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REGULATIONS

STORWARE Electronic Services Rules

 

Before starting to use Storware software, please read these Rules, as well as the Storware Software License Agreement relevant to the Software option you are using. Accepting the Rules shall mean the consent to all the terms and conditions set out herein. Unless the Licensee approves all terms and conditions of the License Agreement and of these Rules, they shall not be authorized to install the Storware Software in whole or any part of it.

I. Definitions

For the purpose of these Rules, the following terms shall have the following meanings:

Storware, Licensor – Storware Spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, ul. Łopuszańska 32, 02-220 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under KRS no. 0000510131, NIP: 5213672602.

Website – the website owned by Storware available at www.storware.eu.

User – any natural person using the Website.

Licensee – a natural person operating a business, a corporate entity or non-corporate entity who legally purchased the Storware Software and who electronically confirmed the acceptance of the Rules and the License Agreement.

Material – any content shared by Storware on the Website or via the Newsletter so that each User may access it at a chosen time and location, including text, graphics, photographs, sound and audiovisual contents.

Software – software solely owned by Storware, constituting work and a computer program within the meaning of the Copyright Act and Related Rights Act of February 4, 1994. The software is intended for data backup, archiving, restoring and sharing.

License – license for Software that the Licensee may purchase in accordance with these Rules.

License Agreement – agreement concluded between Storware and the Licensee for the License within the scope agreed between the Parties, in accordance with these Rules.

Privacy Policy – a document describing important issues of Users’ privacy, particularly including the manner of Users’ personal data protection and rules of data collection using cookie files, available at https://storware.eu/privacy-policy/.

Rules – this document.

Renewal – renewal of services in scope of the technical support and Software update, available after the expiry of 12-month period exclusively under the Unlimited Perpetual License.

Parties – Licensee and Licensor (Storware).

Device – any electronic device with a web browser enabling the User to display and use the Website at the time and place of their choice.

Newsletter – service consisting in submitting information in the form of an email message to the User regarding Software new versions and features, industry events, special offers for Software, to the email address supplied thereby, provided that such User gave their prior consent to receiving such information.

Services – services provided electronically by Storware via the Website and email, particularly consisting of enabling access to Materials, License purchasing and submitting the Newsletter.

Proof of Entitlement (POE) – a document confirming the conclusion of a License Agreement, specifying the remuneration for the Software, the scope of the License with respect to the number of users or devices, type of Software, License model together with the License version specifying the level of technical support as well as the duration of technical support and updates of Software, if not specified in the License model. The POE document also confirms the purchase of a Renewal service, with specified remuneration, duration, scope as regards the number of users or devices and level of technical support for the purchased service.

II. General Information

1. These Rules define the principles, scope and conditions of Users’ and Licensees’ use of the Services provided electronically by Storware.

2. In order to ensure the use of all Services provided via the Website:

2.1. minimum requirements on laptop and desktop computers are as follows:

  • 2 Mbit/s Internet connection,
  • Browser using the HTML5 standard, in particular: Google Chrome 34, Mozilla Firefox 30, Safari 5, Internet Explorer 9, MS Edge,
  • Operating system not older than Windows 7, Ubuntu 13, Mac OS
  • Java Script and cookies enabled.

In order to use full scope of features of some Services, enabling safe data transmission protocol (SSL) in the browser may be necessary.

2.2. minimum requirements on mobile devices – minimum requirements include an operating system that is not older than iOS 7.0 or Android 4.03.

3. The User and the Licensee may clarify any questions regarding the technical possibilities of using the Services by sending an email to: info@storware.eu.

4. Storware shall provide the Services to the User and to the Licensee based on the terms and conditions set out in the Rules. Throughout the provision of the Services, the User and the Licensee shall be obliged to comply with the requirements of these Rules to the extent as they apply thereto.

5. The Software, any third-party software, documentation, interfaces, content, fonts, extensions and any data accompanying the License whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to the Licensee by Storware for use only under the terms of the License. Storware and/or Storware’s licensors retain ownership of the Software itself and reserve all rights not expressly granted to the Licensee.

