PROGET SP. Z O.O. 
END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY!: THIS END USER LICENSE AGREEMENT (EULA) REPRESENTS A LEGAL AGREEMENT BETWEEN END USER AS A NATURAL PERSON OR AN ENTITY AND PROGET SP. Z O.O. (PROGET) ON PROGET SOFTWARE WHICH HAS BEEN: INSTALLED ON A MOBILE TERMINAL (“PRODUCT”); OR LEGALLY DOWNLOADED FROM WWW.PROGETSOFTWARE.COM WEBSITE; OR FROM ANY OTHER SOURCE PROVIDED BY PROGET (“SOFTWARE”).
BY USING, DOWNLOADING, COPYING, OR OTHERWISE INSTALLING THE SOFTWARE ON PRODUCTS OR DEVICES CONNECTED TO SUCH PRODUCTS, YOU AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS OF THIS AGREEMENT.

IN THE EVENT YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE PRODUCTS WITH SUCH SOFTWARE, OR DOWNLOAD THE SOFTWARE FROM WWW.PROGETSOFTWARE.COM WEBSITE, OR FROM ANY OTHER SOURCE PROVIDED BY PROGET. YOU MUST THEN RETURN THE PRODUCT TO THE DISTRIBUTOR FROM WHICH YOU ACQUIRED IT IN ORDER TO QUALIFY FOR A REFUND OR CREDIT, IN LINE WITH SUCH DISTRIBUTOR’S RETURN POLICY.

Article 1. Limited Software License. Subject to the terms and conditions of this EULA, Proget hereby grants End User limited, non-exclusive, and non-transferable moral rights to install, start up, and use one copy of the Software uploaded into Product or a device connected to Product, for the sole purpose of using it as authorized hereunder.

Article 2. Documentation. User may make and use a reasonable number of copies of the documentation supplied together with the Software; provided, however, any such copies are used exclusively for the company’s own purposes and not for publishing or distribution (either in hard copy or electronically) for use by third parties.

Article 3. Backup Copy. End User may make a reasonable number of Software copies to be used exclusively as backup copies and for recordkeeping.

Article 4. Updates/Upgrades. All the software Proget supplies to End User, or makes available at Proget’s website www.progetsoftware.com (“Website”), or delivers from any other source supported by Proget, which updates or upgrades the original Software shall be subject to the provisions of this Agreement; unless separate license terms and conditions apply to any such updates and / or upgrades; should this be the case, the new terms and conditions shall prevail.

Article 5. License Limitations. The License, referred to in Articles 1, 2, and 3, shall apply only when End User has ordered and paid for Product and shall set forth all the rights of End User to Software. Proget reserves all the rights which have not been explicitly awarded to End User under this EULA. Without prejudice to the above provisions, End User may not authorize or allow any third party to perform the following: (a) use the Software for purposes other than those related to Product; (b) license, distribute, rent, lease, lend, transfer, assign, or otherwise dispose of the Software; (c) reverse engineer, decompile, disassemble the Software, or attempt to obtain the source code or trade secrets related to the Software, unless - despite this restriction - such steps are allowed under the laws in force; (d) modify, adapt, tamper with, translate, or develop derivative works based on the Software; (e) remove, erase, obscure, or tamper with any copyright or other product identification or proprietary rights information printed or stamped, affixed to, encoded, or recorded in or on any Software or Product; or (f) bypass or circumvent, or attempt to bypass or circumvent any access control measures to Product / Software components and functions used by Proget. Without prejudice to the limitations referred to in Article 5, End User may make any services hosted on the Proget NAS server available to third parties for commercial purposes.

Article 6. Audit. Proget shall have the right to verify the integrity and security of the Software. The Audit will not infringe any End User's personal data. In the event of a breach of the integrity of the Software, Proget will request the User to explain and remove any unauthorized changes.

Article 7. Intellectual Property. The Software represents valuable property of Proget and their licensors and as such is protected under copyrights, intellectual property rights, and other agreements. Proget or their licensors shall retain and reserve all rights, titles, and interest in and to the Software, including, without limitation, all copyrights and other intellectual property rights in and to the Software.

