License Agreement - Software

THE SOFTWARE AUTHOR WHO IS ILONA KOSIŃSKA (SOFTWARE IS AVAILABLE FROM THE "WWW.TAKETECHEASE.COM" WEBSITE), FOR AND ON BEHALF OF ITSELF, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EXECUTABLE CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.

Last Revised: August 13, 2019

EXECUTABLE CODE LICENSE TERMS

1. DEFINITIONS 

"Software" means the software identified above in executable form that you selected for download, install or use (in the version You selected for download, install or use) from Ilona Kosińska, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Ilona Kosińska, and any user manuals, programming guides and other documentation provided to you by Ilona Kosińska under this Agreement.<br> 
Separate license conditions apply to "Courses". The term "Course" refers to the feature consisting of documentation designed for instructional purposes and attached computer Source Code (if any) you selected for download and use from Ilona Kosińska, any other machine readable materials (including, but not limited to, data files), any updates or error corrections provided by Ilona Kosińska.

2. LICENSE TO USE

Ilona Kosińska grants you a non–exclusive, non–transferable, limited license WITHOUT LICENSE FEES to use internally the Software complete and unmodified.

3. RESTRICTIONS

Software is copyrighted. Title to Software and all associated intellectual property rights is retained solely by Ilona Kosińska. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use; it is not designed as inherently dangerous applications. If you use the Software under unsafe or unstable computer operating systems, then you shall be responsible to take all appropriate fail-safe, backup, and other measures to ensure its safe use. Ilona Kosińska disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Ilona Kosińska ("taketechease.com") is granted under this Agreement. 

4. DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ILONA KOSIŃSKA FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL ILONA KOSIŃSKA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY.

6. TERMINATION

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Ilona Kosińska if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.

7. TRADEMARKS AND LOGOS

You acknowledge and agree as between you and Ilona Kosińska that Ilona Kosińska owns the software trademarks and all related trademarks, service marks, logos and other brand designations ("Software Marks"). Any use you make of the Software Marks inures to Ilona Kosińska's benefit.

8. GOVERNING LAW

This agreement is governed by the substantive and procedural laws of Republic of Poland. You and Ilona Kosińska agree to submit to the exclusive jurisdiction of, and venue in, the courts of JAWORZNO in Poland in any dispute arising out of or relating to this agreement.

9. SEVERABILITY

If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

10. INTEGRATION

This Agreement is the entire agreement between you and Ilona Kosińska relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations  and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorised representative of each party.