CONDITIONS FOR USING OF SOFTWARE ITMONIT
AND REGULATIONS OF WEBSITE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES ON THE WEBSITE
- CLIENT, USER
- LIMITED WARRANTY ON SOFTWARE
- LIMITATIONS OF LIABILITY
- MODE OF THE COMPLAINT PROCEDURE
- ADDITIONAL PROVISIONS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This document defines binding rules of using the Software ITmonit and Website ITmonit. Regulations and other documents and information to which it refers shall determine in particular the conditions for conclusion, provision and termination of contracts, including the License Agreement concerning use of the Software and contracts for the provision of the Electronic Services available through the Website; the rights and obligations of Clients, Users and other persons using the Software or Website; restrictions on the use of the ITmonit Software and Website ITmonit; and also the mode of complaints procedure. This document, as well as the Software and Website are addressed exclusively to entrepreneurs, which means that a party to the license agreement and a contract for the provision of Electronic Services may be solely the entity other than a consumer.
1.2. The owner of the Website ITmonit and the entity authorized accordance with these Regulations to copyright to the ITmonit Software is a company NEXT SERVICES LIMITED LIABILITY COMPANY with a registered office in Poznan (registered address and address for service: Ul. Jugosłowiańska 31, 60-301 Poznań); The Company was entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000428489; kept by the District Court for Poznań Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register; share capital of PLN 5.000,00; NIP: 779-240-69-50; REGON: 302173132; address e-mail: email@example.com.
1.3. Definitions used in these Regulations means:
1.3.1. AGENT - a computer program installed on proper Device (according to the Documentation), which collects data about the Device for the Software needs and allows to use of selected software features and services for the devices. Description of requirements, installation, features and services available under Client Account is indicated in the Documentation and the Website.
1.3.2. PRICE LIST - Price list of the use of the Website and the Software.
1.3.3. DOCUMENTATION - functional description of functionality, operation and components of Software ITmonit, Customer Accounts and Website ITmonit.
1.3.4. WORKING DAY (Business day) - any day from Monday to Friday, excluding public holidays.
1.3.5. REGISTRATION FORM - a form available on the Website allows creating a Client Account.
1.3.6. FORUM - Electronic service, an internet forum available on the Website enables users exchange of views and opinions on the Software and mutual support.
1.3.7. CLIENT - A User who is a party to the license agreement for the use of the Software or the agreements for provision of electronic services available through Website. The provisions of the Regulations relating to the User also applies to the Client, unless the Regulations clearly provides otherwise.
1.3.8. CIVIL CODE - the Act Civil Code of 23 April 1964 – (Journal of Laws No 16, item 93, as amended).
1.3.9. FORUM ACCOUNT - the functionality of the Forum, User's account enables use of the Forum (this account is separate from the Client Account).
1.3.10. CLIENT ACCOUNT - Electronic service available on the Website being marked with an individual name (email address) and password a collection of resources, information and functionality on the Provider's Website enables use of the Software. Description of functionality and services available within the Client Account is indicated in the Documentation and on the Website.
1.3.11. MONITOR - computer program communicates with Agents installed on Devices, which collects and stores data, makes them available to the Client Account on the Website, and allows to use specified functionality and services of the Software. Description of requirements, installation, functionality and services available within the Client Account is indicated in the Documentation and on the Website.
1.3.12. COPYRIGHT LAW - The Act of February 4, 1994 Copyright and Related Rights (Journal of Laws of 2006 No 90, item 631, as amended).
1.3.13. ITMONIT; THE SOFTWARE; THE ITMONIT SOFTWARE - integrated system for monitoring of IT infrastructure (Hardware) via the Internet, which consists of a set of Electronic Services (Client Account) provided through the Website and computer programs (Agent Monitor) with other elements, non-computer program under the Copyright, but constitute an integral part - being the subject of License Agreement and a contract for the provision of Electronic Services between the Client and Service Provider. Description of requirements, functions and services available within the Software is indicated in the Documentation and on the Website.
1.3.14. REGULATIONS - this Regulation of use of the ITmonit Software and the Website specifying with other documents and information, to which it refers, binding rules for the use of the ITmonit Software and the Website ITmonit.
