ZONER software, a.s. LICENSE AGREEMENT for Zoner Photo Studio
1. BASIC PROVISIONS
This license agreement (“Agreement”) of ZONER software, a. s., with the Czech National Company ID 49437381, and with its headquarters in Brno, Czech Republic at Nové sady 583/18, postal code 602 00, recorded in the Commercial Register maintained by the Brno Regional Court, section B, insert no. 5824, founded under Czech law (“Zoner”), as the maker of the computer software Zoner Photo Studio (the “Program”) governs, under § 1751 par. 1 of Czech Act no. 89/2012 Sb. (the Civil Code), the mutual rights and responsibilities of the contractual parties arising in connection with, or on the basis of, the license agreement closed between Zoner as the license provider on the one hand, and a physical or legal person (via an authorized agent of that legal person) as the licensee (“Licensee”) on the other.
If a physical person is assenting to the Agreement as an authorized agent of a legal or physical person (for example in the name of their employer), then by assenting, they are declaring that they have the right to perform legal acts in the name of that person and to take on the responsibilities contained in the Agreement.
2. GRANT OF LICENSE
Through the closing of the Agreement, Zoner is offering the Licensee, under the conditions contained in the Agreement, a license for the transferable and non-exclusive right to use the Program (a “License”), and this for a scope and type of use defined below and for a defined period of time (a “License Type”). The license’s parameters for the Licensee are defined by Zoner simultaneously with the granting of or later alteration of the License. The typical variants of the parameters and conditions for the granting of licenses are stated below as “Licensing Models.”
Other rights and responsibilities of the contractual parties related to Licensing Models, the conditions for License acquisition, and the conditions for the use of the Program—when they are not directly established by the Agreement—are stated in the price list and in the general terms and conditions published by Zoner on its website or in its other publicly accessible materials (these two items are collectively the “Terms and Conditions” below). In the case of a conflict between the Agreement and the Terms and Conditions, the Agreement takes precedence.
Under the Terms and Conditions, Zoner may at its discretion provide the Licensee with proof of their License Type and of any eventual limitations or extensions of the use of the Program in writing via a trustworthy licensing document, and this in either electronic or printed form.
The Program may also include updates, add-ons, or other supplements or services that Zoner may offer to the Licensee or otherwise make accessible in various extents for free or for a fee as per the Terms and Conditions. The provision or use of these items may be the subject of a separate license agreement.
A “User” of the Program is a person who physically uses the Program on the basis of a License, and this in accord with an appropriate Licensing Model or License Type (defined further in the Agreement). If the Licensee is a physical person, then the Licensee and the User may be a single person.
The Licensee is responsible for upholding the User’s obligations towards Zoner arising from the License. The Licensee is obligated to suitably inform every User of all restrictions on the use of the Program, and also of the License’s period of validity, and likewise of the fact that if the License’s validity ends for any reason, the User will no longer be able to use the program.
All intellectual property rights to the Program and to all of its parts are the property of Zoner. The Program is protected by copyright laws applicable on the territory of the Czech Republic and of other countries under valid international treaties governing intellectual property rights.
The Licensee is specifically forbidden from publishing the Program in any way or sharing it with other persons or otherwise enabling its unauthorized use by a third party that is not authorized to use the Program under the Agreement (for example by providing access to the Program, a Zoner Account with a license, or another medium enabling work with Licenses).
The Program, individual portions of it, the Installer (as defined further in the Agreement), and installed copies of the Program may not be:
- included in one’s own products or the products of third parties;
- processed or in any way altered, combined with other software, or reverse engineered, with the exception of activities explicitly permitted by law.
If violation of the Agreement is provably committed by the Licensee, then Zoner is entitled to restrict the use of the Program by the Licensee, including a shortening of the grant of License.
5. PROGRAM INSTALLATION
Any person installing the Program in any manner provided by Zoner is thereby assenting to this Agreement and is required to uphold the responsibilities that it defines. The responsibility for the Installation of the program on any Device lies solely with the person who physically installs the program. This responsibility relates to all installations, without regard to whether the person who performs an installation is the owner of the Device, or is authorized to use that Device and install Programs on it.
