Licence Agreement,Privacy Policy

LICENCE AGREEMENT

1. SUBJECT OF THE AGREEMENT

The present terms and conditions regulate the relationship between the end user of the license and UAB „ATOMIS“ and represent and agreement between you and UAB „ATOMIS“. This agreement determines the way of use of the software (as described below). For the purposes of the present license agreement:
UAB „ATOMIS“ is a trade company registered according to the laws of the Republic of Lithuania which manufactures software products and is the holder of all intellectual property rights in the software products of the brand CarProg. The software products  of the brand CarProg (in whole or of some of their modules/functions, including the online versions of the products) can be supplied to the client by any of the companies within the distribution system of UAB „ATOMIS“ possessing the relevant distribution rights.
“A CLIENT” is any natural person or legal entity regardless of its legal form, be it a sole trader, an organization, an NGO, a foundation, a state structure or a budget funded structure (minsitry, agency, commission, etc.) which has purchased from CODECARD.EU the non-exclusive and temporary right to use of the software products of the brand CarProg  (in whole or of some of their modules/functions, including the online versions of the products).
CODECARD.EU refers to all software products developed, distributed, published or otherwise delivered by UAB „ATOMIS“, including, but not limited to, software products for mobile devices or personal computers (a desktop version), but also software products accessible through a browser or other type of online access (an online version). The software includes updates and upgrades, as well as a manual, packages and other written files, electronic or online materials and documents, as well as all copies of such software of any kind and its accompanying materials.

2. LICENCES

SOFTWARE. According to the terms and conditions provided for in the present License Agreement zgrants you the non-exclusive, untransferrable limited right to use a copy of the software intended for use on one computer at a time, unless otherwise indicated in the documentation of the software. The said right to use the software is granted after you have confirmed that you accept the terms and conditions contained in the present License Agreement. CODECARD.EU grants to you solely the right to use the software within the scope described above. You agree that in the sense of the present License Agreement the granted right to use the software does not induce and rights connected with the name or the property of the software, and that the acceptance of the present License Agreement shall not be considered as sale of any rights in the software whatsoever.
Purchasing of the license. Term of the license. The term of the licenses purchased by you is one year and starts on the date of purchase of the main package or the date of payment of the annual maintenance subscription, with the acceptance of the present License Agreement and is terminated upon the occurrence of some of the following events: 
-    When the term of the free maintenance as from the date of the initial purchase expires; 
-    When the term of the annual maintenance subscription expires;
-    If you are not willing to use the software any longer;
-    When the present agreement is terminated by UAB „ATOMIS“.
The granted license shall be terminated immediately in case it is established that attempts have been made to neglect technical measures for protection used in connection with the software, as well as if it is established that the software has been used in violation of the provisions of the present License Agreement. 
After the term of the free maintenance upon initial purchase expires and in case the annual maintenance subscription has not been paid, the client shall lose his/her rights to access the software products bought from CODECARD.EU (in whole or of some of their modules/functions, including the online versions of the products).
After the term of the free maintenance upon initial purchase expires and in case the annual maintenance subscription has been paid, but the annual subscription for technical support has not been paid, the client will not be consulted in the course of his work with the products bought from CODECARD.EU (in whole or of some of their modules/functions, including the online versions of the products).
A premise for the purchase of special functions and/or payment of the annual subscription for technical support is the payment of the annual maintenance subscription.
The client accepts that after the agreement for granting of non-exclusive and temporary right to use the software products bought from CODECARD.EU expires or if the annual maintenance subscription is not paid before the expiry of the term of the agreement, the client’s access to the online version of the software products bought from CODECARD.EU will be immediately suspended, and, respectively, the client’s access to the desktop version of the products bought from CODECARD.EU installed on the client’s computer will be restricted or completely suspended.
The client agrees that after the expiry of the free maintenance upon initial purchase of the software and in case that the annual maintenance subscription has been paid, but the annual subscription for technical support has not been paid, the client will not be consulted in the course of his/her work with the software products bought from CODECARD.EU (in whole or of some of their modules/functions, including the online versions of the products).
The client also agrees that after the expiry of the free maintenance upon initial purchase of the main package, UAB „ATOMIS“ is entitled to suspend the access to the software products bought from CODECARD.EU entirely or to restrict the access to the updated versions of the software after the date of expiry of the annual maintenance subscription.
Property rights. UAB „ATOMIS“ preserves all rights, including, but not limited to: the property rights in the software, all copyrights, trademarks, commercial secrets, trade names, ownership rights, patents, names, computer codes, settings, regardless of whether they have been registered, or not. The software provided by UAB „ATOMIS“ may not be copied, reproduced or otherwise distributed wholly or partially without the prior written consent of UAB „ATOMIS“. For the avoidance of doubt, all rights which have not been explicitly granted to you by the present License Agreement, are property of UAB „ATOMIS“.

