has agreed with a new version of the License Terms, the previous License Terms cease to be effective and the new version of the License Terms becomes an inseparable part of the License Contract.
  • The contractual parties agree that the Licensor may unilaterally amend the License Terms to a reasonable extent. The Licensee shall be notified of the amendment to the License Terms by an email sent to their address specified in the user account. The Licensee may reject the amendment of the Terms of Business and thus terminate the License Contract within the notice period, which is one (1) month.
  • If a provision of the License Terms is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.