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Virtual Human Technologies
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Terms and Conditions („Terms
of commercial company Virtual Human Technologies s.r.o., with
registered office at Na Folimance 2155/15, Vinohrady, 120 00 Praha 2,
ID No: 039 01 408, registered
in the Commercial Register administered by the Municipal Court in Prague,
section C, insert 239006 (the „Seller“)
regulate in compliance with Section 1751 subsection 1 of Act No.
89/2012 Coll., the Czech Civil Code („Civil
mutual rights and obligations originated in connection with or
based on the purchase agreement („Purchase
entered into by Seller and another person („Purchaser“)
through the e-shop of the Seller. The e-shop is run by Seller on
website address https://publicspeaking.tech/shop (the „Website“),
and that through interface of the website (the „Interface
and Conditions do not apply in situations when person who intends
to buy Apps from the Seller is artificial legal person or person,
who acts within its business activity or independent profession
while ordering goods.
different from Terms and Conditions can be negotiated in the
Purchase Agreement. Any different provision in the Purchase
Agreement has priority over provisions in these Terms and
of Terms and Conditions are an inseparable part of the Purchase
Agreement. The Purchase Agreement and Terms and Conditions are
drafted and executed in two counterparts in the Czech and English
language. The Purchase Agreement can be entered into either in
Czech or in English language.
Seller offers exclusively digital content on his website. Relevant
items are applications for devices for virtual reality („Apps“)
including add-ons to these Apps („Add-Ons“).
If the term App appears in these Terms and Conditions, it refers to
the App itself including Add-Ons. In accordance with Section 1811
subsection 2 paragraph h) and i) the Seller declares that the Apps
may only be used on the following devices: PC with operating system
Windows 7 or newer used in conjunction with an acceptable
Head-mounted display (HMD). The PC must meet at least the minimum
requirements set forth by the HMD producer. Approved HMDs are the
HTC Vive and Oculus Rift. Seller shall not be liable for the
malfunction of the App when used on other devices. The Seller
declares that separately purchased Add-Ons to the App are solely
designed for use in connection with the App and that these Add-Ons
will not function if the Purchaser is not an authorized licensee to
use the App. Seller shall not be liable for the malfunction of the
separately purchased Add-Ons in the case that the Purchaser is not
an authorized licensee to use the App.
user license agreement („EULA“)
is along with these Terms and Conditions also an inseparable part
of the contractual relationship between Purchaser and Seller.
and Conditions may be modified or amended by the Seller. This
provision shall not affect the rights and obligations arisen
throughout the effective period of the previous version of Terms
registration and the use of the Seller´s website is governed
by the website Terms of Service available https://www.virtualhumantechnologies.com/terms-of-service/.
CONCLUsION OF THE Purchase Agreement
presentation of the Apps hosted in the web interface of the shop is
only informative and the Seller is not obliged to conclude a
purchase agreement regarding these applications. The provision of
Section 1732 subsection 2 of the Czech Civil Code shall not apply.
prices of the Apps listed on the website are always exclusive of
value added tax and all related charges. VAT and other related
charges shall be added to the purchase price during the ordering
process in accordance with binding tax legislation. Since in the
initial phase the order is only determined by the IP address of the
Purchaser, the taxes are not definite and it may be subsequently
modified based on additional information provided by the Purchaser
in accordance with binding tax legislation.
prices of the Apps remain valid as long as they are displayed on
the web interface of the e-shop and can be modified at any time.
The Purchaser's right to conclude the Purchase Agreement under
individually negotiated conditions is not restricted by this
order the Apps the Purchaser fills in the order form on the web
interface of the e-shop. The order form contains particularly the
ordered Apps (the Purchaser shall „Add to Cart“ the
ordered Apps into an electronic shopping cart on the web interface
of the shop);
method of payment of the purchase price of Apps and
information about the required method of delivery of ordered Apps
(hereinafter collectively as the „Order“).