3. SERVICES RENDERED BY THIRD PARTIES
The software provided by UAB „ATOMIS“  can include services rendered to third persons and/or services rendered by third parties may become available to you through the software provided by UAB „ATOMIS“. Such services are regulated by the terms and conditions of such third parties. Please study these terms and conditions carefully, as they represent the agreement between you and the respective third party – service supplier.

4. GENERAL LICENCE CONDITIONS
   
Hereby you unconditionally agree:
4.1. Not to distribute, lease, grant the right to use, sell, rent, lend or otherwise transfer the software provided by UAB „ATOMIS“, as well as not to give copies, passwords or user names for the software provided by UAB „ATOMIS“. Without the explicitly prior written consent of UAB „ATOMIS“  or as provided for in the present License Agreement;
4.2. Not to make copies of the software provided by UAB „ATOMIS“;
4.3. Not to use the software provided by UAB „ATOMIS“. On more than one computer at a time, unless this is explicitly permitted in the software provided by UAB „ATOMIS“. Or by the provisions of the present License Agreement; 
4.4. Not to make any changes in the software, as well as not to decompile, translate, produce derivative software products which on the basis of the software provided by UAB „ATOMIS“ or otherwise change its functionality wholly or partially;
4.5. Not to remove, hide or change any notices related to copyrights, trademarks or other property rights, signs and labels contained in the software provided by UAB „ATOMIS“, legal notices or other labels pointing out the origin or the source of materials;
4.6. Not to present the software rendered by UAB „ATOMIS“ as yours;
4.7. Not to make any attempts to overcome the protection through the reverse engineering and decompilation limitations, not to create databases or otherwise create permanent copies of the contents of the software provided by UAB „ATOMIS“. The software provided by UAB „ATOMIS“ may include control measures for the access to the software with view to prevent potential prohibited reproduction, or exceeding of limited rights and licenses provided by the present License Agreement. Only the software with a valid license can be used to access the online services and to download updates. You cannot limit or restrict these access control measures or try to deactivate or neglect these security measures. If you prohibit or otherwise change the technical protection measures, the software provided by UAB „ATOMIS“  will not function properly. The software provided by UAB „ATOMIS“ may require an Internet connection to access services or the Internet – base characteristics for software certification or for other functions. In order for some of the functions of the software provided by UAB „ATOMIS“ to work properly, you may be required to have and maintain a stable Internet connection. In order to use the software provided by UAB „ATOMIS“  you accept and agree that any third persons transferring data may have fees and commissions depending on your data plan.  Please consult your supplier for further information. In case you have not provided a stable Internet connection, the software provided by UAB „ATOMIS“ or some of its functions may fully or partially work improperly or not work at all. 
Some of the functions of the software provided by UAB „ATOMIS“ may require that you have licenses, notifications or certificates required under the legislation of your country or the observance of established procedures in connection with the performance of specific services under the technical specifications of the motor vehicle. In case you are duly authorized, please bear in mind that after the completion of the respective procedure you should point out such procedures in all necessary documents: offers, repair orders, invoices, as well as all technical, accounting or trade documents.
Each use of the software provided by UAB „ATOMIS“ without the necessary permits, notifications, certificates or in violation of the established procedures for the performance of specific services are entirely at your risk and responsibility. As there is no control over the way in which the software provided by UAB „ATOMIS“ is applied and used, UAB „ATOMIS“ will not be liable for its use in violation of the provisions of the legislation of your country. UAB „ATOMIS“ will not be liable for any unlawful action taken by you.  

