GENERAL BUSINESS AND LICENSE TERMS AND CONDITIONS
(END USER LICENSE AGREEMENT)
These General Business and Licence Terms and Conditions are an integral part of the Agreement
concluded between Demtec, s.r.o., registered office Hraničná 18, 821 05 Bratislava, ID No.47 807 890
(hereinafter referred to as the "Provider") and a natural person or legal entity (hereinafter referred to as the
"Customer") for the purpose of using the Licensed software.
The Customer by installing and using the Licensed Software accepts all terms and conditions set out in the
Agreement as well as in these General Business and Licence Terms and Conditions and is bound by these
provisions.
1. Definitions
1.1. “Agreement“ means the agreement
between the Provider and the Customer, which
identifies the Licensed software the Provider
allows the Customer to use. These General
Business and Licence Terms and Conditions and
the Documentation as well as other documents
referred to in the Order represent the integral part
of the Agreement;
1.2 "Additional module" is a software module that
can be, at any time during the term of the
Agreement, added to the Package in return for
remuneration;
1.3 "Offer" means the summary of currently
available software products that the Provider
allows the Customer to use. The Provider states
in the Offer the title of individual Licensed
software, their brief description, the period during
which the Customer is entitled to use the Licensed
software, or other characteristics of individual
Licensed software. The Customer has the
possibility to order licensed software from the the
Provider's current Offer;
1.4 "Order" means the act of ordering the
Licenced Software by Customer and “Order
confirmation” means the act of acceptance the
Customer’s Order by the Provider in accordance
with Article 2 of the General Business Terms and
Conditions. The Provider reserves the right to
reject the Order.
1.5 “Partner” means natural or legal entity who
uses the licensed software for the purpose of its
sale without modification, or for the purpose of
use in its own product.
1.6 "Try-for-free" means the time period during
which the Provider, at its own discretion, grants
the Customer the licensed software free of
charge. The Customer acknowledges that it uses
the licensed software provided free of charge at
its own risk and the Provider does not provide any
guarantee for the licensed software used free of
charge;
1.7 "Annual fee for maintenance and technical
support" is the amount specified in the Order
confirmation;
1.8 "Package" is the licensed software designed
for a predetermined number of users referred to
in the Order confirmation;
1.9 "Increase of parameter" means an additional
increase of any limited parameter of the Licensed
software that can be provided to the Customer
during the period of the Agreement under the
terms and conditions stipulated by the Provider;
1.10 "Documentation" means all user documents
and manuals, in any medium, related to the
proper installation and use of the Licensed
software;
1.11 "Effective Date of the Agreement" is the date
of payment of Price for Licensed software and
Annual fee for maintenance and technical support
in full, unless otherwise stated in these General
Business and License Terms and Conditions;
1.12 “Price for Licensed Software" is the
remuneration for provision of the Licensed
software referred to in the Order confirmation;
1.13 "Licensed software” is a computer program
identified in the Order confirmation along with the
relevant Documentation; 
1.14 “Validity of the Agreement" is the duration of
the contractual relationship in accordance with
Article 17 of the General Business Terms and
Conditions;
1.15 "Upgrade" means the release of a new
version of the Licensed software containing
substantial changes in the structure, functionality
and design of the Licensed software to which also
new features can be added. An Upgrade will be
reflected in the increased value of the primary
figures of the Licensed software (e.g. version
1.x.y will be replaced by version 2.x.y);
1.16 "Update" means the release of a new
version of the Licensed software featuring
enhancements and adjustments of the Licensed
software that do not include major changes to the
structure, functionality or design of the Licensed
software. An Update may include new
functionality that significantly affects the
functionality of existing functionalities. An Update
will be reflected in the increase of value of the
secondary number (e.g. version 2.5.x will be
replaced by version 2.6.x);
1.17 "Patch" means the release of a new version
of the Licensed software consisting of corrections
of existing functionalities which do not include
major changes to the structure, functionality or
design of the Licensed software. A Patch will be
reflected in the increase of value of the last
number of the version (e.g. version 2.5.0 will be
replaced by version 2.5.1).