sending the Order to the Seller, the Purchaser is allowed to check
and modify the data in the Order submitted by the Purchaser and
even to detect and correct errors which have arisen while entering
data into the Order. The Purchaser sends the Order by clicking on
the „Submit“ button. Seller considers the information
in the Order to be correct. Immediately upon receipt of the Order,
the Seller shall confirm the receipt by electronic mail to the
Purchaser's email address indicated in the user's account or in the
Seller is always entitled, depending on the nature of the order
(number of Apps, purchase price, etc.), to ask the Purchaser for
additional confirmation of the order (for example by writing or by
contractual relationship between the Seller and the Purchaser
arises by delivery of the acceptance of the Order which is sent to
the Purchaser by electronic mail to the Purchaser´s email
Purchaser agrees with the use of means of distance communication in
the process of conclusion of the Purchase Agreement. The costs
arisen with usage of the means of distance communication connected
with the conclusion of the Purchase Agreement and connected with
downloading of the Apps from the Website (costs for the internet
connection, etc.) are paid by the Purchaser himself, and these
costs are not differentiated from the basic rate.
PRICE OF APPS AND THE TERMS OF PAYMENT
price of Apps and the prospective costs connected with delivery of
Apps can be paid by the Purchaser by these following means: - Cashless
in EUR by transfer on Seller´s account maintained by Komerční
banka, BIC/SWIFT KOMBCZPPXXX, account no. 1079966960297/0100,
IBAN: CZ3601000001079966960297; - Cashless in USD by transfer on
Seller´s account maintained by Komerční banka,
BIC/SWIFT KOMBCZPPXXX, account no. 1152215620257/0100,
IBAN: CZ9001000001152215620257. (accounts hereinafter collectively referred to as the
accounts“); - Cashless
by credit card.
not stated otherwise, the purchase price includes also costs
connected with the delivery of the Apps.
Seller does not require from the Purchaser an advance payment or
another similar payment. However, the article 4.6 of these Terms
and Conditions which states the obligation to pay the purchase
price in advance is not affected by this provision.
the case of cashless payment, the purchase price is due within 30
days of the conclusion of the Purchase Agreement.
the case of cashless payment to the Seller's accounts, the
Purchaser is obliged to pay the purchase price together with
stating the number of the Order in the payment notes. Obligation of
the purchaser to pay the purchase price is fulfilled at the moment
when the purchase price is credited to the Seller´s account.
Seller is entitled to require the payment of the full purchase
price before sending a link to download the Apps to the Purchaser.
Section 2119 subsection 1 of the Czech Civil Code shall not apply.
discounts from the price of Apps provided by the Seller to the
Purchaser cannot be mutually combined. If the discount provided by
the Seller is determined by submission of a document proving
Purchaser’s status (e.g. study record, certificate of
educational institution status etc.), this discount will be
provided after the submission of relevant document and approval of
the discount by the Seller.
it be common in business relations or shall it be provided by
applicable legislation, the Seller will issue to the Purchaser the
tax document - an invoice about the payments conducted according to
the Purchase Agreement. The Seller's VAT registration number is
CZ03901408. The tax document – invoice will be issued
immediately after the completion of the Order and will be available
from the user account of the Purchaser on the website https://publicspeaking.tech/my-account.
According to Czech Act No. 112/2016 Coll., on Registration of Sales the Seller is obliged to issue a receipt to the Purchaser. At the same time the Seller is obliged to register the sale to tax administrator online; in case of a technical problems within 48 hours at the latest.
FROM THE Purchase Agreement
Purchaser hereby expressly agrees according to Section 1837
paragraph l) of the Czech Civil Code, that the App will be delivered
before elapsing of the statutory time period for withdrawal. The
Seller hereby notify to the Purchaser, that Purchaser does not have
lawful right to withdraw from the Purchase Agreement in the case of
delivering the App before elapsing the statutory time period for
withdrawal according to Section 1837 paragraph l) of the Czech Civil
spite of article 5.1. of these Terms and Conditions, the Seller
enables the Purchaser to withdraw from the Purchase Agreement
within fifteen (15) days from the moment of conclusion the Purchase
Agreement by sending request to the email address email@example.com.
The request has to contain following information: - the
number of the Order; - the name of Purchaser; - the date
of Order; - short
explanation about the reasons for withdrawal.
the case of a withdrawal by the Purchaser, the Purchase Agreement
is canceled from the beginning at the moment of approval of such
withdrawal by the Seller. The Seller usually decides about the
withdrawal within two (2) business days after receiving the
withdrawal. Not stating any of the required information according
to article 5.2 may slow the process of decision about withdrawal.