1.3.16. SERVICE PROVIDER; PROVIDER, ITMONIT - company NEXT SERVICES LIMITED LIABILITY COMPANY with a registered office in Poznan (registered address and address for service: ul. Jugosłowiańska 31, 60-301 Poznań); The Company was entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000428486; kept by the District Court for Poznań Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register; share capital of PLN 5.000,00; NIP: 779-240-69-50; REGON: 302173132; address e-mail: firstname.lastname@example.org
1.3.17. LICENSE AGREEMENT, LICENSE - the agreement to grant or renewal of a license to use the Software ITmonit being concluded or concluded between the Client and Service Provider.
1.3.18. DEVICE - User's electronic device or computer hardware (PC, laptop, printer, smartphone and other devices complying with the requirements specified in the Documentation) may be covered or covered by action of the Software.
1.3.19. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the User via the Website.
1.3.20. USER - each (1) a natural person for whom using the Software or the Website is directly connected with his trade or professional activities (who is not a consumer in this case); (2) a legal person; or (3) an organizational entity without legal personality, which is granted a statutory with legal capacity; - uses or intends to use the Software or the Website, including the Electronic Services.
2. ELECTRONIC SERVICES ON THE WEBSITE
2.1. The Website is used to made available for the Users the possibilities of using some functionality of the Software ITmonit, one element of which are the Electronic Services available through the Website, in this case the Client Account. Using of the Software ITmonit requires creation of a Client Account. Each User using the Website, including the Client Account and using the Software shall be obliged to comply with these Regulations.
2.2. Through the Website are available the following electronic services: the Client Account and the Forum.
2.2.1. The Client Account - use of the Account is possible after completing in altogether a two consecutive steps by the User - (1) completing the registration form, (2) clicking an action field. In the Registration Form it is necessary to enter by the User following user data: e-mail address and password.
184.108.40.206. The User is able to create and use the Client Account regardless of use of the Monitor and Agents.
220.127.116.11. The Electronic Service a Client Account is a service provided for a fee and by the time and on the terms specified in the Price List.
18.104.22.168. Service Recipient has a possibility, at any time and for any reason, to delete the Client Account (resignation from the Client Account) through its deactivation by using the options within the Customer Account or by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to the following address: ul. Jugosłowiańska 31, 60-301 Poznan. Resignation from the Client Account does not release User of the obligation to pay the Service Provider for using the Client Account and the Software.
2.2.2. Forum - use of the Forum by a User is possible after going to corresponding Website's tab labeled as Forum. To add a new topic or answer on the forum it is necessary to prior create a Forum Account or log in to already created Forum Account and provide the following information of Recipient : content, signature and e-mail address (in case of a new theme additionally title).
22.214.171.124. Viewing topics and entries on the Forum is available to all users and does not require the creation of Forum Account. Participation in discussions (including the creation of topics and entries) at the Forum requires prior creation of Forum Account and log in to it by the User.
126.96.36.199. Forum and comments published on it are not a press materials and shall not be considered as the Service Provider's publication. The Forum is just an access to a space on the Website to make free expression by Users and provides space within the Service Provider's servers to store data forming the content posted by users on the Forum.
188.8.131.52. Users who presented their statements at the Forum disseminate their statements on their own responsibility and assume legal responsibility due to dissemination of content that violates current legal regulations, in terms of both mandatory prohibitions, as well as the effects of the infringement of third party rights.
184.108.40.206. Statements posted on the Forum should be substantial in nature and should be related to the topic of the Website and the Software. Service Provider reserves the right to delete, modify and not to publish statements of Users without giving any reason.
220.127.116.11. Forum Electronic Service is provided free of charge by an indefinite period. Service Recipient has a possibility, at any time and without cause, to resign from the Forum by closing the Forum tab. Removal of content created by the User on the Forum is possible by sending the appropriate request to the Service Provider via e-mail to the following address: firstname.lastname@example.org or in writing to the address: ul. Jugosłowiańska 31, 60-301 Poznan.
2.4. The User is obliged to use the Website in a manner consistent with the law and morality whereas the respect for personal property and copyright and intellectual property of Service Provider and third parties. User is obliged to enter data consistent with the facts. User is prohibited from providing an illegal content.
3.2. The event information available within the Software are provided from the devices and are collected by using Agents. The role of Agents is limited in this case to provision and make it available to the User through the Software. Service Provider does not verify the reliability, accuracy and the veracity of this information. Software is merely an auxiliary (additional) and should not be a the only basis to decision-User. Service Provider recommends in any case, use of several independent sources of information and professional help in order to verify the planned actions before making a decision by the user.
