Art. 10 Using the App
Art. 10.1. The Licentiate has the obligation to respect the integrity of the App, not to cause any kind of changes, as he is not allowed to carry out any decompilation, decryption, piracy, modification, creation of derivative products, permutation, deactivation activities or any other operations which may have as effect or purpose the obtaining or the alteration of the source code, and not to try any of these or allow, consent or authorize a third party, as these represent the violation of the Licensor’s right of intellectual property.
Art. 10.2. The Licentiate is forbidden the unauthorized access to other accounts on the App, which he has not been granted the access password for by the Licensor or that has not been created by the Licensor, and he is also not allowed to try to get hold of any data or information which is available on other administrator accounts or subsequent accounts of other Users.
Art. 10.3. The Licentiate takes the risk in connection with the quality and the performance of the App, as the Licensor is not responsible, in any circumstances, for any kind of damage, including direct or indirect damages, caused by the quality or by the performance of the App.
Art. 10.4. The Licentiate is responsible that every user of the Subsequent Accounts should respect the integrity of the App as it has been previously described and any violation of the rights related to the integrity of the App, as a result of the access or of the usage of a Subsequent Account, will have the same consequences as if it had been caused by the Licentiate.
Art. 10.5. The Licentiate will only use the App for personal interest, without having the right to transfer, to sell, to license, to estrange the access to the app under any circumstances, inclusively to transfer the username and the password which were granted by the Licensor under any name.
Art. 10.6. The Licentiate is responsible for all the collecting, registration, organization, processing and storage of the data activities on the App.
Art. 11. The Available Content
Art. 11.1. On the App, the Licentiate has the possibility to upload, promote, share, commercialize, access, use or download (which are collectively called „Use”) the Available Content, according to the chosen type of Subscription. The Licensor does not check or control the Available Content on the App and he is not responsible for any damages caused by its usage.
Art. 11.2. The Licentiate is responsible for the entire Available Content which he uses and which infringes copyright, brand right, trade secret, patents or any other intellectual property rights of a third party. The Licentiate has the obligation to compensate the Licensor for any damages or charges (including the lawyer's fee) which have been caused directly or indirectly by the usage of the Available Content by the Licentiate, while violating the rights of a third party.
Art. 11.3. Through the App, the Licentiate has the opportunity to conclude other license contracts with a third party regarding the Available Content. The Licensor is not a part of these contracts and he operates neither as an agent, nor as a middleman regarding the conclusion of such contracts. The contracting parties take the entire responsibility for the rights and for the obligations which are established in these contracts.
Art. 12 The Feedback
Art. 12.1. By sending any piece of information, idea, document or file (which are collectively called „Feedback”) to the Licensor in connection with the functioning of the App, including but without being limited to technical issues or suggestions regarding solutions to the current issues, or any other changes which may make a difference to the App, the Licentiate offers to the Licensor a nonexclusive, transferable, permanent and free license right regarding the content of the Feedback, on the basis of which the Licensor has the right to copy, share, adjust, transform, translate, create derivative works, publish and commercialize the result of the implementation of the Feedback which has been sent by him.
Art. 13 The property rights over the data on the App
13.1. The Licentiate will introduce on the App, after accessing the Administrator Account, precise data which corresponds to the available fields, including personal data related to the users of the Subsequent Accounts, as the Licentiate is the owner and the responsible one of this data, starting with the date when they were created. Any access, modification, processing or sending activity of the data to a third party will be carried out only with the Licentiate’s approval.
13.2. The Licentiate has the right to save the data on the App or to carry out any changing, processing or deleting activity of this data.
13.3. The Licentiate has the obligation to save the information which is introduced on the App during the contractual term and to safely archive or delete the information, according to the rules regarding the security of personal data.
13.4. Within 60 days from the termination of the contract, the Licensor will delete all the data which has been entered by the Licensor through the responsible representatives from the App, except for the situation when the parties do not establish another method.
13.5. The Licentiate claims that he respects the applicable legislation and that he owns all the agreements and the authorizations which are necessary for the usage of the app and for the creation of the database on the app, inclusively those which are mentioned in the Law No. 677/2001 in connection with the safety of the personal data and with free circulation of this data, implementing appropriate technical and organizational procedures, in order to respect the privacy and the integrity of the personal data, as he has the responsibility to respect the rights of the individuals whose data is analyzed, the privacy and the safety of the data outside the app. The Licentiate has the obligation to show to the Licensor, at his request, anytime during the contractual term, as well as after the termination of the contract, the written agreement of the users of the Subsequent Accounts or of their legal representatives. Should the Licentiate not get hold of or show this agreement, he will be responsible to cover the damages which have been caused to the certain individual, as well as to the Licensor.
Art. 14 The safety and the privacy of the data
14.1 The Licensor agrees to the fact that the data and the information on the App represent the possession of the Licentiate and that they are private, and he will access them only to guarantee the functionality of the App or to grant access to the owners of the Subsequent Accounts.
14.2. The Licensor will sign various privacy agreements, in connection with the data and the information which may be accessed by the Licensor during the contractual term, with the staff that is involved in the fulfillment of the contractual obligations.
14.3. The Licensor has the obligation not to reveal any passwords, access codes or any other data or information which has been sent by the Licentiate and to assure himself that these are used by the employees only for the fulfillment of the contractual obligations.
Art. 15 The Intellectual property rights over the App
15.1. The Licensor is the sole owner of all the rights over the app, meaning over the programs, the apps, the up-dates, the brands, the drawings, the know-how and the copyright elements.
15.2. The Licentiate is offered a right of nonexclusive usage of the app by the Licensor through the terms of this contract.
15.3. The Licentiate is forbidden to carry out or to allow the carrying out of any decompilation, copying/unauthorized usage, modification, translation, creation of derivative products, permutation activities or any other unauthorized interventions which may have as an effect the acquirement/alteration of the source code, as these are all considered to be violations of the Licensor’s intellectual property rights.
15.4. The Licentiate will not use the programs, the data and/or the pieces of information which are included in the app in order to lease them to a third party or for any other services of direct exploitation by the third party, unless a separate agreement is signed with the Licensor.
15.5. The Licensor states that:
- he is the sole owner of the patrimonial intellectual property rights over the App;
- the App presents the particularities of a genuine creation, which is sensitive to meeting the public and able to be expressed concretely according to the Law No. 8/1996 regarding the copyright and the related rights, and the Licentiate is cleared of any responsibilities regarding the litigation which is caused by the violation of the intellectual property rights by a third party;
- the right of usage of the App which is granted to the Licentiate does not come into collision with any other commitment, agreement or contract which has been previously concluded by the Licensor;
- the App does not include any other hidden collecting/processing/delivery of information functions or any other follow-up codes which may cause the deliberate damage of the data, of the programs or of the equipment/system which is used to access the app.
15.6. The Licensor guarantees that the app was created using a fair level of experience and qualification regarding the ordinary operations in this particular field.
15.7. The Licensor does not guarantee and is not responsible for any delays of delivery or for not receiving the data and the information, as a result of the lack of connection or because of any other reasons that are related to the virtual environment, which is used for the delivery, or to its security.
15.8. The Licensor cannot be considered responsible for any kind of direct, indirect, subsequent or accidental damages which have appeared as a result of the exploitation or of the incapacity of proper usage of the App.
15.9. Under no circumstances will the Licensor’s responsibility exceed the amount of money which has been paid for the App by the Licentiate.