Purchaser is obliged in the case of withdrawal to uninstall and delete all
downloaded Apps from their devices. Seller reserves the right not
to let the Purchaser withdraw from the Contract even the
requirements in the article 5.2. were fulfilled in case of special
the case of withdrawal from Purchase Agreement according to the
article 5.2. of Terms and Conditions, the Seller shall return to
the Purchaser the purchase price accepted from Purchaser within
fourteen (14) days from Purchaser´s withdrawal from Purchase
Agreement in the same method of payment used by the Purchaser, eventually by another method agreed by the Seller and the Purchaser. Return shall mean the moment when the Seller orders the payment to the payment institution. Should there be any special costs on the side of the Seller connected with the method of payment used by the Purchaser, the Seller is entitled to set off these costs against the refunded purchase price without prior consent of the Purchaser. If the Purchaser
will withdraw from the Purchase Agreement, the Seller is not
obliged to return the purchase price sooner than at the moment when
the Purchaser deletes all the downloaded and not yet installed Apps
from their devices and the Seller is entitled to ask the Purchaser to verify this fact.
the situations when the Purchaser has the right to withdraw from
the Purchase Agreement, the Seller is also entitled to withdraw
from the Purchase Agreement at any time, until the Apps are
downloaded by the Purchaser. In such case, the Seller shall return
to the Purchaser the purchase price cashless in the same method of payment used by the Purchaser, eventually by another method agreed by the Seller and the Purchaser.
OF THE APPs
ordered Apps shall be delivered to the Purchaser exclusively as a
digital content. After payment of the purchase price, the link to
download the ordered Apps will be delivered to Purchaser’s
the case that from Purchaser's reasons the Apps have to be
delivered by different means than by the mean stated in article 6.1
of the Terms and Conditions and such mean would be expressly
approved by the Seller, the Purchaser is obliged to pay the costs
connected with this different mean of delivery.
the Purchase Agreement is entered into only for the Add-Ons to the
App which broaden the functions of the App and are not delivered
together with the App these Add-Ons are ordered directly through
the App. The Purchaser may download the Add-Ons through the App and
install them to his device as part of the App after the payment of
the purchase price.
other rights and obligations of the contracting parties connected
with the delivery of the Apps may be regulated by the special
delivery conditions of the Seller, if Seller has issued such
FROM THE DEFECTIVE performance
rights and obligations of the contracting parties regarding
defective performance are governed by the applicable legislation.
Seller is liable to the Purchaser that the App does not have any
defections at the moment of the acceptance. Especially, the Seller
is liable that at the moment the Purchaser accepted the App:
App has quality, which was arranged by the parties, and if such
arrangement is missing, it has quality which was described by the
Seller, or which was expected by the Purchaser regarding the
nature of the Apps and based on advertisements;
App is suitable for the aim, which is stated by the Seller or to
which is the App usually used for;
App has quality and performance of the agreed sample or model, if
the quality was determined by the agreed sample or model;
App is in the agreed amount and
App suits to the requirements of the legal regulations.
Seller notes that the Apps are designed for practicing public
speaking and may help in dealing with the fear of public speaking,
but the Seller does not guarantee that the Apps will get rid of
Purchaser’s fear of public speaking completely and in a short
term. The application has to be used repeatedly and regularly to
achieve the desired results.
Purchaser may claim the rights from the defective performance by
sending an email on Seller’s email address
rights and obligations
Purchaser shall require the license to use the App upon payment of
the full amount of the purchase price for the App, agreeing with
these Terms and Conditions and by entering into EULA.