6. Storware declares its will to enter into the Service agreement upon making given Service available via the Website. The User declares their will to enter into the Service agreement upon requesting a given Service. The conclusion of a Service agreement shall be conditional upon the acceptance of the Rules, whereby Storware may render the use of a given Service conditional upon the acceptance of the Rules in an electronic form. In order to enter into the License Agreement, the Licensee must accept the Rules and the License Agreement Terms and Conditions in electronic form during the Software installation process

7. The User shall be obliged to use the Website in accordance with applicable laws, social standards and customs as well as with the provisions of these Rules. In particular, the User shall be obliged not to:

7.1. publish contents that are against law;

7.2. use the Materials and other components of the Website or the Website as a whole for purposes unrelated to Storware’s provision of Services in favor of the User;

7.3. interrupt the operation of the Website, Storware computer systems, servers or networks. The following are strictly prohibited:

  • obstruct the use of the Website by other persons;
  • record the Materials with the use of any technical means, reproduce, market or disseminate the Materials, in whole or in part.

8. Should a User use the Website in a manner that contradicts the applicable laws, social standards and customs or these Rules, this shall constitute grounds for the immediate termination of the provision of Services to such User.

9. Storware shall hold the exclusive rights to the work constituting part of the Website in whole or in part, and to Materials and other textual, graphic or multimedia components of the Website.

10. Storware does not guarantee the uninterrupted availability of the Website or Service.

III. Newsletter

  1. The User may subscribe to our Newsletter via email.
  2. The User subscribes to the Newsletter service by entering their first and last name and email address, as well as a consent to receive the Newsletter in the form available on the Website and by accepting the Rules.
  3. The user may unsubscribe from the Newsletter service by connecting to the Website using the web address attached at the end of each message submitted as part of the service, by clicking the “Unsubscribe from the Newsletter” link or other link with words that are equivalent in meaning.

IV. Licenses

1. Via its website and email, Storware offers the License in four models:

  • Free – a free of charge license for the Software, concluded for an indefinite period; the license specification is available at: https://storware.eu/licenses/. Storware provides no technical support for the Free License.
  • Trial – 60-day Software license that may be extended for a further period. Under the Trial License, Software shall assist the Licensee in building an environment for License testing. After the Trial License expires, the Licensee may purchase the Subscription or Unlimited Perpetual License.
  • Unlimited Perpetual – license for the Software given for an indefinite period that includes technical support of varying levels, depending on the Licensee’s choice:

– STANDARD SUPPORT – Storware response time of up to 8 hours, support provided 8 hours a day between Monday and Friday, excluding public holidays;

– TITANIUM SUPPORT – Storware response time of up to 4 hours, support provided on a full 24/7 basis.

  • Subscription – license for the Software given for minimum period of 12 months and more, with support provided on a full 24/7 (Titanium Support) model only.

2. Only an entity purchasing the License in direct connection with their business activity can be a Licensee.

3. After purchasing an Unlimited Perpetual License, the Licensee shall be entitled to use the technical support for 12 months according to the model specified in POE and to update the Software. After the expiry of this period, further use of the technical support and Software update downloads will be available after purchasing the Renewal service in the option chosen by the Licensee.

4. Subscription License is granted for a term of 12 months plus, payable in monthly billing cycles. After 12 months the Agreement shall transfer into the Agreement for an indefinite period with each Party’s right to terminate this Agreement with one month’s notice, effective on the last day of the monthly cycle in which the notice period expires if it is provided by the Licensor in a manner inconsistent with these Rules. On termination of the License Agreement related to the Subscription License, the Licensee will no longer be able to use the Software.

5. Storware offers the following types of Software:

  • Storware Backup and Recovery – enabling data backup and restoring for virtual environments, Microsoft 365 and workstations (laptops and desktops);
  • Storware vProtect – enabling data backup and restoring from virtual environments;
  • Storware KODO for Cloud – enabling the backup and restoring of the Microsoft 365 environment;
  • Storware KODO for Endpoint – enabling the backup and restoring of workstations (laptops and desktops).

