IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO LICENSEE AT THE TIME OF LICENSEE’S PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON LICENSEE’S COMPUTER, OR OTHERWISE USING MARTIN CETKOVSKÝ'S SOFTWARE, SERVICES OR PRODUCTS LICENSEE IS BECOMING A PARTY TO THIS AGREEMENT AND LICENSEE IS CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK.
Note: In case the terms of this Agreement conflict with the terms of any agreement individually negotiated and agreed between the vendor and Licensee, the terms of the latter shall prevail.
2.1. “Vendor”, ”We”, ”Us”, ”Our”, “Martin Cetkovský” refer to Martin Cetkovský, Ulrychova 849/9, 624 00 Brno, Czech Republic, registered with Trade Register, Czech Republic, ID.Nr.: 72472987, VAT ID CZ8402144135.
2.2. “Terms of Service”, “Terms”, “Agreement”, ”EULA” means this End User License Agreement.
2.3. “Product” means any software provided by the Vendor.
2.4. “Client” means a computer device used by User for running Product.
2.5. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by Martin Cetkovský as being made for the purpose of fixing software bugs.
2.6. “Bug Fix Update” for a particular Product Version means a software update or release that is specifically identified by Martin Cetkovský as a bug fix for that Product Version.
2.7. “User” means any employee, independent contractor or other temporary worker authorized by Licensee to use Software while performing duties within the scope of their employment or assignment.
2.8. “Licensee” means the sole proprietor or legal entity specified in the Product purchase confirmation. For legal entities, “Licensee” includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
3.1. The Product is licensed on a per-seat basis. If Licensee complies with terms of this Agreement, Licensee has the rights identified below in this section for each Product that Licensee acquires.
3.2. Unless this Agreement are terminated in accordance with the respective Section of this Agreement, and subject to the terms and conditions specified herein, Martin Cetkovský grants Licensee a perpetual, royalty-free, limited, non-exclusive, and non-transferable (with the exception to Section 3.6) license to use each Product covered by customer purchase as follows:
(A) Licensee may:
(i) Install and use any version of the Product covered by customer purchase in accordance with one of the following (two alternative types of use are permitted):
per license, any number of individuals may use the licensed software on one computer or
per license, one individual only may use the licensed software on any number of computers.
Changing the type of use is not permitted. The permitted use includes the installation of the licensed software, the upload into the working memory, and the intended use by the customer. In addition to desktop workstations and laptops, for the purposes of this Agreement a computer is also defined as a netbook, smartphone, tablet, PDA or similar end user device.
(ii) Make one backup copy of the Product solely for archival purposes.
(B) Licensee may not:
(i) Allow the same Product to be used concurrently by more than one (1) User for each license/seat purchased.
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense or transfer the Product, or provide access to the Product to a third party;
(iii) Reverse-engineer, decompile, disassemble, modify, or translate the Product, or make any attempt to discover the source code of the Product;
(iv) Remove or obscure any proprietary or other notices contained in the Product.
3.3 The vendor may, but is not obligated to, publish new versions of the product, usually Bug Fix Updates, and made it available to select existing customers without any additional charge.
3.4. Products are made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as “purchase” or “sale”. Martin Cetkovský has and retains all right, title and interest, including all intellectual property rights, in and to the Products any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Martin Cetkovský, including without limitation as they may incorporate Feedback (as defined below).
3.5 The customer does not have the right to alter, translate or rent out the acquired contract software or to sublicense it in any form, to publicly reproduce or make it accessible to the public using either wireless or wire-based technology or to make it available for use to third parties, either in return for remuneration or free of charge, e.g. by means of application service providing or in the form of “software as a service”. Section 3.7 remains unaffected by this.