Seller is not bound by any codes of conduct within the meaning of
Section 1826 subsection 1 paragraph e) of the Czech Civil Code in the
relationship with the Purchaser.
with the complaints of the consumers is conducted by the Seller
through the email address firstname.lastname@example.org. The information about the decision about complaint of the Purchaser
will be sent by the Seller to the Purchaser’s email address.
the alternative dispute resolutions from the consumer Purchase
Agreement the appropriate body is the Czech Trade Inspection
Authority, with registered office at Štěpánská
567/15, 120 00 Praha 2, ID no.: 000 20 869, website
Platform for resolving the disputes online located on the website
address http://ec.europa.eu/consumers/odr may be used when
resolving the disputes between the Seller and the Purchaser from
the Purchase Agreement.
consumer center for Czech Republic, with registered office at
Štěpánská 567/15, 120 00 Praha 2, website
address: http://www.evropskyspotrebitel.cz is the contact place
according to Regulation of European Parliament and of the Council
of the European Union No. 524/2013 of 21 May 2013 on online dispute
resolution for consumer disputes and amending Regulation (EC) No.
2006/2004 and directive No. 2009/22/EC (regulation on consumer
Seller is entitled to sell the Apps based on trading certificate.
Trading control is conducted by the relevant trade licensing
office. Supervision over the protection of personal data is
conducted by the Office for Personal Data Protection. Czech Trade
Inspection Authority conducts in the defined scope among other
things the supervision over complying with Act No. 634/1992
Coll., about consumer protection, as amended.
Purchaser hereby takes over the danger of change of circumstances
within the meaning of the Section 1765 subsection 2 of the Czech Civil
PROTECTION OF PERSONAL DATA
protection of Purchaser´s personal data, who is natural
person, is provided by Act No. 101/2000 Coll., on Personal Data
Protection, as amended.
Purchaser agrees with processing of the following personal data:
name and surname, home address, tax identification number, email
address, and phone number (hereinafter collectively as the „personal
Purchaser agrees with processing of the personal data for the
purpose of the realization of the rights and obligations under the
Purchase Agreement and for the purpose of maintaining the user
account. Shall the Purchaser
not choose another option, he also consents with the processing of
the personal data for the purpose of sending commercial messages
and information by the Seller. The consent with processing of the
personal data for all purposes in this article is not a requirement
that would in itself make it impossible to conclude the Purchase
Purchaser acknowledges that he is oblige to state his personal data
(upon registration, in his user account and when ordering from
e-shop) correctly and truthfully and shall promptly notify the
Seller about any changes in his personal data.
Seller cannot appoint the processing of the Purchaser's personal
data to a third person as a processor. The
information about the Purchaser shall not be forwarded
to any the third parties without the prior consent of the
data will be processed indefinitely. Personal data will be
processed electronically in an automated manner or in printed form
in a non-automated manner.
Purchaser confirms that the personal data provided by him are
accurate and that he was advised that it is voluntary to provide
the case that the Purchaser assumes that the Seller or the
processor (according to article 9.5) performs the processing of his
personal data that is inconsistent with the protection of private
and personal life of the Purchaser or in conflict with the law,
especially if the personal data are inaccurate in connection with
the purpose of processing, the Purchaser can:
the Seller or processor for explanation;
the Seller or the processor remove the situation.
the Purchaser requests any information regarding the processing of
his personal data, the Seller shall deliver this information. The
Seller has the right to ask for reasonable compensation not
exceeding the costs of providing the necessary information
connected with providing information pursuant to the preceding
THE BUSINESS COMMUNICATIONS AND SAVING OF COOKIE
Purchaser agrees to receive the information related to the Apps,
services or the business of the Seller to the Purchaser´s
email address and further agrees to
receive commercial communication by the Seller on the Purchaser´s
Purchaser agrees with saving so called cookies on his computer. In
case that the purchase on the Website can be done and fulfilled
without saving the cookies on the Purchaser´s computer, the
Purchaser can revoke his consent according to the previous sentence
can be delivered on the Purchaser´s email address.
Terms and Conditions shall be used appropriately also on the Apps
and Add-ons that are offered free of charge.
the relationship based on the Purchase Agreement contains
international (foreign) element then the parties hereby agree that
the relationship is governed by the Czech law. This
does not affect the rights of consumers resulting from generally
any provision of these Terms and Conditions is invalid or
ineffective or later becomes, a provision whose meaning is most
closely to the invalid provision replaces it. The invalidity or
unenforceability of one provision is without effect to the other
Purchase Agreement including the Terms and Conditions is archived
by the Seller in electronic form and is not accessible.
contact details of the Seller: postal address Na Folimance
2155/5, 120 00 Praha 2, Czech Republic,
email address email@example.com.
