This License Agreement was originally written in Polish. This is its English translation. In case of any inconsistency between this Agreement and its translation, the Polish language version is valid.
MasXLs - the company MasXLs represented by Wojciech Masłoń (correspondence and firm address: ul. Puchalskiego 3/2, 32-500 Chrzanów, Małopolska, Poland); NIP: 6282138881; REGON: 123010084; e-mail adress: firstname.lastname@example.org, phone: (+48) 660 596 558;
You – a person with full or limited legal capacity, legal person or an organizational unit without legal personality, making use of the services provided by the MasXLs or concluding this License Agreement with the MasXLs.
License - This License Agreement for Software and services, which is legal document between You and the MasXLs.
Software - Products in form of computer files available on the MasXLs website (www.masxls.com), being the subject of this License, including registry information, such as the Product’s unique activation key, connected to Your account as a You, Documentation, computer files as a form of examples. Through Software You should also understand any updates, modifications, additions, and copies.
Software Freeware – version of Software available on the MasXLs website (www.masxls.com), subject of the License granted for free of charges.
Software Demo – version of Software provided by the MasXLs at the stage of evaluation of Software and/or demonstration limited in time (Trial) or functionally (Shareware) containing the information that it is time to purchase Software. Details and scope of restrictions are included on the product’s website the MasXLs (www.masxls.com).
Documentation - printed materials, "Online" files or documentation in form of a text or PDF file, as well as any materials available on Software containing information or providing instructions (e.g. a dialog box with help instructions).
Account - marked with an individual name (e-mail address), protected by a password given You by the MasXLs, collection of resources on the MasXLs website (www.masxls.com), in which the data are being gathered and stored for You. Access to it and resource management by the You is implemented in the website mentioned above. Possession of Account(s) is necessary in order to use the commercial version of Software.
Device – work station, computer, electronic device meeting technical requirements referred to the Documentation accompanying Software
Using, use - means installing, downloading, copying, saving, or any other form of commercial gain by using the functionality of Software in accordance with the Documentation attached to it.
A. General License Terms
§1. Grant of License
1. The subject of this License is granting the You a non-exclusive and non-transferable license by the MasXLs to use copies of Software.
2. By installing, copying, downloading from a computer network, accessing or other use of Software, You agree with terms of this License.
3. If the MasXLs doesn’t specify different terms, License is valid for an indefinite period.
4. The License is granted payable except for Software Freeware and Software Demo.
5. During the course of this License, You may use Software only for one bench.
6. It is forbidden to distribute, redistribute, sublicense, sell or transfer rights to Software to a third party.
7. The MasXLs reserves all rights to the source code of Software.
8. Software has been developed entirely at private expense and is a commercial computer Software with proprietary notices.
9. The current version of Software can be downloaded from the MasXLs website (www.masxls.com).
§2. Reverse Engineering
1. You agree that he will take neither personally nor through third parties, any activities designed to: reverse engineering of Software as well as tampering with it.
2. It is forbidden to play, decompile, or disassemble Software, except when – regardless of this limitation - it is expressly permitted by applicable law and only to the extent such authorization.
3. If You come into possession of information containing trade secrets of the MasXLs, they undertake not to disclose this information, directly or indirectly, until the trade secrets cease to be confidential.
4. If necessary, the MasXLs has the right to submit conditions for the information mentioned above and to demand a payment for it before it is to be transmitted.
5. All information provided by the MasXLs or downloaded by You, as permitted by this License, may only be used by them for the purpose described here and might not be disclosed to the third parties or used for creation of software, which will be functionally or graphically similar to Software.
6. Requests for information in due to above should be sent using the following e-mail address: email@example.com or contact form available on our website www.masxls.com/t/ontactus.
§3. Other duties
1. You may install, use, copy (except for the second point of this paragraph), display, adapt to their own needs or otherwise interact with Software in accordance with its intended purpose and/or the attached Documentation.
2. You are allowed to make only one backup and/or archival copy of Software, provided that the backup and the archive are not installed or used on any other bench and moreover, that all copies are labeled and have unmodified copyright, patent and other intellectual property markings that appear on or in Software. You may not transfer the rights to a backup or archive.
3. Use of Software is limited to non-commercial personal purposes only.
4. It is forbidden to rent, lease, sublicense, distribute or otherwise transfer the whole or any part of Software to third parties, without approval or authorization by the MasXLs.
5. It is forbidden to modify, transmit, translate, lease, rent, loan, sell, transfer a donation or to create derivative works based on Software or part of it. You must not give away Software to another person, legal person or any other entity, without the consent of the MasXLs.
6. It is forbidden to copy Software, except for the conditions specified in § 2 above. Any copies that You are permitted under this License are covered by the same copyright, patents and any other intellectual property markings that appear on or in Software.
7. You must not, directly or indirectly, burden and give pledge or surety for Software.
8. You agree not to take any action resulting in the emergence of Software at a public domain or in any computer environment that is not specified in this License.
