1.1 This licensing agreement (“Agreement”) provides for rights and obligations under which licensed service providers (“SP”) may use software products (“product”) from Flowmon Networks a.s., a company incorporated and incorporated under Czech Republic law and headquartered in Sochorova 3232/34. 616 00 Brno, Czech Republic, identification number: 27730450, registered in Brno landgericht trade register, section B, supplement 4906 (“Flowmon”), in relation to other SP services, as well as the conditions and restrictions under which the SP may grant its customers (“customers”) a sub-licence for the use of the product to the extent covered by this agreement. The SP (hereafter referred to as “company”) is required to enter into a subscription agreement with its customer that contains at least the following provisions or their modifications that do not change their function (the product is called “software”): 1. The company grants the customer a non-exclusive, non-transferable and temporary sub-license for the operation and use of software provided by the company. 2. The company or its suppliers, including the creators of the software, reserve all intellectual property rights to the software and no rights, title or interest of the software are transferred to the customer. 3. The customer cannot redevelop, decompile, decompile, decode and/or decipher the software or part of it under any circumstances. The client cannot translate, adapt, organize or modify the software or part of it. Four of them. The software and all additional services provided by the Company, whether alone or in combination with other software, hardware or services, are provided “as intended” without guarantee from the company or its suppliers, including the creators of the software, in terms of performance, compatibility, adequacy to a specific purpose, commerciality, non-counterfeiting, accuracy, security, security, stability or freedom of viruses, to or other malware.
5. Neither the company nor its suppliers, including the creators of the software, are liable to the customer for indirect damages, consecutive, incidental or special (including, but not limited, loss of revenue, loss or destruction of data, breach of privacy rights, breach of security or disclosure of confidential data) resulting from the use of the Software, regardless of the theory of liability, whether it arises from the contract, the unlawful act or otherwise, including negligence and liability. In all cases, the customer`s only recourse to the subscription contract or the software provided is the reimbursement of the sums actually paid to the company. 6. At the end of each sublicensing, the client must: a) stop using the software, (b) destroy and delete all copies of the software, including backups, its computers, hard drives, networks, systems and other storage media; (c) return or remove any other information, documents received from the company regarding the software; and (d) to confirm and confirm without delay in writing, at the request of the company or its suppliers, the performance of the above obligations to the company. 7. The customer acknowledges that Flowmon Networks a.s., a company incorporated under Czech Republic law and existing, established in Sochorova 3232/34, 616 00 Brno, Czech Republic, identification number: 27730450, the creator of the software, is the intended third-party beneficiary of this subscription contract and is entitled to all protection measures, liability limitations, disclaimers and other conditions for the benefit of the company and all its suppliers.