In Prague on 28
EULA sets up the rights and duties of the User and VHT regarding to
the use of the Software based on the installation of the Enterprise
Edition or Personal Edition of the Software.
EULA shall come into force the date upon which the User installs the
EULA shall continue in force indefinitely, subject to termination in
accordance with Clause 11.
to the extent expressly provided otherwise, in this EULA:
means the documentation for the Software produced by VHT and delivered or made available by VHT to the User;
means this end user licence agreement, including any amendments to
this end user licence agreement from time to time;
Edition” means a license
for the Software for use by a multiple persons within a single
organization. The Software under the Enterprise Edition is licensed
per seat (installation on a single computer) for a period of time,
typically one (1) year. The time period may be extended by renewing
the license at an additional cost. Enterprise Edition licenses
provide access to all Maintenance Services.
Majeure Event" means an
event, or a series of related events, that is outside the reasonable
control of the party affected (including failures of the internet or
any public telecommunications network, hacker attacks, denial of
service attacks, virus or other malicious software attacks or
infections, power failures, industrial disputes affecting any third
party, changes to the law, disasters, explosions, fires, floods,
riots, terrorist attacks and wars);
means an entity which supplies to the User a virtual reality device
known as a Head Mounted Display (HMD).
Property Rights" means
all intellectual property rights wherever in the world, whether
registrable or unregistrable, registered or unregistered, including
any application or right of application for such rights (and these
"intellectual property rights" include copyright and
related rights, database rights, confidential information, trade
secrets, know-how, business names, trade names, trade marks, service
marks, passing off rights, unfair competition rights, patents, petty
patents, utility models);
means a computer file which describes the license details and enables
the software to work for the terms of the license. This file is
provided by VHT upon completion of license purchase/renewal. A valid
license file is required for installation and execution of the
Indemnity Event" has the
meaning given to it in Clause 8.1;
Services" means the
application to the Software of Updates and Upgrades;
Edition” means a version
of the Software which is licensed for use by a single person on a single install. The license is for a single major version
of the Software.
means any services that the VHT provides to the User, or has an obligation to provide to the User,
under this EULA;
means the Virtual Orator software package, including any additional
components which may be downloaded at a later date;
Specification" means the
specification for the Software set out in the Documentation;
means the term of this EULA, commencing in accordance with Clause 1.2
and ending in accordance with Clause 1.3;
means a patch or minor version update to the Software;
means a major version upgrade of the Software;
means the person or authorized persons within the organization, to
whom the VHT grants a right to use the Software under this EULA;
Indemnity Event" has the
meaning given to it in Clause 8.3.; and
Human Technologies s.r.o. with its registered seat at Na Folimance
2155/15, Vinohrady, 120 00 Praha 2, Business
Identification Number: 039 01 408, registered in the Commercial
Register maintained by Municipal Court at Prague, Section C, Insert
no. 239 006.
3.1 VHT hereby grants to the User a licence to:
the Software on
a single computer for Personal Edition licensees;
as many computers as licenses have been issued for Enterprise Edition
licensees. The number of licenses is stated in the License File.
the Software for
following period of time:
(i) indefinite time
for Personal Edition licensees;
one year for Enterprise Edition licensees.
use the Software in accordance with the Documentation and
any regulations set forth in the documentation or user agreement of
their Hardware Provider;
store and maintain up to 2 back-up copies of the Software; and
the Software in the whole world,
to the limitations and prohibitions set out and referred to in this
User may not sub-license and must not purport to sub-license any
rights granted under Clause 3.1.
to the extent expressly permitted by this EULA or required by
applicable law on a non-excludable basis, any licence granted under
this Clause 3 shall be subject to the following prohibitions:
User must not sell, resell, rent, lease, loan, supply, publish,
distribute or redistribute the Software;
User must not alter, edit or adapt the Software;
User must not decompile, de-obfuscate or reverse engineer, or attempt
to decompile, de-obfuscate or reverse engineer, the Software;
User shall be responsible for the security of copies of the Software
supplied to the User under this EULA and shall use all reasonable
endeavours (including all reasonable security measures) to ensure
that access to such copies is restricted to persons authorised to use
them under this EULA.
