General license granting conditions and unilateral obligation regarding the non-disclosure of confidential data provided by:
the IAI joint-stock company (formerly a general partnership known as the IAI-System.com) with its headquarters at Piastów 30, 71-064 Szczecin (Poland), registered in National Court Register (No. 0000325245), later regarded as the Provider, to the ordering customer (later regarded as the Orderer) and relating to the demonstration materials of the IdoSell service (later regarded as the Demo) that is conducted on a commercial basis by the Provider.
Article 1. License terms
- The Provider grants the Orderer a free non-exclusive and non-transferable license allowing for use and reading of demo.
- The Orderer must neither reproduce or use the Demo in an unauthorized manner, nor any of its fragments, files and images.
- Demo is provided for testing purposes only, free of charge, for a specified time and remains the property of the Provider, who may end the demo testing period at any time and for any reason.
Article 2. Confidential information
- Confidential information relates to all information provided by the Provider in the Demo, in particular - the information concerning copyrighted technical solutions, the IdoSell service graphic solutions, displayed commercial information based on examples of real on-line stores and contact details of the customers of these stores.
- In addition, information not regarded by the Provider as confidential, which disclosure may lead to damage or loss of good reputation of the Provider or any of the Provider's customers, shall be treated as confidential.
Article 3. Disclosure of confidential information
- By disclosing confidential information one shall regard such a behavior of the Orderer by means of which any confidential information, provided by the Provider in the Demo, reaches an unauthorized person. Such action is prohibited by virtue of this obligation.
- Using the Provider's confidential information in one's own business or for one's own personal gain is forbidden.
- The Orderer confirms that he is aware of the fact that the disclosure of confidential information is an act of unfair competition and he knows the consequences of such an action.
Article 4. Granting rights to confidential information
- By passing confidential information, the Provider does not grant the Orderer any copyrights to the solutions used in the IdoSell service or any other solutions presented in the Demo.
- The rights to confidential information belong solely to the Provider and he does not transfer (explicitly or implicitly) any other rights to the Orderer, than those described in this obligation.
Article 5. Permitted disclosure of confidential information
- The Orderer may disclose Confidential Information to his employees and consultants only when necessary. The Orderer assures that the Confidential Information will be also kept secret by his employees and consultants under the terms of this obligation.
- The Orderer may disclose confidential information only when he will be obliged to do so under mandatory provisions of law. In such a case, the Orderer is obliged to inform the Provider about it as soon as possible.
Article 6. Information security policy
- The Orderer and User of the Demo must not enter any sensitive data in the Demo, including actual personal information.
- One cannot claim that in case of data or transaction import by the Orderer to the Demo, for the purpose of testing, there is any form of entrusting personal data processing to the Operator. The Operator does not take responsibility for incorrect data processing by the Orderer.
- The Orderer will do his best to ensure that test data and transactions entered to the Demo are fictional.
- The Orderer agrees to processing of personal data provided during the Demo activation process for the purposes of providing the Service and marketing activities by the Operator
- If, by any chance, a real order is added to the Demo, the Orderer is obliged to inform the relevant customer about the fact that this is a test service and the order will not be processed. Such order should be closed.
- All data used and created when using the Demo can be automatically deleted by the Operator after the trial period is finished.
- If the Orderer uses any files in the Demo (descriptions, photos, graphics), the Orderer declares that he is fully authorized to use such materials and that he does not infringe any third party proprietary or licensing rights.
- The Orderer releases the Operator from any claims resulting in the infringement of third party licensing or proprietary laws for content entered into the Demo.
- The Orderer cannot use the Demo in any way that can be treated as breaking the law or that can damage the reputation of any third party.
Article 7. Obligations of the Orderer
The Orderer pledges:
- To take adequate safety measures to protect the confidential information made available to him by the Provider in the Demo. He shall take at least such safety precautions as he does to protect his own confidential information.
- To exercise due care in protecting confidentiality of the information included in the Demo by the Provider.
- Not to present, copy, archive, take screenshots, sell or distribute the granted access to the Demo to unauthorized persons.
- To notify the Provider about any unauthorized use or disclosure of confidential information made by the Orderer or his employees and consultants.
- In case of unauthorized use or disclosure of information, to act in good faith with the Provider helping him to prevent further violation of this obligation and eliminate the consequences of such breach.
- To return within 7 days, upon an explicit written request of the Provider, all data storage media containing confidential information including originals, copies, reproductions and summaries of confidential information and the Demo.
Article 8. Restrictions
- In case of infringement of this Obligation, the Orderer shall cover all the costs incurred by the Provider. All the costs refer, in particular, to lost profits of the Provider resulting from the disclosure or use of the copyrighted solutions included in the IdoSell service or other information from the Demo used for the own benefit of the Orderer.
- Using the Demo to conduct the sale is prohibited. It is also forbidden to mislead third parties while using the Demo in order to obtain benefits or act to the detriment of third parties, including the other Demo users. All such actions are contrary to the present Terms of Service and Use, and the Orderer bears the sole responsibility for the arising consequences.
Article 9. Final provisions
- The present Obligation and its interpretation are subject to Polish law.
- If any provision of this Obligation is deemed as entirely or partially unlawful, invalid, ineffective or unenforceable, the remaining provisions shall remain in full force and effect.
- Any changes to this Obligation require a written form under the pain of nullity.
- None of the provisions of this Obligation shall be regarded as excluded by any act or negligence of the Orderer or his representatives and employees.
- The is a unilateral Obligation and therefore it is concluded for an indefinite time at the moment of ordering the Demo and is not subject to termination.
- The Orderer has been advised on his right to access, modify and remove (modification to an unidentifiable form) the data provided by him during the registration process. The Orderer agrees to have his personal data processed by the Provider.