3.6 The customer is entitled to permanently transfer the acquired copy of the contract software to a third party on condition that it also hands over the license certificate and documentation. In this case, it shall completely desist from all use of the program, remove all installed copies of the program from its computers and delete or hand over to the vendor all copies stored on other data carriers unless there is a statutory obligation for it to keep them for a specific period. If required to do so by the seller, the purchaser shall provide written confirmation of the complete execution of the abovementioned measures or, where applicable, present the former with its reasons for keeping the software for a longer period. Furthermore, the customer shall conclude an agreement with the third party containing an undertaking to expressly observe the scope of the rights granted pursuant to the present this Agreement.
3.7 Should the customer use the contract software in such as a way as to exceed the scope of the acquired rights of use either qualitatively (in respect of the manner of use permitted) or quantitatively (in respect of the number of licenses acquired), it shall without delay acquire the associated necessary extra rights of use.
3.8 Installation and configuration services are not objects of product purchases.
3.9. All deliveries under this Agreement will be electronic unless stated otherwise. Licensee and its Users must have an Internet connection in order to access and receive any deliveries. For the avoidance of any doubt, Licensee is responsible for downloading and installing Products. The deliveries may be available to download from the vendor for only a limited time following the moment of the purchase.
4.1. Subject to the terms of this Agreement, Licensee is granted a one-time right to install and use a trial version of the Product for evaluation purposes without charge for a period of thirty (30) days from the date of the Product installation, unless otherwise specified (“Evaluation Period”). Licensee’s use of Product during Evaluation Period shall be limited to the internal evaluation of Product for the sole purpose of determining whether Product meets Licensee’s requirements and whether Licensee desires to continue using Product.
4.2. Licensee may withdraw from using Product at Licensee’s sole discretion any time before expiration of Evaluation Period. Upon expiration of Evaluation Period, Licensee’s right to continue to use Product will terminate, unless Licensee purchases a license to the Product.
4.3 The trial version of Product might contain features further limiting the available product feature set or comfort (like casing to work after a set of time). These kinds of limitations are not present in the purchased version of the Product.
These Terms of Service apply whether Licensee purchases a Product or Service directly from Martin Cetkovský or through resellers. If Licensee purchases through a reseller, the Product or Service details shall be as stated in the License/Subscription Confirmation issued by a reseller to Licensee, and the reseller is responsible for the accuracy of any such License/Subscription Confirmation. Resellers are not authorized to make any promises or commitments on Martin Cetkovský’ behalf, and Martin Cetkovský is not bound by any obligations to Licensee other than as specified in this Agreement.
If Licensee purchase through a reseller, the Licensee takes in the account that the sale is governed by the reseller’s terms of service and/or other relevant documents and that the reseller’s terms may take precedence over the terms stated in this Agreement.
6.1. Certain content, products and services available via our Service may include materials from third-parties, including open source software (“Third-Party Software”). The list of Third-Party Software included in each Product is available in Product documentation. All Third-Party Software is licensed to Licensee under the terms of their respective licenses located in the Product documentation.
6.2 Third-party links on this site, in products or services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6.3. MARTIN CETKOVSKÝ PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Licensee has no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if Licensee or Users submit Feedback to us, then Licensee grants us a nonexclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
Additionally, if, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
FOR EU CUSTOMERS, THIS SECTION 8 AND/OR OTHER SECTIONS OF THESE TERMS OF SERVICE DOES NOT REDUCE YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
FOR NEW ZEALAND CUSTOMERS, THIS SECTION 8 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THIS GUARANTEE IS NOT MET THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACT PROVIDES FOR A REFUND.
