PLIKSHARE END USER LICENSE AGREEMENT

This end user license agreement ("Agreement") sets out the terms on which Damian Krychowski (conducting business under the name Damian Krychowski, registered office and address for service: ul. Marii Skłodowskiej-Curie 8/22, 42-400 Zawiercie, Poland, NIP: 6492262191) ("PlikShare") provides you with access to the Software and the terms on which you may use the Software.

INTRODUCTION

You enter into this Agreement by:
1. clicking a button or check box to indicate acceptance when purchasing or installing the Software,
2. specifying ACCEPT_EULA=Y when running the Docker container,
3. making the one-time payment for the Software license, or
4. otherwise accessing or using the Software.
This Agreement grants you a perpetual license to use the Software version you have purchased, subject to the terms and conditions outlined herein.
If you are entering into this Agreement on behalf of another entity such as your employer, you warrant and represent you have legal authority to bind that entity.
By entering into this Agreement, you acknowledge that you have read, understood, and agree to be bound by all of its terms and conditions.

TERM

Your license begins when you purchase PlikShare.
This is a one-time purchase that grants you lifetime access to the version of PlikShare you've purchased, including all minor updates (1.x.x versions) within that major version.
Access to future major versions (e.g., 2.0.0, 3.0.0) may require an additional purchase, but this is not mandatory to continue using your current version.

SOFTWARE

You can download the Software from sources listed on the PlikShare website at https://plikshare.com/download. After the payment, PlikShare will provide you with a license key for the Software in accordance with the terms of this Agreement.
You are responsible for downloading, hosting and operating the Software on your own infrastructure.
The Software contains open source software. The list of these components is available at https://plikshare.com/acknowledgments. You agree that such components are not subject to this Agreement and are provided to you on, and subject to, the terms of the applicable open source licenses.

LICENSE

Subject to you paying the one-time Fee, PlikShare grants you a non-exclusive, non-transferable, perpetual license to use the Software for your internal business purposes only. This license applies to the version of the Software you purchased and any subsequent minor updates (1.x.x versions) within that major version.
The license granted is not limited by time or subscription terms, but is limited to the specific major version you purchased.
No intellectual property rights are transferred or assigned by PlikShare to you pursuant to this Agreement. You only receive the rights to the Software expressly set out in this License section.
This license does not automatically grant you access to future major versions of the Software. Access to new major versions (e.g., 2.0.0, 3.0.0) may require an additional purchase.
This license permits you to host and operate only a single instance of the Software. Multiple instances or installations require additional licenses.
The Licensee shall not obtain access to the Application’s source code. The License shall automatically terminate with immediate effect if the Licensee or any third party (including, in particular, Users) attempts to reverse-engineer or decompile the Application’s source code.
The License for the use of the Application does not create an obligation on the part of the Licensor to provide any related services, including technical support, unless otherwise specified in the Agreement or in other arrangements between the Parties.
The Licensee acknowledges, without reservation, that the Application has been developed to meet general market needs and may not fulfill all specific expectations and requirements of the Licensee.
This Agreement does not constitute a basis for granting the Licensee any rights associated with the Licensor’s trademarks or trade names.
The Licensee is responsible for ensuring that the use of the Application complies with the laws in effect in the jurisdiction where the Application is used.
The License is granted to the Licensee with the following usage rights:
1. To use the Application in accordance with its functionalities for the internal purposes of the Licensee, particularly for any purpose related to the Licensee's business or professional activities;
2. To create backup copies, if necessary for the use of the Application, provided that such backup copies cannot be used concurrently with the original version of the Application;
3. To store the Application on Devices where it will be used, including both internal and external storage media, such as HDD/SDD drives, flash drives, SD cards, CDs, DVDs, floppy disks, cloud storage, and servers;
4. To display and reproduce the Application, including public demonstrations, streaming, and the creation of audiovisual materials presenting the Application;
5. To generate reports, printouts, analyses, and documents using the Application and to utilize such outputs of the Application in any manner determined by the Licensee.

DEMO LICENSE

Prior to entering the license key, the Customer utilizes a free DEMO version of the application, which is governed by a trial license type.
Use of the DEMO version of the application is permitted solely for the purpose of acquainting the Customer with its features.
The DEMO version of the application may include certain functionality limitations; specifically, the DEMO version restricts the ability to download files that have been previously uploaded to the server.
The trial license is granted free of charge.
To obtain the full commercial version of the Software, the Customer is required to purchase and activate the license key.

PRICING & PAYMENT

The one-time Fee for the Software is set out on the PlikShare website at https://plikshare.com/buy
Payment options:
1. Pay the one-time Fee through the secure third-party online service available on the PlikShare website; or
2. For eligible customers, pay the one-time Fee through an agreed method of direct payment, subject to prior arrangement with PlikShare.
There are no recurring charges or subscription fees associated with your purchase of PlikShare.

SUPPORT

The one-time purchase of PlikShare does not include ongoing technical support.
Support services may be available for an additional fee, subject to separate agreement.
If you are interested in purchasing support services, please contact us via email at [email protected] for more information and pricing.

