GENERAL TERMS AND CONDITIONS OF TRANS STANDARD LICENSE
These General Terms and Conditions of Trans Standard License define the rules and conditions of using the Software (hereinafter referred to as: GTC).
Trans.eu Group S.A. (formerly: Logintrans sp. z o.o.) seated in Wrocław, at: ul. Racławicka 2-4, Wrocław, 53-146 Wrocław 65, Poland, entered by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, into the register of entrepreneurs under number 0000720763, NIP: 8942764658, REGON: 932920615.
An entity which has downloaded and installed the Business Communicator having accepted these GTC.
Administrator’s Internet portal of services and information at www.trans.eu and at other linked addresses, covering all services, information and documents, including the Business messenger together with Additional Functions of the Business messenger.
An entity providing services under Trans.eu System with which the Licensee has concluded a Contract for services within Trans.eu System, being an affiliate or subsidiary of the Licensor, having its registered seat outside the territory of the Republic of Poland.
Any and all software offered by the Licensor, available under Trans.eu System, including the Business messenger together with Vehicle Exchange and Load Exchange, system of filtering of incoming information together with subsequent updates and supplements and Data Base of Users, made available by the Licensor under these GTC.
A transport business messenger allowing sending text messages and direct communication of persons, within the territory of Europe, working at companies connected with commodity trading and transport, distributed by the Licensor free of charge, under the rules of Freeware (including web-based version).
Additional Functions of the Business messenger
Services provided by the Service Provider through the Internet with the use of the Business messenger, which are activated for each User after meeting conditions specified in the Rules and after concluding with the Service Provider a Contract for services within Trans.eu System.
Additional Function of the Business messenger in the form of vehicle exchange, thanks to which the Users may browse and post advertisements of vacant vehicles.
Additional Function of the Business messenger in the form of load market, thanks to which the Users may browse and post advertisements of vacant loads.
A natural person, organisational unit without legal personality who is statutory granted legal ability, or a legal person pursuing business activity connected with transport and carriage, holding an Account in the Business messenger.
User’s Account in the Business messenger with a unique Transld prefix, at which Derivative Accounts are created.
An Account of a natural person in the Business messenger, attributed to an Account, whose Transld consists of a prefix of the Account and an ordinal number.
A natural person who holds a Derivative Account created by a User at an Account, allowing to log in to the Business messenger by persons having access to the Derivative Account. A User shall bear full responsibility for actions and omissions, in particular those resulting in breaching the Rules, performed by a Derivative User.
The Regulations for services and security of Trans.eu System specified in the Contract for services within Trans.eu System concluded between the Licensee and the Service Provider.
Proprietary Copyrights to Software
Proprietary Copyrights to Software, protected both by Polish Law and international agreements in all presently known fields of use and those that could emerge in the future, to which solely the Licensor shall be entitled.
2.1 Granting the Trans Standard License.
By accepting these GTC when downloading and installing the Business messenger, the Licensee obtains a non-exclusive license to download, install, store, start and display (use) the Business messenger, and to use other Software, without the right of transfer or the right to grant further licenses to third parties, for purposes connected with pursuing business activity, for an indefinite period of time, from the day of installing the Business messenger.
The Licensee shall have the right to make a copy of the Software solely for the purpose of creating a backup copy, which shall replace the legally possessed copy should it be lost, destroyed or damaged in a way making it impossible to use the same.
2.2 The Licensee may within the term of the Contract for services within Trans.eu System, concluded with the Service Provider, change from Trans Standard license onto Trans Pro license and the other way round, in accordance with the manner of termination of the concluded contract (Contract for services within Trans.eu System or Trans Pro services Agreement).
The Licensee shall not re-sell, hand over, sublease, rent, disseminate, export, import, act as intermediary or supplier or in any other way provide third parties with any rights relating to the Software.
The Licensee shall not: undertake, cause, express consent or authorize to perform modifications, to create derivative elements, to translate, to decompile, to disassemble or to break the source code of the Software. The Licensor declares that the Software is not a “copy left”, one freely accessible for modifications.
2.5 New Versions and Updates
The Licensor reserves the right to extend the Software, at its sole discretion, by additional elements and functions, and to repair, update and modify the same. At the same time, the Licensee acknowledges and agrees that the Licensor has no obligation to deliver subsequent versions and updates to the Licensee. The Licensee, however, accepts to be delivered, by e-mail, updates and new versions of the Software, and in such a case, where an update is of significance to the proper functioning of the Software, it shall consent to automatic updating on its computer.
3.1 The Licensor undertakes to make available and to disseminate the Software as a free of charge Freeware notwithstanding its modifications and introduction of new versions.
3.2 The Service Provider charges fees for the provision of services under Additional Functions of the Business Communicator in accordance with rules specified in the Rules, on the basis of the Contract for services under Trans.eu System concluded with the Licensee.