For the purposes of the entire Agreement, the following terms are defined as follows:
- Device: an independent computer or other electronic device on which the Program may be accessed;
- Installation: the process through which the Program is copied onto the Device and readied for use;
- Network Installation: the installation of the Program onto a server of any kind (especially in a cloud environment, and the provision of the Program via software as a service, i.e. a terminal server) via which Users can access the Program;
- Installer: a binary computer file enabling Installation;
- Uninstallation: the removal of an installed copy of the Program from a Device, preventing its further use.
6. ZONER ACCOUNT
Depending on the License Type described further on in this Agreement, or on the License Model, the use of the Program or certain of its features is contingent upon the creation of a personal user account with Zoner by the Licensee or the User (a “Zoner Account”). The Zoner Account has the form of a Web service. When creating their Zoner Account, the Licensee or the User must enter their valid email address (an “Email”). The Email serves as the Licensee’s or User’s unique ID for login to their Zoner Account, both from the Program directly and on the Zoner Account website, and when appropriate also for access to other selected Zoner services and software products, and as a communication channel for Zoner with the Licensee or User. The handling of Emails and other data obtained through the creation of a Zoner Account is described in the Terms and Conditions.
7. LICENSE TYPES BY SCOPE
The scope of a License sets the number of specific Users or installed copies of the Program. When a License is granted, a License Type can be defined by Zoner for various units to which the use of the Program is tied. The Licensee is responsible for:
- respecting the restricted scope of use of the Program;
- decisions on the use of the program by the License’s individual Users;
- the form in which the Program is made available for use under the Agreement.
The License Types, in terms of scope, are:
a. USER-BASED LICENSE.
The unit of scope for a License thus granted is a single User, as a specific physical person, who can use the Program on any Device of their choice. For this scope, the number of Devices on which the Program may be installed is unlimited. Whenever the User uses a copy of the Program, they must prove their right to use the Program by being logged in to their Zoner Account in that copy of the Program. The number of concurrent uses of the Program (the number of copies of the Program that may be used at once) on multiple Devices by a single authorized User is not restricted, but the use of the Program by any person other than the User who is currently logged in to their Zoner Account in the Program is forbidden.
The Licensee will take into account, and assents to, the fact that the correct number of Users within a License is periodically monitored by Zoner via Users’ logins to Zoner Accounts.
If the Licensee was granted a User-Based License, then the Licensee will take into account the fact that they bear responsibility for the correct number of uses by authorized Users and for these Users’ using the Program in harmony with the Agreement.
b. USER-PROFILE LICENSE.
The unit of scope for a License thus granted is a User as a specific physical person who can use the Program on a Device upon which it is technically possible to verify their right to this usage. For this License Type, the number of Devices on which the Program may be installed is unlimited. Individual Users are obligated, when using the Program, to prove their entitlement to use the Program on a Device by logging in to their user profile created by the Licensee (their “User Profile”). A User Profile here means any secure form of electronic identity of the user enabling the use of a specific Device or network services (e.g. a profile in a network domain administered by the Licensee, or a user profile authorized by the Licensee on a specific Device).
Zoner is entitled to demand that the Licensee reliably prove the fact that the number of Users using the program corresponds to the scope of the license. A failure to prove this fact may be cause for termination of the License’s validity. If the Licensee was granted a User-Profile License, then the Licensee will take into account the fact that they bear responsibility for the correct number of Users and for the Program’s being used in harmony with the Agreement.
c. DEVICE-BASED LICENSE.
The unit of scope for a License thus granted is a device on which a Program is installed. The number of Users who can use the installed Program on a single Device is not limited, with the exception of cases where the Program is used in the form of a Network Installation. For this License Type, if the Licensing Model or another agreement with Zoner does not specify otherwise, and the Licensee does not request it, then when using the program, the User does not have to prove their right to use the Program by logging in to their Zoner Account.
If the Program is installed in such a way as to enable the simultaneous running of a single installed copy of the Program by multiple Users or on multiple Devices simultaneously, then the Licensee may choose, and this without special agreement by Zoner, in what form the scope of the License will be applied:
- The scope of the License is defined as an overall number of Devices.
- The scope of the License is defined by the number of Users who may run the program and use it at any time (note that this is a total number of Users, not a number of simultaneous, i.e. concurrent Users).