8.1 ALL PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE PRODUCTS IS AT YOUR OWN RISK. MARTIN CETKOVSKÝ MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARTIN CETKOVSKÝ, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. MARTIN CETKOVSKÝ (AND ITS AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT THAT THE PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
8.2 IN CASE A VENDOR IS OBLIGATED TO RECTIFY A DEFECT FOR ANY REASON THE VENDOR WILL BE DEEMED TO HAVE FULFILLED ITS OBLIGATION TO RECTIFICATION OF DEFECTS IF IT HAS MADE AVAILABLE FOR DOWNLOAD ON ITS HOMEPAGE RELEVANT UPDATES.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARTIN CETKOVSKÝ (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR MARTIN CETKOVSKÝ’ LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF LICENSEE’S ACCESS TO OUR PRODUCTS IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF OR ACCESS TO THE SERVICES OR SOFTWARE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.4. IF AN APPLICABLE LAW ALLOWS YOU TO RECOVER DAMAGES FROM THE VENDOR, EVEN THOUGH THESE TERMS OF SERVICE DOES NOT, OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE IS LIMITED TO ONE HUNDRED (5) US DOLLARS OR THE AGGREGATE AMOUNT THAT LICENSEE PAID FOR PRODUCTS DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8.5. THERE WILL BE NO FURTHER LIABILITY ON THE PART OF THE VENDOR.
8.6. THE LIMITATION OF LIABILITY MENTIONED ABOVE APPLIES ALSO TO THE PERSONAL LIABILITY OF CO-WORKERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, REPRESENTATIVES AND ORGANS OF THE VENDOR.
You agree to indemnify, defend and hold harmless Martin Cetkovský and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Licensee shall comply with all applicable laws and regulations with regards to: economic sanctions; export controls; import regulations; and trade embargoes (“Sanctions”), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Licensee acknowledges that it will not download or otherwise export or re-export Vendor’s content, products or services or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use Vendor’s content, products or services for any end-use prohibited or restricted by Sanctions.
Licensee agrees to be identified as a customer of Martin Cetkovský and that Martin Cetkovský may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee’s business in Martin Cetkovský marketing materials, on the Martin Cetkovský website, in public or legal documents. Licensee hereby grants Martin Cetkovský a license to use Licensee’s name and any of Licensee’s trade names and trademarks solely pursuant to this marketing section. Licensee explicitly agree that Martin Cetkovský is allowed to transfer this license granted by Licensee to another entity which acquires rights to create, manage and/or sell the corresponding website, product and/or service from Martin Cetkovský in future.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using Product, Service or web site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Product, the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product, the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Product, the Service or any related website for violating any of the prohibited uses.
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement, including the Third-Party Software license terms, and any policies or operating rules posted by us on this site or in respect to The Service and The Product constitutes the entire agreement and understanding between you and us and govern your use of the Service and the Product, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).
Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Martin Cetkovský.
This Agreement is effective unless and until terminated by either you or us.
16.1. Martin Cetkovský may terminate this Agreement if:
(A) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof);
(B) Licensee fails to make the timely payment of respective fees;
(C) Martin Cetkovský is required to do so by law; or
(D) Martin Cetkovský elects to discontinue to provide its web site, Product, Service or a subscription, in whole or in part.
16.2. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Products, Services, or when you cease using our site.
16.3. Survival. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any relevant competent court of Czech Republic.
You can review the most current version of the Agreement at any time at this page or at our site.
We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement, including any referenced policies and other documents, by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Agreement, including any referenced policies and other documents, constitutes acceptance of those changes.
Licensee hereby declares that Licensee has had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contracts” (“adhesion contracts”) regulations shall not be applicable to this Agreement.
All products and services are sold “as is”. The customer assumes the responsibility for the purchase, and no refunds will be issued.
The customer shall test the contract software using a limited evaluation version if available on the vendor’s homepage before placing a purchase order.
21.1. Reservation of Rights. Martin Cetkovský reserves the right at any time to cease the support of Product, Service or its web site and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Product, Service or its web site. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
21.2. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
21.3. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
21.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
21.5. Notice. Martin Cetkovský may deliver any notice to Licensee via electronic mail to an email address provided by Licensee, registered mail, personal delivery or renowned express courier (such as DHL, Fedex or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Licensee via email, (ii) upon personal delivery, (iii) one (1) day after deposit by express courier, (iv) or five (5) days after deposit in the mail, whichever occurs first.
21.6. For exceptions or modifications to this Agreement, or should you have questions about the Agreement, please contact Martin Cetkovský at email firstname.lastname@example.org
21.7. The vendor's homepage/web site is located at www.letterinkapp.com.