2. Agreement Conclusion
2.1 The Customer makes the order of the
Licensed software via the www.graphlytic.biz
website or by email or other appropriate form,
from the Provider's current Offer (hereinafter
referred to as the "Order").
2.2 Before ordering the Licensed software, the
Customer shall familiarize themselves with (a) the
name of the Licensed software, (b) the price of the
Licensed software or the fact that the Licensed
software will be provided free of charge at the
Provider's discretion (e.g. Try-for-free) (c) the
period during which the Customer may use the
Licensed software and (d) the appropriate
Documentation and (e) these General Business
and Licence Terms and Conditions.
2.3 After submitting the Order, the Provider will
confirm the Customer's Order and the
acknowledgement shall state the name of the
Licensed software, the Price for the Licensed
software, the Annual fee for maintenance and
technical support, the period, the number of users
and payment details (hereinafter jointly referred to
as the "Order confirmation"). The Agreement
becomes effective by payment of the Price for the
Licensed software as well as the Annual fee for
maintenance and technical support in full. Within
15 days of payment for the Licensed Software at
the latest, the Provider shall provide the Customer
with the data carrier with the Licensed software
referred to in the Order confirmation or the access
data and installation key to the Licensed software
specified in the Order confirmation. No later than
within 15 days, the Provider shall deliver to the
Customer an invoice for the paid Licensed
software. If the Provider provides the Customer
with the Licensed software at the discretion of the
Provider free of charge (Try-for-free), the
Agreement in respect of the Licensed software
provided free of charge becomes effective by the
Provider's Order confirmation.
2.4 The Customer can purchase additional
Packages, Additional modules and Increase of
Parameters of the Licensed software under the
terms and at the prices referred to in the
Provider´s Offer. The Provider has no obligation
to accept any additional Customer´s Order for
additional delivery of Packages, Additional
modules or Increase of Parameters of the
Licensed software if the Customer has not
complied with all its prior Obligations (especially
financial) in relation to the Provider as of the date
of the Order, incurred under the Agreement.
3. License terms and conditions
3.1 At the moment of making the Agreement,
the Provider grants the Customer a license for the
Licensed software within the following scope:
(a) non-exclusive and non-transferable right to
install and use the Licensed software;
(b) for the period specified in the Order
confirmation;
(c) for the number of users referred to in the Order
confirmation.
3.2 The License is restricted to use on one
physical or virtual server. The Licensed software
may not be used in cluster mode on the basis of
the License. The License is limited to use in one
state or country, unless otherwise stated in the
Order confirmation. The Licensed software must
be installed on a hardware system owned, leased 
or controlled by the Customer.
3.3 The Customer is authorized to copy the
Licensed software for the purposes of backup or
archiving, provided that all copies contain
information about ownership and other rights to
the Licensed software. The Customer may not:
(i) allow other entities or individuals to use the
Licensed software except when such action is in
accordance with the Agreement, (ii) to modify,
translate, perform reverse engineering,
decompile or otherwise reveal the source code of
the Licensed software or create derivatives
based on the Licensed software, (iii) to copy the
Licensed software (iv) to sell, lease, assign or
otherwise transfer the rights to the Licensed
software, (v) to remove the proprietary
information of the Licensed software; (vi) to sell,
assign, lease, lend the hardware technical unit
or device that contains the Licensed software and
through which the functions of the Licensed
software are carried out; (vii) to use the Software
in any way that would go beyond the scope of the
license granted to the Licensed software under
the Agreement.
3.4 The Licence under Article 3 of these General
Business and Licence Terms and Conditions is
not applicable to the Additional modules of the
Licensed software. The licence terms and
conditions for use of a specific Additional module
will be awarded to the Customer always
individually.
