VobcoCharts Software License Agreement

IMPORTANT – PLEASE READ CAREFULLY: This Software License Agreement ("License" or ''Agreement") is legal agreement between you, either an individual or a single entity (later referred as "You" or "Your") and Vobco d.o.o. (Zagrebacka 61/IV, 42000 Varazdin, Croatia, OIB: 57527541406) and its affiliates and resellers (later referred as "Vobco d.o.o.", "we", "our" or "us") that governs your use of the VobcoCharts software, together with any source code, demos, intermediate files, media, printed materials and "online" or electronic documentation (collectively, "the Software" or "the Software product"). The Software product also includes any updates and supplements to the original Software product, as well as any services, including but not limited to mail, phone and ticket support and professional install/upgrade, that may be provided to you by Vobco d.o.o. (collectively, "the Services"). This Agreement shall apply only to the Software product regardless of whether other software is referred to or described herein. This Agreement does not supersede any other written agreement between you and Vobco d.o.o.

BY PURCHASING, INSTALLING, COPYING, DOWNLOADING OR OTHERWISE USING ALL OR ANY PORTIION OF THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY PART OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS, COPY, USE, EVALUATE OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT. THIS AGREEMENT IS ENFORCABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.

1. Software Product License

Subject to the terms and conditions of this Agreement and upon yours full payment of the applicable fees, Vobco d.o.o. hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the Software only as authorized below. This License will be registered in the licensee's name, and is effective until terminated as provided below. You may terminate this License by destroying the Software and any copies of the Software in your possession. This License will terminate automatically upon any violation of its terms by you.

This is a license agreement and not an agreement for sale. Vobco d.o.o. continues to own the copyright of the Software product. Your rights to the Software product are specified in this Agreement, and Vobco d.o.o. retains all rights not expressly granted to you in this Agreement. This software is protected by copyright laws and international treaty provisions. Except for the rights expressly granted in this Agreement, this License transfers to you no right, tide, or interest in the Software product, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right in the Software product. Vobco d.o.o. retains sole and exclusive title to all portions of the Software product and any copies thereof. You agree not to disclose the Software product to anyone.

2. TRIAL version

If the Software product you have obtained is marked as "TRIAL" or "EVALUATION", Vobco d.o.o. hereby grants to you and you hereby accept a License for evaluation purposes only.

  • You are authorized to install, copy and use the Trial version of Software product for sole purpose of testing its functionality and performance in demonstrations, design time evaluations and running a product tour.
  • You are not allowed to integrate it in end products or use it for any commercial or production purposes.
  • You are not allowed to use the Trial version for any application deployment or production purposes.
  • You agree to not remove, obscure, or alter the messages from Trial version of the Software product.
  • The trial versions of Software may have limited features and evaluation messages at the top of each chart. It may also contain links to the Software product website.
  • Vobco d.o.o. does not have responsibility to provide any technical or any other support and Software product updates to the users of the Trial version of the Software product.

3. FREE version

If the Software product you have obtained is marked as "FREE", Vobco d.o.o. hereby grants to you and you hereby accept a License for non-commercial purposes only.

  • You are authorized to install, copy and use the Free version of Software product as part of a non-profit organizations, educational institutions and non-commercial personal websites or applications.
  • You are required to acknowledge usage of free version of the Software product in your website or application. Format, formulation and placement of acknowledgement is arbitrary, as long as it mentions Software product and links to Software product web site.
  • Vobco d.o.o. does not have responsibility to provide any technical or any other support and Software product updates to the users of the Free version of the Software product.

4. SINGLE WEBSITE version

If the Software product you have obtained is marked as "SINGLE WEBSITE", Vobco d.o.o. hereby grants to you and you hereby accept a License to install and use in only one commercial website, owned and operated by you, and that is not considered a web application. Web application is a website that has customer specific data or charges for its use.

  • You are authorized to install, copy and use the Single website version of Software product at any number of servers, virtual servers, web farms and in the cloud without additional licenses as long as they belong to a single hosted website.
  • The website may have one main domain and any number of additional domain aliases that point to the same content as the main domain.
  • Different language versions of the website that are created using the built-in multi-lingual support are all considered as the same website.
  • Mobile version of your site within the same content tree as your main site is also considered as the same website.
  • You will receive minor and major updates for the Software product and have access to Software product support during the subscription period.

5. MULTIPLE WEBSITE version

If the Software product you have obtained is marked as "MULTIPLE WEBSITE", Vobco d.o.o. hereby grants to you and you hereby accept a License to install and use in unlimited number of commercial websites, owned and operated by you, and that no one of them is considered a web application. Web application is a website that has customer specific data or charges for its use.

  • You are authorized to install, copy and use the Multiple website version of Software product at any number of servers, virtual servers, web farms and in the cloud without additional licenses as long as they belong to hosted websites.
  • You will receive minor and major updates for the Software product and have access to Software product support during the subscription period.

