License agreement

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TERMS AND CONDITIONS OF THE LICENSE AGREEMENT 

with final user for software product AGROSYSTEMS developed by “VIP SOFTWARE” LTD

 

   The current license agreement (the “Agreement”) is a contract between “VIP SOFTWARE” LTD from one side as owner of the software product that includes computer software and electronic documentation, connected media and printed materials (hereinafter referred to as “Product”) and You from other side as user of the Product. By installing, copying or using in any other way the Product or its latest versions (as they are defined below) You agree and bound by terms of the contract. Pressing the button “Continue” while making a registration for the Product (if You install it by yourself) or signing the license agreement on paper, means that You agree with the points of the contract. If you do not agree with the terms and conditions defined in the current Agreement, do not install, copy or use in any other way the Product.

   If you install, copy or in any other way use any of the versions or other components of the Product, which You received as separate part of the Product, You are bound with additional license conditions which are related with this new versions. If you do not agree with the additional license conditions which are related to the new versions, do not install, copy or use in any other way these versions.

  The Product is under protection of the Bulgarian Copyright Law and International copyright agreements and other applicable laws and agreements about intellectual property. The Product is licensed not sold. License terms and conditions on paper which may be disseminated with the Product, substitute the license terms and conditions that are visualized on the computer screen by activating a link in the Product.

           
  1. When buying one company license this Agreement allows You to use one copy of the Product that is located on one server (server or standard computer system) and installation of work places (in local or VPN network) according the bought amount of licenses for work places. “Using the Product” means: loaded in the memory (RAM) software, installed on permanent carrier on the computer (hard disk, CD, flash memory, diskette or other memorizing device). 
  2. The software cannot be resold. You do not have the right to resell or give in any other way the Product.
  3. You cannot modify the executable code. Decompilation, disassembling, modification or adapting previous versions of the Product are forbidden.
  4. You do not have the right to rent or borrow the Product to third party.
  5. The current agreement does not provides You the right to use trademarks or other marks of “VIP SOFTWARE” LTD.
  6. Service – only “VIP SOFTWARE” LTD representatives may provide service for the Product. “Service in the Product” according current Terms and Conditions means: other updates, reinstalling Agrosystems server, additional modifications and resets of the Product, which are not included in the common system work. The user’s system administrator might take part of these activities by complying provided by “VIP SOFTWARE” LTD executing procedures.
  7. You do not have the right to assign or pledge your rights under this Agreement to any third party – persons or entities.
  8. The Product is licensed as whole product.
  9. All trade names, product names or any other names, which are similar to “VIP SOFTWARE” LTD names as well as any other intellectual property rights, related to the Product, all the printed materials and copies of the Product, are property of “VIP SOFTWARE” LTD and are under the protection of international and national norms for intellectual property protection.
  10. If you purchase the Product in Republic of Bulgaria, this Agreement is under Bulgarian jurisdiction. If the Product is purchased outside Republic of Bulgaria, this Agreement is under the jurisdiction of the country concerned.

If You have any questions about the license agreement or You are willing to contact “VIP SOFTWARE” LTD, You can do so on tel.: +35982/834 188, on e–mail: This email address is being protected from spambots. You need JavaScript enabled to view it. or in company’s head office at Bulgaria, Ruse, str. Stefan Karadzha 10. 

“VIP SOFTWARE” LTD is not responsible for non-performing functional indicators due worsen parameters and imbalance of the technical or system surrounding; errors due to improper operation; infecting the computer system with viruses; damages in computers and other objective condition of the surrounding leading to impossibility for work with the Product. “VIP SOFTWARE” LTD and its providers are not responsible for any uncommon, accidental, indirect or following damages and missed profits (including damages from loss of business profit, business suspension, loss of business information or other cash losses) in result of using or impossibility for using the Product or the impossibility for service.

If you signed separate contract for service, provided by “VIP SOFTWARE” LTD, full responsibility for service is settled according that contract.

Hypotheses in which “VIP SOFTWARE” LTD is not responsible for the work of the Product:

  1. The Product is operated on computer systems with different configuration from the one that is indicated in Product’s documentation. On the computer systems are installed other applications which interrupt or forbid Agrosystems working.
  2. The Product is not installed according the instructions in Product’s documentation.
  3. The Product is operated on malfunctioning technical devices, on a problematic local or VPN network.
  4. The Product is operated on unlicensed Microsoft Windows versions or there is another software, which was not uninstalled from the devices by requirement of the implementing team.
  5. Employees who are unfamiliar with the operating requirements indicated in Product’s documentation operate the Product.
  6. In the Product or in the database are made changes with instruments that are not included in the distribution package and are not coordinated with “VIP SOFTWARE” LTD or devices that violate “VIP SOFTWARE” LTD copyright.
 

 

Conditions for prolonging subscriptions for the software product Agrosystems for the subscribers of the Product
 

Product subscribers receive all the improvements and adjustments led by legal changes and other normative documents, all improvements of Product functionality. New versions of the Product are received/available, according Enclosure1 to the Sales contract.

Before the expiration of the subscription periods, every client receives notification including pro-form invoice. If the client wants to prolong the subscription, the client should pay the subscription payment. After the payment, the client receives an invoice, an additional agreement to the sales contract and new Application 1, which is inseparable part of the additional agreement. This client receives new versions. If the client do not prolong the subscription, the Product stays in the condition it is at the time of expiration of the subscription. “VIP SOFTWARE” LTD is not responsible for the Product’s condition after expiration of the subscription if it was not prolonged. If needed, the client receives software or any other help on the current price list. 
Clients with expired subscriptions that were not prolonged, who are willing to restore their subscription, can restore it by one of the following ways:

-          The client pays on the current price list 40% of the amount of the package the client already had and the chosen subscription;

-          The client pays the subscription on the current price list for the entire expired period.

