MONET+ SOFTWARE END USER LICENSE AGREEMENT 

NOTE TO USER! READ CAREFULLY: This End User License Agreement (“EULA”) sets out the terms and conditions under which the End User may use obtained software products of MONET+, a.s. (hereinafter “MONET+”), including the installation media, printed materials and documentation.

The terms and conditions contained herein shall apply only to the MONET+ Software obtained properly (legally). 

By installing the MONET+ Software, copying it or using it otherwise, you expressly agree to be bound by the terms and conditions contained herein. 

We strongly recommend you to read the terms and conditions prior to installing the the MONET+ Software.

If you do not agree with the present terms and conditions, you may not use the MONET+ Software in any manner whatsoever, please, return the obtained product, if applicable, to your supplier (provider).


SUBJECT OF THE LICENSE AGREEMENT 

The subject of the present EULA is the CryptoPlus® Software Product (hereinafter referred to also as the “Software Product” or the “Software”) developed by MONET+.  

The term “Software” shall include, without limitations, also any higher or modified versions, upgrades, updates, additions and copies of the product. 


THIRD-PARTY LICENSES 

This Product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).

The Product includes cryptographic software written by Eric Young© and software written by Tim Hudson©.



SOFTWARE PRODUCT LICENSE 

Subject to the terms and conditions set out herein, MONET+ hereby grants you the rights to use the Software in the manner specified below:

1.1Installation and use 

You may install any number of installations provided you use, display or run one copy of the Software at a time. Running and using the Software is strictly and inseparably linked to the smart card which is part of the Product and each licence. The licence may not be shared.


1.2Backup copy 

You shall make one backup copy of the Software only and use it exclusively for archiving purposes, and/or to reinstall the Software in the computer.

You may not make any other copies of the Software and/or printed materials provided with the Software. You may not redistribute, give, lend, lease, provide under leasing conditions and/or otherwise transfer the original disc, the digital medium and its backup copy to any third party. 


2. RESERVATION OF RIGHTS AND TITLE 

All the rights which are not explicitly specified in the present EULA are expressly reserved by MONET+.

The Product is protected under copyright and/or any other law, and/or international agreements on intellectual property rights.

All the personal and proprietary rights shall be exercised by MONET+, such rights are not transferred in any manner whatsoever, the End User is granted only the right to use the Software.


3. NO REVERSE ENGINEERING

The User shall not do any decompilation, transformation, reverse analysis, or other reverse engineering, except to the extent expressly provided for in section 66 of the Copyright Act.


4. TRADEMARKS 

No proprietary rights in relation to MONET+ trademarks beyond the scope of exhaustion of rights according to section 11 of the Trademark Act are granted in the present EULA.


5. EXPORT RESTRICTIONS 

The User acknowledges that the Product is subject to the Council Regulation (EC) setting up a Community regime for the control of exports of dual-use items and technology. The Software, or any part of it, and/or the documentation pertaining to the Software shall not be exported (pursuant to Article 2 of the Regulation mentioned above) to any other country without a written approval of the Ministry of Industry and Trade of the Czech Republic.


6. CLAIMS AND SPECIALIST HELP. 

Specialist help shall be provided for and claims shall be dealt with exclusively by the supplier (provider) of the Product. 


7. END USER RECEIPT 

The receipt of obtaining the Software legally shall be solely the receipt of licence fee payment (invoice) or any other written certificate about obtaining the Software.


8. TERMINATION

Breach of the terms and conditions set out in the UELA may result in the immediate termination of the licence. In such event, you shall uninstall and destroy any and all the copies of the Software and its parts.


9. GENERAL SECURITY 

In order to protect the system effectively against security attacks and mallware attacks, MONET+ recommends you to make a backup of the data and the system information regularly.

You are recommended to deploy all security functions available, including but not limited to anti-virus software, firewalls, and to install and use security updates available.


10. LIMITATION OF LIABILITY 

Limited liability: In no event MONET+ and/or the providers of the Software shall be liable for any damages whatsoever, including but not limited to damages arisen as a result of incorrect use of the Software. 

If the Software does not comply with the conditions of the limited warranty (as defined above), you may terminate the Agreement and seek the reimbursement of the licence fees paid by the End User. Such reimbursement shall be the only remedy.


11. WARRANTY DISCLAIMER 

The warranty specified above (Article 10 hereof) is the only expressly provided warranty and is provided instead of any other express warranties or obligations of similar kind (if any) arising from advertising promises, documentations, information on the package and any other notice.

Subject to the limited warranty and to the maximum extent permitted by the governing law, the Software is provided on the “AS IS” basis, with all faults known and unknown, and MONET+ disclaims any other warranties and conditions, express or implied, and/or arising from the law, including but not limited to any expected warranties, obligations or conditions, such as warranties of merchantability, fitness for a particular purpose, reliability or availability, accuracy or completeness of the answers, results, expertise, absence of viruses and avoidance of negligence, all in relation to the Software. 


12. GOVERNING LAW 

Any and all the rights and obligations arising out of the relationship between MONET+ and any third person relating to the Software shall be governed by the law of the Czech Republic and its enforcement, if applicable, shall be done exclusively at the Regional Court in Zlín. 


13. ENTIRE AGREEMENT, SEVERABILITY 

The present EULA shall constitute the entire agreement between MONET+ and third parties in relation to the Software and shall replace any previous agreements, understandings and statements, oral or written, in relation to the Software. 

If any of the provisions of the terms and conditions hereof is held to be ineffective, invalid or unenforceable or illegal, this shall be without prejudice to the other provisions, which shall be fully valid and effective.

