Group Speed Dial 7.5

Source Code License

Custom License

GroupSpeedDial - Terms and conditions

1.

*Preamble:* This Agreement, signed on Feb 7, 2017 (hereinafter:
Effective Date) governs the relationship between the End User, a
Business Entity, (hereinafter: Licensee) and Ing. Juraj Mäsiar IT, a
duly registered company in whose principal place of business is
Chočská 1533/15, 02601, Dolný Kubín (hereinafter: Licensor). This
Agreement sets the terms, rights, restrictions and obligations on
using GroupSpeedDial (hereinafter: The Software) created and owned
by Licensor, as detailed herein

2.

*License Grant:* Licensor hereby grants Licensee a Personal,
Non-assignable & non-transferable, Pepetual, Commercial with terms,
Without the rights to create derivative works, Non-exclusive
license, all with accordance with the terms set forth and other
legal restrictions set forth in 3rd party software used while
running Software.

1.

*Limited:* Licensee may use Software for the purpose of:

1. Running Software on Licensee’s Website[s] and Server[s];
2. Allowing 3rd Parties to run Software on Licensee’s
Website[s] and Server[s];
3. Publishing Software’s output to Licensee and 3rd Parties;
4. Distribute verbatim copies of Software’s output (including
compiled binaries);
5. Modify Software to suit Licensee’s needs and specifications.
2. This license is granted perpetually, as long as you do not
materially breach it.
3. *Binary Restricted:* Licensee may sublicense Software as a part
of a larger work containing more than Software, distributed
solely in Object or Binary form under a personal,
non-sublicensable, limited license. Such redistribution shall be
limited to unlimited codebases.
4.

*Non Assignable & Non-Transferable:* Licensee may not assign or
transfer his rights and duties under this license.

5.

*Commercial use allowed with restrictions:* The software can be
used for commercial use only after purchase of "Enterprise
edition" or "Gold edition" or "Platinum edition" or "Universe
edition"

3. *Term & Termination:* The Term of this license shall be until
terminated. Licensor may terminate this Agreement, including
Licensee’s license in the case where Licensee :
1.

became insolvent or otherwise entered into any liquidation
process; or

2.

exported The Software to any jurisdiction where licensor may not
enforce his rights under this agreements in; or

3.

Licensee was in breach of any of this license's terms and
conditions and such breach was not cured, immediately upon
notification; or

4.

Licensee in breach of any of the terms of clause 2 to this
license; or

5.

Licensee otherwise entered into any arrangement which caused
Licensor to be unable to enforce his rights under this License.

4. *Payment:* In consideration of the License granted under clause 2,
Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any
other mean which Licensor may deem adequate. Failure to perform
payment shall construe as material breach of this Agreement.
5.

*Upgrades, Updates and Fixes:* Licensor may provide Licensee, from
time to time, with Upgrades, Updates or Fixes, as detailed herein
and according to his sole discretion. Licensee hereby warrants to
keep The Software up-to-date and install all relevant updates and
fixes, and may, at his sole discretion, purchase upgrades, according
to the rates set by Licensor. Licensor shall provide any update or
Fix free of charge; however, nothing in this Agreement shall require
Licensor to provide Updates or Fixes.

1.

*Upgrades:* for the purpose of this license, an Upgrade shall be
a material amendment in The Software, which contains new
features and or major performance improvements and shall be
marked as a new version number. For example, should Licensee
purchase The Software under version 1.X.X, an upgrade shall
commence under number 2.0.0.

2.

*Updates: * for the purpose of this license, an update shall be
a minor amendment in The Software, which may contain new
features or minor improvements and shall be marked as a new
sub-version number. For example, should Licensee purchase The
Software under version 1.1.X, an upgrade shall commence under
number 1.2.0.

3.

*Fix:* for the purpose of this license, a fix shall be a minor
amendment in The Software, intended to remove bugs or alter
minor features which impair the The Software's functionality. A
fix shall be marked as a new sub-sub-version number. For
example, should Licensee purchase Software under version 1.1.1,
an upgrade shall commence under number 1.1.2.

