License

Date of publication: 2016-01-12

License

License agreement for “IC_KATALOG ONLINE” software.

1. Concluded (hereinafter referred to as the “Contract”) between Inter Cars S.A. with a registered seat at Powsińska 64, 02 – 903 Warsaw, NIP (Tax Identification) number: 118-14-52-946, REGON (National Registry of Business Entities) number: 014992887, entered in the National Court Register kept by the District Court for the capital City of Warsaw, 13th Commercial Division of the National Court Register under the number 0000008734 (hereinafter referred to as the “Licensor”) and the Licensee, authorizes the Licensee to use the software program “IC_KATALOG” (hereinafter referred to as “Software”) under terms and conditions described in the Contract.

2. Downloading, use, copying or using the Software in any other way means that the Licensee is aware of the terms and conditions of the Contract and accepts them. If the Licensee does not accept any of the terms and conditions of the Contract, immediately the Software must be deleted from the storage of the Licensee and he may not use the program any more.

3. Under Contract the Licensee obtains a nonexclusive right of using the Software.

4. The Contract has no result in the form of selling the Software or database, which is a part the Software, for the Licensee or any third party.

5. The Contract authorises the Licensee to:

- installing any number of copies of the Software;
- making any number of copies of the Software to use in-house;
- using the Software (regarding existing features as at the day of signing the Contract) within ran business activities and to cooperate with the License holder;
- presenting, displaying and showing to customers of the License holder the effects of the Software operations.

6. The Licensee is not authorized to:

- propagate, hire out, rent or lend the Software;
- pass the Software or the rights to the Software (including sub-licensing) to any third party;
- share the Software to any third party for copying;
- translate, decompile and disassemble the Software, except for the situations when legal regulations require in an arbitrary way such an authorization;
- decompile or modify in any way the databases which are a part of the Software or databases which are available via the Software; breach of contract in this aspect releases the Licensor from responsibility for the correctness of the data included in the database of the programme;
- separate any part of the database (i.e. data included in it, photos, tables, etc.), which constitute the part of the whole Software or are available via the Software interfaces.

7. The Licensor shall not be held liable towards the Licensee nor any third party for damages caused as a result of installation, storing or any other use of the Software. Above limitation of liability also includes the liability for lost profits. Limitation of liability of the Licensor does not apply to situation when it is made void by arbitrary binding law regulations.

8. The Licensor holds the right that despite the best knowledge and all the efforts, databases which are a part of the Software or are made available via the interfaces of the Software may have some errors. In such case the Licensor shall not be held liable for damages caused by using databases with errors, towards the Licensee or any third party. Limitation of liability of the Licensor does not apply to situation when it is made void by arbitrary binding law regulations.

9. Information included in the databases being a part of the Software or available via the Software interfaces do not constitute an offer, as understood by the rules and paragraphs of the Civil Code.

10. The license for the Software is granted free of charge.

11. In case of breach of any of the points of the License Contract by the Licensee, the license expires. In such case the Licensee shall be obliged to cease using the Software immediately and to delete it immediately from one’s own storage.

12. In case of the breach of any of the terms and conditions of the license contract by the Licensee, the Licensor shall be entitled to seek copyright protection in any legal way.

13. Any matters not regulated herein shall be governed by the Polish law.

14. Any disputes which arise from realization of this Contract Agreement shall be settled by the Law Court competent for the seat of the Licensor.