1. This Agreement is being concluded between you (the " User ") and kreuzwerker sp. z o.o. sp.k. (" XW PL "), with its registered office in Warsaw, Poland (address: ul. Imielińska 17, 02-710, Warsaw, Poland), entered into the commercial register under KRS No 689111, (District Court for the Capital City of Warsaw XIII Commercial Division), tax ID No (NIP) 1080016267, with a share capital of PLN 80,000.00.
2. This Agreement contains terms and conditions of use applicable to the "PaperGPS" and "PaperGPS Premium" mobile software (jointly: the " Software ") created and owned by XW PL and offered either directly or through other vendors. In the latter case, such vendors' rules might also apply and the User shall review them with due care before purchasing the Software. The User agrees to the provisions of this Agreement by downloading and/or using the Software. This Agreement shall apply accordingly to all versions, updates, patches and other modification of the Software created and/or provided by XW PL. XW PL reserves a right to transfer a part of or all of its rights and obligations under this Agreement to another entity and also to set out additional terms and conditions for the use of the Software or modify those set by this Agreement, particularly in connection with the introduction of new features of the Software; such additional or modified terms and conditions shall be posted on the app's website (www.PaperGPSapp.com) and shall come into force after being published on that website for 30 days (in such a case applicable consumer protection laws might grant certain rights to the User, such as a right to terminate this Agreement), unless the modified terms and conditions would concern a new version of the Software and therefore would have to be accepted by the User in such new version's installation process. Downloading or use of new versions or feature of the Software might be conditional upon their purchase by the User.
3. By purchasing the Software the User accepts and XW PL grants the User a non-exclusive limited license for the use of the Software (the " License "). Under the license the User is allowed to download, install and use the Software solely for his/her purposes and only in accordance with this Agreement, user manuals as well as other documents provided with the Software. Any extension of the scope of this License (such as e.g. granting a right to sub-license or lease the Software) would require an express written consent of XW PL, otherwise being null and void. The License provides the User only with the rights expressly indicated in this Agreement. A single purchase of the Software (single License) allows the User to use the purchased Software on a single device.
4. The User hereby acknowledges that this Agreement concerns use of the Software and, therefore, any maps, plans or other third party content downloaded, purchased or otherwise acquired through the Software's interface might be subject to separate terms and conditions of use set out by third parties as well as laws applicable in various jurisdictions. The User shall carefully review all applicable regulations, instructions or agreements and abide by their provisions which might, among other things, restrict authorized use of such third party content to private (non-commercial) purposes.
5. The User shall not be allowed to, among other things, modify, distribute, offer, sub-license, lease, decompile, copy, publicly present or advertise the Software and/or any part of its code as well create any other software on the basis thereof – without express written consent of XW PL. The Software itself as well as its trade names, components and design are protected by law and constitute sole property of XW PL.
6. Additionally, the user:
- shall install and/or use the Software only on mobile devices for which the Software has been developed, i.e. iPhone 5, iPhone 5s, iPhone 6 series, iPhone 7 series, iPhone 8 and only on original operating systems;
- shall not modify the Software or its code or use any third party applications that directly affect how the Software operates in relation to the purpose intended by XW PL as its developer; in case of any doubts, you shall contact XW PL before attempting such actions with regard to the Software and proceed only upon obtaining XW PL's express written consent;
- shall not use the Software in a manner that could threaten or breach any other person's intellectual property or other rights, particularly with regard to any maps, plans or other content created by third parties (including those purchased through the Software's interface) – the User shall not, among other things, import or export with the use of the Software any maps or plans with regard to which he/she is not authorized by law to do so;
- hereby accepts that the User is solely responsible for any User's or third party's content processed or created through the Software (particularly maps or plans imported or exported to/from the Software) and XW PL bears no responsibility for such content imported, created and/or exported by the User or third parties; XW PL might be responsible, to the extent defined by this Agreement and any supplemental agreements or other vendors' rules (expressly accepted by XW PL), only for the content, if any, provided by XW PL in relation to which XW PL would expressly accept such responsibility;
- shall not rely on the Software as the only or a primary location determining tool; the Software is meant to make it easier for the User to determine his/her position on the basis of maps or plans and shall not under any circumstances be used as a substitute for such maps or plans or any precise location determining devices;
- acknowledges that the Software's functioning might be affected by various factors, such as GPS and mobile networks' availability and reliability, quality of the imported content, settings of operating systems or devices on which the Software operates as well as the User's handling of the Software (particularly proper calibration on a given map or plan by the User); due to, among others, such factors XW PL is not in a position to guarantee that the Software will be able to determine exact location of the User on any given map or plan under any given circumstances;
- shall be solely liable for any loss, injury or harm or breach of law or contract caused by the User's own acts or omissions, improper use of the Software as well as non-adherence to the provisions of this Agreement, user manuals and/or other vendors' rules (if any) applicable to the Software;
- shall be solely responsible for paying any taxes and/or performing any public obligations connected with the purchase and/or use of the Software by the User, unless the applicable law (the application of which could not by modified by the provisions of this Agreement) would require XW PL to perform any such obligations;
- acknowledges that the Software, as any other newly-developed software, in spite of being tested before its launch, might not always work properly due, among other things, to unforeseen technical issues or so-called bugs in its code; XW PL, as long as it would be offering the Software (in a particular version) on a given market, would undertake reasonable efforts to eliminate such problems after they have been reported, however this might not always yield desired results.
7. XW PL reserves a right to: (i) terminate this Agreement (including the License) with immediate effect in case of any material breach of the User's obligations; and/or (ii) cease at any time offering the Software and providing technical support with regard to the Software. A notice of such decision shall be posted on the app's website (www.PaperGPSapp.com).
8. Under no circumstance, including negligence, shall XW PL (or its employees or officers) be liable for any special, incidental, consequential or punitive damages in connection with the software, including those resulting from improper use of the software or inability to use it, even in a situation in which XW PL has been advised of the possibility of those damages. Total liability of XW PL in connection with the software shall not exceed the amount paid for the software by a given user (this provision shall not apply in jurisdictions in which consumer protection laws prohibit such provisions, however only to the extent prohibited by applicable regulations).
9. The User acknowledges that XW PL might use "Google Analytics" tool to collect aggregate data concerning the Software's usage in order to evaluate and further develop the Software. In accordance with "Google Analytics" rules, such data shall be collected in a manner that does not contain any "personal information" (that is, any information relating to an identifiable person). The User shall refer to "Google Analytics" terms and policies available on Google's website for more details.
10. This Agreement (including the License) as well as any legal relations between the User and XW PL concerning the Software shall be governed and interpreted by the laws of the Republic of Poland and any disputes connected or resulting from this Agreement (including the License) as well as any legal relations between the User and XW PL concerning the Software shall be resolved exclusively by the Polish courts.