Personal Commercial ScrumTale License Agreement
BY USING THE PRODUCT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE PRODUCT.
By purchasing this License to use The ScrumTale game (“The Product”), the user accepts and agrees to abide by the following terms and conditions. This License Agreement (the “Agreement” or the “License”) is made and entered into effective as of the date of purchase by and between you (the “Licensee”) and Przemysław Witka Consulting, ul. Wzgórze Bernadowo 109, 81-583 Gdynia, Poland, its affiliates, representatives, successors and permitted assigns (collectively referred to as the “Licensor”).
All rights not specifically stated in this License Agreement are hereby reserved by the Licensor.
Intellectual rights and ownership
Licensor owns all the intellectual property rights to the Product and all additional materials available on the ScrumTale.com webpage.
The License does not give any title of ownership of the Product to the Licensee.
Subject of the License
- This License grants the non-transferable, non-sublicensable, revocable and unlimited territorially rights to use the Product for commercial and non-commercial trainings and workshops.
- This License is granted for a single person. Name and family name of the Licensee must be provided during purchasing process.
- The Product will not be used to produce any other commercial product either for sale, lease, rent or to give away.
- The Licensee will not use the Product to produce derivative works.
- The Licence forbids to remove or circumvent any proprietary notices or labels on the Product, or encourage anyone directly or indirectly to do the foregoing.
- This License is effective from the date of purchase. Use of this License is not limited in time.
Transfer of rights
The Licenses rights can be transfer to the new Licensee only after prior consent of the Licensor and only if the new Licensee agree to the terms and conditions stated in this Agreement.
Termination of the Agreement
Licensor can immediately terminate all rights granted by this License hereby:
- Upon violation of this License by the Licensee.
- Serious complaints about trainings quality.
- Termination of Licensor business activity.
Upon termination the Licensee has no further right to the Product and must return it to the Licensor.
Limitation of liability and limited warranty
While Licensor tries to ensure that the Product is error free, Licensor offers no warranty that the Product is error free or virus free. Licensee agrees that Licensor will not be liable for any claims or damages arising from any errors or inaccuracies in the Product. We offer our products without guarantee of their effectiveness. Licensee agrees that Licensor will not be liable for any claims related to the use of the Product or results of the workshops conducted with the use of the Product.
The foregoing warranties are in lieu of all other warranties, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Licensor, its distributors, agents or employees shall create a warranty that in any way increases the scope of this limited warranty. This limited warranty gives you specified legal rights, and you may have other legal rights that vary from jurisdiction to jurisdiction.
Licensee agrees to indemnify, defend and hold harmless Licensor from and against any claim in excess of the limitation set forth in this Agreement, and this limitation shall apply even in the event of breach of contract, active or passive negligence, or otherwise of Licensor, or any claim of failure of essential purpose.
Neither party shall be liable for any delays due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, and changes in law, regulation or government policy, riots, war, fire, epidemics, transportation difficulties or other occurrences which are beyond either party’s reasonable control.
Licensor reserves the right, at his sole discretion, to modify or replace these terms at any time.
- The governing law for this Agreement is Polish law. The provision of the Civil Code and other effective Polish laws shall be applicable in issues not governed by this Agreement.
- The parties shall make all effort to amicably resolve all disputes arising in connection with this Agreement. All disputes that the parties cannot amicably resolve, shall be submitted for resolution to the court appropriate for the office location of the Licensor.
- This Agreement is entered into with the understanding that it embodies the entire agreement between the parties pertaining to the subject matter of this Agreement and there are no representations, warranties or other commitments pertaining to the subject matter of this Agreement that are not embodied in this Agreement in its entirety. If any terms or conditions of a purchase order conflict with those of this Agreement, then those terms and conditions in this Agreement shall supersede those in the purchase order.