CUSTOMER OBLIGATIONS

You agree, except to the extent permitted by applicable law, not to:
1. reproduce or otherwise copy the Software or trademarks of PlikShare, unless expressly authorized by PlikShare;
2. seek to obtain or derive the source code, underlying ideas or algorithms of the Software;
3. resell the Software or resell access to or use of the Software, including on a service bureau basis;
4. incorporate the Software in, or bundle the Software with, any product that you provide to a third party;
5. attempt to work around any technical limitations in the Software that only allow you to use the Software in certain ways;
6. reverse engineer or decompile any part of the Services offered by PlikShare;
You are responsible for:
1. compliance with your local laws and regulations;
2. secure configuration of the Software on your servers;
3. maintaining the confidentiality and security of your license keys for the Software;
4. your use of the Software and outputs of the Software;
5. respecting privacy, confidentiality, trade secrets, and intellectual property rights, such as trademarks and copyrights;
6. not using the Services to commit, promote, enable, or facilitate illegal or criminal activities or violations of the terms of service, nor encouraging others to do so.
You must ensure that all persons who use the Software on your behalf or who otherwise have access to the Software also comply with the requirements of this Agreement. You will be responsible for any acts or omissions of people who use the Software on your behalf or who otherwise have access to the Software through you, as though those acts or omissions were yours.
You agree not to transmit, store, or share any Content that:
1. violates intellectual property rights, privacy rights, including data protection rights, and any other applicable laws;
2. promotes racism, violence, or hatred;
3. facilitates or promotes gambling, sale, or use of alcohol, tobacco products, or illegal substances;
4. is false, misleading, or deceptive;
5. contains child pornography;
6. is obscene, defamatory, libelous, blasphemous, discriminatory, threatening, harmful, or illegal;
7. constitutes hate speech, whether directed at an individual or a group, and whether based on any characteristic of such individual or group.
Additionally, you agree not to:
1. send spam, viruses, or other malicious content to others;
2. harass, intimidate, or incite others to act unlawfully.

NO WARRANTY

While PlikShare uses reasonable care in providing the Software, PlikShare cannot promise that the Software is free of faults or errors.
PlikShare may make updates available from time to time via our website or supported distribution services including Docker Hub as part of your subscription. It is your responsibility to monitor our website for updates and download any updates. PlikShare will not be liable to the extent that we have made an update to the Software available and you have not downloaded that update.
Subject to law, and without limitation, PlikShare makes no warranties or representations, in relation to the Software including as to its merchantability or fitness for a particular purpose.

LIABILITY

Neither party will be liable to the other party or any third party for any consequential or indirect loss or damage, including without limitation, time, money, goodwill, loss of custom or lost profits, which may arise from the use, operation, maintenance, modification or failed use of the Software, except where the loss or damage is the direct result of the relevant party's negligence, fraud or willful misconduct.
To the maximum extent permitted by law, PlikShare limits its total liability to you, whether in contract, tort (including negligence), or otherwise, to the amount you paid for the Software license.
This limitation of liability section does not apply to any liability that cannot be excluded or limited under applicable law.

TERMINATION

PlikShare may terminate this Agreement:
1. Immediately, if you materially breach any term of this Agreement;
2. Upon reasonable notice, if continued provision of the Software becomes impractical or illegal.
You may terminate this Agreement at any time by discontinuing use of the Software and destroying all copies in your possession.
Upon termination of this Agreement for any reason:
1. Your license to use the Software will automatically terminate;
2. You must immediately discontinue use of the Software and destroy all copies in your possession.
Termination of this Agreement does not entitle you to a refund of the one-time fee paid for the Software license.
Any provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

CHANGES TO THE TERMS

PlikShare may update this Agreement from time to time to reflect changes in law, best practices, or the features of the Software. The updated terms will be provided on our website. It is your responsibility to review the website periodically for any changes.
Any update to this Agreement will apply only to new versions of the Software that you choose to download and install. If you continue to use your existing version of the Software, the version of the Agreement in effect at the time of your purchase will continue to apply.
If PlikShare updates this Agreement in a manner that materially and adversely affects your rights or obligations, and you do not agree to those changes, you may:
1. Continue to use your existing version of the Software under the previous terms; or
2. Cease using the Software and terminate this Agreement by providing written notice to PlikShare.
PlikShare will not make any changes that retroactively diminish your rights for your existing, purchased version of the Software.
Your continued use of the Software after the effective date of any changes constitutes your acceptance of the updated Agreement.

ASSIGNMENT

You may novate this Agreement to an entity that acquires all or substantially all of your business or assets.
Except as set out in paragraph 34, you may not assign your rights under this Agreement, unless PlikShare consents.
PlikShare may assign its rights under this Agreement on notice to you.

GENERAL

This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.
A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force.
This Agreement will be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Both parties agree to submit to the exclusive jurisdiction of the courts of Poland for resolution of any dispute arising from this Agreement.
If you are a consumer within the European Union, you may also have recourse to the court of your country of residence for resolution of any dispute arising from this Agreement, in accordance with EU consumer protection laws.

DEFINITIONS

For the purpose of this Agreement:

"Privacy Policy" means the PlikShare privacy policy available at https://plikshare.com/privacy-policy
"Software" means PlikShare's proprietary file sharing software

Thank you for your careful reading!

If you have any questions, I am always at your disposal – please contact me using the data provided at the beginning.

I invite you to cooperation,

Damian Krychowski