Zoner is entitled to demand that the Licensee reliably prove the fact that the installation method and the number of installed copies of the program are in harmony with the scope of the license. Failure to prove this fact may be cause for termination of the License’s validity.
d. HYBRID LICENSES.
In certain specific conditions, a Licensee may be granted a License that combines the properties of the above-mentioned License Types and thus enables the combining of the units to which licenses are related (e.g. a part as User-Based Licenses and a part as Device-Based Licenses). The concrete use of the Program and the Installer chosen must always be fully in harmony with the relevant License Type in dependence on the conditions of the Licensing Model.
If a license is provided to the Licensee as a “license unlimited by quantity or scope” or as a “whole-company/site/campus/whole-school etc. license,” then no upper boundary for the scope of the License is defined. The number of Users or the number of Devices in dependence on the License Type is not restricted. However, for cases where the number of Users or Installations of the program significantly exceeds the scope that Zoner expects based on the information available to Zoner, or the scope declared by the Licensee, Zoner reserves the right:
- (in the case of User-Based Licenses) to limit the use of the Program or to limit the further expansion of the User count by the Licensee;
- (in the case of Device-Based Licenses or User-Profile Licenses) to forbid further installations of the Program by the Licensee.
8. LICENSE TYPES BY TIME LIMIT
The License is provided to the Licensee for a defined period, in dependence on the Licensing Model.
Depending on the conditions defined for specific Licensing Models, certain parts of the scope of a License may be provided for shorter periods than the License’s overall period of validity.
The License Types as regards licensing periods are:
a. TIME-LIMITED LICENSES.
The use of the Program is limited exclusively to the defined period for which the License was granted. The further use of the Program after the expiration of this time period is in conflict with the law and with the terms of the Agreement. The Licensee has the right to extend the License’s period of validity under the Terms and Conditions.
After the end of a License’s period of validity, Zoner may enable the time-limited use of the Program under the same conditions as during the License’s validity (a “Protection Period”). During the Protection Period, Zoner may restrict certain features of the Program. The length of the Protection Period, the conditions for the issuing of a follow-on license, and the scope of any such restrictions are defined by Zoner in the Terms and Conditions.
b. TIME-UNLIMITED LICENSE.
If a License is granted as “time-unlimited” or “permanent” (or under terms with equivalent meanings), this enables the use of the Program permanently, i.e. without an time limit, unless the validity of the License is terminated for other reasons. The granting of Time-Unlimited Licenses and likewise of updates to the Program, its add-ons, and any other supplements and services are governed by the Terms and Conditions.
9. FEATURE- AND LANGUAGE-BASED PROGRAM VARIANTS
The program and its Installers may be offered in various variants that adjust the program’s feature set or its interface (“Program Versions”). Licenses are always provided for one specific Program Version.
- Licenses are always provided for a Program with a defined scope of functionality (an “Edition”). The Licensee is entitled to use only that Edition for which they were granted a License.
- The License may be provided only for a specific language version of the Program or its Installer customized for a specific language environment or group of language environments (“Language Versions”). If the License is thusly restricted, then the Licensee is only entitled to use the Language Version for which the License was provided to them.
The Licensee will take into account the fact that the installation of a specific Program Version may require a specific Installation File, without which the License may not be utilized.
The Terms and Conditions specify the currently available Program Versions.
10. LICENSE VERIFICATION
The use of the Program, or of certain of its features in dependence on the License Type, may be contingent upon each user being logged in to a Zoner Account or a User Profile from the Program’s interface. This login provides proof of the fact that the User is entitled to use the Program on the basis of a valid License (“Verification”). The Licensee will take into account the fact that:
- without Verification the Program may be fully or partly non-functional;
- At the moment of login to a Zoner Account, access to an Internet connection in the Device is always required, and at the moment of login to a User Profile, access to a local network connection is always required;
- The User is not required to log out from their Zoner Account or User Profile in the Program when closing the Program. If they do not log out, then during the next run of the same copy of the Program, no Verification via a repeated login by the User is required. Zoner does not bear responsibility for any eventual misuse of the License of a non-logged-out User by a different person.
A Licensee is entitled to optionally force Users to log out through the use of the settings in a particular installed copy of the Program. In this case a User is required to repeat their Verification each time they use the same installed copy of the Program.