 

Conditions for transferring the software product Agrosystems 

for clients who bought license for using the product

 

When buying a license for using a software product, the computer configuration of the server on which the databases will be installed (Agrosystems core), ways for archiving the data and the connection with the rest of the working stations on which will be fulfilled the work with the server, should be estimated very carefully. With the program installation, you receive the right to use Agrosystems core only on one server with the relevant number of workstations on which is made the installation of the application. It is also possible the server to be workstation.

Before the reinstallation of the server’s operating system; replacement of a hardware component or the whole computer, the client is obligated to notify “VIP SOFTWARE” LTD for taking the necessary measures for storage the database and guarantee further use of the software system. 
For making new installation of the Product (part of the server) without buying a new license, one of the following situations should be emerged and proven:

  1. Complete replacement of the working server configuration – it is allowed only in “VIP SOFTWARE” LTD office, by distant access from “VIP SOFTWARE” LTD specialists or by authorized from our company individuals.
  2. When the configuration is stolen or destroyed and after submission of a document for buying the software product, submission of a police statement for the accident and the last archived base.

If none of the above hypotheses is fulfilled, the client should buy new license for using the relevant software product.

 

Minimum requirements to the operators and computer system for working with the management software system AGROSYSTEMS

1. Minimum computer literacy of the operators.

 1.1. Working with a computer mouse, starting the program/icon, not deleting “random things” from the screen;

 1.2. Working with e-mails and downloading attached files; 

 1.3. Copying, archiving and unzipping files (for documents from/to Municipal agricultural office).

 

2. The operators should have knowledge about the relevant area in which they work with Agrosystems.

 

 2.1. The operator should know what kind of data he/she is willing to process with the software product.

 2.2. The operator should be familiar with the business model of the entity for which the license is bought and with the applicable for its activity regulatory framework.

 

3. To avoid problems while working with the program:

 

 3.1. Before pressing “OK” read carefully the popped-up asking message about any activity (e.g. for deleting).

 3.2. When you think that something “is not calculated correctly”, first check if you worked properly.  When you have phone or written inquiries, specify on which menu, exactly what have you imported/done and what message is written, what data have you expected and what have you received (specific digits, data…).

 

4. Your computer and monitor should be included in the power supply in order for the system to work properly (they should also be connected to each other) and to have properly connected to them keyboard and mouse (and printer in most of the occasions). If you are in a network, the machine – server should be turned on in order for the additional work place to work properly.

 

 4.1. Minimum requirements to the system are published on the trader’s website.

 

Basic concepts used in the current Terms and Conditions of the License Agreement 

IMPLEMENTATION – essence:

The implementation is complicated process, which is accomplished jointly with the employees of the trader and the client. “VIP SOFTWARE” LTD works on standardized and practically proven methodology of implementation, which is developed in business surrounding, certified on ISO 9001:2008. Thanks to extensive practical experience, instructions have been developed and validated to ensure adequate practical application.

While making the implementation, you designate a responsible operator who makes further contact with “VIP SOFTWARE” LTD.

The system implementation is individual for each client. The implementation is on stages in order to ensure easier and more effective management and results evaluation on every stage. Filling of questionnaires about the implementation and creating a plan for the implementation are required. Each stage ends with the preparation of a protocol. Planning the resources – material, time, human, financial, etc., is extremely important for business organizations and is accomplished by the suggested complete solution for managing agriculture – AGROSYSTEMS.

 

SUBSCRIPTION

 - Includes:

-  Every improvement and correction in the Product caused by changes in legal and other normative documents;

-  Every functionality improvement in the Product. New versions are received according Application 1 to the contract.

 

- Does not include:

-  Providing additional (new, not bought) functionalities of the software products.

-  Services on: installation, implementation, tutorial for work and other help services from employees and distributers of “VIP SOFTWARE” LTD except the ones that are included in Application 1 to the contract.

 

 MAINTANCE 

- Includes:

-      Answers of every question send on trader’s email, which are related to the software product Agrosystems, and is not included in sections “implementation” or “tutorial”.

-      Software help for unusual messages and situations on the working process with the Product.

 

- Does not include: 

-     Settings and troubleshooting of system or network software as well as any other attached software. They could be additionally negotiated but are not subject of the current Terms and Conditions.

 

TUTORIAL

1. Individual tutorial, based on provided electronic educational materials – free.

2. On the current price list or according the negotiated plan for implementation:

-  Tutorial that is fulfilled by employees of “VIP SOFTWARE” LTD and its distributors (on the initial installation or additional on the price list or in courses).

Includes: general introduction with the Product and its functionalities, main menus and screens. Specification of sequence of action, main rules and work specifics - when you import data or make inquiries. The tutorial provides principle guidelines for action. The operator, who is going to work with the Product, has the opportunity to control various data types.

-  Distant tutorial via online connection.

-  Current tutorial – periodically sending educational materials after improvements in further work versions of the Product.

 

INSTALLATION OF THE PRODUCT (initial and of further versions).

- From trader’s specialists – the Product is installed on tuned working computer system (local or VPN network) that respond to the requirements, which are described in the documentation.

- From client’s specialists according the instruction. In that case, the trader is not responsible for any lapses.

 

ANY UNSETTLED IN THE CURRENT AGREEMENT QUESTIONS, SHALL BE FINALLY SETTLED IN ACCORDANCE WITH THE LAWS OF BULGARIA AS WELL AS THE INNER AND INTERNATIONAL LAWS FOR PROTECTION OF THE INTELLECTUAL PROPERTY.

 

 

 

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