END USER LICENCE AGREEMENT SQ Label 2024
This End User Licence Agreement SQ Label (hereinafter referred to as: EULA) represents legal agreement between you, either legal entity, other business entity or a natural person (hereinafter: user or you), and the company Priber d.o.o., Zminec 30, 4220 Škofja Loka, registration number: 2238233000 (hereinafter: provider, company or licensor). This EULA relates to the use of the SQ Label Software (hereinafter: software) that is provided by the provider, for which you have concluded a contract or other agreement with which you have obtained a license to use the software. Please read this EULA carefully. By using software in whole or in part, you acknowledge that you are bound by all of the terms set forth in this EULA. If you do not agree to the terms of this EULA, you must not use the software any you must delete, remove or discontinue using the software immediately.
BY DOWNLOADING, INSTALLING, USING OR ACCESSING THE SOFTWARE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS EULA. IF YOU ACCEPT THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THIS EULA AND, IN SUCH EVENT, “YOU” AND “USER” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
1. GRANT OF LICENSE
The company hereby grants you the following license to use the software to the extent and in accordance with the terms set forth in this EULA:
1.1 Installation and Use
You may install and use as many copies of the software on personal computers (»PC«) or other devices as there are licenses you have purchased. You must install the software on a properly configured PC or other device that meets at least the requirements listed in the documentation. The installation method is described in the documentation. You may not install any computer programs or hardware on the PC or other device on which you install the software that could adversely affect the software.
1.2 License
The company grants you a non-exclusive, non-transferable, non-sublicensable, revocable, non-commercial, and personal license, to download, install, and use the software on a specific computer or other device during the term of this EULA (“license”). You must in no event use, nor allow others to use the software or this License for commercial purposes without obtaining a license to do so from the company.
2. OTHER RIGHTS
2.1 Mandatory activation
THIS SOFTWARE CONTAINS TECHNOLOGY INTENDED TO PREVENT UNLICENSED USE OF THE SOFTWARE. If you do not activate your software in the manner described in the documentation, you may no longer be able to exercise your rights to this software under this EULA. If you change the PC’s or other device’s hardware or software, you may need to reactivate the software. The company will use this technology to ensure that you have a legally licensed copy of the software. If you do not use a licensed copy of the software, you may not install it or use any future updates to it.
2.2 Internet services
You may not use any internet services associated with this software in any way that could harm, disable, overburden, or impair such services or interfere with any third party’s use or enjoyment of such software. Any attempt to gain unauthorized access to the account of any service, computer systems or networks connected to internet services is prohibited.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
This EULA does not grant or assign you any interest, title or ownership in the APP or its source code and should not be construed as a sale or assignment of any rights in and to the software. All title, interest, ownership rights and copyrights and other intellectual property rights in and to the software (including, without limitation, all text, graphics, documents, names and any other elements which are part of the software, individually or in combination) and any and all copies thereof are owned by company, company’s distributors or its licensors. The software is protected by law of Republic of Slovenia and on other international markets and its laws.
4. CONSENT TO THE USE OF DATA
You agree that the company and its affiliates may collect and use the technical information collected through any software-related product support services we provide to you. The company will not disclose such information in any form that would allow disclosure of your personality, unless necessary to improve its products or offer customized services or technologies.
5. LINKS TO THIRD-PARTY WEBSITES
The company is not responsible for the content of any third-party websites or services, any links to third party websites or services, or any changes or updates to third-party websites or services. The company offers you these third-party links and access to third party websites and services through software only as a benefit, the inclusion of any link or access to the website does not imply that the company endorses the third-party website or service in any way.
6. ADDITIONAL SOFTWARE/SERVICES
This EULA applies to updates, additions, or additional software components that the company may offer or make available to you after the date you obtain the original copy of the software, unless they are provided with special terms.
The company reserves the right to terminate additional services that have been offered or made available to you using the software.
7. UPGRADES
To use the software marked as an upgrade, you must first obtain a license for the software that the company has identified as eligible for the upgrade.
After installing the upgrade, you may no longer use the original software under which you were entitled to the upgrade, except as part of the upgraded software.
8. SOFTWARE NOT FOR RESALE
The software marked “Not for Resale” or “NFR” may not be sold or otherwise downloaded for a fee or used for any purpose other than demonstration, testing, and evaluation.
9. SOFTWARE VERSION FOR EDUCATIONAL INSTITUTIONS
To use the software labelled as “Academic Edition” (version for educational institutions) or “AE,” you must be an “eligible user” in an educational institution.
10. COMPONENT SEPARATION
The software is licensed as a single product. Its components must not be separated for use in more than one device.
11. RESTRICTIONS OF USE
You shall use the software strictly in accordance with this EULA and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the software; (c) violate any applicable laws, rules or regulations in connection with your access or use of the software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or other intellectual property rights) of company or its affiliates, partners, suppliers or the licensors of the software; (e) use the software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by company; (f) use the software to send automated queries to any website or to send any unsolicited commercial e-mail; (g) use any proprietary information or interfaces of company or other intellectual property of company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the software; (h) sell, rent out, lease, license, distribute, market, exploit the software or any of its parts commercially; (i) use the software in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (j) use software with hardware that is incompatible with the instructions for use.
12. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
The company, its affiliates, our partners, suppliers or licensors and all their officials, directors, agents and employees (“indemnification parties”) are in no way liable for any claim, proceeding, loss, damage, fine, penalty, interest and costs (including, but not limited to, fees for attorneys and other professional advisers) arising out of or in connection with the following: (i) your use or inability to use the software; (ii) your breach of this EULA; (iii) your violations of the law; (iv) your negligence or wilful misconduct; or (v) your infringement of the rights of third parties, including your infringement of the intellectual property or misuse of property rights of any person or entity. These obligations survive any termination of this EULA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOSS, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, LOST DATA, BUSINESS INTERRUPTION , PERSONAL DAMAGES OR LOSS OF PRIVACY), ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THE COMPANY’S TOTAL LIABILITY (WHETHER BY CONTRACT, TORT, LAW OR OTHER BASIS) IS LIMITED TO 10% (TEN PERCENT) OF THE ANNUAL SOFTWARE PURCHASE.
13. TERM AND TERMINATION
The EULA is effective from the earlier of the date you download or use the software and shall terminate automatically at the end of the period for which granted.
The EULA may terminate upon (a) termination of the EULA or (b) the company’s decision to discontinue offering and / or supporting the software, or (c) if you fail to comply with the terms of this EULA. Upon termination of the EULA, you must remove the software immediately, and your rights granted under this EULA shall terminate with immediate effect.
14. GOVERNING LAW AND JURISDICTION
This EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Republic of Slovenia unless your national law explicitly prohibits so. You irrevocably agree that the courts of Republic of Slovenia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims) unless your national law explicitly prohibits.
15. FINAL PROVISIONS
This EULA including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, unless otherwise agreed between the company and the user.
If any provision of this EULA is held to be invalid or unenforceable with respect to a party, the remainder of this EULA, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this EULA shall be valid and enforceable to the fullest extent permitted by law.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this EULA shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
The company may modify or amend the terms of this EULA by posting a copy of the modified or amended EULA in the selected operating system or company’s website http://www.priber.com. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the software following the date in which the modified or amended EULA is posted in the selected operating system or company’s website http://www.priber.com.
If you have any questions about this EULA, or if you wish to contact the company for any other reason, please use the contact information provided with this software.
DATE: 16.11.2021
