Terms of service
Introduction
This Software License Agreement (this „Agreement”) is between you (either an individual or an entity, referred to hereinafter as „client”, „Service Recipient”, „you” or „your”) and Panther.software, a wholly-owned company by Damian Bartelmus, and its affiliates („Panther.software”, „we”, „our” or „us”, sometimes „Service Provider”) for the Panther.software software that accompanies this Agreement, as may be updated or replaced by feature enhancements, software updates or maintenance releases (the „Software”) and any services that may be provided by Panther.software under this Agreement („Services”). Do not use the Software until you have carefully read the following Agreement.
By ordering, downloading, installing, accessing, using or entering into any interaction with the Software (or authorizing any other person to do so) you are indicating that you are capable of entering into a binding legal agreement, have read and understand this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not order, install, access, download, use or interact with the Software.
The Panther.software website and subpages are intellectual property rights within the meaning of the law. These rights can be enforced by the court through a lawsuit (if necessary). All content and systems are protected by copyright and may only be used if a special contract is issued by Panther.software.
Types and scope of services
The service provider provides through this service services specified, described and available on the date of conclusion of the contract for the provision of services.
The condition to provide the aforementioned services is compliance with the law by the client and not posting illegal content.
Activating the service
The customer places the order from https://panther.software/ or https://host.panther.software/, or from the client’s panel within the internet address https://panther.software/ or https://host.panther.software/
Activation of the service is carried out half-automatically or fully-automatically, it can be verified by an employee. After activation, the client receives an login data for his panel/services.
The customer has the option of testing the service free of charge – by the number of days appropriately described at the time of ordering (if available) since the account was created.
After the test period, the service is automatically blocked, if the proforma / document / invoice has not been paid. Then, after 30 days from the date of blocking the account, data saved in the test period are removed without calling the Customer for payment.
After paying for the service, the test account becomes a paid account, the data saved in the test period is stored on the server.
By accepting these regulations, the consumer consents to the provision of services before the expiry of the deadline referred to in Article 27 of the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827).
Restrictions
You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. You may not rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network the Software or related materials or create derivative works based upon the Software or any part thereof.
You may not use the Software to engage in or allow others to engage in any illegal activity where the Software is accessed and used. You may not use the Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
Ownership Rights
The Software is licensed to you by Panther.software for use only under the terms and conditions of the License. Panther.software reserves all rights not granted to you. The Software in its entirety is protected by European, U.S. and international copyright laws and treaty provisions. Panther.software owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, service marks and other intellectual property rights therein. Our Software is divided into: services (standalone or based on products), Custom Software Implementation (or development) and products. Custom Software are typical based on open source code and they are being entirely owned by customer and his/her company. Exceptions are renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing or networking rights. Every attempt of these must be agreed with Panther.software.
Your possession, installation, or use of the Products does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Products except as expressly set forth in this Agreement. All copies of the Products made hereunder must contain the same proprietary notices that appear on and in the Products, including all Products copyright notices embedded in any design template which must remain unaltered from the original and visible at all times. Renting, sub-licensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, networking rights are not allowed. Every attempt of these must be agreed with Panther.software.
Termination
Unless you attempt to rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network Custom Software Developments you possess all rights for the Software. Not agreed by Panther.software renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing or network the Custom Software Developments is illegal.
The License for the Products is effective until terminated. You may terminate the License at any time by uninstalling the Software and destroying all copies of the Software in any media. This Agreement may be terminated by Panther.software immediately and without notice if you fail to comply with any term or condition of the License or this Agreement. Upon such termination, you must immediately cease using the Software, and destroy all complete and partial copies of the Software and/or access data to any given software.
No Warranties
You accept the software „as is,” and we make no warranty as to its use, performance, or otherwise. To the maximum extent permitted by applicable law, we disclaim all other representations, warranties, and conditions, express or implied, statutory or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the software remains with you (this is due to the characteristics of the functioning and complexity of information systems, scripts, functions, etc.).