3.5 The Customer acknowledges that the
Provider can provide along with the Licensed
software also software that is subject to the GNU
General Public License. The Customer
acknowledges and accepts that the rules on
copyright to the Licensed software under this
Agreement are not applied to the copyright of
software which is subject to the GNU General
Public Licence. The terms and conditions of use
of the Licensed software provided in this
Agreement will therefore in no way be interpreted
as a violation or intervention or modification of the
copyright to the software that is subject to the
GNU General Public Licence. The Customer
further declares that it accepts without reservation
the copyright regulation to the potential software
provided by the Provider that is subject to the
GNU General Public Licence.
4. Licence terms and conditions for Upgrade,
Update and Patch
4.1 The terms and conditions of the
Agreement apply to the Licensed software as well
as to Upgrades, Updates and Patches of the
Licensed software subsequently delivered to the
Customer. The Customer must destroy all
previous copies of the Licensed software within
30 days from the date of installation of an
Upgrade, Update or Patch. If the Upgrade,
Update or Patch is a component of the Licensed
software, it may be used exclusively as a part of
one Package of the Licensed software and can
not be separated for individual use.
5. Maintenance and technical support
5.1 The Customer shall pay the Provider in
connection with the conclusion of the Agreement
the Annual fee for maintenance of and technical
support for the Licensed software for a period of
one year from the date of the effectiveness of the
Agreement. Payment of the Annual fee for
maintenance and technical support results in the
Customer´s right to provision of services in
accordance with Annex 1. Maintenance and
technical support will not apply to new modules
released by the Company containing substantially
altered characteristics or functionality and that are
packaged and sold as separate modules.
5.2 The Annual fee for maintenance and technical
support is payable in advance within the maturity
of the Price for the Licensed software. The
Customer can choose among several support
levels that are detailed in Annex 1.
5.3 The Annual fee for maintenance and technical
support is payable each year as of the
anniversary date of the Agreement's entry into
effect in the event that the Provider provided a
lifetime license for the Licensed software in future
years. The Customer will have no obligation to
pay the Annual fee for maintenance and technical
support if, during the previous year, the obligation
regarding the maintenance of and provision of
technical support for the Licensed software was
terminated namely by a written notice from the
Customer to the Provider no later than 60 days
before the anniversary date of the Effectiveness
of the Agreement (on the day and month of the
respective year) containing the Customer´s will
to terminate the provision of maintenance and
technical support on the part of the Provider.
5.4 In the event that the Customer additionally
orders any Increase of Parameters of the
Licensed software or adds an Additional module 
to the Licensed software on a date which does not
coincide with the day of the anniversary of the
Agreement's entry into effect, the Customer is
obliged to pay the Provider an aliquot part of the
Annual fee for maintenance and technical support
calculated and charged by the Provider based on
a separate invoice.
5.5 The Provider is, under no circumstances,
obliged to provide technical support or remove
any defects caused to the Licensed software due
to changes being made to it by the Customer or
third parties, and the Provider is not liable for any
loss of data or any damage caused directly or
indirectly as a result of these changes.
6. Payment conditions
6.1 Payment of the Price for the Licensed
software, Annual fee for maintenance, technical
support and any other fees must be made by wire
transfer or direct deposit to the Provider's bank
account and namely within the due date
determined by the Provider either in the invoice or
in the Order confirmation.
6.2 If the Customer delays in payment of any
invoice issued by the Provider, the Provider is
entitled to the Customer paying a contractual
penalty in the amount of 0.05% of the outstanding
amount for each day of delay, and the Customer
is also obliged to compensate the Provider for all
costs associated with the collection of receivables
towards the Customer.
6.3 The Price for the Licensed software, Annual
fee for maintenance, technical support and any
other fees are payable in advance and are nonrefundable.
6.4 All fees of any kind are stated excluding VAT.
If the Provider becomes a VAT payer, or has any
another fee or tax liability in relation to settlement
of the claim to payment of the Price for the
Licensed software, Annual fee for maintenance
and technical support and any other fee, each fee
will be increased by any applicable tax.
