End User License Agreement
The installation of the Software Product automatically enters into force the provisions of this Agreement between Estira Ltd, hereinafter referred to as the LICENSOR and the user of the Product , hereinafter referred to as the LICENSEER, namely:
I.SUBJECT OF THE CONTRACT
Art. 1. (1) The LICENSOR shall assign to the LICENSEER the right to use the following software product (Software, Product): Manager for the management of calls made by telephone booths - SmartTax Manager, reward, which LICENSEER is obligated to pay under the terms and conditions of this contract.
(2) The license shall be non-exclusive, non-transferable, and indefinite.
Art. 2. The Software product is described in detail by the LICENSOR in the technical documentation (embedded in the Software Help), together with instructions for the implementation and use of the Product subject to this Agreement.
Art. 3. The Parties undertake to inform each other of the possibilities of using the Product which they were not aware of at the time of signing this Agreement.
Art. 4. The LICENSEER shall have the right to use the Software on the territory of Republic of Bulgaria and abroad.
Art. 5. The license is granted indefinitely.
Art. 6. The LICENSEER SHALL NOT have the right to assign the use of the Product in the same or smaller volume to third parties.
Art. 7. The LICENSOR does not transfer ownership of the Software, but only the license to use it.
II.LICENSOR'S RIGHTS AND OBLIGATIONS
Art. 8. (1) The LICENSOR is obliged to provide the LICENSEER with the peaceful and undisturbed use of the Product during the term of this contract within the scope and territorial scope specified in section I of the contract.
(2) The LICENSOR shall provide contacts (telephone, e-mail, web site, physical address) for technical support at a distance of the LICENSEER in case of technical problems related to the use of the Software.
(3) The LICENSOR undertakes to provide hardware LICENSEER, required the use of a Product under this contract. The provided hardware is NOT subject to this Agreement and the LICENSEER may transfer it to third parties without any restriction.
(4 ) The LICENSOR shall have the right to conclude with other persons contracts for the license of this product, due to the non-exclusivity of this contract.
Art. 9. (1) The LICENSOR shall be obligated to protect the LICENSEER from third party claims regarding the Product .
(2) At the time of signing this Agreement, the LICENSOR declares that it is not aware that such claims exist.
Art. 10. (1) The LICENSOR shall, within three days from the payment of the Product, provide the LICENSEER with the information necessary for the use of the Product, as well as a technical specification of the Product .
(2) The LICENSOR shall be obliged to assist the LICENSEER to use the Product for the duration of this contract.
(3) LICENSOR shall not disclose any part of the whole information become known to him in swaddling e rendering of co operation of the LICENSEER at work with to third parties .
(4) The LICENSOR undertakes to use the information referred to in the previous subparagraph only in connection with assisting the LICENSEER in the operation of this product.
(5 ) The LICENSOR not liable in the event of imposition damage to hardware and / or device , which is installed with Software, covered by this contract.
(6) The LICENSOR shall not be liable for any damages suffered by the LICENSEE in the use of the information and the database, which became known to him in connection with the use of the Product, subject to this Agreement.
Art. 11. Upon purchase of the Product, all databases owned by the LICENSOR shall be licensed to operate the Product.
III. RIGHTS AND OBLIGATIONS OF THE LICENSEER
Art. 12. LICENSEER shall pay LICENSOR remuneration for the use of product size and terms stipulated in section IV of this Treaty.
Art. 13. The LICENSEER shall be obliged to use the Product for the purposes, manner and territorial scope specified in Section I of this Agreement.
Art. 14. The LICENSEER shall be obliged to use only a database server when working with the Software subject to this contract, provided to it by the LICENSOR. Only in this case can he use the LICENSOR assistant on the operation of the Product.
Art. 15. (1) The LICENSEER shall be entitled to use the Software for the duration of the subscription on more than one device at the same time.
(2) The LICENSEER shall be obliged to strictly comply with the technical instructions of the LICENSOR, as well as the instructions for implementation and use of the Product .
Art. 16. The LICENSEER shall have the right at any time from the operation of this Agreement to request permission from the LICENSOR to assign the right to use the Product to a third party with a sub-license agreement.
Art. 17. Due to the nature of the work and to assist in the use of the Product, the LICENSEER agrees to the LICENSOR to have access to all the information generated by the Product .
Art. 18. The information from telephone traffic, generated by the Product is subject to the rights and property of the LICENSEER. Entered data such as settings of billing parameters, prices, Zone table, Numbering plan, etc.) is the sole right and responsibility of the LICENSEER. The LICENSOR may only advise on these matters.
V. LICENSE FEE
Art. 19.(1) For the use of the software product, the LICENSEER shall pay to the LICENSOR a fee equal to the amount specified in the LICENSOR's online store located at https://estira.net.
(2) The payment shall be made before the date of activation of the Software.
Art. 20. Due consideration will be paid into a bank account, available in the LICENSOR's online store located at https://estira.net.
VI. RESPONSIBILITIES AND PENALTIES
Art. 21. LICENSOR can not be held liable for any indirect, actual, special or actual damages, including any damages for lost data or lost profits, arising from or in connection with use of the product..
Art. 22. (1) This contract shall be terminated:
- by mutual agreement of the Parties;
2 . with one month's written notice from the correct party, in case of culpable default of one of the parties' obligations.
VII. OTHER TERMS
Art. 23. This Agreement may be amended by the parties to a separate written agreement.
Art. 24. The parties to this contract shall send all communications and notifications to each other in writing, at the email addresses or physical addresses indicated above.
Art. 25. (1) The parties shall settle all disputes arising out of the performance of the contract through understanding and mutual concessions.
(2) Where it is impossible to reach an agreement, the parties shall bring the dispute before the competent court in the Republic of Bulgaria.
Art. 26. For matters not settled by this Treaty, the provisions of commercial and civil law of the Republic of Bulgaria shall apply.