Introductory Provisions

NOTE FOR USER: PLEASE READ THIS AGREEMENT CAREFULLY. USE OF PART OR THE FULL SOFTWARE SUPPLIED BY AXENCE RESULTS IN THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT, TOGETHER WITH THE LIMITATIONS CONCERNING: USE SPECIFIED IN ITEM 2, RESALE SPECIFIED IN ITEM 4, LIABILITY SPECIFIED IN ITEM 7 AND WITH THE SPECIAL EXCEPTIONS SPECIFIED IN ITEM 12. IF THE USER DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, THE USER MUST CEASE TO USE THE SOFTWARE.

This Agreement may only be entered into by persons using the Software for business or professional purposes (i.e. not being consumers), subject to additional restrictions on the use of a test, trial or free version of licence (see items 5 and 12 below). A consumer who wishes to use the Software should obtain prior consent and contact AXENCE at office@axence.net.

An account at the Axence Account web application is created automatically for the License User Regulations available at the following address https://axence.net/en/axence-account-regulations. The Axence Account web application is used to perform the License Agreement and enables, among other things, the management of received Licenses. If the account is deleted (in a way described in the Regulations of the Axence Account), this may prevent the License from being used. In the case of a paid License, the deletion of the account at the Axence Account suspends the possibility of using the License, but the period for which the License has been ordered (if it refers to a temporary subscription) still runs its course, and no reimbursement of the License fee is provided for the suspension period. If the account is restored in a way described in the Regulations of the Axence Account service, this enables further use of the License.

The Ordering Party (who places the order on behalf of the License User)and the License User are bound by the terms and conditions of the License. The Ordering Party is responsible for the use of Software by the License User in accordance with the License. The License User is responsible for the use of Software by the End User and Administrators in accordance with the License. If no other individual arrangements are made with the Ordering Party or the License User, the Ordering Party and the License User are bound by the terms and conditions of License delivered and accepted in the course of first installation of Software by the License User, as amended in later versions that shall be made available at the Axence Account in a way enabling storage and reproduction. The mode of amending the terms and conditions of the License is determined in item 14.2 below.

This License Agreement – during the Subscription period - covers all updates and new versions of Software that the User uses under the License Agreement, unless AXENCE sets forth other terms and conditions of License for the update of Software or the new version of Software in which case the User shall be informed about this in the mode specified in item 14.2 below. AXENCE shall independently decide whether new terms and conditions of License shall apply to all or only new versions of Software, and shall state this information when changing the terms and conditions of License in the mode specified in item 14.2 below

Prior to the installation of an update or new version of Software, the User shall be obliged to read not only the terms and conditions of the License but also the technical specification of the amendment made available to them in the mode specified in item 14.2. below.

The Software may not be used contrary to the law or principles of social coexistence.

1. Definitions:

“Axence ConnectPro® Agent” - a Software component installed on Workstations, which enables the use of the Software functions by End Users.

“Software” means (a) all contents of files, disks, other media (regardless of the type),  supplied with this agreement or made available by AXENCE or its representative in particular through the means of remote communication, including (but not limited to): (i) computer data or software supplied by AXENCE or any other independent software vendor; (ii) digital images, photos, drawings, sounds and other artistic works (“Multimedia Resources”); (iii) printed or electronic manuals (“Documentation”); and (b) updates, modified versions, patches, add-ons and copies of the Software, licensed to the User by AXENCE (collectively referred to as “Updates").

"License" means the right to use the Software on the basis of this Agreement specifying the terms and legal restrictions to which the use of the Software is subject.

"License User" means the user (individual or organization) of the Software who accepts the terms of the License upon first installation of the Software (the License User enables the use of the License by End Users and Administrators and Main Administrators).

"End User" means the person who actually uses the Software on the basis of the License obtained by the License User, without administrative privileges.

"Administrator" or "IT Administrator" user with administrative privileges in the Axence ConnectPro® management console (changing the account to which the Administrator status has been assigned is subject to a grace period of 7 days).