9. You agree that You are solely responsible for the accuracy and adequacy of Software for the intended use.
10. Software is not intended for using in situations when it can be reasonably expected that the improper use of Software or its failure could lead to death, personal injury or severe physical or environmental damage. Such use by You is entirely at Your own risk and You agree to hold the MasXLs against any claims or losses due to unauthorized access (if such occurs).
11. You agree that You will not remove, blur or prevent receipt, nor change the content of informational messages about intellectual property rights and other rights of the MasXLs.
12. The MasXLs reserves the right to cancel the distribution allowed by point 1 at any time, for any reason or for no reason.
B. Copyrights and Intellectual Property
1. Software and its copies are owned by the MasXLs protected by copyright, international treaties on copyright law and by other international agreements on protection of intellectual property rights and applicable laws in the country in which it is utilized. The structure, organization and source code of Software are trade secrets and confidential information of the MasXLs.
2. License is does not entitle to proprietary rights and does not constitute any legal basis for the sale of Software as well as for the claim of any rights to it.
3. The use of the unique features in a program or other application is a violation of copyright. No part of Software can be reproduced or stored in recovered systems as well as transmitted in any form or by any sense (electronically, mechanically, photographically, as a copy, as a record, or otherwise) without the prior permission from the MasXLs.
4. The MasXLs retains ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights related to Software. Ownership rights of the MasXLs extend to graphics, photographs, animations, video, audio, music, text and "applet" incorporated into Software and all accompanying printed materials.
5. Software is licensed as a whole. This License does not allow You to use any rights associated with trademarks and service marks the MasXLs. Software contains trade secrets and to protect them, You agrees to respect them.
6. You agree not to take any action that may adversely affect the rights of intellectual property of the MasXLs Software.
7. Trademarks including the MasXLs trademarks will be used in accordance with accepted trademark practice, including identification of trademark owners’ name.
8. Trademarks can only be used to identify printed output produced by Software and such a use of any trademark does not give You any rights to ownership of this trademark.
9. The ownership of titles and graphic material contained in Software does not transfer to You. Title to ownership of all copies of Software and copies made by You is retained by the MasXLs, except for the use of rights granted by this License.
10. All documents, files, style sheets, results and prints generated or created by You using Software in accordance with the Documentation supplied with Software and the terms of this License are the property of You.
11. All rights being not expressly granted by the License are reserved by the MasXLs.
12. Only the MasXLs employee or other person designated by the MasXLs is authorized to make any changes to the code of Software.
C. Versions Demo and Freeware of Software. Additional Terms and Conditions
1. If Software has been adopted with this License in versions of Software Demo or Freeware, apply the conditions below.
2. The terms of this section, remain upheld until purchase of License excluding Software Demo and Freeware.
3. You have the right to perform any number of copies of Software Demo and Freeware.
4. It is not necessary to own an Account in order to use Software Demo or Freeware.
5. The use of Software Demo or Freeware is limited to non-commercial personal purposes only.
6. Any discrepancies between the terms of Software and Software Freeware or Demo, shall be resolved under the conditions described in the following section.
7. Software Demo and Freeware are demo versions, which may contain errors and they are not the final versions of the MasXLs.
8. The errors mentioned above may provide system failures or other adverse effects, including losses of data. Therefore, You agree to take Software Demo and Freeware "as they are" without warranty to use them.
9. If Software Demo and/or Freeware include a timeout function (time limit), Software ceases to work after the end of the designated trial period. After expiry of the trial period, the license will also expire, unless differently agreed.
10. The use of files created by Software Demo and/or Freeware is entirely at Your own risk.
11. The use of Software Demo and/or Freeware as well as any other product associated with Software Demo and/or Freeware is solely at Your own risk.
12. Should You have either an unpublished version of Software Demo and/or Freeware or published by the MasXLs commercial version of Software as a whole or part of the product, You agree to return or delete all previous versions of Software Demo and/or Freeware, which have been collected or received in a different way from the MasXLs. You must also comply with the terms of the License agreement attached to any subsequent version of Software Demo and/or Freeware.
§1. Warranty Terms
1. The MasXLs warrants to You ("Warranty"), who acquired a license to use Software in accordance with the terms of this License. Warranty covers:
a. The functioning of Software in accordance with the Documentation supplied for a period of thirty (30) days from the date of acquisition (i.e., the invoice date);
b. Implementation of technical support services provided by the MasXLs.
2. The MasXLs strives to develop and upgrade Software, to its best knowledge and experience.
3. The MasXLs is not responsible in any sense to You or third parties for consequences, including damages, related to the use or inability to use of Software.
4. The MasXLs gives no warranty, expressly or implied, as to the quality of Software, its functionality or fulfilling purposes, which You might expect.
5. The MasXLs guarantees the proper functioning of Software in compliance with the attached Documentary as well as with the Polish law.
6. This warranty is valid for an indefinite period.
7. Warranty does not cover activities of computing systems used by the functionality of Software.
8. To the full extent permitted by law, the MasXLs excludes all conditions and warranties set out in statutes, by operation of law or otherwise, that are not expressly provided in this License.