5. COLLECTIONS AND USE OF INFORMATION. PERSONAL DATA PROTECTION 

Through the installation, access and use of the software provided by UAB „ATOMIS“ you agree to observe these terms and conditions for collection and use of personal data. UAB „ATOMIS“ respects your personal rights and acknowledges the significance of any information about you that has been collected. UAB „ATOMIS“ is responsible for the protection of your personal data collected by UAB „ATOMIS“ by virtue of a Confidentiality Declaration which can be amended or updated by UAB „ATOMIS“ and is accessible on the internet in chapter “Confidentiality policy” applicable to the present License Agreement. The Confidentiality declarations set out how, why and to what extent UAB „ATOMIS“ collects and uses personal and non-personal data in connection with the products and services supplied by UAB „ATOMIS“ By accepting the terms and conditions of the present License Agreement you agree with the following link to the web page of CODECARD.EU, which means that you completely accept the confidentiality policy of UAB „ATOMIS“. together with all terms and conditions contained therein. The installation, access to and use of the software provided by UAB „ATOMIS“ will only be possible after you have explicitly accepted all terms and conditions of the present License Agreement.

6. WARRANTY
6.1 Warranty

UAB „ATOMIS“ hereby presents you with a warranty (provided that you are the first and official purchaser of the software) that the software is accessible online to you. The warranty covers all defects in the software which might prevent its proper installation on a computer. By using this product you accept and agree with all possible errors that might occur and you undertake to report such errors to UAB „ATOMIS“. The improper use of the software provided by UAB „ATOMIS“ may lead to damages to the electronic control panels. UAB „ATOMIS“ is not liable for damages to the electronic control panels.
 
6.2 Lack of other warranties

Apart from the above warranty as settled in art. 6.1. and in full force and in compliance with the applicable legislation, the software provided by UAB „ATOMIS“ will be granted to you “as it is”, with all possible defects and without any guarantee whatsoever, without warranties or guarantees of any kind, and the use of the product shall be at your sole responsibility. The whole risk connected with the good quality and performance of the product shall be borne by you. UAB „ATOMIS“ does not guarantee your satisfaction with the use of the software, nor does UAB „ATOMIS“ guarantee that the software will satisfy your requirements or that it will function without interruption or errors, or that the software presented by UAB „ATOMIS“ will work together with or collaborate with any other software products manufactured by UAB „ATOMIS“, or that any errors of the software provided by UAB „ATOMIS“ will be corrected.

7. LIMITATION OF LIABILITY

In no case and under no circumstances shall UAB „ATOMIS“ be liable for any specific, special, accidental or other damages caused by the possession of, access to, use or malfunction of the software provided by UAB „ATOMIS“, including, but not limited to, property damages, damage or loss of reputation, computer failure or improper functioning of computers, and, to the extent permitted by the law, injuries, property damages, benefits foregone or penalty damages from actions caused by or in connection with the present License Agreement or the software, regardless of whether they have occurred in violation, agreement, warranty or specific liability or in other situation and regardless of whether UAB „ATOMIS“ was aware of the possibility of such damages, or not. For the purposes of the present art. 7, UAB „ATOMIS“ is a third party-beneficiary with respect to the liability limitations provided for herein, whereby, UAB „ATOMIS“ may use the provisions of the present License Agreement against you.
As the legislation of some countries does not allow for limited liability, the above (limitation of liability) shall apply in the full extent permitted by the laws of the relevant jurisdiction. Such liability limitation shall not apply only in case some of the specific provisions contained herein are prohibited by a federal, state or municipality law which cannot be avoided. Under no conditions shall the liability of UAB „ATOMIS“  be applied to any damages, if such damages exceed the actual price paid by you for the use of the software provided by UAB „ATOMIS“.  