7. Delivery
7.1 The Provider shall hand over to the
Customer one copy of the Licensed software,
together with a software key to enable the use of
the Licensed software, unless otherwise specified
in the Order confirmation. The Customer will be
entitled to delivery as late as after crediting the
payment of the Price for the Licensed software,
Annual fees for maintenance and technical
support and any other charges arising from the
Order confirmation. The Provider will deliver to the
Customer one copy of the Licensed software
within 10 days from the date of crediting the Price.
8. Right of control (licence audit)
8.1. The Provider has the right to carry out a
control by itself or through a third person of the
Customer's data processing systems and records
in Order to verify that the Customer complies with
the Agreement. The Provider is authorized to
undertake such control, if it notifies the Customer
of such within ten days in advance of the planned
inspection at the latest and the Customer is
obliged to tolerate the exercise of the control. The
costs of the control are borne by the Provider, but
if a control reveals any breach of conditions of the
Agreement, then the Customer bears the costs of
the control. The carried-out licence audit shall not
breach Customer’s GDPR
liabilities/commitments.
9. Guarantee
9.1 The Provider is the holder of all property rights
and other rights resulting from intellectual
property rights to the Licensed Software
9.2 The Provider has full right to license the
Licensed software and to perform any other
obligations under the Agreement and to use the
Licensed software or perform the licenses
granted hereunder. The Provider hereby does not
infringe or interfere with the intellectual property
rights or contractual rights of any third party,
including copyright, trademark, trade secret and
patent rights, but the Provider is not responsible
for the consequences caused by infringement of
such rights if such infringement occurs because
of the content provided by the Customer, by the
content owner, end user or other third party.
9.3 The Provider guarantees that, for a period of
90 days from the date of the Agreement's entry
into effect, the Licensed software is in accordance
with the Documentation. If, within the deadline
stated under the previous sentence, there is a
defect in the Licensed software that would
prevent the Customer from its proper use, and
within this period the Customer properly
announces the defect to the Provider, the
Provider commits to remove the defect at its own
expense and put the Licensed software in such a
condition that it is usable and complies with the 
Documentation, namely within a period of 90 days
from the date of the claim. If the Provider is not
able within the deadline of 90 days to remove the
claimed defect in the Licensed software so that
the Licensed software is in compliance with this
Documentation, the Customer is entitled to a
refund of any fees previously paid to the Provider.
9.4. The Provider is not be liable for defects that
occur in the Licensed software that result from: (a)
modification or change of the Licensed software
made by the Customer; (b) using the Licensed
Software otherwise than as intended; (c) using
products or services that are not provided by the
Provider; (d) negligence or wilful misconduct of
the Licensed software by the Customer; (e) the
implementation and installation of the Licensed
software by the Customer otherwise than as
recommended by the Provider; or (f) failure of the
electrical wiring and other factors which do not
originate in the Licensed software. The Provider
is not liable under this Agreement or for any other
reason for the content provided by the Customer,
content owners, end user or a third party.
10. Compensation obligation
10.1 The Provider agrees to compensate for
and protect the Customer against claims and
actions by third parties, including damages,
costs, liabilities, reasonable costs of legal
representation and other costs arising from claims
or actions, due to the suspicion that the Licensed
software breaches or fails to comply with the
copyright, trademarks, patents or trade secrets of
third parties, provided that: (i) the Customer
notifies the Provider in writing of any such claim
without any unnecessary delay; (ii) the Customer
provides cooperation which the Provider may
reasonably require to defend against such claims;
and (iii) the Provider is entitled to conduct litigation
or proceedings to settle such claims. In the event
of taking legal action arising from the alleged
violations of the rights of third parties, the Provider
reserves the right at its own discretion: (a) to
ensure in favour of the Customer the right to
continue in using the Licensed software, (b) to
replace or modify the Licensed software by other
software that does not infringe upon the rights of
the third parties, which in terms of functionality will
be a sufficient substitute, or (c) to terminate the
licence granted under this Agreement and to pay
the Customer a proportional refund of fees paid
for the Licensed software.
