LICENSING TERMS AND CONDITIONS
Bontia, a.s., Org ID No.: 257 52 871, headquartered in Prague 4 - Michle, Ohradní St. 1424/2b, ZIP Code 140 00, recorded in the commercial registry administered by the Prague Municipal Court, Section B, Entry 5875 (hereafter referred to as Provider).
1. BASIC TERMS
The Provider will provide its customers (hereafter referred to as User) unlimited rights for usage of the Bontia Studio program (hereafter referred to as Software) that can be downloaded from the Provider’s website and which is meant for the creation of photo book content (hereafter referred to as Content) and its dispatch for print and publication in electronic form. By downloading the Software the User enters into a licensing contract and expresses his/her agreement with all its terms and conditions.
The Provider provides internet services together with the Software. It (the Provider) is authorized to change or cancel these services at any time.
Rights to the Software and all its components belong to the Provider and/or its suppliers. The Software is copyright protected by copyright law valid in the Czech Republic and in countries with similar intellectual property right protections according to international agreements.
These terms and conditions also apply to Software updates. The Software User agrees to automatic Software updates, done by downloading the latest versions via the already-installed Software.
Users are not allowed to edit the Software or carry out reverse engineering. Users are not allowed to incorporate the Software into other programming products and then distribute such programs. The Software can only be used for the purpose, for which it was created. Users can copy, distribute, publish the Software on online servers, etc. Users cannot sell, rent, loan for fees or lease the Software. It is unconditionally necessary to adhere to all the Software‘s technical restrictions, which allow for it to be used only in certain ways.
5. DATA TRANSMISSIONS
The User is authorized to use the Software to download information from the Provider’s servers (i.e. design templates, page templates, lists of products for sale, their descriptions and prices, information on new versions of the Software). During data communications with the servers, the Software will transmit technical information. In certain cases the User will not be explicitly informed about these transmissions. By using the Software, the User expresses his/her agreement with the transmission of this information. The Provider will not use this information to contact the User.
6. USER RIGHTS
All copyrights (ownership rights) for Content belong to the User.
Provided the User decides to publish (using the "Share" function) his/her Content, then he/she is liable for the legality of this Content. Meanwhile, the Provider is not obligated to monitor this Content. The Provider does not express any advance agreement with any Content published by the User and renounces any liabilities related to Content.
Should the Provider find out about the illegal nature of any Content, it reserves the right (however it is not obligated) to remove the Content and eventually cut off User access for sending any Content that is in breach of these terms, and this based on its own consideration and without prior warning.
The User agrees that his/her Content will not include material that is protected by any third party copyright laws or that is subject to ownership rights of third parties (including privacy protection laws and anti-defamation laws for published materials).
Should the User decide to publish (using the "Share" function) his/her Content on the Provider’s website, the Provider will award a global, non-exclusive, free and transferrable license for publishing the Content placed on the Provider’s website. This is mainly for viewing by those persons who accessed the Content via the owner of the Content.
The validity of licenses issued as stated above expires at the moment when a request is made and the Content is subsequently deleted by the administrator of the Provider’s website.
7. WARRANTY AND ITS RESTRICTIONS
Provided the User follows instructions for Software usage, the Software’s fundamental features will function properly. The Provider provides the User a warranty on functioning only in the scope of proper printing of the User’s data. Meanwhile, the Provider is not liable for loss of this data. This warranty does not apply to complications caused by the User’s own actions or neglect, by the actions of third parties or by events that are beyond the Provider’s control (i.e. Force Majeure).
8. EXEMPTION FROM LIABILITY FOR DAMAGES
The Provider gives Users access to the Software free-of-charge. The Provider does not provide any warranty on the quality of the Software, nor is it liable for any damages caused by use of the Software on the User’s computer, or for any other damages that are indirectly tied to use of the Software.
The User (him- or herself) is responsible for always using the latest version of the Software made available by the Provider. The User is also responsible for using an anti-virus program and other security measures on his/her computer (firewalls, data backup, etc.). Although the Provider carries out Software upgrades and causes changes to the technologies in doing so, it is not liable for damages, provided they are caused by Force Majeure. These are understood to be, among other things, Software errors caused as a result of flaws in third party software that is essential to the ability to run the Software or as a result of third party attacks no matter how they are carried out.
This exemption from liability does not affect the Provider’s liability for flaws or damages caused in relation to processing/finishing a photo product based on the User’s order, and this in the scope stated in the Provider’s Sales Terms and Conditions.