3.3. Service Provider is not in any case legally responsible to the User for any damages caused by the use or inability to use the Software, whatever the way the damage arose and to what it refers to, regardless of whether it is a contractual liability of, tortious liability, or otherwise, even if Service Provider knew, he should have been aware or been informed of the possibility of such damages.
3.4. Service Provider does not warrant that the Software is error free or that the User will be able to handle the Software without problems of interference. In addition, because of the continuous development of new techniques for intruding upon and attacking the Internet, the Service Provider does not guarantee that the Software or a system or network on which the Software is installed and used will be free of vulnerability to intrusion or attack.
3.5. Copyright and intellectual property rights in the Website and the Software as a whole and its individual components, including content, graphics, tracks, designs and marks available in its framework belong to the Service Provider or other authorized third parties and under protection of Copyright and other provisions of applicable law. The protection granted to the Software includes all forms his expressions.
3.6. The structure, organization and source code of the Software are valuable trade secrets of the Service Provider and its suppliers. The Software is also protected by Copyright Law and by relevant international agreements. The Software should be treated like any other piece subject to the protection of the copyrights. The User have no right to copy software or documentation, except as expressly provided in the Regulations. The User agrees not to increase the functionality of the Software, nor modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to determine the source code of the Software, except as permitted by the rules mandatory binding law. Trademarks must be used in accordance with applicable law. Trademarks can only be used to determine print drawn up by the software. This use of trademarks does not give you any rights of ownership of the trademark. The user does not receive any copyright to Software.
3.7. User is obliged to use the Software in a manner consistent with its purpose, with the Documentation, concluded by the Agreement License, these Regulations and in a manner consistent with the law and morality whereas respect for personal rights and copyright and intellectual property rights of Service Provider and third parties. User is obliged to enter data consistent with the facts. The User spaces non-delivery of illegal content.
3.8. Starting the Software requires downloading the Monitor and the Agent and installing them at the User's device which meets the requirements specified in the Documentation and in accordance with the information given by User during the installation process. User can use the Monitor and the Agent for the sole purpose using the Software. User may install one monitor and an unspecified number of agents on his devices in order to use of the Software.
3.9. The condition to installation and use of the Software is accepting the these Terms and Conditions of Regulations, lack of acceptance prevents installation and use of the Software. The Software can be downloaded from the Website Provider after logging on Client Account.
3.10. The subject of License Agreement is to grant the Client a nonexclusive and nontransferable license to use the Software on terms described in these Regulations and for the purposes specified in the Documentation. The License also includes any upgrades, modified versions, amendments, additions and copies of the Software. Use of the Software means to access, install, load, copy, or any other obtaining of the benefits of the Software.
3.11. Service Provider reserves that some of the elements of the software are provided by independent producers and may be subject to other terms and conditions than those contained in these Regulations and that the User is obliged to follow them.
3.12. Grant of License occurs at the moment of start using the Software. Condition of using the Software is the acceptance of these Terms and Conditions, lack of acceptance prevents the use of the Software.
3.13. The license is granted for the period of time specified in the Price List.
3.14. Use of the Software (to grant the License) is subject to the payment to the conditions specified in the Price List.
3.14.1. The customer makes a payment using electronic payments or credit card payments through the service Transferuj.pl. Electronic payment service and the credit card company conducts Krajowy Integrator Płatności SA (formerly Brachia Sp. J.), based in Poznan (registered address: St. Martin 73/6, 61-808 Poznan) entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000412357, registration files are kept by the District Court for Poznań - Nowe Miasto i Wilda.
3.15. The client may authorize another User the use of Software in the extent of obtained License. In the case of authorization by the Client another User The Client is responsible jointly and severally with the authorized User for any actions of use of the Software and the Website, and the User is treated as a person who's authorized to act on behalf of the Client without showing a power of attorney granted in terms of the authorization.
3.16. License except the case specified in the previous paragraph does not authorize to borrow, lease, sublicense, and lending of the Software and Documentation.
3.17. The license is granted exclusively to the Client and only the Client and users authorized by him are entitled to use of the Software to the extent arising out of these Regulations.
3.18. The User under the granted License have the right to use the Software in a manner consistent with its purpose, with Documentation, concluded in the License Agreement, these Regulations and in accordance with the law and morality whereas respect for property personal and copyright and intellectual property of Service Provider and third parties in the following fields of use: (1) The Client is entitled to install the Software on any number of Devices (2) The Client is entitled to a permanent or temporary reproduction of the Software in whole or in parts. All rights outside those granted to the Client are expressly reserved by the Service Provider, in particular, User is not entitled in the extent to (1) the translation, correction, adaptation, change of layout, or any other changes to the Software; (2) distribution of the Software, including lease the Software or a copy thereof; (3) sublicense the Software (including the right to authorize others to use the Software - except in the case specified in Section 3.16 of the Regulations) and (4) to enter the Software on the market, including lending or lease.