The Licensee will take into account that in the case of a User-Based License, or of the utilization of this License Type within a Hybrid License, the Program can automatically and without further explicit agreement verify the validity of the License via the Internet or other technology. In the case where a License is found to be invalid, Zoner can immediately make the Program unusable, and this without any liability for any damages that this may cause to any party. The same restriction may also apply for installed copies of the Program with a User-Based License in which a user did not perform a logout from their Zoner Account and, for a period of at least 30 calendar days since the last verification of License validity, it has not been possible to automatically verify License validity.
In the case of a Device-Based License, the Licensee is entitled to adjust the configuration of the installed copy of the Program so that Users are no longer able to log in to their Zoner Account from the Program, thereby limiting their further use of the Program with the use of a Zoner Account. The Licensee will take into account the fact that in any installed copy of the Program with a Device-Based License, this License always takes precedence over any User-Based License or User-Profile License, and in the case of the usage of a Program copy so installed, in which the option of logging in to a Zoner Account is retained, this login does not in any way relate to Verification, which may cause Users to be limited in the use of the License provided to them on the basis of another Agreement.
If the conditions of a specific License Model require it, then a specific installed copy of the Program with a Device-Based License can require the User to log in to their Zoner Account even in the case where it already contains a Device-Based License for the Device to which this License is related.. The Licensee will take into account that they cannot influence this behavior.
The Licensee will take into account the fact that the usage of a particular installed copy of the Program may be limited to certain features only, or may be prevented entirely, in the case where the License stored on a Zoner Account or a User Profile does not correspond with the installed copy of the Program (especially in the case of non-matching Program Versions).
11. LIMITATIONS ON THE USE OF THE PROGRAM
For certain Licensing Models or Program Variants, explicit limitations exist regarding the possibilities for granting a License or on the method of use of the Program. Zoner reserves the right to not offer a License to any physical or legal person who does not prove that, as a Licensee, they will be authorized to use the Program in harmony with the Agreement. All of the limitations stated below always relate to all use of the Program, and this without exception.
The individual Licensing Models and Program Versions are limited as follows:
a) In the case of a Device-Based License, the Licensee is only entitled to install the Program on Devices in their possession or in their permanent contractual use (e.g. in the form of a loan or a rental), unless permitted otherwise on the basis of other provisions of the Agreement or written confirmation by Zoner.
b) In the case of a User-Based License or a User-Profile License, the Licensee is only entitled to enable the use of the Program for those persons who are in a labor-law relationship (e.g. between employer and employees) with the Licensee or another contractual relationship to the Licensee, for the purpose of processing the photographic materials of the Licensee, unless permitted otherwise on the basis of other provisions of the Agreement or of written agreement by Zoner.
c) A “Family License” or a “License with a Family Extension” (or other licenses whose names have equivalent meanings): Licenses so provided enable exclusively domestic use for private, non-commercial purposes, without regard to the Device or the installed copy through which the Program is used. If this Licensing Model is provided supplementarily as a family extension to an existing single-user License that was not previously burdened with licensing limitations, then the original License may no longer be used in any other way than those permitted for this newly arising Licensing Model, and the Licensee is required to terminate all previous use of the Program that is not in harmony with this limitation.
The Licensee—who must be a physical person—is only entitled to enable other persons to use the Program when those persons are members of the same household as the Licensee, that is, they live together with them in a single household and share in the costs for this household and simultaneously are life partners with the Licensee or are first- or second-degree relations of the Licensee or their life partner (this primarily means spouses, common-law spouses, children, siblings, and their children or parents). The number of Users within this Licensing Model is not limited.
A License within this Lichening Model may only be offered in the form of a User-Based License.
d) “License for Schools” or “EDU license” or “School License” or “Educational License” (or other licenses whose names have equivalent meanings): Licenses thus designated may only be granted under the condition that the Licensee is a nationally-registered or state-founded, state-administered, and/or state-authorized educational organization for children or young adults, such as a school, a pre-school, a children’s free-time center or a college or university with a state-accredited educational program, or another organization offering education in the field of digital photo processing (e.g. a training center), unless specified otherwise in the Terms and Conditions or on the basis of a written confirmation from Zoner.
