Polaris distribution permissions and end-user license agreement

POLARIS End-User License Agreement

This End User License Agreement is the agreement between DS Software Sp. z o.o. (Producer) and End-User for the use of software with the name POLARIS. You are entering into this Agreement by clicking the Accept icon allowing You to install POLARIS application on your computer. By installing, copying, or otherwise using POLARIS, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use POLARIS.

1. License
POLARIS application and accompanying documentation (Product) is owned by the Producer and is secured by the intellectual property law. End-User, accepting this Agreement, acquires rights to use the Product on the base of non-exclusive, non-transferable license on the basis of conditions of this Agreement. This Agreement is covering all future versions, actualizations and updates of the Product application.
End-User, on the base of this Agreement, obtains following rights and duties concerned the Product:

1.1. Rights to:
a. install the Product on a computer;
b. transfer rights of the Product to another End-User with a condition of uninstalling present copy and informing Producer about the transfer in writing;
c. use all updates of the Product with an exception of those which will need to have additional license.

1.2. End-User has no rights to:
a. copy the the Product except for a reasonable number of machine-readable copies of the the Product for backup or archival.;
b. remove any titles, trademarks or trade names, copyright notices, legends, or other propri¬etary markings on the Software.
c. reverse engineering, decompile, disassemble or take any action providing to re-create source code of the Product;
d. act to break or delete security system of the Product;
e. remove or change Producer or/and the Product logo;

2. the Product updating
Producer has rights to offer special updates or additional futures of the Product which will need additional license.

3. Installation of the Product
End-User accepts that the Product needs a unique activation key and although End-User can use the Product for a trial time described in the Product documentation after that time the application will not work without writing in the unique activation key obtained from Producer.

4. Warranty
the Product was designed for general use and not to meet all particular goals of End-User. Producer recommends performing regular backups of files. Producer warrants that the media, if any, on which the the Product is delivered will be free of defects and that the the Product will substantially conform to the description contained in the applicable end user documentation, in each case for a period of 90 days after the activation date.
In case the Product doesn’t meet this warranty conditions, Producer may decide, whether to repair or exchange the Product or to pay back the purchase price.
End-User is responsible to make backups regularly and save them in proper place. Producer is not responsible for a damage of data base in case of not proper use of the Product, not proper managing of files, computer break down or virus infection.
Producer is not warranting that the Product will fulfill all requirements of End-User, functioning discontinuity or that the application is error free (although Producer took all pains to remove all possible irregularities).
This warranty is the only warranty replacing all others forthright or putative including putative warranties for commercial applications or applicability to any particular goal.

5. Limited liability for damages
Producer has no liability for any damages (including loses in profits, loses of data, connected with breaking of enterprise activity or any other financial loses) being a result of inability of use the Product even when Producer was informed of such a possibility.
In any case a possible refund will be not higher than the purchase price of the Product paid by claiming End-User.

6. Additional stipulations
End-User has right to use the Product for limited and non-limited period of time (life-long) depending on form of purchase. In the limited period of time case after the date of the license validity, the license ends automatically.
Producer is granted to claim for his rights and compensations resulting from this Agreement despite of any delay or failure on Producer’s side and such delays or failures can not be accepted as abandonment of the claims.

7. Final stipulations
This Agreement was written under Poland’s law. The proper court for judging cases resulting from this Agreement is a common court in Warsaw.
This Agreement is the final agreement between End-User and Producer with respect to the Product and (i) replacing all past or existing verbal and/or written messages, offers or statements connected with this License Agreement, (ii) is overriding all any other contradicted or additional conditions of any offer, orders, declarations or any other method of communicates between the sides.
In a case of violation of any stipulation of this Agreement by the End-User this Agreement will be automatically dissolved, and End-User supposes immediately to stop using the Product, uninstall the application and damage all copies of the Product. In this case the stipulations concerned warranties, damages and limitations of liabilities are not expiring.
All questions and claims will be solved through direct contact with Producer. The best way to contact is e-mail: polaris@dssoftware.com.pl

Distributor is granted a non-exclusive license during the term of this Agreement to use and further sublicense the right to use the Product purchased in accordance with this Agreement. Distributor agrees that the Products delivered under this Agreement are only for such use, and that despite any use of the terms “purchase” and “sale” in connection with the Product, it shall not be sold nor shall title thereto be transferred to Distributor. Supplier shall retain all ownership right, title and interest in the Products furnished to Distributor pursuant to this Agreement. Except as separately agreed to by Supplier, Distributor may not modify in any way, copy or otherwise reproduce in any form, any computer files (including manuals and other supplied documentation) supplied with the Product or purchased hereunder. Distributor will comply with the policies and requirements of Supplier in effect from time to time with respect to (i) the licensing by Supplier of its proprietary, protected or confidential material and information and (ii) any Products which are subject to one or more license agreements between Supplier and third parties.

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