6.

*Support:* Software is provided under an AS-IS basis and without any
support, updates or maintenance. Nothing in this Agreement shall
require Licensor to provide Licensee with support or fixes to any
bug, failure, mis-performance or other defect in The Software.

1.

*Bug Notification: * Licensee may provide Licensor of details
regarding any bug, defect or failure in The Software promptly
and with no delay from such event; Licensee shall comply with
Licensor's request for information regarding bugs, defects or
failures and furnish him with information, screenshots and try
to reproduce such bugs, defects or failures.

2.

*Feature Request: * Licensee may request additional features in
Software, provided, however, that (i) Licensee shall waive any
claim or right in such feature should feature be developed by
Licensor; (ii) Licensee shall be prohibited from developing the
feature, or disclose such feature request, or feature, to any
3rd party directly competing with Licensor or any 3rd party
which may be, following the development of such feature, in
direct competition with Licensor; (iii) Licensee warrants that
feature does not infringe any 3rd party patent, trademark,
trade-secret or any other intellectual property right; and (iv)
Licensee developed, envisioned or created the feature solely by
himself.

7.

*Liability: * To the extent permitted under Law, The Software is
provided under an AS-IS basis. Licensor shall never, and without any
limit, be liable for any damage, cost, expense or any other payment
incurred by Licensee as a result of Software’s actions, failure,
bugs and/or any other interaction between The Software and
Licensee’s end-equipment, computers, other software or any 3rd
party, end-equipment, computer or services. Moreover, Licensor
shall never be liable for any defect in source code written by
Licensee when relying on The Software or using The Software’s source
code.

8.

*Warranty: *

1.

*Intellectual Property: *Licensor hereby warrants that The
Software does not violate or infringe any 3rd party claims in
regards to intellectual property, patents and/or trademarks and
that to the best of its knowledge no legal action has been taken
against it for any infringement or violation of any 3rd party
intellectual property rights.

2.

*No-Warranty:* The Software is provided without any warranty;
Licensor hereby disclaims any warranty that The Software shall
be error free, without defects or code which may cause damage to
Licensee’s computers or to Licensee, and that Software shall be
functional. Licensee shall be solely liable to any damage,
defect or loss incurred as a result of operating software and
undertake the risks contained in running The Software on
License’s Server[s] and Website[s].

3.

*Prior Inspection: * Licensee hereby states that he inspected
The Software thoroughly and found it satisfactory and adequate
to his needs, that it does not interfere with his regular
operation and that it does meet the standards and scope of his
computer systems and architecture. Licensee found that The
Software interacts with his development, website and server
environment and that it does not infringe any of End User
License Agreement of any software Licensee may use in performing
his services. Licensee hereby waives any claims regarding The
Software's incompatibility, performance, results and features,
and warrants that he inspected the The Software.

9.

*No Refunds:* Licensee warrants that he inspected The Software
according to clause 7(c) and that it is adequate to his needs.
Accordingly, as The Software is intangible goods, Licensee shall not
be, ever, entitled to any refund, rebate, compensation or
restitution for any reason whatsoever, even if The Software contains
material flaws.

10.

*Indemnification:* Licensee hereby warrants to hold Licensor
harmless and indemnify Licensor for any lawsuit brought against it
in regards to Licensee’s use of The Software in means that violate,
breach or otherwise circumvent this license, Licensor's intellectual
property rights or Licensor's title in The Software. Licensor shall
promptly notify Licensee in case of such legal action and request
Licensee’s consent prior to any settlement in relation to such
lawsuit or claim.

11.

*Governing Law, Jurisdiction: *Licensee hereby agrees not to
initiate class-action lawsuits against Licensor in relation to this
license and to compensate Licensor for any legal fees, cost or
attorney fees should any claim brought by Licensee against Licensor
be denied, in part or in full.

12.

*Licensee hereby agrees: *Licensee hereby agrees with usage of
cookies and local storage on web pages
group-speed-dial.fastaddons.com and www.group-speed-dial.fastaddons.com.