11. Limited liability
11.1 With the exception in respect of the
claims relating to infringement of the provisions
on confidentiality in the Agreement, a breach of
intellectual property rights or the use of the
Licensed software by the Customer outside the
scope of the licence granted, under no
circumstances will the total liability of one party
against the other arising or relating to the
Agreement exceed, alternatively, (i) the sum of
the fees paid to the Provider on the part of the
Customer at the time of the claim accrual, or (ii)
actual damage suffered by the party, regardless
of whether the claim is applied on the grounds of
guarantee, contract, tort liability, or on other
grounds, while for the purposes of the limitation of
such claim it is decisive as one of the limiting
factors (i and ii), which ever is lower. Neither party
will be liable to compensate the other party
beyond the limits agreed upon in this point of the
General Business Terms and Conditions.
11.2 The Provider or its suppliers are not liable for
special, indirect, incidental or consequential
damages, especially for lost profit, loss or
inaccuracy of data or interruption of business,
howsoever caused and whether it is in the
grounds of tort liability (including negligence), the
Agreement or other theory on liability, if it is true
that the damaged entity has been advised of the
possibility of such damages.
12. Customer declaration of competence to
be a party to the contractual relationship
12.1 The Customer declares that it has the
right to enter into a contractual relationship
established by the Agreement, as it has, under the
law that governs the contractual relationship, the
legal personality and legal capacity, and that its
contractual autonomy is not limited in any way,
and is respectively not aware of any
circumstances that would prevented it from
entering into this contractual relationship, to
implement the commitments it has undertaken
and compliance with this Agreement.
13. Property rights and intellectual property
rights
13.1 Title, ownership right and all intellectual
property rights to the Licensed software are
indicated in favour of the Provider and its
suppliers. The Licensed software is protected by
copyright law and international conventions on 
copyright. Title, ownership rights and intellectual
property rights to the content accessed through
the Licensed software are the property of the
respective content owner and may be protected
by applicable copyright or other legal regulations.
The Agreement does not give the Customer any
rights to such content. Except where expressly
provided in the Agreement, all rights and title to
the Licensed Software shall pertain to the
Provider and its suppliers.
14. Promotion
14.1 The Provider may mention the
Customer's or Partner’s name and the nature of
the services provided under this Agreement in
relation to development of the Provider's business
activities and marketing as well as to place such
mention without any restrictions on its website.
15. Confidential information
15.1 During the term of this Agreement, as well
as in the future, each of the parties will use and
reproduce the confidential information of the other
party only for the purposes of this Agreement and
restrict the disclosure of the other party's
confidential information so that it is accessible
only to its employees, affiliates and the
employees of affiliates who will be familiar with
the obligation to comply with the restrictions laid
down in this Agreement, so that they would not
disclose the confidential information of the other
party to another third party without prior written
consent. Notwithstanding the foregoing, the
provision of confidential information about the
other party if so required by law, legal
proceedings or investigation, provided that the
other party was informed about such disclosure of
confidential information in advance and the party
releasing the confidential information by this
disclosure used all possible means in order to
prevent the uncontrolled spread of confidential
information, is not considered to be a breach of
the Agreement.
15.2 "Confidential Information" shall mean:
 (i) the prices agreed in the Agreement; (ii) the
parties' trade secrets, business plans, strategies,
methods and procedures; (iii) any other
information relating to one of the parties, or its
business that is not publicly known, including
information on personnel, products, customers,
marketing strategies, services, prices and future
business plans. Notwithstanding the foregoing,
the term "confidential information" specifically
excludes (A) the information known in the public
domain or that subsequently enters into the public
domain by publishing or otherwise through the
inaction or fault of the other party; (B) information
that is known to one party without restriction
before receipt from the other party from its own
independent source, not acquired directly or
indirectly from the other party; (C) information
which a party acquires from a third party which
has the right to transfer such information and is
not required to keep such information confidential;
and (D) information independently developed by
an employee or agent of either contracting party,
provided it is established that such employees or
agents did not have access to the confidential
information of the other Party.

