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LICENCE AGREEMENT
with the User of the „Professor WHY” software
This Licence agreement with the final User (“the Licence”) is an agreement between the User and the company under the business name Professor WHY Spółka Akcyjna [the joint-stock company] with the legal seat in Gdańsk (KRS [Polish Company Register] No. 0000557845) (“Professor WHY”).
The Licence shall describe the terms of use of the “Professor WHY” software and documentation attached, as well as any updates or upgrades, that may replace or complete the Software, and which are not distributed with an additional licence agreement (further as “the Software”). The User shall not own the Software and herewith shall receive only a non-exclusive licence for its usage.
By installing or using the Software, the User shall accept the terms and conditions of the Licence and shall be bound by them. The data that Professor WHY is entitled to make use of for the purpose of providing services and technical support for the Software is listed in the section (§) 2 below. If the User does not agree for using the said data, he or she must not install or use the Software. If the User does not accept the terms of the Licence, he or she must not install or use the Software.
§ 1. A non-exclusive licence and terms of use
1. The Licence
Professor WHY shall grant the User with personal, limited by time and place, non-exclusive licence for installation and usage of the Software, exclusively for non-commercial use, as defined in the Licence and documentation attached. User's acquired rights shall depend on compliance with the terms of the Licence agreement. It is strictly forbidden to use the Software in commercial purposes. The User shall be specifically forbidden to grant sublicence, to lend, to rent, or otherwise distribute the Software or rights to it. The terms of the Licence shall come into force since the day of installation or the beginning of usage of the Software, and shall terminate on the day of deletion or passing on the Software or terminating the Licence by Professor WHY. The Licence for the User shall be terminated immediately when an attempt to breach the technical security of the Software occurs.
2. Technical security
To register the Software, to play and to verify the Licence when first running the Software on a new computer („Authorization”) a connection to Internet is necessary. The authorization process comprises the verification of the serial number provided with the Software. When the Authorization is finished it is impossible to pass on the Software to another person. Professor WHY reserves the right to verify the validity of the User's Licence by means of Internet authorization process. The number of devices, for which the Software may be authorized is not limited, though the User can run the Software on two (2) individual devices simultaneously during every 24-hour period. If the User switches off or otherwise interfere in the technical security, the Software may not run properly, and the User breaches the terms of the Licence. We recommend keeping the serial number and any other passwords or code numbers for the purpose of installing the Software on another computer.
3. Further limitations
The right to use the Software shall be limited by the terms of the Licence. It is forbidden to copy, present in public, attempt to deactivate, distribute, perform, publish, modify or use, as well as create derivatives of the Software or any of its components. It is forbidden to prepare copies of the Software and make it available on the Internet, or any other network, where many users may have access to it. It is forbidden to delete or modify the trademarks or logo of Professor WHY as well as legal information attached to the Software or any elements attached to it.
4. Reservation of rights
Professor WHY reserves any rights, entitlements and shares regarding the Software (including all characters, storylines, images, photographs, animation, films, music, scripts, attached printed materials) and any copyrights related to it, trademarks and other intellectual property rights. The Licence applies only to intellectual property rights of Professor WHY and its licensors regarding the Software and does not apply to any other patents or intellectual property rights that do not concern the Software. Unless the proper law states otherwise, it is forbidden to decompile, disassemble, or undertake any backwards engineering processes towards the Software.
It is forbidden to delete or modify any labelling of the product, information about the copyright and other reference to intellectual property rights attached to the Software. Any rights that are not explicitly named in this document remain reserved for Professor WHY.
