End User License Agreement

1. INTRODUCTORY PROVISIONS
   1. These license terms and conditions (hereinafter referred to as ‘License Terms’ or ’ License Agreement’) of the company StatSoft Polska Sp. z o.o. entered into the register of enterprises kept by the Polish District Court for the Krakow Srodmiescie (XI Division of the National Court Register) under KRS No. 0000174490, Tax No.: PL6771019064 (hereinafter referred to as the ‘Provider’) concluded between Provider and another legal entity (hereinafter referred to as the ‘Licensee’) via the web interface located at the Internet address https://webdpc... (hereinafter referred to as the ‘Software’). License Agreement cannot be concluded with a consumer (non-business natural person).
   2. Software is mainly used for data analysis and report generation, whereby more detailed specifications of Software functionality and the technical specifications of Software are provided on the https://webdpc... website. Software is provided by the Provider in different variants (tariffs), which depend in particular on the chosen duration of the Software subscription period, number of users, or the method of payment of Provider’s fee, etc.
   3. These License Terms govern, in particular, the mutual rights and obligations of the Provider and the Licensee concerning the granting of the license to the Software, the provision of basic software-related services to the Licensee, the maintenance and operation of the Software on the cloud server (hosting services), as well as other mutual rights and obligations of the parties.
   4. The Software is made available to the Licensee under the License Agreement exclusively for use on the cloud server in the form of software as a service (SaaS). The Provider also ensures the installation, hosting, and operation of the Software under the terms and conditions set forth below. The Software, including its functionalities, may undergo changes during the term of the License Agreement, even without prior notice. The Provider reserves the right, at its sole discretion, to permanently or temporarily discontinue certain features or components of the Software or to replace them with new features or components.
   
   
2. CONCLUSION OF LICENSE AGREEMENT
   1. The request for granting the license to use the Software (“Request”) is submitted to the Provider by acceptance of the License Terms and providing other necessary data (invoice data, end-users’ data, etc.). The information provided in the Request is presumed to be accurate; however, the Provider reserves the right to verify the identity of the Licensee and the information provided (via telephone, email, or other means).
   2. The contractual relationship between the Provider and the Licensee is established upon the Provider's acceptance of the Request, which may be communicated to the Licensee or implied by granting the Licensee access to the Software.
   3. The Licensee acknowledges that the Provider is under no obligation to conclude a License Agreement, particularly with competitors to the supplier or individuals who have previously committed material breaches of the License.
   
   
3. USER ACCOUNT
   1. Upon the conclusion of the License Agreement, a user account shall be created for the Licensee, through which the Licensee may access and use the functionalities of the Software.
   2. Every time the Licensee’s data, or the Licensee’s user’s data, provided to the Provider change, the Licensee shall promptly update the data / inform the Provider about it. The information provided by the Licensee in the user account shall be deemed accurate by the Provider. At the same time, each time the Licensee changes the data, it will be subject to the Supplier's assessment that the Licensee does not meet the prerequisites mentioned in Article II, point 3.
   3. Access to the user account is secured by a username and password. The Licensee is responsible for maintaining the confidentiality of login credentials and acknowledges that the Provider shall not be liable for any breaches resulting from the Licensee's failure to protect this information.
   4. The Licensee is not permitted to allow third parties to access or use the user account or Software.
   5. The Licensee agrees that the granted access to the account will be used only for Licensee’s internal purposes, and declares not to transfer any obtained results to external entities with the exception of the market regulator in the licensee's place.
   6. The Provider reserves the right to cancel the user account, particularly in cases where the Licensee breaches the obligations under the License Agreement, the Licensee’s status changes to such that is not accepted by the Provider, etc. In the event of cancellation, all information or data entered by the Licensee into the Software may be deleted.
   7. The Licensee acknowledges that access to the user account may not be continuously available, particularly due to maintenance of the Provider’s or third-party hardware and software.
   
   
4. SUBJECT MATTER OF LICENSE AGREEMENT
   1. The Provider undertakes to grant the Licensee the right to use the Software as specified in Article V of the License Terms.
   2. The Provider provide basic service support related to the Software and to ensure its operation on the Provider’s server (hosting services), in accordance with Article VIII et seq. of the License Terms.
   3. The Licensee undertakes to pay the Provider a fee for the Software license, basic maintenance services, and hosting services as specified in the user account and according to the applicable Software tariff (variant), in accordance with Article I and Article IV point 2 of the License Terms.
   