8. MISCELLANEOUS. TERMINATION: In case you violate the provisions of the present License Agreement, it will be immediately terminated by UAB „ATOMIS“ whereby you accept and agree that upon termination of the present License Agreement and after the termination of the contractual relationship you will not be entitled to any compensations, either by virtue of the law or by virtue of a contract.   In such case you will be obliged to destroy all copies of the software and its parts and to suspend your access to it. Furthermore, upon termination of the present License Agreement you are obliged to destroy all software programmed provided to you by the official distribution channels or otherwise acquired by you, as well as all copies of the software which have been made, including to delete and conclusively uninstall the software from all computers on which it has been installed.

REMEDIES: You hereby agree that in case you violate the provisions of the present License Agreement, UAB „ATOMIS“ shall be unconditionally entitled to deprive you from your rights without having to present evidence for damages incurred. This shall in no way restrict the right of UAB „ATOMIS“ to hold you responsible in connection with the violation and shall be considered as addition to all other available remedies.
COMPENSATION: You hereby agree to protect and keep UAB „ATOMIS“, its partners, subsidiaries, contractors, employees, directors, employees or agents from and against any damages, losses and expenses deriving directly or indirectly from:
1) All your actions and/or inaction in the use of the software provided by UAB „ATOMIS“  in compliance with the provisions of the present agreement, or
2) violations of the present License Agreement on your part.
FINAL PROVISIONS: The present License Agreement waives all previous agreements between the parties, including side agreements between them. UAB „ATOMIS“  shall preserve its right to amend or supplement this agreement, as well as to remove parts of it, at its won discretion, whereby UAB „ATOMIS“ is obliged to publish the undated version of the License Agreement on its web page CODECARD.EU You will be considered to accept such amendments in case you continue to use the services rendered by UAB „ATOMIS“ In case some of the provisions of the present agreement shall turn out to be invalid or inapplicable, or if it is considered that some of the provisions of the present agreement threatens the validity or applicability of the entire agreement or of some of its material provisions (such provision will be referred to as “violating provision”), the parties agree that such violating provision will be amended to the extent that it needs to be amended in order for it to become applicable, whereby all remaining provisions of the License Agreement shall be unaffected.
All disputes between the parties deriving from or connected with the present License Agreement or its violation, termination or validity, shall be conclusively resolved at the discretion of UAB „ATOMIS“:
1)    By the competent courts of justice in the country of residence of the user of the granted right, or
1)    By the courts of justice of the country of registration of UAB „ATOMIS“. Nevertheless, UAB „ATOMIS“. is entitled to turn to any other court of the same jurisdiction instead.  The courts in the place of registration of UAB „ATOMIS“ shall have exclusive jurisdiction regarding all disputes deriving from or in connection with the present License Agreement. UAB „ATOMIS“ shall, however, have the right to turn to any other court with jurisdiction.
By accepting the terms and conditions of the present License Agreement you agree that you may submit claims and requests against UAB „ATOMIS“ only individually on your own behalf, and not as a representative or member of a professional organization or representation. 
By accepting the present License Agreement you agree to receive electronic messages containing information about the products of the company and software updates.

