End user license agreement for iSMA Tool

It is necessary to read the contents of this license agreement before installing or using iSMA Tool. Installing or using iSMA Tool means your acceptance of the terms of use of this software in accordance with this agreement.

I. The end user license agreement for iSMA Tool software ("Agreement") is concluded between Global Control 5 sp. o.o. with headquarters in Warsaw (02-820), at Wyczolki St. 71, Poland, registered in the business register by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS 0000550088 ("GC5") and the end user, who is a natural or legal person or an organizational unit without legal personality ("User").

II. The Agreement entitles the User to use iSMA Tool in a manner consistent with its provisions. The Agreement is only a specification of the rights and methods of using the iSMA Tool software and is not a sales agreement.

III. By clicking "I accept" when downloading or installing iSMA Tool, means the User agrees to the terms set out in this Agreement. If the User does not agree to any of the conditions set out in this Agreement, he should immediately click the "I do not accept" option and cancel the download or installation of iSMA Tool software.

§ 1 Object of the Agreement
1. The object of the license granted under the Agreement to the User is iSMA Tool software and all its components ("Software").
2. The software is a computer application used for programming, work monitoring, setting work parameters and configuring GC5 Products.
3. "GC5 Products" should be understood as all iSMA products 
4. GC5 declares and the User acknowledges and confirms that GC5 is the author and the owner of the Software and has proprietary copyrights to the Software.

§ 2 Software installation and minimum requirements
1. The User downloads the Software from the Internet. The software must be installed on a properly configured computer.
2. For correct installation and operation of the Software, the User's computer must meet the following minimum requirements: Processor (CPU): Intel Core i3-3xxx or equivalent; Memory: 4GB RAM; Storage: 50 GB internal hard driver; Ethernet 100 Mbit or 1Gbit NIC; Internet access for license confirmation.
3. For proper operation of the Software, it may be necessary to periodically connect the computer with the Internet at least once a month for about one hour depending on the speed of data transfer.

§ 3 User's rights and obligations
1. Provided that all conditions of this Agreement are met, the User shall receive a non-exclusive non-transferable and revocable right to install the Software on the computer hard disk or other medium for permanent data storage, to install the Software in the computer system memory and to implement and display the Software.
2. The User has the right to use the Software only for the purpose of programming, monitoring work and setting work parameters and configuration of GC5 Products. It is prohibited to use the Software to perform actions on products that are not GC5 Products.
3. The right to use the Software resulting from the Agreement is limited to one User, i.e. the Software can be installed only on one computer system (hard disk or other medium for permanent data storage).
4. It is forbidden to use the Software in a manner inconsistent with the Agreement, in particular: reselling, renting, leasing, copying, lending, sub-licensing, granting under any legal title or unlicensed to third parties in whole or in part: de-coding, translating, making changes or in any other way interfering with the Software; creation of derivative software.
5. The User may not use the Software if GC5 Product has been acquired in illegal way.

§ 4 Reservations and updates
1. GC5 reserves all rights to the Software except as expressly provided to the User under this Agreement.
2. GC5 is entitled but not obligated to make changes to the Software in the form of updates (hereinafter referred to as: "Updates"), and it is not limited by any dates for such changes. Updating requires a license for the original Software to be upgraded. To the extent that the Update replaces the original Software, the User loses the right to use the original Software. This Agreement applies to all Updates unless the GC5 provides other terms together with the Update. In the event of inconsistency between this Agreement and the special conditions attached to the Update, the special conditions shall prevail.