4. Proprietary Copyrights to Software
4.1 The Licensee acknowledges and agrees that only is the Licensor and its suppliers entitled to the Proprietary Copyrights to Software. This GTC does not transfer the Proprietary Copyrights to Software onto the Licensee.
4.2 Non-detrimental clause
The Licensee shall not take any actions with the intention of exposing the Proprietary Copyrights to Software to damage, of limiting or interfering with the same, under the pain of termination of the license with immediate effect, block of access to the Software and civil and criminal liability in accordance with applicable law.
4.3 Non-deleting of information.
The Licensee undertakes not to delete, not to erase, not to render reading impossible, and not to amend the content of information records on the Proprietary Copyrights to Software (copyright notes) under the pain of termination of the licence with immediate effect, block of access to the Software and civil and criminal liability in accordance with applicable law.
4.4 Translations and studies.
The Licensee acknowledges and agrees that only shall the Licensor be entitled to the Proprietary Copyrights to Software in the scope of performing translations and studies.
5. Exclusion of liability
5.1 Exclusion of liability for communication.
The Licensee acknowledges and agrees that in spite of the best efforts on the part of the Licensor and care over the quality of functioning of the Software, the Licensor shall bear no responsibility for any disruptions, delays or any other hindrance to communication between the Users with the use of the Software.
5.2 Confidentiality of correspondence.
The Licensor represents and the Licensee acknowledges that the Licensor does not perform control or monitoring of the contents of messages sent via the Software. The Licensor shall bear no responsibility for any contents sent via the Software. The person responsible for content of any messages shall be the sender of the same. Archival contents of messages are stored on a secured server and can be handed over solely to state authorities, including the court, prosecutor or police, on the basis of a written request justified by the provisions of law.
5.3 Limitation of use of the Software.
The Licensee acknowledges and agrees to use the Software solely for purposes in line with the GTC, the Rules and applicable law. The Licensee shall not:
a) store, monitor, destroy or modify the messages sent between other Users,
b) use any kinds of viruses, bugs, destructive Internet programmes or other codes and instructions introduced with the intention of causing a failure, deleting, damage or disassembly of the Software or the communication system,
c) sending unsolicited commercial information (spam).
5.4 In case when the Licensee shall wish to monitor the communication between its employees, it can do so after fulfilling suitable requirements of law.
5.5 Suspension or termination of the license with immediate effect.
In case of breaching any of the prohibitions stated above or the Rules, the Licensor reserves the right to immediately block accounts created by the Licensee (an Account and Derivative Accounts) and the technical access to the Software, to terminate or to suspend the license with immediate effect, and to apply full measures aiming at holding the Licensee liable for the performed breach, in the scope of civil and criminal law.
5.6 Termination of the license agreement.
The license is free of charge and indefinite. Each party is entitled to cancel the license agreement without stating reasons, with a one month notice, with effect at the end of the calendar month, in writing.
5.7 Exclusion of guarantee.
The Licensee acknowledges and agrees that in spite of the best efforts on the part of the Licensor and care over the quality of functioning of the Software, the Licensor shall bear no responsibility for guarantee or warranty for the Software, in particular regarding the proper functioning, adjustment to regulations, market or use value. The Licensor does not guarantee that the Software shall always be available and that it shall function in a continuous and safe way. In case of lack of satisfaction with the Software covered hereby, the Licensee shall be entitled solely to uninstall and to cease using the Software, without any further compensatory claims.
6. Final provisions
6.1 Non-transfer of rights and obligations arising from the license.
The Licensee shall not be allowed to transfer to third parties in full or in part the rights and obligations resulting from this license without prior written consent of the Licensor.
6.2 Application of separate provisions.
For matters not regulated by these GTC, the provisions of the Contract for services within Trans.eu System and the provisions of the Rules shall be applied, in order as presented.
6.3 Applicable regulations.
This license and all rights arising from it shall be governed by the law of the Republic of Poland.
6.4 Competent courts.
All and any disputes connected with the license shall be resolved solely by common courts of the Republic of Poland with their jurisdiction over the seat of the Licensor.
6.5 Severability clause.
Should any of the provisions of the GTC be partly or fully invalid due to their incompatibility with the commonly applicable provisions of law, the remaining part of the agreement shall remain in force and be interpreted in line with applicable provisions of law in such a way as to maintain the intended meaning of such invalid provision.
6.6 The Licensee acknowledges that all and any correspondence regarding the license, sent by the Licensor to the latest valid postal or electronic or other address provided by the Licensee upon the registration or modification of an Account, shall be deemed effectively delivered and shall have legal effects.
6.7 Confirmation of making oneself familiar with the GTC.
The Licensee represents that it has made itself familiar with the content of these general terms and conditions of granting the license (the GTC) and it has understood the rights and obligations resulting from the same.