6. In concluding a License Agreement, the Parties shall specify the type of Software (Storware Backup and Recovery, Storware vProtect, Storware KODO for Cloud, Storware KODO for Endpoint) and the License model (Free, Trial, Unlimited Perpetual with chosen technical support type, Subscription License is available only with Titanium technical support as stated in IV.1. above) as well as the duration, if not specified in the License model.

7. The License shall also include the documentation of the Software as well as any developments, modifications, new versions and updates of the Software created by Storware and provided thereby to the Licensee based on the principles set out in these Rules and in the License Agreement, as well as the technical support according to the selected License model of the S The Software documentation is available at:

8. Storware shall provide the Licensee with a limited, non-transferable and non-exclusive License for the Software (depending on the License model selected), starting from the date of the conclusion of the License Agreement, in accordance with the terms and conditions set out in these Rules, the License Agreement and in POE.

9. A User interested in purchasing a License should use one of the forms available at https://storware.eu/licenses/free/ or https://storware.eu/licenses/trial/ or contact Storware by an email to: globalsales@storware.eu, specifying the requested type of License. Storware shall respond by email, sending a proposal specifying the Software type, model, price and the scope of the License. The Licensee shall place an order for the License by sending an email confirming acceptance of the proposal and by providing the invoice details. After receiving the order, Storware shall send the invoice to the Licensee which shall be paid by bank transfer to the account indicated in the invoice and within the time specified therein. In the case of Subscription License, invoices shall be issued on a monthly basis.

10. A Licensee intending to purchase a Renewal for the Unlimited Perpetual License should contact Storware by sending an email to globalsales@storware.eu and specifying the requested type of technical support. Storware shall respond by submitting an email with a proper The Licensee shall order a Renewal by sending an email accepting the proposal and providing the invoice details. After receiving the proposal acceptance email, Storware shall send the invoice to the Licensee which shall be paid by bank transfer to the account indicated in the invoice and within the time specified therein. The agreement regarding a purchase of Renewal shall be deemed as concluded on the date of payment of the amount indicated in the invoice, understood as the date of crediting Storware’s bank account specified in the invoice with this amount. The provision of the Renewal service shall commence on the date of payment and continue through the period indicated on the invoice and POE. The Renewal service may be terminated by the Licensee subject to three-month notice time, if it is rendered by the Licensor in a manner inconsistent with the Rules.

11. Remuneration for the Software and the scope of the License regarding the number of users or devices by or on which the License may be used, Software type as well as the model and version of the License specifying technical support level are defined in the POE (Proof of Entitlement) document that the Licensee will receive from the Licensor via email. The content of the POE shall be defined on the basis of the proposal accepted by the Licensee in the manner described in item 9 above, the Licensor shall submit the License key to the Licensee, enabling the use of the Software as well as the document confirming the conclusion of the License Agreement, e., POE.

12. The license shall be granted to the Licensor by Storware on the date of submission of the License key.

13. The Software shall be provided by Storware to the Licensee in electronic form, without a data carrier.

14. In order to launch the Software, the Licensee shall, after purchasing the License, download the Software from the FTP site indicated by the Licensor available after logging in with the login and password sent by the Licensor in the email along with the web address and license key, and shall run it using the License key. For details on the Software installation process, please refer to the technical documentation for the relevant License.

15. The Software updates are not installed automatically. The Licensee shall be notified by Storware of available updates and of the method to download them.

16. The technical requirements for using the Software are specified at the following web addresses for particular License versions and are individually established with particular Licensees:

V. Conditions of Storware Software License Agreement

1. The Licensee may use the Software solely in the manner defined in these Rules, the License Agreement and POE. The Licensee shall be prohibited to issue further licenses (sublicenses) for the Software and to sell or provide it in any form, including rental, lease, providing for paid or unpaid use of the Software (including its potential updates), data carriers on which it has been recorded, and any related documentation. The Licensee shall be obliged not to distribute nor to create derivative works or computer programs based on the Software, in its entirety or in part, unless otherwise agreed by the Parties in a separate agreement in documentary form under the pain of nullity.

