Terms and conditions of the eBralec 4 software package

(hereinafter: terms); version 4.1

between the user of the eBralec 4 software package (hereinafter: user)
and Slovenian organizations Alpineon d.o.o., VAT ID SI41966643, Amebis, d.o.o., Kamnik, VAT ID SI48655074 and Jožef Stefan Institute, VAT ID SI55560822 (hereinafter: manufacturer)

I. Definitions

Article 1

Software package: eBralec 4 software package

Audio file: audio file produced by eBralec 4 software package.

Number of software package licences:

Online use: use of the software package on the http://ebralec.si/ website.

Subscriber: a user who came to the right to use the software package on the basis of a subscription or contract.

End user: a natural person using a software package on a device for personal use.

Device: computer, phone, tablet and any other end-user device for personal use on which the software package can be installed or be used online.

Legal person: organization, company and also natural person registered for performing activities (sole trader and private persons).

II. Validity of general terms

Article 2

These general terms apply to the manufacturer on one side and the user on another. The general terms enter into force as soon as the user acquires the right to use the software package or at least when the user agrees to the general terms when installing the software package. The general terms apply until the user terminates the subscription or expires and the software package ceases to operate.

In case of online use, the terms applies immediately and are renewed by each year of software package use. The terms cease to apply one year after the last use.

If, after the expiration of the validity of the general terms for the user, it is established that during the period of general terms validity the user violated any provision of Articles 5, 6, 7, 8 or 9, the user has the same criminal and damage liability (Article 10) as it was during the validity of the general terms.

By accepting the general terms, the user agrees to the legal notice and producer’s price list for the software package.

III. User rights and obligations

Article 3

The manufacturer permits the user to use the software package and audio files in accordance with the applicable copyright and related rights and international acts regulations. The licence applies exclusively to the software package and audio files.

Article 4

By accepting these general terms, the user only acquires the right to use the software package and audio files. The manufacturer does not transfer any other entitlements to the user.

Article 5

Single-computer, single-user, trial and network licences of software package can only be installed on end-user devices.

Installing these licences without the manufacturer’s special permission to other devices, e.g. servers, is not allowed.

The user can install these software package licences to the maximum number of end-user devices as much as the licences of this software package have been acquired on the basis of a subscription, or to the number of devices in which they acquired the trail licences from the manufacturer.

Article 6

Personal non-commercial use of the software package is intended solely for natural persons. Legal persons for this form of use cannot conclude a contract or subscription nor can they install and use these form.

In the case of a breach, the user as a legal person is obliged to pay contractual penalty for each year of use separately from the date of purchase or acquisition of licences together with default interest. The current use period is considered as one year.

The value of the annual contractual penalty: the number of licences for personal use is multiplied by twice the value of the annual subscription for one licence for business use.

Article 7

If the user in any way integrates the software package or audio file into products, services, websites, web applications etc. or if the user allows the use of at least one software package licence or at least one audio file to multiple users at the same time, this is considered as commercial use.

Commercial use also includes distribution, marketing, sale, renting, and lending of software package or audio files and public broadcasting of audio files.

The user should not use versions "Personal Non-Commercial Use" and "Business Internal Use" of the software package outside the scope of personal non-commercial or non-commercial internal use. Any other use is considered as commercial use.

Article 8

Without manufacturer’s written permission, the user may not:

  1. unauthorized reproduce, modify or update the software package and its parts,
  2. allow the use of the software package or audio files to the users via network or web protocols,
  3. use the software package and audio files for commercial use,
  4. delete or otherwise remove manufacturer’s labels from the software package or supporting documentation.

Article 9

In an appropriate manner, the user must actively with utmost care ensure that an illegal copy of his/her software package and its audio files does not appear on the market. Which is achieved by appropriate storage of the software package data and audio files, instructions to employees, members or rightful claimant as well as by appropriate control over children, etc.

Article 10

If the user violates Articles 5, 6 or 7 or any provision of the Article 8 or if an illegal copy of user’s software package or at least one licence code of the user's software package or at least one user audio file appears on the market, it is considered that the user has violated his/her liability and his/her damage liability is assumed. In case of the software package and its licences, it is generalised the user has violated his/her obligations for all software package licences.

In the case of a breach of these obligations, the user is criminally liable as well as liable to payment of compensation and in addition to legal prosecution, the manufacturer reserves the right to prevent the user from using and/or purchasing manufacturer’s products and services. The same measure applies even in the case when manufacturer reasonably suspects that the user deliberately or unintentionally hurts manufacturer’s authorship.

If the amount of damage is not detectable or is detectable with disproportionate costs, the manufacturer shall be liable for flat-rate compensation.

Annual flat-rate compensation fee for the software package is calculated for each particular year of use from the day of purchase or acquisition of the software package together with default interest. The current use period is considered as one year.

For single-computer, network and trail licences, the annual flat-rate compensation for one licence is 10,000 (ten thousand) EUR.

For single-user licences, the annual flat-rate compensation for one licence is 150,000 (one hundred and fifty thousand) EUR.

In the case of licences, the total annual flat-rate compensation is the product of the corresponding annual flat-rate compensation for one licence (depending on the licence type) with the number of all licences of user’s software package.

