Terms and  conditions  for selling the informatic programm

Terms and  conditions for using  the informatic programm

1 Terms for selling the informatic programm

2 Terms for using  the informatic programm

I. PARTS

1.1. S.C. VISUAL FAN S.R.L., with headquarters in Brasov,Liliacului  Street no. 16, registered at Register of  Commerce Brasov, under no. J08/818/2002 , fiscal code no. 14724950,as a and named from now on SUPPLIER.

And

1.2.LEGAL USER, as you can find it  definite in section VI of the agreement , named   further   in  a collective manner parts, 

Agreed that takeing in account the Law no. 8/1996 regarding the author rights and the interfacing rights, put through this agreement the rights to use a program for the computer,named further soft or software product.

II. CONTRACT  ITEM

2.1. a) THE SUPPLIER sell to LEGAL USER the software product for navigation.

b) The soft product which is the object of the present agreement  will include the operation program, the complete documentation and also the entire basadate.All ways to show,save and  codification of the code source of the software product printed format,in electronic format or graphic format will be considered as part of the software product.The corection of the errors,additional information or actualisation will be made by the LEGAL USER  after signing the agreement  will be considered part of the software product.

2.2. a) THE SUPPLIER   give to the user the right to utilize the soft program and the user oblige not to transmit it to another individual or legal entity. 

b) The cession of the user right of the soft program do not involve also the copy- right of it.                  

2.3. a) LEGAL USER may, without  author authorise, to observe,study or test the operating way of the soft program with the purpose to determinate the ideas and principles which are at the base of this soft.

III. END OF AGREEMENT

3.1. The parts agree that the present contract can be considered signed through the behavior of the parts without the signatures.   

3.2.Therefore, LEGAL  USER allow that, after the legal aquisition of the software product,any rate of utilization or instalation  of it on a hardware support,will be considered action which has an implicit result end of agreement between  SUPPLIER and  LEGAL  USER .

3.3. The date of the agreement is the date of  execution of the first action of using it.

3.4. The present agreement do not privilege the persons who, illegally, buy, utilize or install the software product on a hardware suport.

IV. COPY-RIGHT

4.1. THE SUPPLIER  or his partners are exclusive titulars of the copy-right regarding the software which is the object of the agreement.

4.2. Regarding the titulars of the copy-right  concerning the structure of the database,component part of the software product, THE SUPPLIER  has rights of representation and usage given by the titulars, in the relation between SUPPLIER and LEGAL  USER.

4.3. By signing this agreement, THE SUPPLIER  will have all the rights regarding the software product excepting the ones  to be right in by this contract or by the laws of  the  LEGAL  USER.

V. LIABILITIES

5.1.  Altogether with all efforts for creating the software program, THE SUPPLIER do not guarantee that it is without errors and do not sustain that the product is absolutely perfect.  

5.2. THE SUPPLIER  do not guarantee that the software product is suitable to all kind of  purposes  definite by any of the parts or that the product is compatible with every system or product (software or hardware).

5.3. THE SUPPLIER do not assume the  responsability for any kind of damages produced  as sequel of the software product (including program errors,data base errors or documentation errors).

5.4. Respecting the traffic rules, taking all the security and protection measurements is the exclusive responsability of the LEGAL USER, THE SUPPLIER  do not have any responsability for the damages caused by using the software program durring travel.

VI. LEGAL USER RIGHTS

6.1.  LEGAL USER  is the one who ,legal,  buy,use  and install on a computer ,vehicle or any other hardware support  the software product. He has the following rights:

To install the software product on a hardware support only once.

To make a copy for safety ,only if it is necessary.the safety copy can be used only in the case when the software product is impossible to use.

VII. LIMITATIONS FOR USAGE

7.1. regarding the software product is forbidden for the  LEGAL USER:

a) to multiply the product, to separe it or to translate it ( including the translation or compilation in other programming language ).

b) to rent it , lend it ,distribute it or transfer in  any way  his rights to another third person.

c) to modify, extend ,transform ,segregate  it in diffrent parts,combine or install  on other products .

d)to obtain information from the database structure,to copy it,modify,extend,transform,install or utilize it on other products for any reason.

VIII. PENALTIES

8.1. In case of  transgress of his rights , THE SUPPLIER  will ask the following:

a) recognition of the transgress in front of the instance   

b) stop the transgress and  go to the initial settings on the expens of the guilt person, also has to distroy all the instruments and materials used for the transgress or the products obtained after the transgress.

c) ask for damages.

8.2. THE SUPPLIER  inform that violation of the copy-right and the annex rights draw civil responsability,contraventional or penal after each case according with Romanian law.

IX. SOLVING THE DISPUTED ISSUES

9.1.The parts agree that the disputed issues that may appear after signing the agreement  to be solved  by the competent instance at the headquarters of  THE SUPPLIER.