2. The Licensee shall be entitled to use the Software in the following fields of use: temporary multiplication of the Software in the scope that is necessary for displaying, applying, implementing, storing and regular use of the Software with mobile devices and computers with access to the Software (i.e. displaying, applying, implementing and storing the Software in the computer memory, on a server and on mobile devices), creating a backup copy of the Software if it is essential for the use of a computer program, provided that such copy must not be used simultaneously with the Software.

3. The Licensee undertakes not to reverse engineer or reverse assemble the Software or otherwise attempt to reveal the source code or the manner of creative combination of the individual components of the Software. Decompilating, disassembling and adaptation of the Software, attempting to derive the source code of the Software, decrypt, modify, or create derivative works, as well as making any changes and modifications in the Software is strictly forbidden without obtaining the prior consent of the Licensor in documentary form, except as provided in item 4 below.

4.The Licensor’s consent shall not be required for the multiplication of the code or the translation of its form within the meaning of Article 74 Sec. 4 pt. 1 and 74 Sec. 4 pt. 2 of the Copyright and Related Rights Act of February 4, 1994, if it is essential for obtaining cooperation of an independently developed computer program with other computer programs, as long as the following conditions are observed:

  • such activities are performed by the Licensee or other person authorized to use a copy of the Software or by another person acting on their behalf,
  • the information necessary to achieve interoperability was not previously readily available to the persons referred to in the point above,
  • such activities pertain only to those parts of the original Software which are necessary to achieve interoperability.

5. The information mentioned in item 4 above shall not be:

  • used for purposes other than achieving interoperability of an independently developed computer program;
  • transferred to other persons, unless required for to achieve interoperability of an independently developed computer program;
  • used for the development, production or marketing of a computer program with significantly similar form of expression or for other activities that infringe copyright.

6. The Licensee undertakes not to use, copy, imitate or affix Licensor’s trademarks, utility models, industrial designs, company name or Software name to the Software or any of its components in manner misleading for third parties. The Licensee also undertakes not to remove, hide or change the Licensor’s and third parties’ copyright and trademark information as well as information of reserved rights related to the Software, contained therein or provided in connection with or using the Software. This provision shall relevantly apply to the Website, both in its entirety and its every individual component.

7.The Licensee undertakes not to provide the information contained in the Software documentation to third parties. The Licensee undertakes to keep all information received for the purpose of Software support and related to Storware and its enterprise as confidential.

VI. Technical Support

1. Upon purchase of an Unlimited Perpetual License, the Licensee shall be entitled to use the technical support services according to the model specified in POE for 12 months, provided that all due license fees have been paid to Storware. Upon purchase of a Subscription License, the Licensee shall be entitled to use the technical support services in Titanium Support model for 12 months, provided that all due license fees have been paid to Storware.

2. In the event of failure to pay for the License, Storware shall be entitled to suspend the provision of the technical support services until the invoice issued to the Licensee has been paid in full, including any relevant interest, whereas the suspension time shall be included in the 12-month period mentioned in the item 1 above.

3. The Licensee may obtain technical support related to the Software by contacting Storware:

Furthermore, Storware may provide technical support via remote electronic access and at the Licensee’s premises, if providing technical support is otherwise impossible or significantly obstructed. Technical support for the Software shall be provided in Polish and in English.

4. Technical support services for the Software consist in securing and ensuring uninterrupted operation of the Software and include:

  • sharing updates for the Software based on the conditions set out in these Rules;
  • technical support of the Software in the scope of its updates, diagnostics, damage repair and setting configuration changes.

5. The Storware response time shall be counted from Storware’s confirmation of a technical support request.

6. The activities shall be carried out in a continuous manner, from the commencement until the removal of the malfunction.

7. The notification of a problem by the Licensee should contain the following information:

  • identification details of the Licensee: first name and last name of the notifying person, Licensee’s company name or the License Agreement number, email address;
  • problem description;
  • details of the contact person, including phone number and email address, who can provide further information about of the problem;
  • log files from the environment in which the problem occurred. The log files shall also be understood as screenshots demonstrating incorrect operation of the Software.

