General End User License Agreement (EULA) for Visual PHP™

1. Basic Provisions and Definition of Terms

1.1. Within the meaning of Czech Act No. 121/2000 Sb., on copyrights, rights related to copyrights and amendments to some acts (the Copyright Act), all rights to the Visual PHP™ computer software, databases used in conjunction with it as well as other components (hereinafter referred to as the Product) belong to E-VISION International, s.r.o., company registration No. 28270533, with its registered seat at Příkop 843/4, Brno 1, postal code 602 00 (hereinafter referred to as the Provider). The Provider hereby declares it is entitled to provide authorization for exercising the right to use the Product to third parties (hereinafter referred to as the Licensee) within the scope specified in this Product’s license agreement.

1.2. The Licensee agrees, when exercising its right to use the Product, to observe and protect the rights within the meaning of Act No. 121/2002 Sb., on copyrights, rights related to copyrights and amendments to some acts, as well as other intellectual property rights related to the Product or its use and to protect the Provider’s business secrets (namely the ideas and principles establishing the functioning of the individual parts of the Product).

1.3. The Demo Version means a Product with limited functionalities that may not be used for commercial purposes.

1.4. The Trial Version refers to a Product with a time-limited functionality that may not be used for commercial purposes.

1.5. The Remuneration is the price of the Product license according to the Provider’s valid price list.

1.6. The Innovation or the Upgrade means a transfer to a newer (higher) version of the same, similar or more extensive product.

1.7. The License refers to the transfer of limited property rights to the Licensee to use the Product.

1.8. The Server is a serviceless program running in a computer permanently connected to a computer network, offering service to other computers.

2. License Provision and Scope

2.1. The Provider provides the Licensee a hardware key for an indefinite period of time under the license agreement. The License entitles the Licensee to use the Product (both in the recent and any older versions) using the Developer License that was provided with the License. The Licensee is entitled to use the Product in the version which was available when the License was obtained. Unless agreed upon otherwise, the license period begins on the date the Remuneration for the License was paid for. The License is not exclusive and transferable, and neither is the hardware key.

2.2. Under the license agreement, the Provider shall provide to the Licensee an Update License for a definite period of time (the period is specified in the Provider’s valid price list). This license entitles the Licensee to use a newer version of the Product throughout the entire period. After the lapse of the period, the Update License ceases to exist and the Licensee loses the right to use any newer version of the product than that released at the time of the Update License’s validity. The first Update License is released for free; Remuneration according to the Provider’s valid price list is set for any other Update License. Unless agreed upon otherwise, the license agreement begins on the date the Remuneration for the license has been paid for. The license is non-exclusive and cannot be transferred.

2.3. By paying for or using the software, the Licensee agrees with the EULA terms. If the Licensee does not agree, it shall refrain from any use, copying and installing of the Product.

2.4. The Licensee is entitled to provide an end product created with Visual PHP™ only if it owns a valid license.

2.5. The Licensee may not modify or analyze the Product, perform reverse engineering or interfere with the Product in any other way, or adjust it for a different use than that provided for in the license agreement. The Licensee may not sell, lease, lend, or copy the Product or the hardware key or make them otherwise available to third parties, not even for partial use. The above is subject to the Provider’s prior written consent. The Provider may withdraw the consent without reason.

2.6. The EULA refers to updates, accessories, additional components or parts of the Product’s Internet services that the Provider may provide or make available to the Licensee after the date the first Product copy was obtained, unless subject to special terms. The Provider reserves the right to terminate Internet services that are provided or made accessible to the Licensee by use of the Product.

2.7. If the Licensee wishes to use the Product labeled Innovation (Upgrade), it shall hold a license for a Product labeled by the Provider as an Innovation suitable Product.

2.8. The Licensee may not copy the documentation supplied with the Product or use it or any parts thereof in its publicly available materials without Provider’s previous written consent.

2.9. At Provider’s request, the Licensee shall provide a list of Product users and a list of all computers onto which the Product is installed or issue a declaration that the Product is used in compliance with the EULA terms.

