Definitions:

Licence – a non-exclusive licence granted by Licensor and entitling the User to use the Service under the terms of the Agreement and the General Licensing Terms.

Copyright – the Act of 4 February 1994 on copyrights and related rights (Journal of Laws 2019.1231 consolidated text of 2019.07.03 as amended).

Licensor or PCG – PCG Academia Sp. z o.o. with its registered office in Jasionka 954F, 36-002 Jasionka, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register under the number KRS 0000560490, with a share capital of PLN 2,605,000, having a REGON number: 361629511, and Tax Identification Number (NIP): 5170370170.

Service – Central system for recording information on scientific achievements available as a cloud service (SaaS). A detailed description of the Service is attached to the Agreement.

Parties – the Licensor and the User jointly. Party – means one of those entities.

Agreement – agreement concluded between the Licensor and the User, to which these General Licensing Terms are attached as an appendix.

User – a legal person or an organizational unit with legal capacity that has entered into the Agreement other than the Licensor.

General Licensing Terms – this document constituting an attachment to and an integral part of the Agreement.

§ 1.

The Licensor grants the User a Licence understood as the User’s right to use the Service in the fields of exploitation defined in § 2. You may obtain a licence to upgrade and modify the Service if the parties so agree in separate agreements. By Updates the parties mean - making available new versions (updates), extending or updating the functionality of the Service in any scope, including in particular to the extent consistent with the legislation and development directions of the Service determined by the Licensor. By Modifications, however, the parties mean new features of the Service or changes to existing features of the Service made at the User’s request. 

§ 2.

1.	The Licensor grants the User, for the period of time indicated in the Agreement, the right to use the Service in the following fields of exploitation:
a)	use the Service for the purpose specified in the Agreement, 
b)	use the Service in other fields of exploitation, for which the Licensor’s consent is not required under the Copyright Law (fair use).
2.	The User shall not have the right to reproduce the Service, modify it or make it available to third parties in any form, especially on the basis of rental agreement, lease agreement, gratuitous provision, provision for testing and assignment of rights resulting from the Licence.
3.	The User may not, without the Licensor’s written consent, transfer the rights or obligations under the Agreement or the General Licence Terms to a third party.
4.	Use of the Service within the scope specified by the provisions of Article 74.4.1 and 74.4.2 of the Copyright Law requires the consent of the Licensor.
5.	The User has no right to grant further licences. 

   § 3.
The User may use the Service starting from the date the Licence is granted to the User.

§ 4.
If the User violates the provisions of the Licence, Licensor shall request the User to remedy such violations and shall grant the User a period of at least 14 (fourteen) days for such purpose, failing which the Licensor may terminate the Licence with immediate effect. The above provisions do not limit the Licensor’s right to assert claims against the User under the provisions of the Act on copyright and related rights. 

§ 5.
1.	You have the right to update or modify the Service under separate agreements, if any, entered into by the parties. 
2.	The User has the right to the services provided by the Licensor, including the right to implement the Service, maintenance care only under the terms of the Agreement and any further, separate agreements.

§ 6.
1.	The licence granted by Licensor is a non-exclusive licence.
2.	The User understands and agrees that the Service (including the graphical elements and input data used as part of this service, data feeding reports) is protected by copyright and other intellectual property laws. PCG owns the copyrights and other intellectual property rights in the Service. This Agreement does not grant the User any trademark or service mark rights and PCG reserves all rights, express and implied, not expressly granted to the User under this Agreement. The User also agrees that the reports generated through use of the Service are copyrighted by PCG and that the layout of the reports, their structure, schemes, mechanisms for presenting information, functionalities and graphics are unique. Licensor grants to the User, for the duration of this agreement, a non-exclusive and non-transferable licence to generate and use the reports solely for the User’s own use without the right to transfer the reports available on the Service or the data feeding them to third parties who are not employees of the User.
3.	In particular, the User may not reverse engineer, decompile, disassemble or attempt to discover or modify the source code of the Service or any part thereof. Moreover, the User may not modify or adapt the Service or create or prepare derivative services based on any part of the Service. The User may also not provide, make available or permit the Service to be used, in whole or in part, by any third party or use the Service to create or enhance a competitive offering or for any other purpose competitive in relation to PCG. 
4.	The User is solely responsible for collecting and entering all User data stored in the Service Environment and for ensuring that the User does not knowingly create or store data that infringes or could potentially infringe or misappropriate the copyrights, trade secrets, trademarks or other intellectual property rights of any third party. The User represents and warrants that he has obtained all rights, permissions and consents necessary for the use of all User data.
5.	In connection with the use of the Service, the User must not (i) use or attempt to gain unauthorized access to the network or equipment of PCG or any third party; (ii) permit any other person or entity to access the Service; (iii) allow unauthorized access to or use of the Service or any data that enables access to the Service; (iv) attempt to inspect, scan or test the operation of the Service, PCG’s or PCG’s supplier’s accounts or networks; (v) interfere or attempt to interfere with the operation of the Service on the user, host or network side; (vi) intentionally distribute bugs, Trojan horses, viruses, corrupted files or any other similar items;
6.	In the event that the User breaches the obligations referred to in paragraphs 2-4 above, PCG shall be entitled to terminate this Agreement with immediate effect without any obligation to refund any amounts paid by the User. 
7.	The User is authorized to use the Service only to the extent expressly stated in the Agreement and in the General Licensing Terms. 

§ 7.
1.	The Licensor is not liable for any defects of the Service caused by reasons beyond his control, including as a result of actions taken by the User, as well as those resulting from changes made by the User or on his behalf by a third party in the contents of the database of the Service or the source codes of the Service. In the event of errors caused by the Licensor’s fault, the Licensor undertakes to rectify such errors within the time-frames and according to the terms of the warranty granted or the maintenance agreement (if concluded), if they are not covered by the warranty.
2.	If the User does not conclude the maintenance agreement, the Licensor’s liability for defects in the Service is limited exclusively to defects in the Service that completely prevent the use of any of its functions. However, this does not apply to defects arising for reasons beyond the control of the Licensor, in particular if a defect in the Service is the result of improper use of the Service by the User or is the result of actions by third parties. The provisions of § 8 apply accordingly.

§ 8.
1.	The Licensor is not liable for a malfunction of the Service (or a suitably modified or updated version thereof) or the inability to use all the functions (features) of the Service envisaged by the Licensor, arising from a conflict between the Service and the environment and data on the side of the User’s computer units or servers. The Licensor is not liable for malfunctions of the Service specified in the preceding sentence that result from the User changing the Hardware Service.
2.	The Licensor is not liable for the malfunction of the Service if the User has equipment that does not meet the technical requirements necessary for the proper use of the Service. To the maximum extent permitted by mandatory applicable law, the Licensor’s liability for any damage related to the use of the Service is excluded, including in particular damage related to the use or inability to use the Service, as well as for lost profits, interruptions in the User’s activity, loss of business information, data, including damage resulting from possible errors in data contained in the Service and provided by the User. 
3.	In no event shall the Licensor be liable for any loss that results from the use or inability to use the Service, and in particular, the Licensor shall not be responsible for any data stored by the Service or the cost of retrieving such data.
4.	The Licensor is not liable for the lack of suitability of the Service for the purposes assumed by the User.

§ 9.
1.	In matters not regulated by the Licence, the relevant provisions of the Act on copyrights and related rights and the Civil Code apply.
2.	The General Licensing Terms are an integral part of the Agreement and as such are governed by the Polish law.
3.	The User declares that he has read the contents of the Licence and that he agrees to its terms and conditions.