§ 5 Sharing hardware data
1. The User agrees that the Software may send information about the computer system and computer environment of the User's computer to the GC5 servers during the installation, Update and in case of errors in the operation of the Software.
2. The User authorizes the GC5 to transfer, process and store data enabling the GC5 to verify the identity of the User. The User hereby agrees that GC5 will use its own means to check whether the User uses the Software in accordance with the provisions of the Agreement. The User agrees that within communication between the Software and GC5 computer systems due data will be transmitted to ensure the correct operation of the Software and to authorize the Use of the Software, as well as to protect the rights of GC5. Upon the conclusion of this Agreement, GC5 will be entitled to transfer, process and store relevant data identifying the User for purposes related to the performance of this Agreement.
3. The administrator of the personal data referred to above is based on art. 24 item 1 of the Law of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 1997, No. 133, item 883, i.e. Journal of Laws of 2016 item 922 ) is Global Control 5 sp. o.o. with headquarters in Warsaw (02-820), Wyczolki St. 71. Personal data of the User are processed only for the purposes referred to in §5 section 2 of the Agreement. The User gives his personal data voluntarily and has the right to access his personal data and correct them.

§ 6 Using other programs 
1. In addition to the elements belonging to GC5, the Software includes software belonging to other entities ("Programs of Other Entities"). Programs of Other Entities may be licensed to the User under the terms of the respective license agreement of another entity.
2. The Software uses the Devexpress Logify program, which allows to maintain its highest quality. Logify monitors the work of the Software and in the event of errors sends to GC5 the information referred to in §5 item 1 of the Agreement. Terms of use of the Logify program are available on the website: https://logify.devexpress.com/Terms.
3. The software uses a Lato type font. Terms of use of the font by GC5 and the User are available on the website: 
http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL_web.
4. The Software uses a diagramming software libraries – yFiles.NET software, which belonged to yWorks GmbH. Terms of use of the yFiles.NET software are available on the website: https://www.yworks.com/products/yfiles-net/license-types

§ 7 Exclusion of responsibility
1. GC5 provides the User with a ready software, i.e. "as it is" – GC5 does not undertake to supplement or modify it to adapt to any User or User’s hardware requirements.
2. GC5 is not responsible for the suitability of the Software to the User's purposes and not for the consequences resulting from its use. GC5 does not guarantee that the Software will be error-free and will function without interruption.
3. The User expressly acknowledges and agrees that to the extent permitted by applicable law, uses the Software at its sole risk and assumes the risks related to the quality, performance and accuracy of the Software.
4. The User accepts that the Software is not intended for use in situations or environments where failures, delays, errors or inaccuracies in the content of data or information provided by the Software could lead to death, personal injury or damage or damage to property or the environment.
5. To the extent permitted by law, GC5 is not responsible for any guaranty or warranty. In no event shall GC5 be liable for any indirect, incidental, extraordinary, consequential or moral damages, or for any loss of profits, income or possibility of use of the data.

§ 8 Duration and amendment of the Agreement
1. The Agreement enters into force as of the date of the User's consent to the terms and conditions set out in this Agreement – by clicking the "I accept" option when downloading or installing the Software – and remains in effect until it is terminated.
2. The User may terminate this Agreement at any time by permanent uninstalling and destroying the Software and any related materials provided by GC5.
3. The Agreement is automatically terminated if the User violates any of its provisions.
4. GC5 reserves the right to make changes to this Agreement, as well as the right for unilateral termination without notice. The current version of the Agreement is available on the website https://support.gc5.pl/iSMATool. Uninterrupted use of the Software means that the User agrees to all changes to the Agreement made by GC5.
5. Regardless of the reason for termination of this Agreement after its termination the provisions of §1 item 4, §3 item 3 and 5, §7 and §9 remain in force.

§ 9 Applicable law
1. The Agreement is subject to the legal provisions in force in the Republic of Poland and should be interpreted in accordance with these provisions. To the extent permitted by applicable law, all disputes or monetary claims against GC5 arising from this Agreement as well as any disputes and monetary claims related to the use of the Software will be resolved by a Polish court of law.
2. If the User is an entrepreneur within the meaning of art. 43(1) of the Law of 23 April 1964 Civil Code (Journal of Laws 0f 1964 No. 16, item 93, i.e. Journal of Laws of 2017, item 459) installing and using the Software in connection with any business or professional activity, any disputes or monetary claims or claims related to the use of the Software will be resolved by a common court having territorial jurisdiction over the registered office of GC5.