End–User Software License Agreement

This End-User Software License Agreement is between:

The Customer (You) and temporary license provider (Petr Galík MSCS based in V Ladech 3, Praha 4 – Šeberov, IČ: 03709621, DIČ: CZ8605190187). In the following text the temporary license provider is labeled as Licensor.

Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

By selecting the ACCEPT option you accept and agree to be bound by the terms of this agreement. You must agree to all of the terms of this agreement before you will be allowed to use the Software program.  No alterations or exceptions are possible. If you do not agree to all the terms of this agreement, you must decline and must not use the software program.

1.      GENERAL TERMS AND CONDITIONS

1)      This Software program is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.

2)      By using the Software program (services), you agree to be bounded by the terms of this EULA.

3)      Software program means the computer hardware and software, converted data, system interfaces, internet services, databases and documentation that are to be installed by the Licensor and implemented by Customer, including the Deliverables to be provided by the Licensor to Customer all as contemplated hereunder, as the same may be upgraded, improved, enhanced or otherwise modified or adapted from time to time in case other Conditions are not imposed on the delivered system. In this case those conditions will apply.

4)      Improvements mean any improvements, updates, variations, modifications, alterations, additions, error corrections, enhancements, functional changes or other changes to the Licensed Computer Programs and Documentation.

5)      Services means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;

6)      Documentation means the technical and user documentation to be provided by the Licensor in the English language.

6.1. Any person that has valid access to your computer or internal network may

 copy and use the documentation for your internal reference purposes

7)      Confidential Information cannot be made public and means all confidential, scientific, technical, financial, business and other information, all manufacturing, marketing, sales and distribution data, all scientific and test data, documents, methods, techniques, formulations, operations, know-how, experience, skills, trade secrets, computer programs and systems, processes, practices, ideas, inventions, designs, samples, plans and drawings.

8)      The Customer is responsible to maintain the confidentiality of his password and shall be responsible for all uses via the registration and/or login, whether authorized or unauthorized by him. The Customer agrees to immediately notify the Licensor of any unauthorized use or credentials and user account.

9)      This EULA shall come into force upon the Effective Date. Effective Date is 01/01/2016.

 

2.      LICENCE

1)      The Licensor hereby grants to the Customer from the date of supply of the Software or services to the Customer  non-exclusive license to:

2.1.1.        Use the Software program

2.1.2.        Use the Software services
 

3.      PERSONAL DATA PROTECTION

1)     Basis for legal provisions

Controller of its personal information and information obtained by the survey response collection is the customer. The processor of the personal information is the licensor.

All provided information will be processed with the compliance with the effective legislative of the Czech Republic, most importantly in compliance with the law 101/2000 Sb., law on data protection.  

If you would like to contact us, you can do so by sending a letter to our headquarters or by sending an email to info(at)akiosurvey.com.

2)     Scope of the processed personal data

The scope of personal information is determined and controlled by the controller of the personal information.

The information identifying customer as an individual are first name, last name, address, email and IP address. For company customers these include company name, company identification number, VAT identifier (if assigned), address, email and IP address.

3)     Processing activity related records

Apart from the information mentioned in the section II the licensor records, stores and processes the information regarding the online and offline activities of the subject of personal information. The licensor monitors activity on this web site, openings of sent emails, performed payments and gifts. The licensor may interconnect all personal information with publicly available information sources.

4)     Profiling the subjects of personal information

The licensor reserves right to create logical groups from the subjects of personal information and profile them on this basis.

5)     Purpose and the period of personal data processing

Personal information is processed for further communication between the licensor and the customer. This information will be kept the whole time of the active registration. Personal information may also be processed for marketing proposes of the licensor. Information related to payments and gifts will be stored for accounting purposes for 10 years from transaction.

6)     Publishing of personal information obtained by survey

The responsibility for setting the visibility of surveys and respondent’s responses is on the customer. The same applies for further work with the information obtained using AkioSurvey platform.

7)     Agreement with the personal data processing

You provide agreement with these statements. This agreement can remove any point in time. 

8)     External processing of personal information

Processing of the personal information is done by the licensor. However, the personal information can also be processed by other processing software providers used by the licensor.

9)     Advice on the rights of personal data subject

Please be advised that based on the law on data protection you have the option to take your approval at any time back, request from us what personal information we process, request explanation from us regarding the data processing, request access to this information and have the information updated or corrected, request the removal of these personal information. In case of uncertainty regarding data processing please contact us or the office for data protection.

 

4.      RIGHTS

1)      By adhering to the License conditions, you have the following rights:

4.1.1.      Access and use the Software program (services) on your device

4.1.2.      The company provides Software program (services) available exclusively via the Internet.

4.1.3.      The Software program is not being sold only licensed. This Agreement provides only certain rights to this Software program. All other rights are kept by the company Petr Galík MSCS, AkioSurvey.com

4.1.4.      This Software program can be used only in accordance with this terms and conditions.

4.1.5.      You must adhere to all technical limitations of the Software program, which limit its use.

2)      You cannot

4.2.1.      Overstep any technical limitations of Software program

4.2.2.      Conduct a revers analysis, decompilation or transfer of the source code, except those activities that are specifically allowed 

4.2.3.      Make more copies of the Software program than agreed upon by this Agreement

4.2.4.      Publish the Software program for others to copy

4.2.5.      Lease or lend the Software program

4.2.6.      Transfer the Software program to a third party

4.2.7.      Use the Software program for commercial software hosting services

 

5.      BACKUP COPY

1)      You may make screenshots from the Software program. You may use it only for personal purposes.

