DHO s.r.o., ID No. 28446542, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, File No. 142094, hereinafter referred to as "Provider", hereby gives the User a non-exclusive, non-transferable right to use the purchased products of the Provider or Source Data in the form of data storage media and remote access to web service (hereinafter referred to as the "Services") and purchased updates thereof in accordance with these Terms and Conditions and according to their specification and order specification. The User shall use all data and software, which are part of the Services, solely for internal use by his/her organization. Using data provided by the Services or parts thereof for resale is not possible without conclusion of a special agreement.
The Services and data contained therein do not include personal data and so they are not subject to Act No. 101/2000 Coll., on the Protection of Personal Data. In the event that the User uses data provided by the Services for direct marketing purposes, he/she agrees to do so only in the context of making an offer of products and services related to the core business of entities concerned. The Provider obtained data from public sources, Internet presentations of subjects, through own collection of data (especially through telemarketing surveys), and from Data Producers in accordance with the laws of the Czech Republic.
The User acknowledges that data supplied under Services are owned by organizations of the Provider and Data Producers. The User may not copy, transmit or make available in whatever form any data or Services or parts thereof outside his/her organization. The User is obliged to prevent any abuse of products or parts thereof by his/her employees or a third party. The User may use the Services and provided data only for his/her own needs according to the Services specification and in accordance with the laws of the Czech Republic. The Services and data provided may not be used for purposes of products competing with the Provider’s services in the area of database provision.
The User acknowledges that the software used in Products and Services is the property of organizations of Provider or Data Producers and other subjects, as the case may be, and includes copyright which is subject to legal protection. The User may not decompile, publish or sell software, access to Services, data and data structures that are part of the Services in any manner or form whatsoever.
By purchasing the Services the User acquires a non-exclusive right to use the Services for the period of the purchased license and according to the purchased extent. The Provider agrees to deliver to the User an ordered number of regular Services updates. The Provider and Data Producers shall make every effort to ensure compliance with deadlines of individual updates. In exceptional cases, however, they reserve the right to delay the update.
The Provider and Data Producers are constantly striving to keep data and Services up to date and in good quality, but they do not assume any responsibility for their accuracy or suitability of the Services or parts thereof for their intended purposes.
Records on individual entities may not always be complete, for example, not all items in the record may be completed (such as e-mail, phone, etc.). The price of all records, irrespective of the number of completed items, remains the same. The User declares that prior to ordering the Database he/she has acquired a detailed knowledge of its contents and functions. The warranty period for the supplied software is 6 months.
The Provider and Data Producers shall not be responsible for any inconsistency, error, interruption or delay in access to Services or their updates due to unforeseeable circumstances beyond their control, i.e. the force majeure events. Force majeure events are deemed to include natural disasters, wilful acts of third parties, insurrection, riots, strikes, lockouts, boycotting work, occupying property essential for the fulfilment of the obligations under this contract, wars (declared or undeclared), change in political situation that excludes or excessively impedes the exercise of rights and obligations hereunder, or any other similar cause.
Neither the Provider nor Data Producers shall assume liability for any losses caused to anyone in connection with the use of information provided by the Services. The right to use the purchased Services shall expire by breach of these Terms and Conditions by the User, namely at the moment when the User commits any act in breach of these Terms and Conditions.
One password to access the web Service allows the use of the Service by only one User at any given moment, while the moment is considered to be an interval of 5 minutes. For other Users using the same Service at the same time, it is necessary to purchase a new license.
The rights and obligations of the Parties arising from the purchase of Services and these Terms and Conditions shall be governed by the laws of the Czech Republic. The Parties agree to local jurisdiction for litigation of the Municipal Court in Brno.
The User may not install and/or use the Services on more computers at the same time than what is specified in the order, make copies and distribute them, lend, lease, and transfer the license or handle the data and Services in any other unauthorized manner, circumvent a protection system using passwords for installation. The local license on CD-ROM/DVD allows the installation of purchased Services on a single computer of the User at one given moment. Network license on CD-ROM/DVD allows the User to install and use the Services within the User’s local computer network so that one day as many stations may use the Services as is the number of network accesses the User has purchased. Web service allows using the Services so that the Services can be simultaneously used by as many Users how many accesses the User has purchased. The use of Services above the paid extent can be automatically blocked.
In the event of breach of the provisions of Articles 1, 3 and 4 of these license conditions by the User, a fine is negotiated of CZK 50,000 (fifty thousand Czech korunas) or 5times the standard license (such fine is selected, which is more advantageous for the Provider) for each breach. This is without prejudice to any compensation for damages. The User cannot enjoy any right not expressly granted to the User in these Terms and Conditions.
The User agrees that in the event that despite repeated written notices by the Provider he/she fails to pay the Provider his claim arising out of this order, the Provider may publish his/her name in the list of non-paying customers, for the whole duration of the claim, i.e. until the claim is fully settled.
By signing a binding order and giving his/her e-mail address in the order the User agrees that the Provider may send to this address once a month a message with information about what is new in the offer of the Provider or its subsidiaries or affiliated companies. The Provider shall not use thus provided address for any other purpose, nor pass it to any third party. The User has the right to withdraw his/her consent in writing and his/her address will be immediately deleted from the Provider’s database for sending newsletters.
Inclusion of e-mail addresses in the data of the Services provided does not imply any automatic consent of owners of these addresses to sending unsolicited bids. In the event that these addresses are used, the User shall proceed in accordance with the applicable laws of the Czech Republic.
The User is obliged to pay to the Provider the price set in the confirmed order. The price is determined by the Provider, unless the contract provides otherwise.
In the case of a regular license for Services the Provider may issue an invoice for the next period one month before the expiry of the paid license. Unless otherwise agreed in the contract, the invoice (or a pro forma invoice) shall be payable within 14 days.
The User agrees that when using the Services, statistics are recorded on their usage in order to control the use of licenses and improve the Services.
The Provider is authorized to monitor the compliance with these GBTC. By signing the order, purchasing the Services and paying for them the User expresses his/her unconditional consent with these General Business Terms and Conditions.
Withdrawal from the binding order of the Services is not possible after installation of the first delivered version of the Services, or after sending the password to the User, neither after a period of 7 calendar days from the date of delivery of the Services. In case of doubt about the date of delivery of the Services it is deemed they have been delivered no later than the third business day after receipt of the payment on the Provider’s account.
These General Terms and Conditions are valid from October 2, 2014