For individual groups of Licensees from among educational organizations, other License limitations may be established in the form of specific Licensing Models:
- If a School License is provided in the form of a Licensing Model intended for schools for children and young adults, and is simultaneously provided both as a User-Based License (or as a Hybrid License) with an extension “for teachers and schoolchildren” or “with the option for home use of the Program” (or other licenses whose names have equivalent meanings) and as a Time-Limited License, then the Licensee is only entitled to enable persons to add Users from among persons who either have a labor-law relationship with the Licensee as pedagogical staff or are students who are attending some form of study of this educational organization. All of the Users may use the Program via any installed copy of the Program. However, they may do so only for educational purposes or for non-commercial purposes in a home environment, unless established otherwise by Zoner in writing. This Licensing Model is not intended for colleges and universities, nor for any other use in the framework of adult education.
- If a School License is offered via a Licensing Model for colleges and universities and simultaneously as a User-Based License (or a Hybrid License) with an extension “for students and teachers” (or other phrasings with equivalent meanings), then the Licensee is only entitled to enable persons to use the Program as Users if those persons are in a labor-law relationship with the Licensee as educational staff or as researchers. All of the Users may use the Program via any installed copy of the Program. However, they may do so only for the purposes of teaching or research activities or for non-commercial purposes in a home environment, unless established otherwise by Zoner in writing.
- If a School License is offered in the form of a Licensing Model for training centers and other types of organizations for adult education and is simultaneously offered as a User-Based License (or a Hybrid License), then the Licensee is only entitled to enable persons to use the Program as Users if those persons are physical persons in a labor-law relationship or other contractual relationship with the Licensee for teaching purposes (e.g. trainers). All of these Users may use the Program on any installed copy of the Program, but this must exclusively be for the purposes of teaching or for non-commercial purposes in a home environment.
- If a School License is offered as any kind of Device-Based License, then the program may only be used for education or research activities, unless established otherwise by Zoner in writing.
e) “School Licenses” and “Student Licenses” (and other licenses with equivalent meanings): These Licenses may only be granted on the condition that the Licensee is a physical person who is a registered student at the time of acquiring the License. They may be engaged in any kind of studies at any state-registered educational institution for children and young adults or any college or university with a state-accredited educational program. These licenses are explicitly not intended for persons who are only business clients of educational facilities for adults (e.g. the clients of training centers or other form of study in adult-education institutions), unless established otherwise by Zoner in writing.
A license within this Licensing Model may only be offered in the form of a User-Based License; the Licensee must be the sole User. Expansion of this License in any way to include other Users is not permitted.
f) “NFR Licenses” or “Reseller Licenses” (or other licenses with equivalent meanings): Licenses thusly granted as User-Based Licenses are intended exclusively for the purpose of presenting the Program to third parties with the goal of arranging its future legal use by those third parties. Programs with this license type cannot be used for any other purposes.
Licenses within this Licensing Model may only be granted in the form of a Device-Based License.
g) The “Free Edition.” A license thusly granted is intended for non-commercial home use. This Edition may be granted exclusively in the form of a User-Based License for one User, who must be the Licensee, and the changing of this License to another type or its expansion to include other Users is not allowed. The transfer of this License to another Licensee is also not permitted.
h) “Licenses for non-governmental organizations” (or other licenses with equivalent meanings): This license may only be offered in the case where the Licensee is a legal person that does not produce profit distributed among its founders, owners, or administrators. In the case of a dispute, Zoner reserves the right to decide whether or not an organization fulfills the above condition. This licensing model is explicitly not intended for any organization within any administrative bodies at the state, regional, or local levels.
i) On the basis of special contracts regulating the relationship between Zoner and the organization named TechSoup Global and its distribution partners, licenses offered through this organization can be used solely by nonprofit organizations, under conditions that broaden the limitations to the use of the Program on the basis of the rules of that organization. The other provisions of the Agreement are not affected.
When granting a License, Zoner may at its discretion set special conditions for the use of the Program by the Licensee and to grant the License via an individualized Licensing Model. Zoner will confirm these conditions to the Licensee in writing, in electronic or printed form.
12. NON-COMMERCIAL USE
“Non-Commercial Use” means any use of the Program that does not take place within the framework of business activities or other profitable activities. Typically this means private use outside of both private enterprise and any labor-law relationships. The occasional use of the Program for profitable activities whose performance does not require a business permit (e.g. one-off sales or the paid publishing of one’s own photographs) is considered to be non-commercial for the purposes of this Agreement.
