Appendix 1.

LICENSE CONDITIONS

ATTENTION: PLEASE READ THIS DOCUMENT BEFORE INSTALLING THE

SOFTWARE. This document is an Agreement between you - the end user of Software and DPK
System Consulting ® - producer of TachoAnalyser ® program, farther referred to as the
Software.

§ 0. Preamble. The subject of this Agreement is purchase of rights, limited by this Agreement, to use
TachoAnalyser Software. The Software consists of: TachoAnalyser computer program produced and
copyright by Licensor, documentation in paper and electronic form, activation codes and following
Agreement between Licensor and License Holder. Data carriers which include the Software are not a
part of the Software. The Software also includes any software updates, add-on components, Web
services, and/or supplements that DPK System Consulting may provide to you or make available to you
after the date you obtain your initial copy of the Software to the extent that such items are not
accompanied by a separate license agreement or terms of use. In case of any disagreement to any
paragraph of this Agreement you should cancel installation process or withdraw form using the
Software or its part in any way, instead you should return it to distributor/vendor for a refund.
§1. Copyright. All personal and propriety rights to all components of Software, if it is not marked in
other way, belong to DPK System Consulting. The Software is protected by copyright, international
agreements on copyrights and other laws and agreements concerning protection of intellectual property.
Violation of these rights is prohibited by law.
§2.Participants of Agreement. This Agreement is hold between DPK System Consulting, called
Licensor or DPK and end user of the Software, called License Holder or User.
§3. Conclusion of Contract. The contract is concluded by installation or any form of using the
Software. In case of purchasing the Software on CD-ROM sold by distributor of DPK, the contract is
concluded also by breaking off seal (label) which protects the packaging.
§4. Distribution of the Software
a) Only authorized distributor is permitted to distribute the Software. Distribution and/or processing of
the Software without DPK prior approval is prohibited.
b) The Software can be distributed/retail only in a form permitted and provided by DPK. Any form of
duplication, copying the Software, distribution in an incomplete form, changing or assembling with
other components including activation codes is prohibited.
c) Distribution of the Software restricted by additional fees without DPK approval is prohibited.
§5. License Holder Rights.
5.1. Installation and using DEMO Version. In due to enable the user to check possibilities of the
Software, Licensor allows License Holder to install, activate and use one copy of Trial Version of
Software only on one computer for the evaluation period till the expiry date. Prolongation of ability to
use the Software can be done only by paying license fee and getting activation code.
5.2. Installation and Using the Software.
After paying license fee, License Holder has the right to install and use the copy of Software in the
version which he has bought with the respect of point 5.4 of this License. License Holder, who has paid
license fee and got activation code has right to use software and other accessories added to the
Software. License Holder has right to use the Software for predefined number of vehicles and drivers
declared on the order. To extend the number of drivers or/and vehicles to higher version, License
Holder must get permission of Licensor and obtain new activation code, and if there is difference in
price between those versions, License Holder is required to pay the current difference between those
prices.
5.3. Software Update. After submitting the License fee and getting activation code user is eligible for
free updates for one year from purchase date. After submitting the SUP+TA fee (Software Update and
Technical Assistance) License Holder is eligible for updates and extended warranty period on
conditions defined officially by DPK in SUP+TA service program.
5.4. Time and Place of Using the Software. This contract is concluded on indefinite period of time.
User has the right to use the Software anywhere, without any territory boundaries. User has the right to
use the Software on defined number of computers equal to number defined on the invoice. One copy of
the Software can be used only on single computer. The condition of being able to reinstall the Software
on a new computer is to remove it from previous computer and giving to DPK the information on
deactivation code according to the user manual.
5.5. Software Transfer. License Holder after purchasing TachoAnalyser and getting activation code is
able to transfer his rights to use the Software to another person or company. License Holder may do that
after permanent removing the Software from all computers where the Software had been installed and
generating all required deactivation codes. The transferee before getting new activation code is
obligated to agree with entire License and pay to DPK handling fees. The value of handling fees is
presented in the current pricelist of DPK.
§6. Restrictions. User is not permitted to:
a) copy, duplicate, reproduce, lease, sub-license, loan, modify, adapt, merge, translate, reverse-engineer,
decompile, disassemble or create derivative works based on the whole or any part of the Software or its
related documentation or use of the Software, except as expressly permitted by this Agreement and save
to the extend and in the circumstances expressly permitted by law,
c) provide services using the Software, also free of charge, without obtaining appropriate License from
DPK which permits such services.
§7. Limited Warranty. Software is accessible for User, by buying Software License, in a version “as
it is” and is subjected to 12-month limited warranty. Warranty covers only the correct function of the
Software, that is: the function which it shall have according to user manual for the version of the
Software. Detailed information about warranty is included in Limited Warranty Terms. Data carrier is
supported by 90-days warranty period. The user can purchase the extended warranty in the SUP+TA
service available with authorized Distributors of the Software.
Licensor is not responsible for any damages whatsoever, including loss of information, interruption of
business, personal injury and/or any damage or consequential damage without limitation, incurred
before, during or after the use of the Software. DPK entire liability, without exception, is limited to the
customers' reimbursement of the purchase price of the software (maximum being the suggested retail
price as listed by Licensor) in exchange for the return of the product, all copies, registration papers and
manuals, and all materials that constitute a transfer of ownership from the customer back to Licensor.
§8. Dissolution of this Contract. Rights of License Holder which are included in this Agreement
terminate while the license agreement is dissolved. The Agreement shall automatically terminate upon
failure by User/License Holder to comply with its terms.
§9. Results of Expired Rights of License Holder. In case of expired license holder’s rights because of
dissolution of contract, license holder is obligated to stop using TachoAnalyser software and
permanently remove the Software from the computers on which it was installed and from any electronic
storage devices.
§10. Governing Law and General Provisions. This Agreement will be governed by the laws of
Poland, excluding the application of its conflicts of law rules. In conflicts concerning this Agreement
the Court valid for the settlement of DPK is applicable. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms.

LICENSOR: DPK System Consulting

© Copyright DPK System Consulting