PLEASE READ CAREFULLY BEFORE ACCESSING ANY SOFTWARE FROM
THIS WEBSITE:
This end-user license agreement (License) is a legal
agreement between you (Licensee or you) and Codasip s.r.o.
of Technická 2935/23, Královo Pole, 616 00 Brno, Czechia
(Licensor, us or we) for:
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Codasip Studio in the Cloud computer software (Software);
and
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any accompanying printed materials or online electronic
documents (Documents).
You must agree to all of the terms of this License in order
to use the Software or Documents. This License Agreement
does not constitute a sale or any transfer of ownership of
the Software or Documents to you. We remain the owners of
the Software and Documents at all times.
IMPORTANT NOTICE TO ALL USERS:
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BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO
(AND/OR BY ACCESSING THE SOFTWARE AND/OR MATERIALS YOU ARE
DEEMED TO HAVE AGREED TO) THE TERMS OF OUR PRIVACY POLICY
(https://codasip.com/privacy-policy/)
AND THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS
LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY
IN CONDITION 4 AND
CONDITION 5. THIS LICENSE TAKES EFFECT ON
THE EARLIER OF: (I) THE DATE WHEN YOU CLICK "ACCEPT"
BUTTON BELOW; AND (II) THE DATE WHEN YOU FIRST ACCESS THE
SOFTWARE AND/OR MATERIALS.
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IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST
CLICK ON THE “REJECT” BUTTON BELOW AND YOU MAY NOT ACCESS
THIS SOFTWARE OR DOCUMENTS.
”REJECT” BUTTON
”ACCEPT” BUTTON
1. GRANT AND SCOPE OF LICENCE
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1.1 We grant to you a personal, limited, revocable,
non-exclusive, non-transferable license, without the right
to sub-license, to use the Software and the Documents on
the terms of this License.
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Subject to your compliance with the terms of this License,
you may:
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(a) access and use the Software subject to the
restrictions herein for non-commercial research and/or
non-commercial educational purposes at a university or
other higher education institution only; and
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(b) use any Documents in support of the use permitted
by 1.2(a).
Except as expressly set forth herein, no other rights or
licenses are granted to you (whether express or implied).
No licenses are granted to third party software.
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1.3 The License granted to you under Clause 1.1 shall be
remain valid until we have informed you otherwise or until
the login credentials you must use to access the Software
and Documentation have either expired or been revoked.
2. RESTRICTIONS
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2.1 Except as expressly set out in this License or as
permitted by any local law, you undertake:
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(a) not to use the Software or the Documents in a way
prohibited by law, regulation, governmental order, or
decree;
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(b) not to violate the rights of third parties or to
put our intellectual property rights at risk;
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(c) not to try to gain unauthorized access to or
disrupt any service, device, data, account, or network
related to the Software or otherwise to us or to in
any way harm or impair us or anyone else's use of the
Software or the Documents;
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(d) not to copy the Software or Documents or any part
thereof except where such copying is incidental (if at
all) to the technical access for normal use of the
Software in the form as permitted in this License;
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(e) not to rent, lease, sub-license, loan, or
otherwise distribute or enable access to third
parties, translate, merge, adapt, vary or modify the
Software or Documents, or any part thereof;
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(f) not to make alterations to, or modifications of,
the whole or any part of the Software or the
Documents, nor permit the Software or any part of it
to be combined with, or become incorporated in, any
other programs;
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(g) not to disassemble, decompile, reverse-engineer or
create derivative works based on the whole or any part
of the Software nor attempt to do any such thing
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(h) not to obtain unauthorized access to, or interfere
by any means with, any user, system, network, service,
or account, including evasion of filters or breach of
the security or integrity of any network or system;
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(i) to supervise and control use of the Software and
ensure that the Software is used in accordance with
the terms of this License;
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(j) not to provide or otherwise make available the
Software and/or the Documents in whole or in part
(including but not limited to program listings, object
and source program listings, object code and source
code), in any form to any person without prior written
consent from us; and
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(k) to comply with all applicable technology control
or export laws and regulations.
For the avoidance of doubt, the restrictions above
prohibit any circulation or transmission of any academic
or research paper making any reference whatsoever to the
Software, the Documentation or any information relating to
or contained therein, without the express written
authorization of Codasip s.r..o.
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2.2 You are responsible for compliance with this License
and use of the Software and Documents conducted under your
account.
3. INTELLECTUAL PROPERTY RIGHTS
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3.1 You acknowledge that, as between you and us, all
intellectual property rights in the Software and the
Documents anywhere in the world belong to us, that rights
in the Software are licensed (not sold or otherwise
transferred) to you only under the terms of the License,
and that you have no rights in, or to, the Software or the
Documents other than the right to use them in accordance
with the terms of this License.
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3.2 You acknowledge that you have no right to have access
to the Software in source code form.
4. LIMITED WARRANTY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE MANDATORY
LAWS, THE SOFTWARE AND THE DOCUMENTS ARE PROVIDED ON AN "AS
IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS
GIVEN. YOUR USE OF THE SOFTWARE AND THE DOCUMENTS IS AT YOUR
SOLE RISK. In particular, we do not warrant that (i) the
Software and/or the Documents will meet your specific
requirements or is fit for a particular purpose; (ii) the
Software is fully compatible with any particular platform;
(iii) your use of the Software will be uninterrupted,
timely, secure, or error-free; (iv) the results that may be
obtained from the use of the Software will be accurate or
reliable; (v) the quality of any products, services,
information, or other material purchased or obtained by you
through the Software or the Documents will meet your
expectations; (vi) the Software and/or the Documents would
be error-free or that any errors in the Software or the
Documents will be corrected; (vii) your use of the Software
will not result in any loss of data; or (viii) your use of
the Software and/or the Documents will not infringe any
third party rights.