13. THE USE OF A LICENSE BY A THIRD PARTY
Making the Program accessible in any way to a third party that is not defined in the Agreement, no matter whether for a fee or for free, and especially the loaning or renting of the Program, the loaning or renting of a Device of the Licensee with an installed copy of the Program, or the sharing of an installed copy of the Program with a License, is only permitted with explicit written permission from Zoner, and is governed by the Terms and Conditions.
14. PROGRAM UPDATES
A Licensee using the Program in compliance with the Agreement is entitled, in the case of a Time-Limited License, to free, non-periodic updates to the program published by Zoner (“Updates” below) during the period of their License’s validity, provided that Zoner has fully completed the relevant Update and decided to publish it on its website or has otherwise unambiguously defined the Update as being available publicly or for the specific Licensee. Updates may contain new features and functions for the Program and/or corrections to the Program. The User will take into account that the installation of Updates may be necessary for the optimum operation of the Program. Zoner does not bear any responsibility for any failure of the Program to function in any case where a Licensee or User does not regularly install available Updates. If a User is not authorized to perform changes to the installed software on the Device on which the Program is installed, or if the installed copy of the Program was configured by the Licensee to reject Updates, then it is not technically possible for them to acquire Updates.
Updates can be published separately for separate Program Versions. The division among individual Program Versions of any features added by updates is decided by Zoner.
In the case of a Time-Unlimited License, the provision of Updates may be restricted to only a period of time defined in the Terms and Conditions.
The installation of Updates without the authorization required by the Licensing Model under the Terms and Conditions is a violation of this Agreement.
15. UPGRADES AND DOWNGRADES
Zoner may offer a License to a Licensee in the form of an update to an older version of the Program (an “Upgrade”). In such a situation the Licensee is entitled to continue using the older version of the Program that provided the right to an upgrade, but this is not allowed to cause a widening of the scope of use of the Program, even in the situation where a change to the License Type occurred alongside the Upgrade.
If the License was provided to the Licensee without any link to a previous License in their ownership, then the right to use the previous version of the Program under its original conditions is not affected in any way.
A license owner may be enabled by Zoner to use an older version of the Program (“Downgrade” below), primarily due to potential technological or user restrictions on the use of the Program. Zoner decides the specific version it will provide for the Downgrade. Downgrade rights are not automatic, and a Licensee can obtain a License for the use of an older version of the Program after purchase under specially defined conditions on the basis of an individual request. Zoner is entitled to refuse to honor such a request in the case where the License was not offered to the Licensee as an Upgrade.
When using the Program in the form of a Downgrade, the Licensee will take into account that older versions of the Program may not be fully functional and may not be fully supported by Zoner.
16. TECHNICAL AND CUSTOMER SUPPORT
Zoner may offer a Licensee or User time-limited technical support services connected with a License. Technical support here means help with solving functional problems during the installation and use of the Program. Zoner reserves the right to refuse technical support to a person using the Program or to charge them for support if they are:
- using the Program without a License,
- using the Program in conflict with the Agreement;
- requesting support unrelated to Zoner’s obligations defined in the Agreement,
- requesting the resolution of a problem with the Program’s compatibility with other software or with hardware,
- requesting special support that would require changes to or supplementing of the Program,
- requesting a greater than typical amount of support.
Zoner may offer the Licensee time-limited user support services connected with a License. User support here means support related to the specific usage of the Program, such as: detailed instructions for the use of Program features or installation of the Program; workflows; templates; trainings; and sample Program configurations.
The scope of and any charges for the provision of both of these forms of support is set by Zoner for the individual Licensing Models in its Terms and Conditions.
17. TRIAL USE OF THE PROGRAM
Zoner offers all physical persons (“Trial Users”) the possibility of trial usage of the Program (a “Trial License”) so that they can test its features. In relation to the Trial License, the Trial User is the Licensee and sole User. The Trial License is provided exclusively in the form of a User-Based License, for free, for a limited period (the “Trial Period”) stated in the Terms and Conditions. The Trial Period may be concurrent with the Trial User’s status as a User under a different Licensee who owns a Device-Based License, if a different Zoner Account is used for the Trial License than the Zoner Account that the Trial User is using under the different Licensee. There are no special restrictions on use of the Program by a Trial User. Expansion of a Trial License in any way to include other Users is not permitted.