VII. Liability and Termination of the License Agreement

1. The Licensee shall be responsible for its own use of the Software including its use by its employees and subordinates.

2. The Licensee shall hold full, unlimited liability in the event of violation of the present Rules or the License Agreement including, in particular, those related to the scope of the License.

3. Should the Licensee use the software from other providers that affects the operation of the Software, the Licensee hereby acknowledges that such a circumstance will exclude all the Licensor’s liabilities towards the Licensee, including the loss of entitlement to any kind of compensation from the Licensor, regardless of grounds and any other claims towards the Licensor.

4. In the event of failure to comply with the terms and conditions of the License Agreement or these Rules, Storware shall be entitled to terminate the License Agreement (or the Renewal agreement in case of using Unlimited Perpetual License), with immediate effect, without the Licensee’s right to reimbursement of the remuneration, either in whole or in part. The declaration of termination of the License Agreement shall be made in documentary form, otherwise the termination shall be null and void. Should Storware terminate the License Agreement for reasons stipulated in this section, the Licensee shall be obliged to return all copies of the Software and all related documents to Storware.

5. Regardless of the termination of the License Agreement mentioned above, Storware shall be entitled to block the Licensee’s use of the Software in the event of finding that the Licensee has materially defaulted the terms and conditions of the License Agreement or of the Rules.

6. At each demand of Storware, within 3 business days of such demand and in the manner agreed between the Licensee and Storware, the Licensee shall make the Software and the Licensee’s hardware platform available for Storware’s audit of the use of the License in accordance with these Rules.

7. The Licensee acknowledges that it is the sole party responsible for the data backed up using the Software and acknowledges that Storware shall not be held liable for the deleting or failing to store any content maintained or transmitted using the Software.

8. Storware shall not be held liable for the adequacy of the Software for the purpose assumed by the Licensee.

9. The Licensee hereby declares that it understands and accepts that Storware and its partners shall not be liable for any indirect, direct, consequential, special or moral damages, including but not limited to compensation for lost profits, loss of good reputation, possibility of data use or other intangible damages resulting from: (I) inadequate use or inability to use the Software; (II) the cost of purchase of goods and services, data, information, as well as received messages or transactions concluded with the use of or via the Software; (III) the access of unauthorized persons to the Licensee’s transmissions or data, (IV) the use and access to the Internet.

10. Storware’s liability under the statutory warranty (rękojmia) with regard to the Software and the provision or non-provision of technical support of technical support is excluded.

11. Under no circumstances shall Storware be liable for lost profits resulting from the Licensee’s use of the Software.

12. Should the Software be modified by the Licensee or a third party, excluding the update thereof in accordance with the notifications submitted by Storware to the Licensee, Storware shall not be liable for the incorrect operation of the Software or any other effects caused by modifications of the Software made by the Licensee.

13. The Software is provided ‘as is’ without any warranty, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. Storware shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) arising in any way out of the use, distribution, or performance of the Software, even if advised of the possibility of such damages. The Licensee acknowledges that the Software may not be error-free or uninterrupted. The Licensee assumes all risks and responsibility for any losses, damages, or expenses resulting from their use of the Software.

14. Under no circumstances shall Storware be liable for data lost during the use of Software or for any other negative consequences for Storware resulting from the Licensee’s use of the Software.

15. The Software includes third party programs which the Licensee uses in accordance with the conditions of licenses of respective programs. The list of third-party programs included in the Software is provided at www.storware.eu/support/3rdpartyproducts.

16. The Licensee acknowledges that Storware is the entity with sole responsibility for the Software and obliges not to contact or notify of any doubts or submit any claims to third parties whose software has been used in the Storware Software.

17. In any case, the total liability of Storware under this Agreement shall be limited to the remuneration for which the Licensee purchased the License from Storware.

18. In each case the declaration of termination (notice) of the License Agreements including shall be made in documentary form, otherwise the termination shall be null and void.