5. Data and materials conceived by the User
In return for the possibility of using the Software the User grants Professor WHY without any additional payment an exclusive, indefinite, irrevocable, fully transferable and undergoing further licensing all over the world right and licence to use materials and data conceived by the User by means of the Software in any purpose and by any means at every known to the User and Professor WHY fields of exploitation, including: reproducing, copying, adapting, modifying, performing, showing, publishing, broadcast, transmit and publicly disseminate by any means both known and unknown at present, as well as distributing these materials or data without preceding notice or compensation in any form throughout the time of copyright granted by both state and international legal regulations. The User hereby covenants not to perform against Professor WHY his personal copyright that emerge when using the Software, including the rights to: decide about the labelling of the materials and data with User’s name or alias or to share them anonymously, to inviolability of the content and shape of the materials or data, to decide about the first issuing of the materials and data to unlimited number of people. The User hereby authorizes Professor WHY to perform in his name the personal copyrights named above. For the efficiency of the authorization named above no further statement of the User is needed. The foregoing provisions stay in force after termination of the Licence regardless the cause of the termination.
§ 2. Permission for public presentation of data
If the User makes use of the web services provided by Professor WHY such as online game or downloading or sending the content, the User gives Professor WHY consent to gathering, using, storing, sending and publicising statistical data regarding the usage of the Software (including the results, scores, ranks and accomplishments in the game), as well as using photographs and films that the User takes by means of the game while using the Software.
§ 3. Limitations of liability
Unless the legal regulations being in force state otherwise, Professor WHY does not take responsibility in regard to the User for any physical injuries, damages to the User’s property, lost profits, loss of data, diminished value, malfunctions, or any other direct or indirect, specific, accidental or secondary damage or criminal law responsibility that may result from the performance of the provisions of the Licence or from the usage of the Software. The User bears the sole responsibility for the damage, the damage inflicted on a third party included, that may occur due to inappropriate use of the Software or the use that contradicts the purpose of the Software or contravenes the provisions of the Licence.
§ 4. Precaution of claims
The User is obliged to cover any damage that Professor WHY may suffer due to User’s inappropriate use of the Software or the use that contradicts the purpose of the Software or contravenes the provisions of the Licence.
§ 5. Proper law of the contract
The present Licence and its provisions regulating the relations between contracting parties shall be govern by the Polish law. Any litigation or conflict that may arise between the contracting parties regarding the provisions of this Licence or its implementation are subjected to the court of proper venue for the seat of Professor WHY.
with the User of the „Professor WHY” software
This Licence agreement with the final User (“the Licence”) is an agreement between the User and the company under the business name Professor WHY Spółka Akcyjna [the joint-stock company] with the legal seat in Gdańsk (KRS [Polish Company Register] No. 0000557845) (“Professor WHY”).
The Licence shall describe the terms of use of the “Professor WHY” software and documentation attached, as well as any updates or upgrades, that may replace or complete the Software, and which are not distributed with an additional licence agreement (further as “the Software”). The User shall not own the Software and herewith shall receive only a non-exclusive licence for its usage.
By installing or using the Software, the User shall accept the terms and conditions of the Licence and shall be bound by them. The data that Professor WHY is entitled to make use of for the purpose of providing services and technical support for the Software is listed in the section (§) 2 below. If the User does not agree for using the said data, he or she must not install or use the Software. If the User does not accept the terms of the Licence, he or she must not install or use the Software.
§ 1. A non-exclusive licence and terms of use
1. The Licence
Professor WHY shall grant the User with personal, limited by time and place, non-exclusive licence for installation and usage of the Software, exclusively for non-commercial use, as defined in the Licence and documentation attached. User's acquired rights shall depend on compliance with the terms of the Licence agreement. It is strictly forbidden to use the Software in commercial purposes. The User shall be specifically forbidden to grant sublicence, to lend, to rent, or otherwise distribute the Software or rights to it. The terms of the Licence shall come into force since the day of installation or the beginning of usage of the Software, and shall terminate on the day of deletion or passing on the Software or terminating the Licence by Professor WHY. The Licence for the User shall be terminated immediately when an attempt to breach the technical security of the Software occurs.