third-party materials may be included in the Software and may be
subject to other terms and conditions. These terms and conditions can
be found in a “ThirdPartyLicenses” file included with the
installed Software. The User undertakes to follow these terms. The
breach of these terms is considered as a breach of this EULA.
grant of the license is susceptible to the license fee in the actual
amount stated in the price list published on website
may, at its sole discretion, provide Maintenance Services to the User
during the Term. VHT shall provide the Maintenance Services with
reasonable skill and care according to industry standards. Maintenance
Services are provided only for the Term.
the User’s computer is connected to the Internet, the Software
may, without additional notice, check for Updates and Upgrades that
are available for the installed system. Download and application of
Maintenance Services occur when initialized by User. Only
non-personally identifying information is transmitted to VHT, except
to the extent that IP Addresses may be consider personally
identifying in some jurisdictions.
assignment of Intellectual Property Rights
in this EULA shall operate to assign or transfer any Intellectual
Property Rights from VHT to the User, or from the User to VHT.
6.1 VHT warrants
to the User that it has the legal right and authority to enter into
this EULA and to perform its obligations under the EULA.
User warrants to VHT that it has the legal right and authority to
enter into this EULA and to perform its obligations under the EULA.
of the parties' warranties and representations in respect of the
subject matter of this EULA are expressly set out in this EULA. To
the maximum extent permitted by applicable law, no other warranties
or representations concerning the subject matter of this EULA will be
implied into the EULA or any related contract.
and warranty limitations
User acknowledges that complex software is never wholly free from
defects, errors and bugs; and subject to the other provisions of this
EULA, VHT gives no warranty or representation that the Software will
be wholly free from defects, errors and bugs.
User acknowledges that complex software is never entirely free from
security vulnerabilities; and subject to the other provisions of this
EULA, VHT gives no warranty or representation that the Software will
be entirely secure.
User acknowledges that the Software is only designed to be compatible
with that software and
hardware specified as
compatible in the Software Specification; and VHT does not warrant or
represent that the Software will be compatible with any other
User acknowledges that, except to the extent expressly provided
otherwise in this EULA, VHT does not warrant or represent that the
Software or the use of the Software by the User will not give rise to
any legal liability on the part of the User or any other person.
7.5 The User acknowledges that
use of Software may include the risk of certain side effects referred
to as “Simulator Sickness”. Divers factors are known to
contribute to this effect. In particular hardware the user is using,
Operating System and other running software processes, and of course
the Software. It is also individually different (somewhat like motion
sickness). The most common effects are dizziness, nausea, and
headaches. In extreme cases, it can have effects lasting hours. The
User acknowledge that if any adverse side-effects occurs he removes
the hardware immediately.
shall indemnify and shall keep indemnified the User against any and
all liabilities, damages, losses, costs and expenses (including legal
expenses and amounts reasonably paid in settlement of legal claims)
suffered or incurred by the User and arising directly or indirectly
as a result of any breach by VHT of this EULA (a "Licensor
becoming aware of an actual or potential Licensor Indemnity Event,
notify VHT with no delay;
to VHT all such assistance as may be reasonably requested by VHT in
relation to the Licensor Indemnity Event;
VHT the exclusive conduct of all disputes, proceedings, negotiations
and settlements with third parties relating to the Licensor Indemnity
admit liability to any third party in connection with the Licensor
Indemnity Event or settle any disputes or proceedings involving a
third party and relating to the Licensor Indemnity Event without the
prior written consent of VHT,
prejudice to VHT's obligations under Clause 8.1
/ and VHT's obligation to indemnify the User under Clause 8.1
shall not apply unless the User complies with the requirements of
this Clause 8.2.