19. Regulations of termination from the Agreement are regulated by separate Agreements concluded by the parties.

VIII. Force Majeure

1. For the purposes of this Rules “Force Majeure” means any event defined as remaining beyond either Party’s control or a natural disaster or events which are impossible (or hardly possible) to foresee and any events, the consequences of which could not have been prevented, including but not limited to acts of God, war, terrorism, civil unrest, strikes, labor disputes, natural disasters, governmental actions, pandemic, epidemic, or any other event beyond the reasonable control of the affected party.

2. The Parties shall not be deemed to have breached their obligations under the License Agreement if they have no possibility of performing all or part of such obligations as a result of the impact of Force Majeure on condition that the failing Party advised the other Party of the same by registered mail against confirmation of receipt within fourteen (14) calendar days from occurrence of the event.

3. The failing Party should take every effort to reduce the consequences of the impact of Force Majeure and find a proper solution in order to resume performance of those obligations as soon as possible.

4. If the time of suspension exceeds a period of three months, each of the Parties shall be entitled to terminate the License Agreement without notice of termination and without the right to demand compensation for such termination, by registered mail against confirmation of receipt.

5. Notwithstanding any provision of this agreement, the party affected by the Force Majeure event shall not be excused from payment obligations arising before the occurrence of the Force Majeure event. Furthermore, the party affected by the Force Majeure event shall take all reasonable steps to minimize any delay or disruption caused by the Force Majeure event and shall resume the performance of its obligations promptly after the Force Majeure event ceases.

IX. Contact with Storware and Complaints

1. Any complaints shall be submitted to Storware by email to: globalsales@storware.eu.

2. Submission of a complaint mentioned in section 1 above shall include, at least, the description of the subject of the complaint, date and time a problem occurred.

3. Storware shall address the complaint submitted in accordance with section 1 above within 14 days of receiving such a complaint, whereas in particularly complex situations – within 30 days at the latest.

4. Storware shall address the User’s complaint in accordance with section 3 above, via email to the email address from which the complaint was sent.

X. Personal Data Protection

The User personal data protection, conditions of data collection with cookie files and other important privacy issues pertaining to the Website are governed by the Privacy Policy available at: https://storware.eu/privacy-policy/ and in relevant privacy notices.

XI. Final Provisions

1. These Rules, including the License shall be subject to Polish law and any disputes shall be resolved by a public court of competent jurisdiction for the seat of Storware.

2. In any cases not governed by these Rules, regulations of the Polish law shall apply, particularly relating to the provision of services with electronic means, the Copyright and Related Rights Act and of the Polish Civil Code.

3. These Rules shall enter into force on June 1st, 2023. Amendments to the Rules do not affect the terms and conditions of Licenses granted before the new version of the Rules came into force.

4. For the purposes of this Rules, documentary form shall mean statements of intent made by the Parties’ representatives by email.

5. These Rules may be subject to amendment by Storware based on the principles set out below. Should these Rules be amended, a new version thereof shall be published on the Website including its effective date. The relationships between Storware and the Licensee shall be governed by the Rules in force as at the date of the conclusion of the License Agreement, until the Licensee has accepted the new Rules. The effects of failing to accept the new Rules shall be, from time to time, defined by Storware with consideration of the nature of the amendments made to the Rules, which shall be notified of by Storware upon the publication of the new Rules.

6. These Rules are published free of charge via the Website in the form enabling the download, viewing and saving of its contents using an applicable IT system.

7. Storware reserves that the Software does not cover special functions for making it more accessible to a range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these.

8. The Software may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while using the Software, please immediately discontinue using the Software and consult a doctor.

STORWARE Spółka z Ograniczona Odpowiedzialnością with registration number: KRS 0000510131 and Tax ID: PL5213672602, seated in Warsaw 02-220 on Łopuszańska 32 Street, tax number: PL5213672602, is the Polish company, build in 2014, producing software for data storage, backup and recovery, with operations in over 140 countries with share capital of 1 367 900,00 PLN.