End User License Agreement (EULA) for the "Pybient" Software
Version 2.1
Language versions: This Agreement is provided in English and Polish. In accordance with § 15 (3), the Polish version is decisive. Both versions are intended to be identical in content.
This License Agreement is concluded between Remigiusz Lysko (unregistered business activity / "działalność nierejestrowana"), Rokitno 62, 22-678 Rokitno, Poland (hereinafter the "Licensor"), and the person or entity that acquires a license for the "Pybient" software or uses this software (hereinafter the "Licensee"). By installing, activating, or using the software, the Licensee agrees to this Agreement, provided that this Agreement was made available to the Licensee beforehand in a manner enabling them to store and reproduce it. The Agreement is available on the Licensor's website before the software is downloaded and is additionally provided with the order confirmation on a durable medium.
§ 1 Subject Matter of the Agreement
(1) The subject matter of this Agreement is the granting of a simple, non-exclusive right to use the "Pybient" software (hereinafter the "Software") in return for a one-time payment. What is acquired is the right of use; all copyrights and other protective rights to the Software remain with the Licensor.
(2) No subscription applies. The license is perpetual, but tied to a version in accordance with § 4.
§ 1a External Tools (Third-Party Software)
(1) Certain functions of the Software serve to call and control separate third-party programs (hereinafter "external tools"), for example translator, packer, installation, and packaging tools. External tools are not part of the Software, are not supplied with it, and are not provided, operated, examined, or maintained by the Licensor.
(2) The Licensee obtains, installs, updates, and licenses external tools on their own responsibility. Their license and usage terms apply directly between the Licensee and the respective provider; business use may require that provider's own paid license. This Agreement does not extend to external tools.
(3) The subject matter of this Agreement is exclusively the user interface, the process control, the display of return messages, and a configuration editable by the Licensee through which the program name, path, call syntax, switches, and parameters of an external tool can be set. The availability, freedom from errors, scope of functions, speed, further development, and continued existence of an external tool, as well as the result produced with it, are not the subject matter of this Agreement.
(4) If the designation, version, call syntax, switches, requirements, or behavior of an external tool changes, or if it is discontinued, becomes faulty, becomes subject to a fee, or becomes incompatible, this does not constitute a lack of conformity of the Software with the contract. The Licensee may adjust the call themselves via the configuration under paragraph 3. The Licensor is under no obligation to adapt the Software or to provide an update for this reason; such an adaptation is not an error correction within the meaning of § 2 (3).
(5) Decisive is the state described on the product or download page at the time the order is placed. For the supported external tools, that page states the versions with which they were last tested. Other versions may work but are not warranted.
(6) The Licensee is responsible for deciding which external tools are used, from which source they are obtained, whether their use is permissible, and whether the result produced may be passed on. The Licensor does not examine external tools for authenticity, security, freedom from malware, or lawfulness. When called, an external tool may independently establish internet connections, download components, or transmit data to its provider; this lies outside the Licensor's sphere of influence.
(7) Product and manufacturer names mentioned are trademarks or distinctive signs of their respective owners and serve solely to describe the interface; no business connection, cooperation, endorsement, or support exists.
(8) The Licensee's statutory rights in respect of a lack of conformity of the Software itself with the contract remain unaffected. In particular, it remains owed that the user interface and the editable configuration referred to in paragraph 3 are functional. Further details are governed by § 3a of the General Terms and Conditions.
§ 2 Acquired Major Version
(1) The subject of the purchase is the major version of the Software offered at the time of purchase; currently this is major version 7 ("7.x"). The acquired major version is displayed in the order summary and, upon purchase, is recorded in the license file in a tamper-proof manner (with a digital signature).
(2) All updates within the acquired major version (e.g., 7.1, 7.2) are included at no additional cost.
(3) The Software is maintained; the correction of errors within major version 7 takes place free of charge as part of 7.x updates. There is no entitlement to specific future features, to a specific update schedule, or to the release of new major versions. Updates required by law, including necessary security updates and measures serving to maintain conformity with the contract, remain unaffected by this.
§ 3 License Types and Scope of Use
(1) Private license: entitles a single natural person to exclusively private, non-commercial use of the Software on a maximum of three (3) of their own devices simultaneously. The license is assigned to the person; simultaneous use by more than one person is not permitted.
(2) Commercial license: entitles the holder to use the Software for business purposes. The license is acquired per workstation (device); the number of devices that may be used simultaneously corresponds to the number of workstations acquired.