   
5. SOFTWARE LICENSE
   1. The Provider grants the Licensee a non-exclusive, and non-transferable license to use the Software.
   2. The license is granted without territorial restrictions, subject to EU sanctions-related limitations applicable to certain countries or entities. The location and cloud service provider of the server(s) on which the Software operates shall be determined by the Provider at its sole discretion.
   3. The Licensee may access and use the Software hosted on the server provided by the Provider, including the right to display, interact with, and transmit data through the Software, via the Internet. The Licensee may exercise the rights granted under this Article exclusively through the Provider and on the server designated by the Provider.
   4. The Software may only be accessed and its functions used by the Licensee’s employees.
   5. The parties may agree on specific limitations of the Software use under the agreed tariff (variant), such as restrictions on functionality, hardware specifications, duration or scope of support.
   6. The license is acquired by the Licensee at the moment the Provider confirms it, and is valid for the duration of the License Agreement as stipulated in Article I.
   7. The scope of the Software use may be technically restricted to protect the Provider's rights, or in case of exceeding the limits of the Software, or limits or the cloud services the Software is hosted on.
   8. The Licensee is entitled to use the Software solely for its intended purpose under the License Agreement. Automated processes or robots/bots may not be used unless the Software inherently provides such functionalities.
   9. The Licensee is not obligated to utilize the license.
   10. The Licensee may not transfer or sublicense any rights granted under the license to third parties without the prior written consent of the Provider.
   11. In the event of modifications, patches, updates, or upgrades applied to the Software by the Provider, the license may be extended to such new versions subject to the Provider’s discretion.
   
   
6. USE OF THE SOFTWARE BY THE LICENSEE
   1. The Software shall be made available to the Licensee through a dedicated server.
   2. The Licensee acknowledges that the Software is protected by copyright and agrees not to engage in activities that would enable unauthorized use by the Licensee or third parties.
   3. The Licensee is not permitted to modify, decompile, or reverse-engineer the Software.
   4. The Licensee is prohibited from circumventing, removing, or restricting mechanisms designed to protect the Provider’s rights or copyright notices related to the Software.
   5. The Licensee understands and agrees that the Software is designed for standard work and is not suitable for working with large files or document archives. In the event of significantly excessive usage, the Provider reserves the right to terminate the License Agreement without notice. In such case, at the request of the Licensee, submitted to the Provider within 30 days in writing or by e-mail address: info@statsoft.pl, the Provider will refund the amount proportionally for the unused period.
   
   
7. Provider a fee AND PAYMENT TERMS
   1. The fee payable to the Provider by Licensee and the payment due date are based on the selected Software tariff (variant, duration, number of users, etc.), and terms offered by the Provider.
   2. Payment information, including the Provider’s bank account number, will be provided to the Licensee's email address provided in the Software order form . The Licensee shall remit payment in accordance with received instructions.
   3. In cases where value-added tax (VAT) or similar tax is applicable under relevant legislation, the Provider’s fee may be increased accordingly.
   
   
8. MAINTENANCE AND HOSTING SERVICES
   1. Until the Licensee’s Software subscription is active, meaning a time-limited, right to use the Software and access associated services as specified in the agreement, the Licensee has the right to use the following services:
      1. Software Updates: patches, updates, or upgrades to the Software at the Provider’s sole discretion. The Provider shall not be obligated to make such changes.
      2. Technical Support: Basic technical support via email and the contact form on the Provider's website, subject to the Provider's discretion.
   2. If required by the Software, subject to the Provider’s discretion, the Provider shall provide basic hosting services required for the Software’s operation, including access to a dedicated server via Internet, however, the Licensee shall be responsible for providingthe hardware and software necessary to access such a server, as well as for covering all telecommunication charges related to Internet access.
   3. The maintenance services described in Article I of the License Terms, together with the hosting services in Article VIII point 2, shall collectively be referred to as Operating Services. The term Service refers to the combined provision of Operating Services and Software usage by the Licensee.
   
