EULA

Fine Software End-User License Agreement (EULA)

This End-User License Agreement (hereinafter referred to as the “License Agreement”) sets forth the terms under which Fine is willing to grant you, as the Licensee, a license to use the Software (defined below). The terms of this License Agreement are legally binding on you regardless of whether the Software was delivered to you directly by Fine or through a Reseller (defined below).

The License Agreement is concluded by checking the "I agree to the terms of the License Agreement" box when installing the Software or by paying the License Fee (defined below) for the Software. By purchasing from the e-shop, the subscriber confirms that the purchase was made as a person liable to pay tax (Section 5 of the VAT Act No. 235/2004 Coll., as amended). This declaration is irrevocable.

Fine grants you a non-exclusive and non-transferable right to install and use the Software including Documentation on your computer or on the computer under your supervision providing the License Fee has been paid, if required, and further under the condition of proper fulfilment of duties in accordance with this License Agreement. The License is not transferable to other legal entity without agreement of the Fine company. Transfer of the Software to other legal entities is permitted under the Enterprise License (see License Types). 

Software – software products developed by the Fine company.

License Fee – fee for the License that you pay in return for providing the License as well as for providing Fine Maintenance if this service is a part of the License.   

Reseller – person that is an authorized reseller of the Fine company.

Licensee – party obtaining the License, that is either you as a natural person or a business corporation or any other legal person.

Documentation – user’s documentation regarding the Software.

Defect – a fault or an imperfection of the Software that prevents the Software from functioning in accordance with the Documentation.

Non-commercial use – refers to the use of the Software for demonstration, testing, research, and teaching purposes only.

Fine Maintenance – support and maintenance program for perpetual licenses of Software. Explained in more detail in the User Support section.

Subscription - subscription based license. Explained in more detail in the License Types section.

The License entitles you to use the Software in accordance with the License parameters and the terms of this License Agreement. The type of License is determined by the type of customer, the method of use, and the financing.

Licenses by Customer Type

• Personal

Maximum 1 license of each program; the program can be run on one device.

• Business

Maximum 5 licenses of each program, up to 10 users.

• Enterprise

Unlimited number of licenses and users; licenses can be used in multiple countries (Multinational companies can use the license for branches in multiple countries)."

Licenses by Financing Method

• Subscription

A subscription license is granted for a period of 1 year after payment of the corresponding license fee. The current version of the software is always available to the user during the active subscription period.

• Perpetual License

A perpetual license can be used indefinitely in the version that was purchased. New versions can be obtained by subscribing to Fine Maintenance or by purchasing a Single Upgrade.

Licenses by Method of Use

• Commercial License

Intended for commercial use.

• Educational/ Student License

Intended for non-commercial use only.

• Demo/ Trial License

Provided free of charge exclusively for non-commercial purposes."

The Software utilizes the Fine Cloud License system. Licenses are stored in the cloud, and the program accesses them at startup (requires an internet connection). Licenses can also be permanently or temporarily transferred to a PC or a hardware key.

The Fine company declares and warrants that the Software is a property of the Fine company and that the company has the right to license the Software.

The Fine company does not warrant and cannot warrant the results obtained by using the Software. Accordingly, the Software is provided ‘as is,’ without any warranty of any kind and excluding legal liability for defects to the maximum extent permitted. The Fine company does not provide any other warranties considering the Software whether already expressed or presumed, legal or any other, including, nevertheless not specially, warranties for merchantability, title and suitability for a particular purpose.
The entire risk as to the quality and performance of the Software is with the Licensee.

The Fine company provides a warranty for the Software functioning:

(a) in accordance with the Software features description on the Fine company website

(b) in compliance with all applicable laws, and the Fine company will maintain all indispensable licenses, permissions, certificates and consents or those that could be required for the Software used by the Licensee according to the Agreement.

(c) in such a manner as not to cause any failure, malfunction or performance reduction of any related hardware, software, products or systems of the Licensee; and

(d) in such a way as not to cause any interruption of the Licensee´s business (except for an inevitable interruption necessary to perform the Software update properly, and which is agreed before it occurs).

In case of violation of the Fine company warranties, the Licensee, of his/her own choice, may:

(a) require the Fine company to amend the faults (if repairable) within a reasonable time period specified by the Licensee and in a period of time not shorter than 30 days; or

(b) terminate this Agreement and require a proportional part of the License Fee to be refunded for the period of time when the Software did not function, to the maximum of the total amount of the License Fee.

The warranty does not apply to any license granted free of charge.

Regarding the License Agreement and its performance, neither the Fine company nor its Resellers shall be liable for any income loss, lost profits, loss of production, business interruption, expenses caused by delay, lost possibility of use, lost or inaccurate data, or for any indirect, special, incidental, conditional or consequential damages of any kind even though they were informed about the possibility of such damage beforehand.

The Licensee is not authorized:

• to carry out any inverse analyses, software de-compilation or de-composition except as required by applicable law when necessary to obtain information essential for achieving interoperability of independently created program with this Software or with other program, if this information is not promptly provided by the Fine company or is not otherwise obtainable. 
• to hand over, distribute, lease, lend, provide a sublicense or to otherwise transfer the Software, Documentation or any part of them or the rights granted by this License Agreement to any other party without prior written consent given by the Fine company.
• to remove, modify or cover any descriptions, labels or logos of the Software or the Documentation.
• to modify, translate, adapt the Software or the Documentation or, based on them, to propose or create newly derived products for any purpose.
• to use any device, software or any other tools to circumvent or remove any protection form against illegal copying used by the Fine company in relation to the Software, or to use the Software with a hardlock, authorization code, serial number or any other device for protection against illegal copying not provided by the Fine company or by an authorized reseller of the Fine company.
• to use the Software in order to develop other software.

The Software is provided through the “Personalized Setup” tool which is available on the Fine company website. The tool also supplies future updates.The Software is provided through the "Fine Installer" tool, which also ensures future updates. The Software can be used only for such a device that meets technical parameters described in ´Hardware and software requirements´ on the Fine company website.

Basic technical support is provided free of charge via email or through the technical support form. Basic technical support is also provided for older versions of the Software, however Fine reserves the right to terminate technical support for versions for which there are at least two new versions as of the current date.
Priority support and the latest program versions are provided with a subscription.

Any amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

The Licensee agrees to the following: The Fine company or its Resellers may use the personal data in order to process the order and to provide technical support. The Fine company undertakes that it shall make the personal data accessible only to the necessary extent.

• The Fine company takes reasonable steps to protect client personal data against unauthorized access, use or disclosure. It shall treat the provided personal data with an utmost responsibility, and in compliance with Czech and European legislation – see under: https://www.finesoftware.eu/geotechnical-software/privacy-policy/