The Trial Period begins running when the Trial User makes their first login to their Zoner Account in the Program. The Trial User will take into account that a Program with a Trial License may be feature-limited and that during the Trial Period the User does not have the automatic right to receive Updates.
A Trial User is only entitled to use one Trial License at a time. This limitation still applies when a new Zoner Account is founded for the same physical person. The repeated use of a Trial License by the same physical person and the repeated use of a Trial License on the same Device is only possible after a specific amount of time set by Zoner in its Terms and Conditions. The continued use of the Program in the period from the expiration of the Trial Period until the time of a possible repeated granting of a Trial License is contingent exclusively upon a regular paid License.
After the expiration of a Trial License, the Trial User may be offered the option of using the Free Edition of the Program. The further use of the Program in this Edition is restricted by the conditions stated in this Agreement. If the Trial User does not meet the conditions for the use of this Edition, then they are not entitled to continue using the program without a regular License for the Program.
18. LICENSE TRANSFERS, LOANS, AND RENTALS
If not stated otherwise in the Agreement or via written agreement from Zoner, it is forbidden to:
- transfer the Program to a third party e.g. in the form of a loan or rental,
- grant sub-licenses in a different way than is explicitly stated in the Agreement.
The transferring of a License to a different person (a different Licensee) without the explicit consent of Zoner is only possible for User-Based Licenses, and this with a scope of one User, or for a License with a Family Extension. The transfer of a License with a Family Extension is only possible in the case where the new Licensee meets the conditions stated in the Agreement and in the Terms and Conditions for this Licensing Model.
In other situations, the transfer of a License to a different Licensee is only possible under conditions established separately by Zoner in the Terms and Conditions, or individually for a specific case of a transfer of a License. The Licensee does not have a legal entitlement to the transfer of a License to another Licensee, and Zoner explicitly reserves the right to disallow the transfer of a License without stating a reason. The transfer of a License to another Licensee is only complete when it is confirmed as complete in writing by Zoner.
The transfer of a License to a new Licensee does not absolve the original Licensee of their responsibility for their obligations towards Zoner resulting from this Agreement and from their use of the Program.
19. INFORMATION ON PROGRAM USAGE (TELEMETRY)
Unless set otherwise in a separate agreement, the Licensee agrees with the collection of telemetric information, i.e. information on the use of the Program. The Program collects information on selected actions that the User takes in the Program, including the length of use. In no case does Zoner collect any information from content processed by the User—neither graphical content nor metadata—with the exception of completely general file data (photo dimensions, formats, data size, etc.) The data thus obtained is sent by the Program to Zoner solely anonymously; that is, it is not in any way connected with a specific User or their Zoner Account, and serves exclusively for statistical purposes and for guiding the development of Zoner’s products and services. The User may turn off the sending of such information at any time via their Zoner Account settings on the Zoner Accounts website, or in any other way that the Program or its related services may enable. In the case of an installed copy of the Program with a Device-Based License, only the Licensee may change this setting.
Zoner is entitled, without obtaining further assent, to send the Licensee or the User messages, which are displayed directly within the Program environment. These messages may primarily (but not exclusively) contain:
- information on the use of the Program,
- License information,
- news in the fields of information technology and photography,
- security warnings from Zoner,
- information on other products from Zoner or third parties.
The volume and character of these messages is not in any way restricted. Messages may have the character of commercial messages offering the products of Zoner or third parties, and they may link to websites.
For selected Licensing Models or License Types, Zoner may enable the Licensee to suppress or limit the display of messages to Users or groups of Users, and this either through the configuration of the Installer or through Zoner Account settings.