    Privacy Policy for the software, provided by UAB “ATOMIS”

 The company UAB „ATOMIS“ together with its subsidiaries collects, stores and uses your personal data in its capacity of personal data administrator in connection with and in order to provide:

a . for statistical purposes in order to improve this website and the services offered thereby;
b . in order for you to have access to the contents of the website;
c . to administrate this website;
d . if you agree, to inform you of the products and special offers which you might be interested in;
e . if you agree, to send you information per email in compliance with the present Privacy Policy.

           All Software offered by UAB „ATOMIS“ is settled by the present Privacy Policy and through the use of or access to a service for which your consent to the processing, use and disclosure of your personal data is provided. Please do not install and do not use the Software offered by UAB „ATOMIS“ unless you agree with the provisions of the present Privacy Policy.

            The company UAB „ATOMIS“ preserves its right to amend the present Privacy Policy. If you keep using the Software rendered by UAB „ATOMIS“, this would mean that you accept the terms and conditions of the present Privacy Policy.
1. Data collection
The data processed by our company include, but are not limited to, the following: email address, ID device, IP address, user names and passwords.
UAB „ATOMIS“ may supplement your data with the data received from third persons in connection with demographic surveys, advertisement, market and other analyses and services.
2. Display in advertisements
UAB „ATOMIS“ preserves its right to use and disclose the collected non-personal data for the purposes of advertisement of its partners or subcontractors.
3. Location data
UAB „ATOMIS“ may use, depending on the service, an IP-based localization on the grounds of the IP address provided by the end user.
4. Analysis
UAB „ATOMIS“ uses your personal information to carry out analyses for its own purposes, as well as to carry out analyses provided by third parties. We use the information to support business analyses and operations, to develop new products, to improve the existing products, to customize the contents, for the purposes of advertisement and for the purposes of recommendation.
5. Disclosure and transfer of personal data
Personal data may be disclosed to third persons, including third persons outside the European Union or the European Economic Area in compliance with the applicable legislation and the present Privacy Policy.
UAB „ATOMIS“ may use third parties to collect and process personal data on behalf of UAB „ATOMIS“ and according to the instructions provided by UAB „ATOMIS“.UAB „ATOMIS“ shall not be held responsible for actions or inactions by such third persons, unless the applicable legislation provides otherwise.
6. Data storage and accuracy of the information
UAB „ATOMIS“ preserves its right to store the collected data for as long as the purposes of such data, as described in the present declaration, are achieved , unless a longer period of storage is required or permitted by the law. Upon expiry of this period, UAB „ATOMIS“ deletes all provided data within reasonable terms. UAB „ATOMIS“ does not check the accuracy of the submitted data.
Please note that some data may be stored for a longer period of time if this is deemed necessary for the purposes of dispute solving compliant with the technical and legal requirements and restrictions connected with the security, integrity and functioning of the Software.
7 . Terms and conditions of third persons
Please note that your access to and use of the Software rendered by UAB „ATOMIS“ may include connections with services rendered by third persons. Such services are settled according to the terms and conditions of such third persons and are subject of a separate agreement between you and the respective third person supplying the services. UAB „ATOMIS“ is not responsible for the use of your personal data by such third persons.
UAB „ATOMIS“ may disclose your personal data to third persons in connection with merger, incorporation, restructuring, sale of assets or other corporative changes, whereby, during such processes, UAB „ATOMIS“ is subject to due diligence under the condition that such confidentiality policy continues to settle the access to personal data.
8. Guarantees
UAB „ATOMIS“ complies with the accepted standards of the industry and applies reasonable precautions in order to guarantee the security, integrity and confidentiality of the information submitted to UAB „ATOMIS“
9. Miscellaneous
UAB „ATOMIS“ may store and/or transfer your personal data to its subsidiaries and partners within or outside the EU and EEA member-states in compliance with the compulsory legal provisions and the present Privacy Policy.
UAB „ATOMIS“ may collect data for the evaluation of the general information on the use of products such as the number of visitors of the website and the popular services.
10. Additional information
This Privacy Policy is settled by the Lithuanian legislation except for the conflicting provisions.