(3) Educational license: entitles recognized educational institutions to use the Software in the context of teaching, studies, and scientific research. The number of devices that may be used simultaneously corresponds to the number of seats ordered.
(4) Use exceeding the acquired license type (in particular commercial use under a private license) is not permitted.
§ 4 Version Binding and Updates
(1) The license applies exclusively to the acquired major version of the Software (currently major version 7, "7.x"), including all updates of that major version (e.g., 7.1, 7.2, etc.). Decisive is the major version recorded in the license file; license files without a version designation are deemed to be a license for major version 7.
(2) Future new major versions (e.g., major version 8) are not covered by this license and require a separate acquisition.
(3) A major version once acquired may be used indefinitely, including after new major versions have been released.
§ 5 Activation, Device Binding, and Online Verification
(1) Use of the Software requires loading the license file and a one-time online activation. In doing so, the license is bound to the respective device.
(2) In order to enforce the license terms, the Software attempts, at every program start, to establish a connection to the license server at the domain www.pybient.com and checks online whether the license is active and whether the device belongs to the activated devices.
(3) During activation and verification, pseudonymized checksums (hashes) of the license and of the device identifier are transmitted and stored. The name, e-mail address, and the device identifier in plain form are not part of the license verification request. In the course of the technical connection, ordinary connection data may arise in short-term server logs; details are governed by the privacy policy.
(4) Offline use: after the last successful online verification, the Software remains usable for 30 calendar days without a connection to the license server (offline tolerance); this does not apply to individual tools within the Software, which by their nature require a permanent internet connection independent of license verification. Short-term unavailability of the license server therefore does not lead to a lockout. After the offline tolerance has expired, continued use requires a renewed successful online verification.
(5) The license file is delivered by e-mail to the address provided when ordering. The Licensee is obliged to store the license file and the unlock value securely and to create at least one additional backup copy in a separate location. License files are generated individually and are not permanently stored as a ready-to-send copy in plain form; a later re-issuance may therefore require verification of identity and of the order as well as a technical regeneration. After sufficient verification, the Licensor may redeliver the license file, if necessary after its technical regeneration; statutory claims to redelivery or to restoration of conformity with the contract remain unaffected.
§ 6 Device Management (Slots)
(1) Each activated device occupies one device slot within the license, up to the maximum number specified in § 3.
(2) A slot is automatically released if the device in question has not contacted the license server for 90 days. In addition, the Licensee may request the manual release of individual slots via technical support, e.g., after a reinstallation or a device replacement.
§ 7 License Blocking
(1) The Licensor is entitled to temporarily or permanently block the license in the event of a material breach of this Agreement, in particular in the case of the prohibited actions specified in § 8 or use of the Software beyond the scope of the acquired license type (§ 3 para. 4).
(2) License blocking does not take place arbitrarily. Before blocking, an honest Licensee generally receives a notification and an appropriate opportunity to clarify the situation or remedy the breach. Prior notification is not required where an immediate measure is required by law, there is a direct threat to the licensing system, there is an obvious attempt at fraud or manipulation, or notification would defeat the purpose of the protective measure.
(3) If a block proves to be erroneous, the license is unblocked again without delay. Further-reaching mandatory statutory claims remain unaffected.
§ 8 Prohibited Actions
The Licensee is prohibited from: (a) circumventing, deactivating, or manipulating the licensing and control mechanisms of the Software; (b) making the Software or license files publicly available or passing them on without authorization, or reproducing them beyond the legally permitted extent; (c) decompiling the Software or reconstructing its source code (reverse engineering), unless this is expressly permitted by mandatory statutory provisions (in particular Articles 5 and 6 of EU Directive 2009/24/EC). The making of a backup copy necessary for the safe use of the Software and the acts under art. 75(2)(1) and (2) of the Polish Copyright Act remain permitted and are not excluded by this provision.
§ 9 License Transfer
(1) The private license is assigned to a person; renting out, temporary provision to others, sublicensing, and the splitting of the license are excluded. To the extent that mandatory statutory provisions (in particular the principle of exhaustion of the distribution right) permit the permanent onward transfer of a perpetual software license, this right remains unaffected.
(2) Commercial and educational licenses may be freely transferred to other devices within the acquiring organization (subject to the slot rules under § 6). A permanent onward transfer of the license to a third party outside the organization is permissible under the principle of exhaustion of the distribution right and does not require the Licensor's consent; it must, however, be notified to the Licensor so that the technically necessary re-registration can be carried out, and the requirements of paragraph 3 must be met.
