Terms and conditions of the eBralec software package

(hereinafter: terms); version 4.0

between the user of the eBralec 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 software package

Number of software package licenses:

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.

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 and the user. 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.

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 in accordance with the applicable copyright and related rights and international acts regulations. The license applies exclusively to the software package.

Article 4

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

Article 5

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

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

The user can install these software package licenses to the maximum number of end-user devices as much as the licenses 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 licenses 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 licenses together with default interest. The current usage period is considered as one year.

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

Article 7

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

Commercial use also includes the marketing, sale or public broadcasting of audio files made by using the software package.

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 to the users via network or web protocols,
  3. rent or lend the software package,
  4. use the software package version which is not intended for commercial use for commercial use,
  5. 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 does not appear on the market. Which is achieved by appropriate storage of the software package data, instructions to employees, members or rightful claimant as well as by appropriate control over children.

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 license code or at least one channel of user’s software package appears on the market, it is considered that the user has violated his/her liability for all software package licenses or channels and his/her damage liability is assumed.

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.

f the amount of damage is not detectable or is detectable with disproportionate costs, the manufacturer shall be liable for flat-rate compensation for each year of use, separately from the date of purchase or acquisition of the software package together with default interest. The current usage period is considered as one year.

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

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

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

For one channel, the annual flat-rate compensation is 30,000 (thirty thousand) EUR.

In the case of channels, the total annual flat-rate compensation is the product of annual flat-rate compensation for one channel with the number of all channels of user’s software package.

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 licenses, 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 at the beginning of 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 one month before the end of the current period.

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 cancellation of the subscription agreement 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.

The cost of each reminder is EUR 10, excluding VAT. If the manufacturer fails to receive a payment five days after the third notice has been issued, he7she shall have the right to initiate the enforcement procedure against the contracting authority.

Article 23

If the subscriber is late with payment for more than 30 days, the manufacturer has the right to prevent the subscriber from operating (using) the software package until full payment of the obligation. Due to this measure, the subscriber is not entitled to reduce the value of the subscription fee for the software package nor extend the current operating period for the time when the subscriber was unable to use the software package.

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. 4.0 apply from 4 December 2017 onwards.

Article 27

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