3.19. The Client can, at any time and for any reason, delete the Software (resignation from use of the Software) through its uninstallation. Deleting the Software does not relieve the User of the obligation to payment for the use of the Software.
3.20. The Service Provider may provide to the Client the Software updates. In this case, the Client will be informed by giving the appropriate information within the Software and on the Website. The Client each time will be informed about the updates scope and will be able to download the updated Software. If the Software is updating from a previous version of the Software, you must possess a valid license to the previous version in order to legally use an Update unless the Service Provider decides otherwise.
3.21. The License Agreement will terminate automatically in case of the user's fails to comply its provisions.
4. CLIENT, USER
4.1. Each User using the Software on any ground, including on the grounds of the License Agreement on use of the Software or the provision of the Electronic Services available through the Website or authorized by the The Client in accordance with the signed by the Client License Agreement regarding the use of the Software or the provision of the Electronic Services available within the Website, is obliged to comply with these Regulations, including the conditions of use of the Software (License).
4.2. The Client is also a User of Website and the Software. The Client has the possibility to authorize another User to use the Website and the Software in extent of access granted to him, including granting an access to his Client Account on terms concluded in a separate agreement with the User. The agreement concluded between the Client and the User and granted authorization, their scope and purpose must not violate these Regulations. The User to whom Client granted an access to his Customer Account is treated as a person authorized to act on behalf of the Client without showing any powers of attorney granted in terms of access.
4.3. Granting access to his Customer Account by the Client may be performed on the terms specified in the Documentation, in particular the granting of access can take place within the Customer Account or by granting to another Client an access to his Customer Account.
4.4. The Client shall be liable jointly and severally with the User for using of The Client Account and the Software by User by him authorized, in particular the Client is obliged to incur any charges arising from the use of the Customer Account and the Software by such User.
4.5. The Client who authorizes another User to use the Software shall be obliged to bind such a User with this Regulations and take care of its compliance with these Regulation. The Client shall be full liable jointly and severally with the User for the infringement of these Regulations, by him authorized user.
5. LIMITED WARRANTY ON SOFTWARE
5.1. The Service Provider guarantees the User that the Software will perform substantially in accordance with the Documentation, assuming that the Software is used in accordance with these Regulations, Documentation and recommended hardware configuration. Insignificant performance difference software in relation to the description in the Documentation does not constitute a rights of complaint. This limited warranty does not apply to upgrades, preliminary (beta) version of Software, versions not for resale (NFR) of software and trial versions. If the Software does not behave substantially in accordance with Documentation, the entire liability of the Service Provider and only damages/ compensation to the User consists, according to the choice of the Service Provider, exchange of software or refund fee for the Software License paid by User. The above rights shall not prevent the application of claims under mandatory provisions of law.
5.2. This limited warranty is the sole and exclusive liability of the Service Provider and its suppliers in the case of breach of terms of the Agreement License. The Service Provider and its suppliers do not guarantee and can not guarantee the performance or efficiency of use of the Software. In addition to the provisions of the above guarantee, and for any other warranties, terms, conditions and arrangements, regardless of whether they may be waived by local legislation, the Service Provider and its suppliers do not give any guarantees, conditions, provisions and arrangements, either expressed or implied, the contractually agreed or customary as well as in any other form, including (but not limited to) a possible violation of the copyright of third parties, integration, satisfaction with the quality or usefulness for specific applications. The provisions of this point shall not expire at the end (For whatever reason) the License Agreement, which however does not gives the User the right to continue using the Software after ending the License Agreement.
6. LIMITATIONS OF LIABILITY
6.1. Service Provider licenses the Software in the form in which it was delivered and makes no implied or expressed opening assurances as to the utility for specific applications. In no case shall the Service Provider and its suppliers are not liable for damage or violation rights of third parties directly or indirectly caused by the operation of the Software, including damage caused by the inability of use, breaks from work and any repetitive, incidental or special damages of any kind, including lost profits or reduction costs, regardless of whether a representative of the Service Provider has been advised of the possibility of such damages, or claims by third parties. None of the limits contained in these Regulations limits the liability of the Service Provider for death or loss of health caused by wilful misconduct the Service Provider. The User explicitly recognizes the right of the Service Provider to act on behalf of its suppliers only to the extent disclaimers, exclusions, and / or a limitation of obligations or commitments set out in this paragraph.