 

6.      TRANSFER TO OTHER DEVICES  

1)      You may use the Software program on another device.

2)      You cannot perform this operation in order to share this license between users.

 

7.      WARRANTIES

1)      The Licensor of this Software program expressly disclaims any warranty for the Software program. The Software program and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software program remains with the Customer.

 

8.      LIABILITY FOR DAMAGES

1)      In no event shall the Licensor of this Software program be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Licensor of this Software program is aware of the possibility of such damages and known defects.

2)      The Licensor shall not be responsible for any insufficiency of the documentation filed in electronic form using the Software program, e.g. due to a need to maintain a part of the documentation on paper, loss or corruption of data on carriers storing the documentation, changes in the means enabling to read the carriers storing the  documentation, etc. The Customer is therefore advised to regularly "renovate" the electronic data carriers storing the documentation.

3)      The Licensor shall not be liable for any damages caused by any unqualified operation, defect in technical equipment, failure to observe the operating instructions laid down in the user documentation, violation of the Licensing Terms and Conditions or of a computer virus attack.

4)      The Licensor states that some sections of the Software program functionality are based on data obtained by the Licensor from third persons and the data becomes a part of the Software program as a result of its processing by the Licensor. The Customer acknowledges that such data is intended solely to be a source of information for the Customer activities and the Licensor has no responsibility for the accuracy and completeness of such data. Because some data can have a time-dependent nature, such as drug information, the Licensor reserves the right to limit the life of the databases in the Software program. The Customer shall be notified of this fact by the Software program, when purchasing the products.

5)      From time to time, it is necessary to carry out planned maintenance on the System, which may result in the Software program (services) being unavailable for a period of time. The user will be informed about the planned maintenances by message after login to Software program.

 

9.      FINAL PROVISIONS

1)      The parties hereto confirm and agree that this Agreement is the entire and complete agreement between them, and that this Agreement supersedes any previous oral or written communications, negotiations, representations, understandings or agreements between the parties with respect to the subject matter hereof.

2)      This Agreement and all amendments, modifications, alterations or supplements thereto shall, in all respects, be subject to and interpreted, construed and enforced in accordance with the laws of the Czech Republic.

3)      The parties and their representatives signing this Agreement hereby acknowledge and represent that the representatives signing this Agreement are duly authorized agents of the parties hereto and are authorized and have full authority to enter into this Agreement on behalf of the parties for whom they are signing.

4)      The Customer states he has been made familiar with the Software program´s purpose and basic controls and he has the tools necessary to operate the Software program.

5)      In order to extend and improve the Software program and related services (e.g. automatic Software program upgrading) the Licensor reserves the right to acquire information from the Licensee regarding the way in, which the Software program is utilized by the Licensee. This information shall always be anonymous, preventing the identification of the Customer.

6)      The Licensor reserves the right to incorporate commercial and other messages into the Software program, if not agreed otherwise.

7)      The Licensor reserves the right to limit parameters and availability of the Software program for Customer overloading the Licensor’s System.

 

10.  THIRD-PARTY LEGAL NOTICES
JQuery is licensed under the MIT License (MIT).
Copyright (c) 2012 JQuery Foundation and other contributors


Permission for this is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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HTML DOM Parser is licensed under the MIT License (MIT).
Copyright (c) 2015 Woo Won Kim

Permission for this is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Slider Pro (jQuery plugin) Parser is licensed under the MIT License (MIT).
Copyright (c) 2012 Phil Parsons, philparsons.co.uk


Permission for this is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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JSColor is licensed under the LGPL license of the Free Software Foundation.
Copyright (c) 2015 East Desire, http://jscolor.com/

This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.


This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

Copy of the GNU General Public License can be found at <http://www.gnu.org/licenses/>.

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PHPExcel is licensed under the LGPL license of the Free Software Foundation.
Copyright (c) 2014  PHPExcel, http://phpexcel.codeplex.com/

This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.


This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

Copy of the GNU General Public License can be found at <http://www.gnu.org/licenses/>.

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HTML2PDF is licensed under the LGPL license of the Free Software Foundation.
Copyright (c) 2015  HTML2PDF, http://html2pdf.fr/

This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.


This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

Copy of the GNU General Public License can be found at <http://www.gnu.org/licenses/>.

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Securimage is licensed under FreeBSD License of the The FreeBSD Project.

Copyright (c) 2011 Drew Phillips

All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

 

- Redistributions of source code must retain the above copyright notice,

  this list of conditions and the following disclaimer.

- Redistributions in binary form must reproduce the above copyright notice,

  this list of conditions and the following disclaimer in the documentation

  and/or other materials provided with the distribution.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"

AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS 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) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN

CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE

POSSIBILITY OF SUCH DAMAGE.

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clipboard.js is licensed under the MIT License (MIT).
Copyright © 2016 Zeno Rocha <hi@zenorocha.com>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

11.  TERMINATION

1)      Without prejudice to any other rights, the Licensor of this Software program may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must stop using the Software program and all of its component parts.

2)      The Licensor may terminate this EULA by notifying to the Customer by email or phone. The notice will be sent so there is at least 30 days prior to the account termination.        

3)      The Customer may terminate this EULA by notifying the Licensor by closing the account from the Software program, by email or phone. After receiving the notice the Licensor reserves a right to keep the account open for 30 days.

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