9. Software is intended for the use "as it is" without warranty of any kind, either expressed or implied.
10. The MasXLs does not guarantee a satisfactory performance and optimal results, which can be possibly obtained through Software. The MasXLs does not guarantee or warrant as well as makes no representations regarding the use or the results of use of Software in terms of its correctness, accuracy, reliability, timeliness etc. The entire risk of using Software bears You.
11. The MasXLs gives no expressed or implied warranties or conditions, including, without limitation, warranties of Software’s merchantability or fitness for a particular purpose.
12. This Warranty is void if failure of Software has resulted from an accident, abuse, misuse, Trojan horse, or other malicious external code or if digital signature marked by the MasXLs is missing.
13. The conditions set out in this section do not apply to Demo and/or Freeware Software.
1. The MasXLs is not being held liable for any consequences resulting from the using of Software on a faulty hardware or in conditions unsuitable for the computer, improper installation, improper operation of the program, misinterpretation of results, ignorance of the law and interference with Software.
2. The MasXLs does not guarantee a satisfactory performance and results that can be possibly obtained through Software.
3. The MasXLs is not responsible for data being processed when using the program.
4. In any case, the MasXLs is not responsible for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of profits, business interruption and loss of business information or computer programs), even if the MasXLs or any of its representatives have been advised on the possibility of such damages.
5. In any case, the total liability of the MasXLs due to any position of this Agreement is limited to the amount actually paid for Software product.
§3. Technical support
1. The MasXLs chooses an appropriate form of technical assistance it provides due to the use of Software. The company does not guarantee a solution of any technical problem that appears when using Software.
2. Alternatively, each additional or new Software components provided while technical assistance to You are an integral part of Software and become subject to the terms of this License.
3. Should You encounter any errors associated with functioning of Software or its user guide You are kindly asked to send an e-mail describing the error on the following e-mail address: firstname.lastname@example.org.
E. Activation Software
1. Software is protected against its unlicensed use.
2. By acquiring the License, You receive an activation key to Software via e-mail. The activation key is also available on the MasXLs website, in the Account “Product Downloads".
3. The activation key is unique and closely related to Account.
4. Activating Software takes place after confirmation of properly entered data: e-mail address (associated with the Account) and activation key code.
5. Activation is based on the exchange of license related data between the PC and Software.
6. You agree to use the MasXLs in the way described above and to comply with all applicable requirements.
1. Breach by the You of even one of the conditions of this License results automatically in termination of the contract.
2. If You do not agree to abide the conditions of this License, You are not authorized to install and/or use Software.
3. You may terminate the License at any time by removing Software and all its copies.
4. Upon termination of this License, You must immediately delete Software as well as all its copies.
5. Activities involving licensed solution can not violate the conditions of this License. Termination may not violate any rights of the MasXLs, which are the contents of this License.
6. Regardless of any other rights, the MasXLs has the right to terminate this License at any time, especially, if You do not comply with its conditions. Moreover, an agreement authorizing the use of previous versions of Software that have been upgraded or updated is to be terminated automatically after the adoption of the terms of the agreement accompanying such an upgrade or update.
7. Upon termination, You agree to cease using Software, remove any copies in Your possession or under Your control and to take other actions requested by the MasXLs to ensure that You do not possess or control any copies of Software.
8. Upon termination of this License, the conditions set out in Section A, § 1, § 3, and the whole section B remain upheld.
G. Final Terms
1. All rights to Software of any kind, which are not expressly granted in this Agreement are entirely and exclusively reserved to and by the MasXLs.
2. The content of this License is not intended and is not to be understood as an attempt of excluding or modifying any statutory rights, warranties or conditions, under national legislation or other state apprenticeship or other consumer legislation. If permitted by law, the responsibility of the MasXLs for breach of this Warranty or its conditions is exclusively confined to the supply of Software covered by this License. The MasXLs at its sole discretion may determine the conditions necessary to correct the above-mentioned violations.
3. This License is to be governed by the Polish law, and You agree on Polish jurisdiction and venue.
4. This License constitutes the entire agreement between the parties of this License due to the subject of the License and supersedes all prior licenses and/or agreements (concluded orally or in writing).
5. Failure or delay in executing by the MasXLs of any right or position of this License must not be deemed a waiver of such right or position due to this position or any subsequent breach.
6. Should any position of this License be held by a court of competent jurisdiction for contrary to law, it is to be enforced to the maximum extent permissible and the remaining positions of this License stay upheld.
8. The MasXLs reserves the right to change the content of the License. Any change in the License is valid since the date of publication on the MasXLs’s website. Licenses placed before the date of concluding the valid and up to date version of the License are to be realized under the previously valid conditions.
9. The MasXLs has a right to periodically make changes in this License. The introduction of major changes in the way of using information about You is to be advertised by sending an e-mail to the primary e-mail address given on the Account or by placing the information on the main the MasXLs website.
Date of the last update: 1 January 2014