6.2. The Service Provider's liability in relation to the User regardless of its legal basis, is limited - both in the single claim, as well as all claims in total - up to the amount of the consideration paid in respect of the License Agreement, but no more than the amount of one thousand zlotych. The Service Provider shall be liable in relation to the User only for the typical damage predictable at the moment of conclusion the agreement and shall not be liable for loss of profit in relation to the User.
7. MODE OF THE COMPLAINT PROCEDURE
7.1. ITMONIT is liable for complaints related to the performance of the Software, with the provision of the Electronic Services by the Service Provider and other complaints related to the operation of the Website to the conditions specified in the Regulations.
7.2. The User may consist complaint within 14 days from the date of the event giving rise to the complaint:
7.2.1. in writing to the following address: ul. Jugosłowiańska 31, 60-301 Poznań;
7.2.2. in electronic form via e-mail to the following address: email@example.com;
7.3. To respond to the complaint by the Service Provider is immediately but not later than within 30 calendar days of its submission. Failing to respond within this time limit does not mean that the Service Provider found the complaint to be justified.
8.1. The User undertakes to maintain strict confidentiality and not to disclose to third parties any technical information, financial, technological, commercial, organizational and know-how of the Service Provider and its suppliers obtained in the course of using the Website or the Software.
8.2. The obligation not to disclose information related to the conclusion and implementation of the Agreement does not apply to information:
8.2.1. which disclosure obligation is stipulated by law,
8.2.2. previously indicated by the Service Provider to the public or in any other way disseminated by him,
8.2.3. recognized by the Service Provider as covered by the obligation of confidentiality, which the Service Provider later expressed, a written consent to such disclosure.
8.3. The confidentiality obligation remain in force indefinitely, including in the case of cessation of use of the Website or the Software.
8.4. Informations on the Service Provider, about which the User became aware on or in connection with using of the Website or the Software can't be used by the User for any purpose other than fulfilling the obligations arising from the Regulations.
9. ADDITIONAL PROVISIONS
9.1. The Service Provider entitled to withdraw from the License Agreement concluded with the Client within 14 calendar days of its conclusion. Termination of the License Agreement in this case can take place without giving any reason and does not give rise to the Client any claims in relation to the Service Provider.
9.2. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending to the User an appropriate statement.
9.3. In the case of deletion, uninstall or resignation in any other way of using the Software the Client is not entitled to a refund of fees for the unused period.
9.4. The User agrees to not export and re-export of the Software, its parts, or any process or service as a direct element of the Software (hereinafter referred to collectively as "reserved components"), to any country, natural or legal person, subject to restrictions imposed by Poland, or to any representative of the nationality of any of these countries, regardless of the place of his residence, which intends to transmit or send components reserved back to this country. All rights to use the Software are granted solely on the assumption that they lose power, in the case of breach of the above claims.
10. FINAL PROVISIONS
10.1. The agreements concluded through the Website are concluded in Polish and in according to Polish law.
10.2. Any dispute relating to these Regulations and License Agreement will be resolved under Polish law. These Regulations and License Agreement not subject to arrangements of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby explicitly excluded.
10.3. Any dispute arising between the Service Provider and the User shall be subjected to the court with jurisdiction for the registered office the Service Provider.
10.4. This Regulations constitutes the entire agreement between the Service Provider and the User and supersedes all previous agreements and written or oral statements concerning the matters set out in the Regulations.
10.5. If any provision of the Regulations proves to be invalid in whole or in part, the remaining provisions shall remain in force, the Service Provider and the User agree to at the request of any of them to replace the invalid provisions by provisions which the validity and the economic effect is most similar to the replaced provisions.
10.6. Changing the Regulations: The Service Provider reserves the right to amend the Regulations. The amended regulations applies to the user, if have been preserved requirements specified in Art. 384 and 384  of the Civil Code it is the user has been notified of the changes and do not terminate the agreement in within 10 calendar days from the date of notification.
10.7. In matters not regulated in the Regulations shall apply generally applicable provisions of Polish law, in particular: Civil Code; Act on electronic provision of services of 18 July 2002. (Journal of Laws 2002 No. 144, item. 1204, as amended.); and other relevant laws generally applicable law.