21. LIMITATION OF LIABILITY AND WARRANTIES
Zoner does not assume any liability for damages caused by the use of the Program on any Device, damages caused by improperly informing Users of the conditions for use of the program arising from the Agreement, nor for any other damage indirectly connected with the use of this Program. NEITHER ZONER NOR ITS SUPPLIERS OR DEALERS WILL BE OBLIGED TO REIMBURSE THE LICENSEE, NOR ANY THIRD PARTIES, FOR ANY INDIRECT, SUBSEQUENT, SUBSIDIARY, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR REVENUE, DAMAGES FOR LOSS OF PRIVACY, LOSS OF ENJOYMENT OF ANY DEVICE OR SOFTWARE INCLUDING THIS PROGRAM, INTERRUPTION OF OPERATIONS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) INCURRED IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, THE USE OF WHICH IS ENABLED HEREUNDER; THIS STILL APPLIES IN ANY CASE WHERE THE USER WAS ADVISED BY ZONER ON THE POSSIBILITY OF OCCURENCE OF SUCH DAMAGES, AND NEITHER THE CAUSE OF DAMAGES NOR THE THEORY OF LIABILITY FOR DAMAGES WILL BE TAKEN INTO ACCOUNT. LIABILITY FOR DAMAGES IN ACCORDANCE WITH THE ABOVE WILL APPLY IN THE MAXIMUM POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. ZONER’S LIABILITY FOR DAMAGES INCURRED IN CONNECTION WITH THE PROGRAM SHALL IN NO CASE EXCEED THE LOWER OF THE AMOUNT THAT THE LICENSEE ACTUALLY PAID FOR THE PROGRAM OR THE AMOUNT CORRESPONDING TO THE PROGRAM’S RECOMMENDED PRICE OF SALE UNDER THE ZONER TERMS AND CONDITIONS AT THE MOMENT WHEN IT WAS PURCHASED.
22. THIRD-PARTY COMPONENTS AND SERVICES
This program and its components may utilize third-party program components and services. Zoner merely initiates these services, and does not remain connected to them. Therefore Zoner expressly forfeits any responsibility for the functionality of the components and the accessibility of the services, or for any visible or hidden behavior of the services so offered, and this over and above all limitations of liability and warranties named in the Agreement.
23. TERMINATION OF LICENSE VALIDITY
The License will be terminated if the Licensee commits a breach of any provision of this Agreement. When the License’s validity is terminated, Zoner is entitled to make the Program unusable by removing the License from the Licensee’s or User’s Zoner Account.
After the termination of the License’s validity:
- Any User who is using the Program with a User-Based License, or eventually using a User-Based License within a Hybrid License, and simultaneously is not connected to the Internet during and after the end of the License’s validity is immediately required to log out, and this from all installed copies of the Program they may have.
- Any Licensee using the Program with a User-Profile License or a Device-Based License, or using either of these License Types within a Hybrid License, is required to uninstall the Program without delay, and this from all Devices on which the Program is installed.
Any further use of the Program after the termination of License validity without obtaining a new License is in conflict with the law and with the terms of this Agreement.
24. ACCEPTANCE OF THE AGREEMENT
Acceptance of the Agreement by the Licensee is a mandatory condition for any use of the Program and for its installation on any Device. Acceptance is recorded electronically. If a person does not accept the Agreement, they may not install the Program or use it in any way.
25. VALIDITY OF THE AGREEMENT
The law applicable to the License is the law of the Czech Republic. If the Licensee and Zoner have not agreed otherwise, all disputes will be handled by the courts of the Czech Republic. If the law applicable to the License changes during the course of the Agreement’s validity, and if, meanwhile, this affects any provisions of the Agreement and can affect the rights and obligations arising from the Agreement, all other provisions of the Agreement remain in force.
Zoner reserves the right to change this Agreement at any time if necessary, above all:
- to reflect changes in the applicable law;
- to reflect factors related to the Program’s development;
- to reflect changes in the operational requirements for the services offered by Zoner or third parties.
Zoner is obligated to inform the Licensee of changes to the Agreement within 30 days before the changes come into effect, and this:
- by an email sent to the email address that the Licensee has offered via their Zoner Account;
- via messages displayed to the Licensee in the Program;
- in any other way determined on the basis of another contractual agreement between the Licensee and Zoner.
Zoner does not guarantee the delivery of messages to the Licensee. Alongside information about the change, the Licensee will be offered the ability to accept the new changes to the Agreement or to refuse these changes and, due to this, to revoke the Agreement (and thereby their License) within 3 months.
Any provision of this Agreement may be changed, or the Agreement supplemented, on the basis of a separate contractual agreement between the Licensee and Zoner.
This wording of the Agreement is valid as of September 13th, 2016.
Last revised August 30th, 2016.