   
9. PROVISION OF OPERATING SERVICES
   1. The Provider may be unable to deliver Operating Services due to disruptions caused by the Licensee or other third parties. Examples include power outages, network failures or force majeure events.
   2. To prevent interruptions or degradation of the Operating Services, the Provider may conduct planned or unplanned downtimes for maintenance, hardware replacement and software adjustments.
   3. Temporary interruptions or quality reductions in the provision of Operating Services may occur.
   4. If a malfunction in Operating Services is attributable to the Licensee, the Licensee shall bear the costs of rectifying the issue.
   5. The Provider shall make reasonable efforts to ensure the availability of the Software. However, temporary unavailability due to maintenance, upgrades, or technical issues may occur. If the Software becomes unavailable for a continuous period exceeding 72 hours, or for an accumulated total exceeding 5% of the subscription period, the Licensee shall have the right to either:
      1. terminate the License Agreement with immediate effect, or
      2. request a proportional discount or credit for the subsequent subscription period, calculated based on the duration of the unavailability.
   6. Any remedy such listed in point 5 above must be requested in writing within 14 days of the event giving rise to the claim.
   
   
10. USE OF SERVICE BY THE LICENSEE
    1. The Licensee shall not permit third parties to use the Service without the Provider’s prior written consent. For each case of such unauthorized access/use, the Licensee shall compensate the Provider in the amount of one year's subscription.
    2. The Licensee shall not use the user account or Service in a manner that restricts other customers' access or places an unreasonable burden on the Provider's infrastructure. Specifically, the Licensee shall not send automated requests to the Provider’s server/website.
    3. The Licensee shall not store or transmit information through the Service that is contrary to applicable law.
    
    
11. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. Unless the Licensee objects via email send to the Provider, The Provider is entitled to use the trade name or business name of the Licensee as a reference for marketing purposes in various promotional materials, regardless of their form.
    2. The Provider shall not process data entered into the Software by the Licensee unless necessary for the operation of the Software or the provision of Operating Services. The Provider undertakes to maintain confidentiality concerning such data.
    
    
12. LIABILITY FOR DEFECTS AND DAMAGES
    1. Although each software producer aims at producing software free from any defects, one cannot exclude the possibility of occurrence thereof. Business and analytical software is by nature very complex and the number of data sets and functional settings are practically unlimited, creating a specific working environment for such software, hence the Licensee shall each time be obliged to undertake any activities aimed at adapting the Software options to individual needs or checking if it is possible to do so, and shall then verify the results of their work with independent sources.
    2. The Licensee acknowledges that the Software is a computer program which may be affected by different factors beyond its ability to control, including factors related to the compatibility of the program with other computer programs, including drivers of particular computer subunits, as well as Internet browsers, or other devices, such as local networks or the Internet. In view of the above, the Licensee acknowledges that circumstances may arise affecting operation of the Software, being beyond Provider's scope of liability, resulting from the above mentioned circumstances, which may prove impossible to examine thoroughly, and where the defects to the Software caused thereby may be impossible to prevent. In view of the above, none of the provisions of the License or any document produced by the Provider, including any website, should be interpreted as being a warranty of proper functioning of the Software and despite nonexistence of any such warranty, the Licensee decides on their own whether or not to continue to use the Software.
    3. In view of the above, the Provider;
       1. shall not be liable for any damages to the User resulting from the use of the Software. In particular, Provider shall not be liable for any direct, indirect, accidental or consequential damages, or any other special damages, including moral ones (even if they were foreseeable or if the User was informed or had the knowledge of the possibility of their occurrence) arising in connection with the use of the Software or resulting from conforming or a failure to conform to any of the provisions hereof (including damages incurred by third parties), such as, among other things, loss of revenue or expected profits, or a disturbance to business or inability to conduct business.
       2. shall not grant any warranty, make representation or promises related to the Software, other than specifically expressed herein;
       3. shall exclude any sureties, including implied ones, related to the features of the Software and the title thereto, as well as its fitness for any purpose.
       4. the above limitation of liability, including any other provisions hereof related to the Provider's liability, shall be not pertain to the damages caused by the Provider intentionally.
    4. The absence of a specific functional feature in the Software that is not explicitly stated in the Software specification shall not be considered a defect or grounds for any claim, liability, or warranty. Furthermore, the Software is not designed, intended, or warranted for use in the operation of medical equipment, life support systems, or any other applications in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage. Licensee agree not to use the Software for such high-risk activities. Any such use is highly prohibited, and the Provider disclaims any liability for damages resulting from such use.
    5. The Licensee shall verify the functionality of the Software without undue delay after it has been made available.
    6. The Provider shall not be liable for defects resulting from unauthorized interference with the Software or its use in violation of the Software specifications or License by the Licensee or any third party.
    7. The Provider shall not be liable for:
       1. the functionality of the Licensee’s network,
       2. the functionality of the public network,
       3. the functionality of the Licensee’s hardware,
       4. the Licensee’s data backup,
       5. the condition of the Licensee’s other software, or
       6. any third-party interference with the Licensee’s software.
    8. In no event shall the total liability of the Provider's aggregate liability to Licensee and Licensee's aggregate liability to the Provider for any claim under the License Agreement exceed the amount of the fees paid by the Licensee to the Provider during the twelve (12) months immediately preceding the incident giving rise to the liability.
    