(3) In the case of a legally permissible permanent onward transfer, the previous licensee must in particular: (a) transfer the license in its entirety, (b) delete all of their own copies of the Software and backup copies or permanently render them unusable, (c) cease their own further use, (d) provide the acquirer with the applicable contractual and license terms, (e) submit a request to the Licensor for the technically necessary re-registration or release.
§ 10 Demo Version
The Software may be tested without a license for 30 days from first installation, with a limited scope of functions as specified in the General Terms and Conditions and on the product page. The demo version may not be used for permanent productive commercial use. Statutory rights arising from a paid contract concluded later are not restricted by use of the demo version.
§ 11 Safeguard in the Event of Discontinuation of Business
If the Licensor deliberately and permanently discontinues operation of the license server (e.g., in the event of a cessation of business), the Licensor undertakes to provide or publish, in due time, a permanent offline unlock or a technically equivalent solution by means of which properly acquired licenses can continue to be used indefinitely without online verification. Licensees who have paid for their license do not thereby lose their right of use. If such provision is impossible due to unforeseeable events, the Licensee's statutory claims for lack of conformity with the contract remain unaffected.
§ 12 Conformity with the Contract, Warranty, and Liability
(1) Statutory rights arising from a lack of conformity of digital content with the contract, in particular those available to consumers, and — vis-à-vis Licensees who are not consumers — the statutory warranty rights, remain unaffected.
(2) The Licensor is liable without limitation to the extent that a limitation of liability is legally impermissible, in particular in the case of: (a) intent or gross negligence, (b) injury to life, body, or health, (c) fraudulent concealment of a defect, (d) violation of mandatory consumer rights.
(3) Vis-à-vis Licensees who are not consumers, the Licensor is liable for damage caused by slight negligence only in the event of a breach of essential contractual obligations, i.e., obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Licensee may reasonably rely; in such a case, liability is limited to the foreseeable damage typical for this type of contract. This limitation does not apply in the cases listed in paragraph 2.
(4) The Licensee is solely responsible for regularly backing up their data and projects. Vis-à-vis Licensees who are not consumers, liability for data loss is limited to the recovery effort that would have been necessary had proper and current backup copies existed; this limitation does not apply in the cases listed in paragraph 2. For consumers, paragraph 5 and the mandatory statutory provisions apply.
(5) Consumers' statutory claims arising from a lack of conformity of digital content with the contract remain fully unaffected.
(6) The Licensor is not liable for disruptions attributable solely to an external tool within the meaning of § 1a, to its absence, version, configuration, or result. Paragraph 2 remains unaffected.
§ 13 Right of Withdrawal for Digital Content
The right of withdrawal available to consumers, the conditions for its early expiry in the case of digital content, and the instruction on withdrawal together with the model withdrawal form are governed by § 16 of the General Terms and Conditions together with the annex to the GTC. The required consents and confirmations are obtained during the ordering process.
§ 14 Supplier, Taxes, and Proof of Purchase
(1) The Licensor is Remigiusz Lysko, acting within the framework of an unregistered business activity (pursuant to Art. 5 of the Polish Entrepreneurs' Law), established in the Republic of Poland. Prices are final prices; value added tax (VAT) is neither charged nor shown (exemption under Art. 113(1) of the Polish VAT Act).
(2) Together with the e-mail containing the license file, the Licensee automatically receives an invoice without VAT shown, issued to the details provided in the order. The order confirmation and the license file with the license number additionally serve as proof of purchase. The ordering process does not provide for the entry of the buyer's VAT identification number (NIP / EU VAT); at the request of a buyer who is a taxable person, the invoice is subsequently issued stating that buyer's number.
§ 15 Final Provisions
(1) The law of the Republic of Poland applies. This choice of law does not deprive a Consumer of the protection afforded to them by those provisions of the law of the country of their habitual residence from which no derogation is permitted by agreement (art. 6(2) of Regulation (EC) No 593/2008, Rome I).
(2) Should individual provisions of this Agreement prove to be ineffective, this shall not affect the effectiveness of the remaining provisions.
(3) Decisive is that language version of this Agreement which was displayed to the Licensee during the ordering process and provided together with the contract confirmation; other language versions serve to facilitate understanding.
(4) Contact: Remigiusz Lysko, Rokitno 62, 22-678 Rokitno, Poland – Tel.: +48 799 332 033, e-mail: hello@pybient.com