Limitation of Liability
To the maximum extent permitted by applicable law, Panther.software, internet brands and its affiliates will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Panther.software, internet brands or its representatives or affiliates have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of the damages set forth herein are fundamental elements of the basis of the bargain between Panther.software and you; Panther.software would not have been able to provide the software to you without such limitations (this is due to the characteristics of the functioning and complexity of information systems, scripts, functions, etc.).
Fees and Payments
By purchasing our products with an annual license you acquire yearly access to our technical support and product’s/services updates (usually implemented automatically). Each subsequent year of the license renewal, access to technical support and product’s updates shall be paid in accordance with the valid offer. By purchasing our products with an owned license you acquire yearly access to our technical support and product’s updates. Each subsequent year of access to technical support and product’s updates shall be paid in accordance with the valid offer. We reserve the rights to charge fees for future services in our sole discretion as well as change prices of our products and services at any time. If we decide to charge for the services, you will be given prior notice before we impose the charge. By accepting this document upon purchasing services from us, you agree to receive PDF Pro-Formas/Invoices documents on email address provided during registration process. Missing payment for any Service including but not limited to custom software development, will result in suspension of all customer’s existing services including but not limited to product licenses.
After the end of the billing period, the Customer has the right to extend the service in accordance with the applicable price list.
Payment for a test account can be made during the service test and up to 30 days after its completion.
The Service Provider 14 days before the end of the service provision will send the Service Recipient information on the possibility of extending the service period.
In case of blocking the service, it can be unblocked on the basis of the electronic payment confirmation sent (this does not apply to Internet domains).
The service provider may refuse to register the domain, among others if:
- when you try to register a domain, this domain is already reserved or registered
- The recipient has no right to purchase a given domain, eg. it is a city name or a registered trade mark
- The customer has provided an incorrect domain name
- The service user provided incorrect data, which according to the NASK regulations (http://www.dns.pl/regulamin.html) may result in domain suspension
In the case of a fee for a domain other than the period specified on the invoice, the Service Provider does not guarantee registration of the indicated domain.
Registrar of domains and SSL certificates in order to confirm the compliance of data has the right to take appropriate measures (including sending a verification email) to identify the owner of the domain and the correctness of the registration data.
The invoice for the service will be issued by the Service Provider in the month of activation, and sent to the customer via email.
Feedback
We provide you with a mechanism to provide feedback, suggestions and ideas about the Software. You agree that we may use the feedback you provide in any way, including in future modifications of the Software. You grant us a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to us in the feedback (eg. in customer reviews on the home page or as a tip to improve the service/program).
Delivery Policy
Upon receipt of your Product order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your Product order. If you do not contact us within 5 days from the date of your Product order, the item(s) you purchased will be considered received, downloaded and delivered to you.
Upon receipt of your Custom Software/services order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
Your commitments
All Clients are obliged to comply with Polish and International law and contractual rules of using the Internet. Customers undertake, among others, not to infringe the personal rights of third parties through content or content placed on its accounts.
Panther.software reserves the right to suspend the service without refund of the fee incurred for using the service if:
- the User’s account will contain content that is contrary to Polish and international law, including racist, fascist, hateful, religious, racial, denominational, personal or pornographic content.
- The recipient will send messages and unsolicited content by the recipient, including type of spam
- The client works to the detriment of other Internet users
- The customer did not pay the service fee in due time
- The recipient launches shoutcast, dcchub or other programs that broadcast real-time audio or video
- The customer repeatedly exceeds or excessively uses system / computing resources (violation of stability).
It is the Customer’s responsibility to maintain current contact details saved in the customer’s panel.
The Service Recipient can not provide third party access passwords unless these entities have the appropriate authorization.
If the Service Provider receives information about the use of the service provided electronically contrary to the Regulations or with applicable regulations (unauthorized use), the service provider may process the personal data of the Service Provider to the extent necessary to determine the responsibility of the Service Recipient.
In the case of claims of third parties addressed to the Service Provider for unlawful actions of the Customer or failure to comply with these Regulations by the Service Provider, the Service Provider reserves further legal effects in relation to the Service Recipient.
Refund Policy
By ordering, downloading, installing, accessing, using or entering into any interaction with the Software (or authorizing any other person to do so) you indicate that you are aware of and you accept our Refund Policy.