16. Data Processing
16.1 For the purposes of this Article 16, the
terms “Controller,” “Personal Data,” “Process,”
“Processing,” and “Processor” have meanings
ascribed to them by the European General Data
Protection Regulation (herein after referred to as
“GDPR”). The parties acknowledge and agree
that, to the extent Personal Data of the Customer
is Processed pursuant to these General Business
and License Terms and Conditions:
(a) The Provider is a Processor or sub-Processor
of the Personal Data of the Customer;
(b) The Customer is the Controller or a Processor
of the Personal Data of the Customer;
(c) If the Customer is a Processor, the Customer
warrants to the Provider that the sub-processing
of the Personal Data of the Customer by the
Provider has been authorized by the relevant
Controller.
(d) Each party will comply with their applicable
obligations under the GDPR, and each party will
reasonably cooperate with, and provide
reasonable assistance to, the other party, as
requested, to comply with GDPR requirements
applicable to any Personal Data of the Customer
that is Processed pursuant to these General
Business and License Terms and Conditions; and
(e) The Provider will promptly notify the Customer
in writing of any breach of security resulting in the
accidental or unlawful destruction, loss, alteration,
unauthorized disclosure of, or unauthorized
access to (including unauthorized internal access
to) the Personal Data of the Customer Processed
by the Provider pursuant to these General
Business and License Terms and Conditions.
16.2 License Compliance Data Processing. The
Provider reserves the right to Process 
automatized technical data generated by the
Licensed Software, mainly but not exclusively
Licensed Software ID, Licensed Software version
or operating system, in order to verify that the
Customer is in compliance with these General
Business and License Terms and Conditions.
17. Duration and Termination of the
Agreement
17.1 The Agreement becomes valid and effective
on the Effective Date under paragraph 1.11 and
will remain effective until its termination in
accordance with the following paragraph.
17.2 Either of the parties may unilaterally
withdraw from the Agreement if the other party is
in default as for the performance of its obligations
under the Agreement and fails to meet its
obligation (did not remove the default) within 45
days after receipt of a written notice from the other
party regarding it meeting its obligations (default
removal).
17.2 Either of the parties has the right to withdraw
from the Agreement on the day following the day
on which a bankruptcy as for the property of the
other party is declared, or a petition for bankruptcy
is refused for lack of assets, or if restructuring
proceedings are initiated regarding the other
party, or if the other party goes into liquidation.
17.3 All licenses granted under the Agreement
cease to exist at the moment of termination of the
Agreement. Upon termination of the Agreement,
regardless of the legal grounds for its termination,
the Customer shall return to the Provider all
Licensed software and the Documentation or
other materials relating to the Licensed software,
copies or reproductions of the Licensed software
as well as all Upgrades, Updates and Patches,
and any enhancement of the Licensed software.
The parties are obliged, on the grounds of
termination mutually and without any delay but
within 30 days from the Agreement's termination
at the latest, to return all materials and articles
belonging to the other party and confidential
information belonging to the other party in all
forms. In the event that it is not possible to return
something in the possession of the other party in
practically justified cases, the party who holds
these things is required to dispose of them and
submit a certificate of their disposal to the other
party.
18. Force majeure
18.1 Neither party will be liable for any delay or
failure to fulfil obligations under the Agreement if
such delay or failure to fulfil obligations under the
Agreement is due to force majeure.
18.2 Force majeure means facts and actions that
are out of the disposition or control of the parties
which came to light after making the Agreement
which could not be overcome while spending
reasonable costs or loss of time by the Party
which is affected by force majeure consequences.
Force majeure means, especially, war, new
legislation, natural disaster, fire or explosion.
19. Independence of the Parties
19.1 Neither provision of the Agreement
constitutes or represents a legal basis nor is
evidence for the establishment of a contractual
partnership, representation, obligation of an
agency, commission or other similar contractual
relationship or joint venture between the parties.
Neither party is authorized to act or name/ present
themselves as a representative of the other party
that is entitled to enter on its behalf into obligatory
or any other relationships.