6. SAAS version

If the Software product you have obtained is marked as "SAAS", Vobco d.o.o. hereby grants to you and you hereby accept a License to install and use the Software product for unlimited number of websites and website applications owned and operated by you.

  • You will receive minor and major updates for the Software product and have access to Software product support during the subscription period.

7. Permitted Uses

This Agreement grants you a limited, non-transferable, perpetual and non-exclusive right to the following:

  • Use the software according to acquired version license.
  • Use on any number of test and development servers owned or leased by you.
  • Use by any number of employed or contractual developers located anywhere in the world for development and testing purpose, working within your physical infrastructure.
  • Make copies of the software for backup purposes.

8. Prohibited Uses

You may not reverse engineer, decompile, or disassemble the Software product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Software product, or your License to the Software product, or host the Software product for third parties. The Software product is licensed as a single product; its component parts may not be separated for use on more than one computer. You may not disclose the results of any benchmark test of the Software product to any third party without our prior written approval. The Software product may include copy protection technology to prevent the unauthorized copying of the Software product or may require original media for use of the Software product on the Device; it is illegal to make unauthorized copies of the Software product or to circumvent any copy protection technology included in the Software product.

9. Termination

This Agreement and the License granted hereunder shall last as long as you use the Software product in compliance with this Agreement. Vobco d.o.o. may terminate this Agreement and the License granted hereunder if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason the License granted to you hereunder shall terminate automatically and you shall immediately cease use and distribution of the Software product. You must also destroy all copies of the Software product, documentation and demos provided by Vobco d.o.o. in connection with this Agreement.

10. Confidentiality

You acknowledge that the Software product and any source code provided to you pursuant to this Agreement, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of Vobco d.o.o. You agree to maintain in confidence the Software product source code, and any modification, enhancement, derivative work and/or extension thereto, by using at least the same physical and other security measures as you use for your own confidential technical information and documentation, but in no event less than a commercially reasonable standard of care. You further agree not to disclose the Software product source code, or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the Software product and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employee's or contractor's use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on Vobco d.o.o.'s information, or approved in writing for release by Vobco d.o.o. without restriction.

11. Additional Software

This License applies only to the Software product and updates or supplements to the Software product provided by Vobco d.o.o. Depending on how you choose to deploy the Software product, you may need to acquire licenses to other, third-party software. Vobco d.o.o. shall not be liable or otherwise responsible for your failure to obtain such licenses. The Software product may include certain third party open source and free software components ("Third Party Code"), each of which has its own copyright and its own license conditions. Vobco d.o.o. has reviewed, acquired and conformed to licenses of all such third party components, thereby not requiring you to separately acquire the same. The terms of such license will apply in lieu of the terms of this Agreement, and Vobco d.o.o. hereby represents and warrants that the license granted to such Components will be no less broad than the license granted in this Agreement. The components are provided "as is" by the third party licensors who disclaim all liabilities, damages, (even if they have been advised of the possibility of such damages), warranties, indemnities and other obligations of any kind, express or implied, with regard to the components. The components are excluded from any indemnity provided by Vobco d.o.o. in this license. Nothing in the foregoing affects any performance warranty provided by Vobco d.o.o. with regard to the Software product as a whole. A list of included Third Party Code and their respective licenses can be found in the Software product bundle.

12. Limited Warranty

THE SOFTWARE PRODUCT IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOBCO D.O.O. DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, BY LAW, CUSTOM USAGE OR OTHERWISE, REGARDING THE SOFTWARE AND ANY RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. VOBCO D.O.O. DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES IT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE THROUGH THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. VOBCO D.O.O. DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. THIS SECTION 7 WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

13. Limitation of Liability

EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY VOBCO D.O.O. IN SECTION 8 ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, VOBCO D.O.O., ITS AFFILIATES, RESELLERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF VOBCO D.O.O. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, VOBCO D.O.O. AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, RESELLERS AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTIOIN WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE PRODUCT TO VOBCO D.O.O. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH BY VOBCO D.O.O. OF THIS AGREEMENT. VOBCO D.O.O. IS ACTING ON BEHALF OF ITS AFFILIATES, AND RESELLERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES, AND LIABILITY, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE.

14. General Provision

You have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by you of this Agreement, you shall be liable for all damages to Vobco d.o.o., and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.

15. Taxes and Duties

You shall be responsible for the payment of all taxes or duties that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the Software product, and if any of the foregoing taxes or duties are paid at any time by Vobco d.o.o., you shall reimburse Vobco d.o.o. in full upon demand.

16. Governing Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Republic of Croatia. Each party consents to the personal jurisdiction of the Republic of Croatia and agrees to commence any legal proceedings arising out of this License shall be conducted solely at the courts located in the Republic of Croatia, placed in Varazdin, respectively. This is the entire Agreement between you and Vobco d.o.o. which supersedes any prior agreement, whether written or oral, relating to this subject matter. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS.