Before running the SDPROG software, you should familiarize yourself with the content of this document, as it constitutes a legally binding Agreement regarding the granting of a license to use the SDPROG software. Only by accepting this agreement will it be possible to run the software and legally use the program. In case of non-acceptance of any of the provisions of this Agreement, you should close the application and renounce the distribution or any other use of the SDPROG application as a whole or any part of it. Failure to comply with these conditions is considered full acceptance of all the conditions of this Agreement.
This license agreement constitutes a binding agreement between Wojciech Zaremba, conducting business under the company name E-VOLT WOJCIECH ZAREMBA, Sołonka 58, 36-043 Straszydle, hereinafter referred to as the “Licensor”, and a physical person, legal person or organizational unit without legal personality, whose law grants legal capacity, who has obtained the possibility of installing the Software, hereinafter referred to as the “Licensee”.
I. Definitions of terms:
- Licensor – Wojciech Zaremba conducting business under the company name E-VOLT WOJCIECH ZAREMBA, being the creator of the Software within the meaning of the law of February 4, 1994 on copyright and related rights (Dz.U. 2000, No. 80, item 904 as amended).
- Licensee – an individual, legal entity, or organizational unit that is not a legal entity and is authorized by law to have the opportunity to install the Software.
- Agreement – software license agreement.
- License – the right to use the Software by the Licensee under the terms specified in this Agreement.
- Object of the license (Software) – the SDPROG mobile application for reading information from a car using the OBD II diagnostic system, which connects to the car through an interface. The installation version of the software is available on the website https://sdprog.com, https://play.google.com, https://itunes.apple.com/ or https://appgallery.huawei.com and also available on original CD’s / license cards. The payment rules and the terms of the license agreement are specified in this agreement. Further resale of the software (activation code or activation code with CD / license cards) is only possible with the written consent of the Licensor.
- Activation code – a unique combination of numbers and letters assigned for each CD with software / license cards or transmitted by the Licensor in an electronic version, allowing for proper use of the software and new updates. Payment terms for the activation code have been determined by the Licensor on the website https://sdprog.com.
- MySDPROG – a platform created by the SDPROG software manufacturer that allows users to register the purchased license key.
I. Conclusion of the Agreement:
- This licensing agreement shall be deemed to have been concluded at the moment the Licensee performs the first installation, launches the Software, or starts using the Software in any other manner.
- By installing, running, or using the Software in any other way, the Licensee declares that they will comply with the provisions of this Agreement and is bound by the content of this Agreement.
- In order to activate the license code of the SDPROG software, it is required to register it on the MySDPROG platform at www.mysdprog.com (creating an account and entering the license code). Failure to register the purchased license key on the MySDPROG platform will prevent you from using the SDPROG program.
- If the Licensee does not agree to the terms of this agreement, the Licensee is obligated to remove the Software.
- This Agreement is entered into for an indefinite period of time. The Agreement does not require signatures of the parties to be binding.
- The Licensor hereby declares that he is the sole independent creator of the Software and is the rightful holder of the proprietary copyrights to the Software.
- All rights to the Software and to any copies of the Software, including but not limited to, proprietary rights, patents, copyrights, trademark, trade secrets and other intellectual property rights, remain the exclusive property of the Licensor. The Licensee may not remove any copyright notices, trademarks or other proprietary rights from the Software, cover or alter them. In case of violation of the above point, the Licensee will pay a contractual penalty in the amount of PLN 20,000.
- The software does not infringe upon the intellectual property rights of third parties.
- The Software is protected by the provisions of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631, as amended) and the provisions of international agreements binding on Poland for the protection of intellectual property rights. The Licensor holds the protective right number 265889 for the trademark SDPROG.
I. Granting and Scope of License:
- The Licensor hereby grants the Licensee, subject to the Licensee’s continuous compliance with the provisions of this Agreement, an exclusive, non-transferable, non-sub-licensable and non-assignable right to use the Software as provided for in this Agreement.
- Using the software for purposes other than those indicated in this license is prohibited.
- Licensor reserves all rights not expressly granted to Licensee. Licensee does not acquire any ownership rights to the Software, nor is Licensee entitled to enable third parties to use the Software and the activation code.
- The Licensee may not, either alone or through any third party:
a) use the Software in whole or in any part beyond that which is expressly permitted under this license,
b) carry out restoration, decompilation, reverse engineering or disassembly of the Software,
c) modify the Software, make any adaptations, changes to the layout of the Software or make any other changes to the Software,
d) to correct any errors in the Software or to entrust the correction of any errors in the Software to any third party,
e) attempt to remove, defeat or circumvent the technical measures to prevent unauthorised access to, use, reproduction or distribution of the Software,
f) resell, reproduce or distribute the Software and the activation code in any way and for any purpose. In particular, it may not make copies of this Software, the activation code and make it available on a network where it could be used by multiple users at the same time and make this Software and activation code available on the network for download,
g) distribute, share, rent, lease, lend the Software and the activation code available for it in any way.
- The licensee is entitled to:
a) installation of the Software on one type of device, i.e. laptop or desktop computer, tablet, phone,
b) make one backup copy and one backup copy of the Software,
c) use the Software in accordance with its intended purpose.
I. Limitation of Licensor’s Liability:
- Licensor makes no warranties, representations or promises of any kind beyond those expressly set forth in this Agreement, and Licensee assumes all risks arising from the consequences of the use of or inability to use the Software.
- To the extent permitted by applicable law, Licensor shall not be liable for any direct, indirect or consequential loss or damage, including, without limitation, loss of income, unrealized cost reductions, loss of data or increased costs on the part of the Licensee or any other financial losses resulting from the license, use, failure or interruption of the Software, or faults communicated by the Software. the foregoing limitation of liability shall also apply if licensor has been informed of the possibility of such losses. licensor shall only be liable for loss or damage caused by licensor’s gross negligence or wilful misconduct. The limitation of liability shall apply to all claims for loss or damage, irrespective of their legal basis, including, but not limited to, liability in tort, contract, pre-contract and legal relationships similar to contract (quasi-contracts).
- The Licensor declares that the readings of the programme as well as the available technical documentation are for information purposes only and cannot be regarded as a means for carrying out repairs and replacing parts.
- The Licensor declares that the app, once launched, saves the history of communication with the vehicle, as well as app and device data on the device.
- The Licensor declares that in connection with the activation of the application by the Licensee and after the approval of the “send log” function, the software will load the data into the mail client, with the help of which it will automatically send to the Licensor the saved history of the communication with the vehicle(s), the list of commands, information on the number of the fault codes and the indication of the sensors, the version of the application, the version of the interface, the e-mail address of the user, any additional information provided by the user, including name, address (if provided).
- The Licensor declares that in connection with the start of the application by the Licensee, the software will automatically send the Licensee (without activating additional options of the software) information as to errors in the operation of the device or as to errors in the connection between the device and the car.
- The licensee declares that he/she agrees to the processing of the information specified in sections 4, 5, 6 as well as their collection for the purpose of improving the operation of the application.
I. Final provisions:
- Licensee shall not assign all or part of its rights or obligations under this licence agreement, in particular the right to use the Software, to any third party without the prior written consent of Licensor under pain of nullity.
- The Licensee may not make the activation code received from Licensor available to third parties as well as to an unlimited number of people on the Internet. In the event of a breach of the foregoing provision, Licensee will be required to pay a contractual penalty in the amount of PLN 20,000. The above does not preclude the Licensor from seeking damages in excess of the stipulated contractual penalty amount.
- If the Licensor establishes a breach of VI, 2, it is entitled to deactivate the activation code provided.
- Licensor shall not be liable for events as a result of which the Licensee has lost the activation code. In such an event, it will not make the activation code available again unless the Licensee purchases the software again with the activation code.
- In matters not regulated by this licence agreement, the provisions of the Civil Code Act of 23 April 1964 (Dz.U. 1964, No. 16, item 93, as amended) and the Copyright and Related Rights Act of 4 February 1994 (Dz.U. 2006, No. 90, item 631, as amended) shall apply.
- Any disputes relating to or arising out of this licence agreement shall be settled by the common courts having jurisdiction over the Licensor’s registered office.