The minimal annual flat-rate compensation for audio files is 150,000 (fifteen hundred thousand) EUR. In case of severe violations, it can increase. In case of repetitive violations, it may be charged multiple times.

Article 11

If more than 30 days have elapsed since the acquisition date of the software package and if the subscriber has not been acquainted with the general terms of the acquisition, but only while the installation of software package, the subscriber is entitled to claim the cancellation of the order and the refund of the purchase with the simultaneous repayment received by the manufacturer and the delivery of a statement within the meaning of Article 13, paragraph 4, of these terms.

Article 12

In the case of software package failure or error, the user is obliged to inform the manufacturer about it within 15 days.

IV. Rights and obligations of the manufacturer

Article 13

For the software package, the manufacturer guarantees operation in accordance with descriptions, given in the manufacturer’s documentation.

The manufacturer will endeavor to provide the user help with using the software package to the extent that is customary for the software sale on the Slovenian market.

During the time of operation, the manufacturer will endeavor to eliminate any possible software defects that would make the software package unusable.

If the manufacturer fails to repair the error for which he/she is guilt within 30 days from the day he/she learned of its description and circumstances, he/she shall be obliged to return the amount of the current yearly subscription fee to the subscriber at his/her request. In this case, these general terms shall cease to be valid and the contracting authority must return to the manufacturer all relevant documentation, must delete all installations of the software package and give a written statement to the manufacturer that it has been fully complied with by the Article 5, 6, 7, 8 and 9 of these general terms.

Apart from the guarantee mentioned above, the manufacturer cannot guarantee and be responsible for the usability of the software package in user’s business environment nor is it obliged to make any other free help and corrections.

The manufacturer assumes no responsibility for the usability of the software package on computer equipment that is not fully compatible with the hardware and software specified in the system requirements of the software package.

The user agrees to be acquainted with the functionality and mode of software package operation and therefore, will not have any claims for damages to the manufacturer.

Article 14

The manufacturer is not liable for any material or non-material damage or any loss of income that may result from the use of the software package. The user agrees to use the software package at his own risk.

Article 15

All rights which are not extra specified are reserved by the manufacturer.

V. Operating period

Article 16

Operating period of the software package for subscribers is determined by the subscription agreement.

For all other users, the operating period is determined and, if necessary, changed by the manufacturer at his own discretion.

In the case of licences, the information about the duration and ending of the current operating period of software package is available in the software package.

VI. Subscription agreement

Article 17

Subscription agreement arises on the basis of an order by the subscriber or a contract concluded with the subscriber on the day of the order or contract.

Article 18

Unless expressly provided otherwise, the subscription agreement is linked to the one-year operating period of the software package.

Upon cancellation, the subscription agreement after the end of the operating period is automatically extended for the next operating period.

Article 19

The subscription is charged and paid for the next operating period. For the calculation of services, manufacturer's data is used.

The manufacturer will send the invoice for the next operating period to the subscriber in the last month of the current operating period.

If the subscriber does not receive the invoice and does not inform the manufacturer thereof until the end of the current period, the subscriber will be deemed to receive an invoice for the following period before the end of the current period in time.

Article 20

Subscriber's cancellation of the subscription relationship is always valid for the next period of operation. The subscriber cannot give up the current period.

In order for the termination to be effective, the subscriber must send cancellation of the subscription agreement in writing (or in the form of an e-mail) by operating period.

Article 21

The subscriber is obliged to notify the manufacturer no later than 15 days of any change in contact information, any change in the accounts on which it operates and any change in other information relevant to the manufacturer. All costs incurred as a result of untimely reported or unreported data are charged to the subscriber.

Article 22

The subscriber is obliged to settle all his/her obligations within the payment period of the invoice. If the subscriber is late with payment, in addition to the amount of the account, he/she is obliged to pay the highest with the statutory default interest and reminders.

If the manufacturer fails to receive a payment five days after the third notice has been issued, the manufacturer shall have the right to initiate the enforcement procedure against the contracting authority.

Article 23

If the customer is late for payment for more than 60 days, the manufacturer has the right to terminate the subscription unilaterally, and in the future the manufacturer may disable the purchase of his products.

VII. Final provisions

Article 24

The provisions of these general terms apply in the event that they do not conflict with the content of any other written agreement between the manufacturer and the user.

Article 25

In accordance with its business policy, the manufacturer may change the general terms. The manufacturer shall notify users of any change to the general terms by publishing these changes on their website.

Notwithstanding the changes in the general terms, the user shall express the written request sent by registered mail to the manufacturer’s address no later than one month after the entry into force of the changes.

If the subscriber and the manufacturer fail to agree on the changes that are the subject of disagreement, the general terms that were valid before the change are valid for the subscriber until the end of the current operating period of the software package, and the manufacturer reserves the right to terminate the subscription.

With the exception of subscribers, the manufacturer reserves the right to prevent the user from operating with the software package if the user does not agree with the changes to the general terms and conditions.

Article 26

These general terms with the version mark ver. 4.1 apply from 1 May 2018 onwards.

Article 27

Any disputes concerning these general terms will be resolved by the competent court in Kamnik.