    
13. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
    1. The Licensee consents to receiving information about the Provider’s goods, services, or business at the Licensee’s email address. The Licensee further agrees to receive commercial communications from the Provider pursuant to Section 2(2) of Act of July 18, 2002 on Electronic Service Provision (Polish Journal of Laws No. 144, item 1204, as amended). The Provider shall fulfill its obligations under Article 13 of the GDPR regarding the processing of the Licensee’s personal data for commercial communication purposes via a separate document. Nevertheless, if the Licensee does not agree with the above mentioned consent then the Licensee should inform the Provider in writing or by e-mail to: info@statsoft.pl
    
    
14. PROCESSING OF THIRD-PARTY PERSONAL DATA
    1. The Provider may process personal data of natural persons (Licensee’s users) provided under the terms specified in the Privacy Policy section at the Software’s website.
    
    
15. DURATION OF LICENSE AGREEMENT
    1. The License Agreement shall become effective upon its conclusion. The term of the License Agreement is determined by the Software tariff (variant) selected by the Licensee and shall be specified in the Request. The applicable duration shall be confirmed in the Provider's acceptance of the Request.
    2. The Provider reserves the right to terminate the License Agreement, particularly if they decide to discontinue the provision of the Service. Termination shall be communicated to the Licensee via email to the address specified in the Licensee’s user account, with a notice period of thirty (30) days. Accordingly, the Provider agrees to refund to the Licensee the fee for the selected period in proportion to the period unused.
    3. The Licensee acknowledges that upon termination of the License Agreement:
       1. The Licensee will no longer be permitted to use the Software and
       2. All data entered into the Software by the Licensee may be deleted.
    4. The Provider may also terminate the License Agreement if the Licensee breaches any of its obligations under the License Agreement or infringes the Provider’s copyright in the Software. Termination may occur without notice period and without the right to refund of the fee received from Licensee.
    
    
16. FINAL PROVISIONS
    1. The License Agreement shall be governed by Polish law, in particular the Polish Civil Code. Any disputes arising from or in connection with the License Agreement shall be resolved exclusively by the competent courts of the Republic of Poland.
    2. Any disputes arising from the legal relationship established by the License Agreement shall be adjudicated by the general courts of the Republic of Poland.
    3. Deviations from the License Terms may be agreed upon in a separate written license agreement. In such cases, the provisions of the specific license agreement shall prevail over the License Terms.
    4. The License Terms constitute an integral part of the License Agreement. Upon the Licensee's acceptance of a new version of the License Terms, the previous version shall be rendered null and void, and the new version shall become an integral part of the License Agreement.
    5. In the case mentioned above, until the licensee accepts the revised terms of the license agreement, the right to use the software is suspended.
    6. The Provider may reasonably amend the License Terms unilaterally. The Licensee shall be notified of such changes. The Licensee may reject the amended License Terms and in such a case, may terminate the License Agreement with one (1) months’ notice. Until then, Licensee shall continue to use the Software on the existing terms and conditions.
    7. If any provision of the License Terms is, or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the original. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.