User shall indemnify and shall keep indemnified VHT against any and
all liabilities, damages, losses, costs and expenses (including legal
expenses and amounts reasonably paid in settlement of legal claims)
suffered or incurred by VHT and arising directly or indirectly as a
result of any breach by the User of this EULA (a "User
becoming aware of an actual or potential User Indemnity Event, notify
to the User all such assistance as may be reasonably requested by the
User in relation to the User Indemnity Event;
the User the exclusive conduct of all disputes, proceedings,
negotiations and settlements with third parties relating to the User
Indemnity Event; and
admit liability to any third party in connection with the User
Indemnity Event or settle any disputes or proceedings involving a
third party and relating to the User Indemnity Event without the
prior written consent of the User,
prejudice to the User's obligations under Clause 8.3
/ and the User's obligation to indemnify VHT under Clause 8.3
shall not apply unless VHT complies with the requirements of this
and exclusions of liability
in this EULA will:
or exclude any liability for death or personal injury resulting from
or exclude any liability for fraud or fraudulent misrepresentation;
any liabilities in any way that is not permitted under applicable
any liabilities that may not be excluded under applicable law,
if a party is a consumer, that party's statutory rights will not be
excluded or limited by the EULA, except to the extent permitted by
limitations and exclusions of liability set out in this Clause 9 and elsewhere in this EULA:
subject to Clauses 9.1
all liabilities arising under the EULA or relating to the subject
matter of the EULA, including liabilities arising in contract, in
tort (including negligence) and for breach of statutory duty, except
to the extent expressly provided otherwise in the EULA.
will not be liable to the User in respect of any losses arising out
of a Force Majeure Event.
will not be liable to the User in respect of any loss of profits or
will not be liable to the User in respect of any loss of revenue or
will not be liable to the User in respect of any loss of business,
contracts or opportunities.
will not be liable to the User in respect of any loss or corruption
of any data, database or software.
will not be liable to the User in respect of any special, indirect or
consequential loss or damage.
liability of VHT to the User under this EULA in respect of any event
or series of related events shall not exceed the total amount paid
and payable by the User to VHT under the EULA in the 12 month period
preceding the commencement of the event or events.
aggregate liability of VHT to the User under this EULA shall not
exceed the total amount paid by the User to VHT under the EULA.
the User is a Business or corporation it undertake, upon request from
VHT, within thirty (30) days to fully document and certify that use
of the Software at the time of request is conform with the valid
licenses from VHT.
Enterprise Editions of the Software is licensed for one (1) year, if
not set forth in the License File issued by VHT otherwise. The
license can be renewed upon request. If the license is not renewed
by the end of the specified period, the EULA shall be considered
terminated on the day following that period.
may terminate this EULA immediately by giving written notice of
termination to the User if the User breaches the license provision
according to the clause 3 of this EULA and/or persistently breaches
the EULA (irrespective of whether such breaches collectively
constitute a material breach).
the termination of this EULA, all of the provisions of this EULA
shall cease to have effect, save that the following provisions of
this EULA shall survive and continue to have effect (in accordance
with their express terms or otherwise indefinitely): Clauses 2, 3.1, 8, 9,
12 and 13.
termination of this EULA shall not affect the accrued rights of
the avoidance of doubt, the licences of the Software in this EULA
shall terminate upon the termination of this EULA; and, accordingly,
the User must immediately cease to use the Software upon the
termination of this EULA.
12.4 Within ten (10) Business Days following the termination of this EULA, the User must
irrevocably delete from all computer systems in its possession all
copies of the Software.
breach of any provision of this EULA shall be waived except with the
express written consent of the party not in breach.
any provision of this EULA is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions of the EULA will continue in effect. If any unlawful
and/or unenforceable provision would be lawful or enforceable if part
of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect (unless that would
contradict the clear intention of the parties, in which case the
entirety of the relevant provision will be deemed to be deleted).
EULA may not be varied except by a written document signed by or on
behalf of each of the parties.
party may without the prior written consent of the other party
assign, transfer, charge, license or otherwise deal in or dispose of
any contractual rights or obligations under this EULA.
in this EULA shall exclude or limit any liability of a party for
fraud or fraudulent misrepresentation, or any other liability of a
party that may not be excluded or limited under applicable law.
to Clauses 9.1
this EULA shall constitute the entire agreement between the parties
in relation to the subject matter of this EULA, and shall supersede
all previous agreements, arrangements and understandings between the
parties in respect of that subject matter.
Law. This license shall be governed by the laws of the Czech
Republic, in particular, by Act No. 89/2012 Coll., the Civil Code.
Any and all disputes arising from or in connection with this
Agreement, including any dispute as to ids invalidity, shall be
settled in proceeding conducted before the courts of the Czech