1.1. This End User License Agreement ("EULA") is a legally binding document between you as an individual or legal entity using the product and a producer of the Dwarfguard software - a Dwarf Technologies company ("We"/"Us") registered as "Dwarf Technologies s.r.o." with the registration number (ICO) 10750550 as a business entity in Czechia (a sovereign state in European Union)
1.2. By installing the Dwarfguard software or by activating the usage of the SAAS service clicking on any of the buttons in the first run screen or otherwise using the software, you are agreeing to be bound by the terms of this EULA. Please ensure that you have carefully read and properly understood the entire EULA before agreeing to its terms and conditions.
1.3. Definitions
1.3.1. The "Software" shall refer to the Dwarfguard software.
1.3.2. The "Licensing File" shall refer to a particular file installed within the software, specifying the maximal usage scope by limiting the number of devices that can be connected to the Software and maximal values for other technical parameteres.
1.3.3. The "Deployment" is a particular installation of the Dwarfguard Software on a Server.
2.1. Subject to the terms and conditions of this EULA and all applicable laws and regulations, We hereby grant you a limited, non-exclusive and non-transferable worldwide License to use the Dwarfguard Software.
2.2. The permitted use of the Software is strictly limited to running the Software in accordance with the provisions of this EULA. You are permitted to use the Software in the scope that is granted to you by the respective Licensing File that is installed in the Software. You are permitted to install each Licensing File legally available to you to one running Dwarfguard Software Deployment. You are permitted to install any other unused Licensing File you legally obtained into the Dwarfguard Software.
2.3. You may not make copies of the Licensing File you bought from Us or our affiliates, Partners and Distributors, make the Licensing File public, rent, lease, transfer or sublicense it unless it is explicitly permitted by applicable law or by Us.
2.4. You may not run the Software without accordance to this EULA.
2.5. You may not make public, redistribute, rent, lease, transfer or sublicense the software unless explicitly premitted by the applicable law or by Us.
2.6. You may not combine the Software with other works or elements to create derivative works of the software.
2.7. You are not obliged to run or use the Software.
2.8. We retain all additional rights to the Software outside of the scope of the EULA. Unless allowed by applicable law, You may not use the Software in any other way than provided in this Clause 2 and You may not allow such use on Your behalf by any of Your employees, agents or third parties.
3.1. The Software contains copyright protected material, trade secrets and other proprietary information and material of Dwarf Technologies and/or its licensor(s), if any, and is protected by copyright laws, international copyright treaties and trade secret laws, as well as other intellectual property laws and treaties.
3.2. The Software can only be used in accordance with the terms of this EULA. You agree that You will not mortgage, pledge or encumber the Software in any way. Dwarf Technologies and/or its licensors retain all title and ownership in and to the proprietary rights pertaining to the Software, including all intellectual property rights, and copies thereof. This EULA does explicitly not grant permission to use the company name, trade names, trademarks, service marks or product names of Dwarf Technologies, except as required for reasonable and customary use in describing the origin of the Software.
3.3. This EULA covers only copyright use of the Software. Under the terms of this EULA, You are granted no trademark and/or patent license and nothing in this EULA shall be interpreted in a way it does so.
4.1. The Software may contain software, software components or technology developed by third parties ("Third-Party Components"). The scope of this EULA shall not include any Third-Party Components, unless such Third-Party Components are deemed to be an inseparable part of the Software. This agreement does not limit, supersede or modify your rights under the license associated with any separately licensed Third-Party Component.
4.2. Certain third-party software or technology (collectively the "Non-covered Tools") may be bundled with or included on the same medium or as part of the download of the Software you receive, but is not part of the Software. This agreement does not limit, supersede or modify your rights under the license associated with any Non-covered Tool.
4.3. For Third-Party Components and Non-covered Tools, other licenses or additional terms might be applicable and governing Your use of such Third-Party Components and Non-covered Tools. Certain licenses and copyright notices applicable to third party software statically or dynamically linked to or contained in the Software or in other way included or distributed with the Software are listed in documentation and/or user interface and/or other materials provided with the Software and You are obliged to read and make Yourself fully acquainted with such licenses and copyright notices. By accepting this EULA, you are also accepting such additional terms and conditions, if any.
4.4. Source code offer under the terms of GNU GPL: Should the Non-covered Tools contain any part that is governed by the terms of GNU Affero GPL v3, GNU Lesser GPL v2.1, GNU Lesser GPL v3, GNU GPL v2, or GNU GPL v3 (hereinafter "GNU GPL"), we hereby make You an offer, valid for three years or as long as We, at Our sole discretion, offer the Software for download or puchase, to provide You either (1) a copy of the Corresponding Source within the meaning of GNU GPL for all the Non-covered Tools, on a durable physical medium customarily used for software interchange, for a price no more than Our reasonable cost of physically performing this conveying of source, or (2) access to copy of the Corresponding Source within the meaning of GNU GPL from a network server at no charge, depending on Our preference at the time of Your request.
5.1. In the event that Dwarf Technologies at its discretion decides to make any standard update, enhancement or upgrade or new version of the Software or any of its components ("Update"), We will make information regarding such Update available on Our website. By installing, copying or otherwise using any Update that may be provided this way, You agree to be bound by the terms of this EULA with respect to such Update. Notwithstanding the foregoing, We reserve the right to apply other terms and conditions for any future Updates of the Software, which terms and conditions You must accept separately in order to receive a license for such Updates.
6.1. This EULA shall be in effect and valid as long as Your use of the Software complies with the terms of this EULA.
6.2. Your rights under this EULA will terminate automatically without notice from Us if You fail to comply with any term(s) of this EULA. Upon the termination of this EULA, You shall cease all use of the Software and destroy all copies, full or partial, of the Software.
7.1. THE SOFTWARE IS DELIVERED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dwarf Technologies DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE SOFTWARE. Dwarf Technologies DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Dwarf Technologies OR Dwarf Technologies AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
7.2. Unless explicitly agreed in writing between the Parties, the Software is provided without any additional services, and no support or maintenance of the Software is guaranteed, and if available, may be subject to additional charges and conditions.
8.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Dwarf Technologies BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, INCLUDING THE SALE, PURCHASE, DELIVERY, USE OR OTHER DISPOSITION OF THE SOFTWARE, EVEN IF Dwarf Technologies HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. Dwarf Technologies TOTAL LIABILITY WITH THE SALE, PURCHASE, DELIVERY AND USE OF THE SOFTWARE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. IN NO EVENT WILL Dwarf Technologies BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
9.1. The License is effective from the moment of execution of this EULA.
9.2. This EULA is executed and becomes legally binding at the latest when You exercise Your rights granted by this EULA for the first time; when doing this, no further notice from Us to You is required for the contract to be effective.
9.3. If any provision of this EULA is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from this EULA and the remaining provisions will remain in full force and effect.
9.4. This EULA is the entire agreement between You and Us relating to the Software. This EULA supersedes all prior communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
9.5. This EULA and all rights and obligations arising on the basis of the EULA and in connection with it are governed by the laws of Czechia with the exclusion of both the rules on the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.6. The Software is not intended for consumers. If You are a Consumer, You may not enter this EULA.
9.7. The Parties (You and Us) undertake to make every effort to eliminate any disputes arising on the basis of this EULA or in connection with this EULA, and to resolve them, first of all, through negotiations between contact persons or authorized representatives.
9.8. For the resolution of all disputes arising from this EULA and legal relationships involved shall be under sole jurisdiction of the courts of the Czechia.
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EULA version: 1.0, effective from 22nd of November 2022