2. Technical security
To register the Software, to play and to verify the Licence when first running the Software on a new computer („Authorization”) a connection to Internet is necessary. The authorization process comprises the verification of the serial number provided with the Software. When the Authorization is finished it is impossible to pass on the Software to another person. Professor WHY reserves the right to verify the validity of the User's Licence by means of Internet authorization process. The number of devices, for which the Software may be authorized is not limited, though the User can run the Software on two (2) individual devices simultaneously during every 24-hour period. If the User switches off or otherwise interfere in the technical security, the Software may not run properly, and the User breaches the terms of the Licence. We recommend keeping the serial number and any other passwords or code numbers for the purpose of installing the Software on another computer.
3. Further limitations
The right to use the Software shall be limited by the terms of the Licence. It is forbidden to copy, present in public, attempt to deactivate, distribute, perform, publish, modify or use, as well as create derivatives of the Software or any of its components. It is forbidden to prepare copies of the Software and make it available on the Internet, or any other network, where many users may have access to it. It is forbidden to delete or modify the trademarks or logo of Professor WHY as well as legal information attached to the Software or any elements attached to it.
4. Reservation of rights
Professor WHY reserves any rights, entitlements and shares regarding the Software (including all characters, storylines, images, photographs, animation, films, music, scripts, attached printed materials) and any copyrights related to it, trademarks and other intellectual property rights. The Licence applies only to intellectual property rights of Professor WHY and its licensors regarding the Software and does not apply to any other patents or intellectual property rights that do not concern the Software. Unless the proper law states otherwise, it is forbidden to decompile, disassemble, or undertake any backwards engineering processes towards the Software.
It is forbidden to delete or modify any labelling of the product, information about the copyright and other reference to intellectual property rights attached to the Software. Any rights that are not explicitly named in this document remain reserved for Professor WHY.
5. Data and materials conceived by the User
In return for the possibility of using the Software the User grants Professor WHY without any additional payment an exclusive, indefinite, irrevocable, fully transferable and undergoing further licensing all over the world right and licence to use materials and data conceived by the User by means of the Software in any purpose and by any means at every known to the User and Professor WHY fields of exploitation, including: reproducing, copying, adapting, modifying, performing, showing, publishing, broadcast, transmit and publicly disseminate by any means both known and unknown at present, as well as distributing these materials or data without preceding notice or compensation in any form throughout the time of copyright granted by both state and international legal regulations. The User hereby covenants not to perform against Professor WHY his personal copyright that emerge when using the Software, including the rights to: decide about the labelling of the materials and data with User’s name or alias or to share them anonymously, to inviolability of the content and shape of the materials or data, to decide about the first issuing of the materials and data to unlimited number of people. The User hereby authorizes Professor WHY to perform in his name the personal copyrights named above. For the efficiency of the authorization named above no further statement of the User is needed. The foregoing provisions stay in force after termination of the Licence regardless the cause of the termination.
§ 2. Permission for public presentation of data
If the User makes use of the web services provided by Professor WHY such as online game or downloading or sending the content, the User gives Professor WHY consent to gathering, using, storing, sending and publicising statistical data regarding the usage of the Software (including the results, scores, ranks and accomplishments in the game), as well as using photographs and films that the User takes by means of the game while using the Software.
§ 3. Limitations of liability
Unless the legal regulations being in force state otherwise, Professor WHY does not take responsibility in regard to the User for any physical injuries, damages to the User’s property, lost profits, loss of data, diminished value, malfunctions, or any other direct or indirect, specific, accidental or secondary damage or criminal law responsibility that may result from the performance of the provisions of the Licence or from the usage of the Software. The User bears the sole responsibility for the damage, the damage inflicted on a third party included, that may occur due to inappropriate use of the Software or the use that contradicts the purpose of the Software or contravenes the provisions of the Licence.
§ 4. Precaution of claims
The User is obliged to cover any damage that Professor WHY may suffer due to User’s inappropriate use of the Software or the use that contradicts the purpose of the Software or contravenes the provisions of the Licence.
§ 5. Proper law of the contract
The present Licence and its provisions regulating the relations between contracting parties shall be govern by the Polish law. Any litigation or conflict that may arise between the contracting parties regarding the provisions of this Licence or its implementation are subjected to the court of proper venue for the seat of Professor WHY.