20. Severability of conditions
20.1 If any provision of this Agreement is held
invalid, illegal or unenforceable, this will not affect
the validity or enforceability of the remaining
provisions of the Agreement, which remain valid
and effective. The Parties undertake in this case
without delay to replace this provision by a written
agreement by such regulation of the contractual
relationship, which comes closest to the purpose
and intent of the Agreement.
21. Assignment of rights
21.1 The Provider is entitled to assign rights
under the Agreement to any third party (assignee)
with or without the Customer's prior consent. The
Customer is entitled to assign rights under the
Agreement to any third party (assignee) only with
the Provider's prior written consent.
22. Counterparts of the Agreement
22.1 The Agreement may be executed in 
several counterparts, while each copy is the
original.
23. Service of documents
23.1 All documents in connection with the
implementation of the obligation resulting from the
Agreement will be delivered in person or by mail
and namely to the registered office of the other
party or to the address specified in the Agreement
or by email to the email address specified in the
Order or in the Order's confirmation. A document
delivered personally to the other party is, in
addition to the proper delivery, deemed delivered
also if the other party refuses to receive the
consignment that is delivered. A document
delivered by mail to the other Party will be
deemed to have been delivered also in the case
that it is returned to the sender as not having
been received or for the impossibility of its
delivery to the addressee, namely on the day
following the day on which the consignment will
be returned to the sender. The Parties declare
that they agree to the regulation of the servicing
of documents pursuant to this article.
24. Agreement on jurisdiction and applicable
law
24.1 As for the matter of jurisdiction, the
Parties mutually agree that the courts of the
Slovak Republic are competent to arbitrate any
disputes arising directly or indirectly from the
Agreement, including disputes about the Validity
of the Agreement itself. As for the matter of
applicable law, the Parties mutually agree that the
Agreement as well as any relationships directly or
indirectly resulting from it, including the
assessment of the question of its validity, are
governed by the law of the Slovak Republic.
25. Miscellaneous
25.1 The Agreement governs any questions
about the implementation of a contractual
relationship established hereof and supersedes
any prior agreements between the parties,
including all previous proposals namely oral as
well as written as well as the results of previous
negotiations between the parties regarding the
content of the obligatory relationship established
by the Agreement.
25.2 Any amendment to the Agreement can be
made only by written amendments, approved and
signed by both parties.
.
26. Severability of obligations
25.1 In the event of termination of the
Agreement, all rights and obligations of the
parties cease to exist, with the exception of those
natural obligations of which it results that they
remain in force even after the termination of this
Agreement, in particular, but not exclusively, the
provisions on confidentiality and claims for
damages incurred during the term of this
Agreement.
 
Annex 1. Maintenance and Technical Support
Levels of maintenance and support.
 STANDARD
o Access to new versions and Documentation of the Licensed software.
o Email support provided 8x5 via email account support@graphlytic.biz with our best effort
regarding response and repair times.
o Included in the subscription license.
 PREMIUM
o Access to new versions and Documentation of the Licensed software.
o Guaranteed availability of helpdesk (8x5), response time (1 day) and repair time (5 days).
o Higher issue priority.
o 4 hours of support via Skype annually.
 CUSTOM
o Custom support is used for implementation of extensions of the software or implementation
of specific integrations.
o Can be ordered and is priced on man-day basis.
Above mentioned levels of maintenance and support are illustrative and not binding for the Provider. Levels
adjustments may be applied in individual Agreements.
We will triage support issues according to the following severity matrix:
Severity
Level Definition Examples
1.Critical
Critical Impact/System Down: Business critical software
component is inoperable or critical interface has failed. This
usually applies to a production environment and indicates you
are unable to use the program resulting in a critical impact on
operations. This condition requires an immediate solution.
Solution is down due to an
error in provided software
and users cannot access it.
2.Material
Non-critical business impact: A software component is
restricted in its use or is usable with less significant features
(not critical to operations) unavailable.
Users of the software
receive a non-critical error
when attempting to access
part of a service.
3.Immaterial
Minimal business impact: A non-critical software component
is malfunctioning, causing minimal impact, or a non-technical
request is made.
Documentation is incorrect.
Additional documentation
requested.