Article 8. Limited Warranty. Proget offers a limited warranty that the Software licensed hereunder will substantially correspond to the specifications, if any, published or otherwise posted by Proget on their website for a period of time required under any local laws. Proget shall put forth commercially reasonable efforts to correct or replace – at their sole discretion - any non-compliant Software with a fully compliant one; provided, however, End User has notified Proget in writing about any such non-conformity while the warranty remains effective. The above warranty shall not apply to any non-compliances attributable to: (w) use, reproduction, distribution, or disclosure in contravention of these EULA provisions; (x) customization, modification, or other changes introduced to the Software by any parties or entities other than Proget; (y) combining the Software with any other product, services, or components supplied by individuals or entities other than Proget; or (z) failure to observe any of the EULA provisions.

Article 9. Technical Support and Warranty. Proget shall provide technical support for End User over the entire warranty period set forth in this Article. Once the applicable warranty period has expired, Proget may provide technical support for the Software upon written request.

Article 10. Disclaimer. EXCEPT AS CLEARLY SPECIFIED ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, “WITH ALL FAULTS”. PROGET AND THEIR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RESULTING FROM ANY LAWS IN FORCE OR OTHERWISE BINDING, INCLUDING – AMONG OTHERS – IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT OF ANY OF THE SOFTWARE RIGHTS. WITHOUT LIMITING THE FOREGOING, PROGET MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE SOFTWARE USE OR PERFORMANCE AND DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE SOFTWARE WILL BE FAILSAFE OR FREE FROM ERRORS, VIRUSES, AND OTHER DEFECTS.

Article 11. Specific Loss Liability Disclaimer. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, SHALL PROGET AND THEIR LICENSORS BE LIABLE TO THE END USER UNDER THIS AGREEMENT FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR LOSSES OR OBLIGATIONS OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFITS, OR SALES) RESULTING FROM USE OR FAILURE TO USE THE SOFTWARE, OR FROM ANY OTHER CAUSE PREVENTING THE USE OF THE SOFTWARE UNDER THIS EULA AGREEMENT; OR PREVENTING THE USE OF THE SOFTWARE FOR REASONS ATTRIBUTABLE TO SAME, EVEN THOUGH PROGET HAS BEEN NOTIFIED ABOUT THE POTENTIAL FOR SUCH LOSSES.

Article 12. Limitation of Liability. REGARDLESS OF WHETHER A CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY, IN NO EVENT SHALL PROGET’S AND THEIR SUPPLIERS’ AGGREGATE LIABILITY VIS Á VIS END USER – ATTRIBUTABLE TO USE OR FAILURE TO USE THE SOFTWARE, OR ARISING FROM OTHER REASONS UNDER THIS EULA AGREEMENT, OR RELATED TO THIS EULA AGREEMENT AND / OR THE SOFTWARE, REGARDLESS OF THE AMOUNT OF ACTUAL LOSSES SUFFERED - EXCEED THE AMOUNT OF TOTAL FEES ACTUALLY PAID OR PAYABLE BY END USER FOR PRODUCT WHICH GIVES RISE TO SUCH CLAIMS. The said limitations and exclusions of remedies and liability for specific losses shall apply to the full extent provided under the law. The laws of certain states / jurisdictions do not allow for exclusions of implied warranties and manufacturer’s guarantees, or for certain exclusions and / or limitations of liability for specific losses. To the extent such laws apply to this EULA Agreement, the above listed disclaimers and limitations may not apply to the End User.

Article 13. Termination of License. Without prejudice to their other rights, Proget may terminate this EULA Agreement for End User’s failure to perform or breach of any obligations thereunder. Should this be the case, End User must discontinue using the Software and promptly destroy all copies and components of the Software in their possession or control.

Article 14. Assignment. End User shall not transfer or assign any of their rights or license under this EULA Agreement to any third parties, except for instances when the Software is pre-installed in the Product. Any attempted transfer or assignment carried out in violation of this provision shall be void.

Article 15. Governing Law. Unless explicitly barred under applicable local laws, this EULA Agreement shall be interpreted and governed by the laws of the Republic of Poland, any conflict of laws notwithstanding.

Article 16. Disputes. Any disputes, disagreements, or claims resulting out of or in relation to this EULA Agreement shall be resolved exclusively and finally by a court of arbitration consisting of three impartial arbiters, according to the Arbitration Law and related Polish implementing regulations. The arbitration procedure shall be restricted solely to the dispute between End User and Proget; shall not be combined with or based on any other arbitration proceedings or class-action suits; and held by Arbitration Court with jurisdiction over Proget’s registered office, with Polish as the official language. Arbitration awards shall be final and binding for both parties and enforced by any court within the jurisdiction. End User is aware that absent this provision, they would be entitled to assert their claims by means of civil procee