This End-User License Agreement (EULA) is a legal agreement between the Software
User (either an individual or an entity) and Datalab Tehnologije d. d.,
Ljubljana, Slovenia, the
Proprietor and copyrights holder of the software DataLab PANTHEON.
The Software is comprised of:
- files containing program code in the form of source code, compiled code
or executables, as well as potential data used for program operation or
illustration of operation,
- procedures and methods of operation,
- potential storage media containing the files, and
- printed, electronic or on-line documentation.
By installing, running, copying or other use (Use) the Software on a Computer,
you agree to be bound by the terms of this EULA.
If you do not agree with the terms of this EULA, do not install or use the
Software. Return it to the place of purchase for a refund.
The Software is a copyrighted product and intellectual property and is as
such protected by international agreements, the Copyright And Neighbouring
Rights Act and the Penal Code of the Republic of Slovenia. The product is
licensed, not sold.
Grant of License
This EULA grants you the following rights.
Use
You may use the Software or its part or module on as many Computers as you
have Licenses for the Software or its part or module obtained.
Backup Copy
You may make an unlimited number of backup copies of the Software, provided the
backup copies are for preventing loss of data and are not used.
Legal Harmonization
As a User, you may free of charge request harmonization of the Software with
the legislation valid at the day of license purchase within specifications and
intended program use.
In case the legislation changes within seven (7) years of license purchase, the
Proprietor shall upon User request harmonize the Software with the new
legislation in reasonable time if those changes are not part of upgrades or new
versions of the Software. The proprietor may demand compensation for changes of
this kind.
Support
As a User, you are entitled to free telephone support for thirty (30) days. The
30-day period starts on the day of license purchase. Support is provided by the
Proprietor or its authorized representative defined in the EULA.
After the initial 30-day free support period, you are entitled to continued
support for which the Proprietor or its authorized representative may demand
compensation. In continued support, you are not bound to the authorized
representative defined in the EULA.
Potential additional software or its part or module recieved during support is
considered a part of the Software covered by this EULA.
Information acquired by the Proprietor or its authorized representative during
support can be used by the Proprietor for business purposes including support
and development. The Proprietor will not use the acquired information in ways
that could expose the identify of the user.
Transfer
As a User, you may transfer your EULA rights, provided (a) no copies of the
Software are retained, (b) all of the Software is transferred, including media,
documentation and files (excluding data entered by the user) and (c) the
receiving party agrees to accept the provisions of this EULA. If the Software is
an upgrade of previous versions the transfer must include all previous versions
of the Software.
Additional Provisions
Upgrade
A Software Upgrade is an upgrade, improvement or new version of the Software
which replaces or supplements the licensed Software and which has licenses
obtained as defined by the Proprietor. Use of the Upgrade is allowed only in
accordance with the provisions of this EULA. The Upgrade may be used or
transferred only as part of the Software and may not be used separately or on a
different Computer.
Intellectual Property Rights
All intellectual property rights in and to the Software (including, without
limitation, all images, photographs, animations, videos, music, text and files)
and the related documentation are owned by the Proprietor or its suppliers. The
User must handle the Software like any other copyrighted material with the
exceptions (a) to install and/or use the Software on as many computer systems as
there are obtained licenses, (b) to make backup copies and (c) to keep the
original media containing the Software for security or archiving purposes. The
User may not copy printed documentation that accompanies or is part of the
Software.
Limited Warranty
The Proprietor warrants that:
- the Software will operate within specifications and intended program use
for ninety (90) days from license acquisition, and
- all hardware accompanying the Software, will be operational for one (1)
year from license acquisition.
A Software Bug is Software behaviour that is not according to the functioning
described in the manual, knowledge base, or other publicly accessible documents.
The Proprietor shall fix any Bugs discovered in the Software. This obligation
of the Principal is considered as fulfilled if a Bug is fixed in an Upgrade.
Bug fixes in Upgrades do not change the terms of Upgrading.
Exclusion or Limitation of Liability
The Proprietor's single liability and the User's single right to indemnity is
set out in "Limited Warranty" and it is at the Proprietor's own discretion to
- refund the purchase price of the license(s), or,
- repair or replace the Software and/or the accompanying hardware after the
User has returned it to the Proprietor
The Proprietor is not liable for damages resulting in breach of the Limited
Warranty because of accidents, abuse or improper use.
A repaired or replaced Software or its part or module is granted a new Limited
Warranty for the longer of the following periods:
- thirty (30) days, or
- until expiration of the original Limited Warranty
No Other Warranty
The Proprietor disclaims any other warranties, express or implied, including,
but not limited to, the warranty of use and/or suitability for a particular
purpose of the Software or its part or module.
No Damage Liability
In no event shall the Proprietor and its suppliers be liable for any damages
(including, but not limited to, lost business opportunities or profits,
interruptions of operation, loss of data) arising from use of the Software, even
if the Proprietor was notified about this possibility.
In any case, the Proprietor's liability is limited to the purchase price paid by
the user for acquisition of the license.
Governing Law and Jurisdiction
This EULA is governed by Slovenian law.
The District Court in Ljubljana, Slovenia, has jurisdiction over disputes
arising from this agreement.