License Agreement

Before starting the SDPROG TOOLS software, please read the content of this document, as it constitutes a legally binding Agreement, the subject of which is the granting of a license to use the SDPROG TOOLS software. Only after accepting this agreement will it be possible to start the software and legally use the program. In the event of non-acceptance of any of the provisions of this Agreement, close the application and refrain from distributing or using the SDPROG TOOLS application in whole or in any part. Failure to comply with the above conditions shall be deemed to be full acceptance of all the terms of this Agreement.

This license agreement constitutes a binding agreement concluded between Wojciech Zaremba conducting business activity under the name of Nexdiag Sp. z o.o., ul. Synów Pułku 1, 35-507 Rzeszów, hereinafter referred to as the “Licensor”, and a natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, which has obtained the possibility of installing the Software, hereinafter referred to as the “Licensee”.

This license defines the terms of use of the SDPROG TOOLS mobile software (hereinafter referred to as the “Software” or “SDPROG TOOLS Application”) by the Licensee.

I. Definitions of terms:

  1. Licensor – Wojciech Zaremba conducting business activity under the name of Nexdiag Sp. z o.o., who is the creator of the Software within the meaning of the Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2000, No. 80, item 904, as amended).
  2. Licensee – a natural person, legal person or organizational unit that is not a legal person, to whom the act grants legal capacity, which has obtained the possibility of installing the Software.
  3. Agreement – Software license agreement.
  4. License – the right to use the Software by the Licensee under the terms specified in this Agreement.
  5. Subject of the license (Software) – SDPROG TOOLS mobile application for updating and configuring Nexdiag devices. The installation version of the software is made available via the website https://sdprog.com, https://play.google.com or https://itunes.apple.com/. The terms and conditions of the license agreement are specified in this agreement.

I. Conclusion of the Agreement:

  1. This license agreement is concluded when the Licensee first installs, runs the Software or starts using the Software in any other way.
  2. By installing, running or otherwise using the Software, the Licensee declares that it will comply with the provisions of this Agreement and is bound by the content of this Agreement.
  3. If the Licensee does not agree to the terms of this agreement, the Licensee is obliged to remove the Software.
  4. The agreement is concluded for an indefinite period. The agreement does not require the signatures of binding parties.

I. Copyright:

  1. The Licensor hereby declares that it is the sole independent creator of the Software and the holder of the proprietary copyrights to the Software.
  2. All rights to the Software and to all copies of this Software, including, but not limited to, title and patent rights, copyright, trademark, trade secret and other intellectual property rights, remain the exclusive property of the Licensor. The Licensee may not remove, cover or change any mentions of copyright, trademark or other proprietary rights from the Software. In the event of a breach of the above point, the Licensee shall pay a contractual penalty of PLN 20,000.
  3. The Software does not infringe the intellectual property rights of third parties.
  4. The Software is protected by the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, as amended) and the provisions of international agreements on the protection of intellectual property rights binding on Poland. The Licensor has protection right No. 265889 for the SDPROG trademark.

I. Grant and scope of license:

  1. Licensor hereby grants to Licensee, subject to continued compliance with the terms of this Agreement, a non-exclusive, non-transferable, non-sublicensable and non-assignable right to use the Software in the manner contemplated by the Agreement.
  2. Use of the Software for any purpose other than that indicated in this license is prohibited.
  3. The Licensor reserves all rights not expressly granted to the Licensee. The Licensee does not acquire ownership of the Software, nor is he entitled to allow third parties to use the Software.
  4. The Licensee may not, either by itself or through any third party:
    a) use the Software in whole or in part to a greater extent than expressly permitted under this license,
    b) reverse engineer, decompile, reverse engineer or disassemble the Software,
    c) modify the Software, make any adaptations, changes to the Software’s layout or make any other changes to the Software,
    d) correct any errors in the Software or entrust any third parties with the correction of any errors in the Software,
    e) attempt to remove, break or circumvent technical protections against unauthorized sharing, running, multiplying or distribution of the Software,
    f) resell, reproduce or distribute the Software in any way and for any purpose. In particular, it may not make copies of this software and make them available on a network where it could be used by many users at the same time and make this software available on a network for downloading. g) distribute, make available, rent, lease or lend the Software in any way.
  5. The Licensee is entitled to:
    a) install the Software on one type of device, tablet or phone.
    b) make one archival copy and backup copy of the Software,
    c) use the Software in accordance with its intended purpose.

I. Limitation of Licensor’s Liability:

  1. Licensor makes no warranties, representations or promises other than those expressly set out in this Agreement, and Licensee assumes all risks arising from the results of the use of or inability to use the Software.
  2. To the extent permitted by applicable law, the Licensor shall not be liable for any direct, indirect or incidental losses or damages, including, but not limited to, loss of income, unrealized cost reductions, loss of data or increased costs to the Licensee or any other financial losses resulting from obtaining the license, use, failure or interruption of the Software, or incorrect information about faults transmitted by the program. The above limitation of liability also applies if the Licensor has been informed of the possibility of such losses. The Licensor shall be liable only for loss or damage caused by its gross negligence or wilful misconduct. The limitation of liability applies to all claims for compensation for loss or damage, regardless of their legal basis, including, but not limited to, tort, contract, preliminary agreements and legal relationships similar to contracts (quasi-contracts).
  3. The Licensor declares that the program readings as well as the available technical documentation are for informational purposes only and cannot be treated as a method for carrying out repairs or replacing parts.
  4. The Licensor declares that the application saves data relating to the application on the device after it is launched.
  5. The Licensor declares that in connection with the launch of the application by the Licensee and after confirming the “Send” function, the program will load data into the email client, through which it will automatically send to the Licensor information on the selection of the given car model, the user’s email address, additional information provided by the user, including name and surname, address (if provided).
  6. The Licensor declares that in connection with the launch of the application by the Licensee, the program will automatically send to the Licensee (without launching additional program options) information about device operation errors or device connection errors with the telephone.
  7. The Licensee declares that he or she consents to the processing of information specified in paragraphs 4, 5, 6 and their collection in order to improve the functioning of the application.

I. Final provisions

  1. The Licensee may not transfer all or part of the rights or obligations resulting from this license agreement, in particular the right to use the Software, to any third party without the prior consent of the Licensor expressed in writing under penalty of nullity.
  2. In matters not regulated by this license agreement, the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws 1964 No. 16 item 93, as amended) and the Act of 4 February 1994 on copyright and related rights (Journal of Laws 2006 No. 90 item 631, as amended) shall apply.
  3. Any disputes related to or arising from this license agreement shall be resolved by common courts having local jurisdiction over the seat of the Licensor.