5. LIMITATION OF LIABILITY
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5.1 You acknowledge that the Software has not been
developed to meet your individual requirements, including
any particular cybersecurity requirements you might be
subject to under law or otherwise, and that it is
therefore your responsibility to ensure that the
facilities and functions of the Software as described in
the Documents meet your requirements.
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5.2 We only supply the Software and Documents for the
purpose set out in Condition 1.2, and you agree not to use
the Software or Documents for any other purposes,
including any commercial activities.
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5.3 To the fullest extent not prohibited under applicable
mandatory law, we shall not in any circumstances whatever
be liable to you for any loss or damage arising under, or
in connection with this License, whether in contract, tort
(including negligence), breach of statutory duty, or
otherwise. Further, to the extent not prohibited by law,
in no event shall we be liable for personal injury or for
incidental, indirect, special, or consequential damages
whatsoever (including, without limitation, loss of
profits, loss of data, loss of goodwill, business
interruption, or any other commercial damages or losses)
arising out of or related to the Software and/or the
Documents or your use thereof, regardless of the theory of
liability and whether or not we have been advised of the
possibility of such damages. You expressly accept and
agree the aforesaid to the extent any claim exists or
arises in relation to this License (including, without
limitation, the provision of the Software or the
Documents).
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5.6 This License sets out the full extent of our
obligations and liabilities in respect of the supply of
the Software and Documents. Except as expressly stated in
this License, there are no conditions, warranties,
representations or other terms, express or implied, that
are binding on us. Any condition, warranty, representation
or other term concerning the supply of the Software and
Documents which might otherwise be implied into, or
incorporated in, this License whether by statute, common
law or otherwise, is excluded to the fullest extent
permitted by law.
6. TERMINATION
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6.1 We reserve the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the
Software and/or the Documents (or any part thereof and/or
your access thereto) or to cancel the License with or
without notice. The License will also terminate
automatically with immediate effect if you fail to comply
with any term of the License. We shall not be liable to
you or to any third-party for any modification, suspension
or discontinuance of the Software, Documents, and/or the
License.
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6.2 On termination for any reason:
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(a) all rights granted to you under this License shall
cease with immediate effect;
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(b) you must immediately cease all activities
authorized by this License (including, without
limitation, accessing the Software); and
- (c) we have no obligations towards you.
7. COMMUNICATIONS BETWEEN US
7.1 We may update the terms of this License at any time on
notice to you in accordance with this Condition 7. Your
continued use of the Software and Documents following the
deemed receipt and service of the notice under Condition 7.3
shall constitute your acceptance to the terms of this
License, as varied. If you do not wish to accept the terms
of the License (as varied) you must immediately stop using
and accessing the Software and Document on the deemed
receipt and service of the notice.
7.2 If we have to contact you, we will do so by email to the
address you provided in accordance with your registration of
the Software.
7.3 Note that any notice:
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(a) given by us to you will be deemed received and
properly served 24 hours after it is first posted on our
website or 24 hours after an email is sent; and
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(b) given by you to us will be deemed deceived and
properly served 24 hours after an email is sent.
7.4 In proving the service of any notice, it will be
sufficient to prove, in the case of posting on our website,
that the website was generally accessible to the public for
a period of 24 hours after the first posting of the notice;
and, in the case of an email, that such email was sent to
the email address of the recipient given for these purposes.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
8.1 Under data protection legislation, we are required to
provide you with certain information about who we are, how
we process the personal data of those individuals who use
the Software and the Documents and for what purposes and
those individuals' rights in relation to their personal data
and how to exercise them. This information is provided in
https://codasip.com/privacy-policy/ and it is important that
you read that information.
9. OTHER IMPORTANT TERMS
9.1 We may transfer this License and/or our rights and
obligations under this License to another organization
9.2 You may only transfer your rights or your obligations
under this License to another person if we agree in writing
prior to such transfer.
9.3 This License and any document expressly referred to in
it constitutes the entire agreement between us and
supersedes and extinguishes all previous agreements,
promises, assurances, warranties, representations and
understandings between us, whether written or oral, relating
to its subject matter. You agree that you shall have no
remedies in respect of any statement, representation,
assurance or warranty (whether made innocently or
negligently) that is not set out in this License or any
document expressly referred to in it. You agree that you
shall have no claim for innocent or negligent
misrepresentation or negligent misstatement based on any
statement in this License or any document expressly referred
to in it.
9.4 If we fail to insist that you perform any of your
obligations under this License, or if we do not enforce our
rights against you, or if we delay in doing so, that will
not mean that we have waived our rights against you and will
not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only
do so in writing signed by us, and that will not mean that
we will automatically waive any later default by you.
9.5 Each of the conditions of this License operates
separately. If any court or competent authority decides that
any of them are unlawful or unenforceable, the remaining
conditions will remain in full force and effect.
9.6 This License, its subject matter and its formation (and
any non-contractual disputes or claims) are governed by
English law. We both irrevocably agree to the exclusive
jurisdiction of the courts of England and Wales.