This End User Licence Agreement (“EULA“) constitutes a legally binding document between you, whether personally or on behalf of an entity (hereinafter referred to as: you) and Haris Digital Engineering Limited Liability Company (registered seat: H-8790 Zalaszentgrót, Ady E. u. 13., company registration number: 20-09-076343, tax number: 26603201-2-20) hereinafter referred to as: we, us, our or Haris Digital Engineering Ltd), concerning your access to and use of Haris General Manager (“GM“) and/or Haris Project Manager (“PM“) as website applications (“Web App“) available at www.harisdigital.com as main domain and at its subdomains, including, but not limited to www.gm.harisdigital.com, as well as www.pm.haris-engineering.com) and Haris OEE Operator as smart device application (hereinafter referred to as: Smart Device App or Operator) (Web App and Smart Device App hereinafter jointly as “Apps“, individually as “App“). We are willing to provide you a licence to the Apps only on the condition that you accept and agree to comply with all of the terms of this EULA. By downloading, installing or otherwise using the AppS, you represent that you are duly authorized to enter into this EULA and that you accept and agree to be bound by the terms of this EULA. If you do not accept and agree to be bound by this EULA, do not use the AppS.
The Parties agree as follows:
The Apps are owned by us and are protected under copyright and other intellectual property laws of Hungary. We are and shall remain the owners of all intellectual property rights in the Apps and all copies, modifications and merged portions thereof. The Apps are not sold to you.
We grant you a revocable, non-exclusive, non-transferable, non-assignable limited licence to download, install, and use the Apps for your own internal business purposes strictly in accordance with this EULA and our Terms and Conditions available here.
A licence is for one user and for a specified number of electronic devices over a certain duration for a particular version of the Apps (see details and the available versions in our Terms and Conditions available here). A licence must not be used in excess of its limitations of electronic devices or duration, and must be used only for the licensed version of the Apps. If you have not paid for a licence, we grant you the right to install the Apps on one electronic device to use the PROJECT Version with its limited services specified in our Terms and Conditions.
Changes to this EULA
We reserve the right to modify this EULA. We will post the most current version of this EULA at https://www.harisdigital.eu/eula. If we make material changes to this EULA, we will notify you via the Smart Device App. Your continued use of the Apps after we publish notice of changes to this EULA indicates your consent to the updated terms.
No Included Maintenance and Support
We may deploy changes, updates, or enhancements to the Apps at any time. We may provide maintenance and support for the Apps under a specific mutual agreement, but without the conclusion of such agreement we have no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance and/or support services in connection with the Smart Device App.
Transfer of Licence
You must not transfer, sublicense, lease, loan, or give a licence to use the Apps to another person, organization, or legal entity, including related legal entities, under shared ownership or otherwise, without our express written permission.
Without our express written permission, you may not:
- use, copy, modify, alter, or transfer, electronically or otherwise, the Apps except as expressly permitted in this EULA;
- translate, reverse program, disassemble, decompile or otherwise reverse engineer the Apps
You acknowledge that we and our licensors own all right, title and interest in and to the Apps and that we own all right, title and interest in and to all content available via the Apps, including, without limitation, all Intellectual Property Rights.
“Intellectual Property Rights” means especially but not limited to
- all patents, patent applications, and certificates of invention, and
- all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto;
- all moral rights and copyrights in any work of authorship or other work recognized by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom;
- all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto;
- all rights in all trade secrets, know-how, and confidential information; and
- other intellectual property rights protectable under any laws or international conventions throughout the world.
You agree to not remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the Apps.
You further agree not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Apps.
Contact to online servers
You acknowledge that the Apps may contact online servers and consents to sending us information for the purposes as
- enabling the use of the paid versions of the Apps;
- monitoring the numbers of electronic device on which the Apps are used;
- monitoring the circumstances of the use of the Apps;
- improvement of the operation quality of the Apps;
- improvement of the user experience of the Apps;
Revocation of Licence
A licence may be automatically revoked from the electronic device where it is activated in the event of notification to us, by you or our authorized representative or the Apps themselves, provided that such licences are lost, expired, timed out, stolen, or broken.
The licence of the PROJECT Version of the Smart Device App is effective from your date of download and shall remain in force until terminated.
The licence of the BASIC Version or the PRO Version of the Apps is effective from the date of your payment and shall remain in force until the last day of the subscription period.
Limitation of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS; SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, LOSS OF CONTRACT, LOSS OF GODWILL, LOSS OF USE OR OTHER DAMAGES ARISING FROM THIS EULA. NOTHING IN THIS EULA REMOVES OR LMITS OUR LIABILITY FOR CLAIMS WHERE THE LIABILITY IS MANDATORY PURSUANT TO APPLICABLE LAW ESPECIALLY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR WILLFULL ACT, FOR FRAUD OR FOR FRAUDULENT MISREPSRENSENTATION.
This EULA shall be governed by and construed together with our TC and in accordance with the laws of Hungary.
In order to resolve a complaint regarding the Apps or to receive further information regarding use of the Apps, please contact us at:
Haris Digital Engineering Limited Liability Company