2.10. The Licensee shall inform the Provider herewith of any changes in the contact and company details, including the e-mail address.

2.11. By breaching any of the above, the Licensee shall lose their rights resulting from this license agreement. The Provider is entitled to impose a contractual fine on the Licensee for any unauthorized letting of the Product to a third party; the contractual fine shall amount to the Remuneration for the License. The obligation to pay the contractual fine shall be without prejudice to damages due to a breach of the license agreement. The contractual fine is payable within 10 days after a notice has been delivered to the Licensee’s registered office that is registered in the Commercial Register as of the date of the contractual fine, or to the Licensee’s home address. The contractual fine notice shall be sent by registered mail. The contractual fine notice is deemed to be delivered on the third day after it has been provably sent.

3. Provider’s Guarantee and Liability Provisions

3.1. The Licensee acknowledges that the Software Application is an application that is being continuously developed and upgraded by the Provider and it is not a final software product in terms of the absence of all defects or inaccuracies. With the respect to the aforementioned, the Provider provides the Licensee with the right to use the Software Application subject to the condition in which it is provided to the user, with any and all existing defects and without any guarantee as to its contents, completeness, quality, accuracy, effectiveness, reliability, suitability for an intended purpose, usefulness and results and to which the user consents and shall use the Software Application at its own risk.

3.2. The Product is designed and offered as a general purpose product and is not intended for any Licensee’s specific purpose whatsoever. The Licensee agrees that no product is flawless and the Provider strongly recommends data back-up.

3.3. Any and all data included in the Database shall be used solely for informative purposes. The Provider declares that any information contained in the Database have been obtained with the Provider’s due diligence from resources that are deemed to be reliable and accurate, however, the Provider shall not be liable for their accuracy and possible damage caused by their use.

3.4. The Provider shall not be liable for direct or indirect damages caused by improper installation, improper use, accident or Product abuse, including any damages and costs related to the loss of profit, goodwill, data or computer programs. Improper use under this provision means any act or omission contrary to the license agreement, instructions, recommendations or user manual of the Provider or other manufacturers and distributors (e.g. tangible data carriers).

3.5. The Provider shall guarantee that the data carrier (if relevant) on which the Product is supplied does not show any defects in material, defects due to workmanship or defects in its contents for a period of 90 days from the date of delivery to the Licensee, provided it is used in a standard manner. The Licensee is entitled to return the data carrier within this period of time and the data carrier shall be replaced for free.

3.6. The Provider shall also guarantee that the hardware key supplied with the Product does not show any defects in material, due to workmanship or in its content for a period of 2 years from the date of its delivery to the Licensee, provided it is used in a standard manner. The Licensee may return the hardware key to the Provider within this period of time and it shall be replaced for free. After lapse of the warranty period, any new keys shall be subject to a charge.

4. Confidential Information

4.1. When entering into a license agreement, the Licensee can obtain access to information labeled confidential by the Provider. The Licensee shall prevent abuse of the confidential information by its employees or any third party contracted by the Licensee. The same shall apply to the Provider if the Licensee indicates that any of the information it made accessible was confidential.

4.2. The Provider reserves the right to use the Licensee’s contact data for sending information relevant to a full use of Provider’s products and services. Every Licensee is entitled to reject receiving such information from the Provider by sending its disapproval to moc moc.php-lausiv@troppus

5. Final Provisions

5.1. The EULA is an integral part of the use of the Product.

5.2. The Licensee shall adopt such measures so that the Licensee, its employees and any contracted third parties (system users) are not in breach of any of the EULA’s provisions. In the event of a proved breach of the obligations, the Provider can terminate the EULA without restricting any other rights and the Licensee immediately loses their license and any other support, including any updates.

5.3. If the Licensee is not in breach of any provision hereof, they are entitled to obtain further paid-for support and updates.

5.4. Visual PHP™ is protected by copyright and any breach or abuse thereof shall be subject to the Copyright Act No. 121/2000 Sb.


© E-VISION International, s.r.o. 2009, all rights reserved.