"Main Administrator" (Administrator account type) user with the highest administrative privileges, in particular, has the ability to grant Administrator privileges. Changing the account to which the Main Administrator status has been assigned is subject to a grace period of 7 days.

"User" means jointly the License User and the End User. and the Administrator (including the Main Administrator).

"Use" means accessing, installing, loading, copying or otherwise obtaining benefits from the Software or any other form of exploitation of the Software (the permitted manner of exploitation is specified in the Documentation available on the axence.net website).

"Licensed Number" means the sum of parameters limiting the use of the Software under the granted License. The permitted number is determined by:

• the number of End Users (this number is determined by the sum of people simultaneously logged in to all Workstations or people who can log in to the Chat in the Axence ConnectPro® system using a unique username);

• the number of Administrators - i.e. simultaneous accounts belonging to Users with Administrator privileges (including the Main Administrator);

• number of ConnectPro® Agents with a limit on the number of installations on Workstations or Unique User Sessions;

• number of Remote Sessions within the so-called remote access - simultaneous connections between the Administrator and the End User for the purpose of providing remote assistance.

The License number may be different if the License User or the Ordering Party has concluded a separate agreement with Axence in this respect.

"Subscription Period" means the period during which the User has the right (resulting from the License) to use the Software, including its updates. The subscription starts on the date indicated in the order (via the Axence Account Service or traditionally) and lasts for a specified period (e.g. a month, a year), unless it is extended in accordance with the terms of the agreement. After the subscription period expires, the User loses the ability to use the Software or service, unless the license is renewed. In case of doubt, the Subscription Period (excluding the Trial Version, test version or Fee version) is considered to be 12 months counted from the date of activation of the License.

"Axence Account Service" - a service available at https://axence.net/pl/regulamin-axence-account run by Axence and enabling the ordering and management of Licenses.

“Remote Session” remote session means a connection between Workstations on which the Axence ConnectPro® Agent is installed (between the Administrator and the End User), which enables, among others, remote control, screen sharing, file transfer and performing other tasks remotely, regardless of the physical location of both devices.

“Unique User Session” - definition means a connection with a session from a unique user understood as a unique SID identifier - a numerical representation of a security entity used to identify the domain or local user of the computer (for more information on the SID identifier, see: https://support.microsoft.com/pl-pl/help/243330/well-known-security-identifiers-in-windows-operating-systems).

“Computer” means an electronic device that accepts information in digital or similar form and processes it in order to obtain a specific result based on a sequence of instructions.

"Workstation" means a Computer intended for direct work by the user, as well as access to the Computer or operating system via a remote access client (terminal services) or a virtual machine environment or other device or software performing a similar function, on which the Axence ConnectPro® Agent is installed.

"Trial Version" means a free version that may contain limited functionalities, limited in time and as to the number of Users who may use the software. The duration of the trial version and access in accordance with the Permitted Number is limited and communicated on AXENCE websites and in the Axence Account service (which the License User should familiarize themselves with). 

“Free Version” means a free version that may contain limited functionalities, limited in time (e.g. for a period of 12 months or another specified at the time of activation, without the possibility of extension) and as to the number of Users who may use the software. The duration of the trial version and access in accordance with the Permitted Number is limited and communicated on AXENCE websites and in the Axence Account service (which the License User should familiarize themselves with). The permitted number may be different if the License User or the Ordering Party has concluded a separate agreement with Axence in this respect.

"Ordering Party" - the entity ordering and paying for the License, who at the same time - as the License User - uses the ordered Software or does not use the Software themselves but enables the License User to use the Software.

“AXENCE” shall be understood as:

a company incorporated under the Polish law with the business name AXENCE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA JAWNA (limited liability company, limited partnership), with its registered office in Kraków (30-527), ul. Na Zjeździe 11, with KRS (National Court Register) number: 0000903894, REGON (Statistical Number): 120773290, NIP (Tax Identification Number): 6751399589.

2. General terms of use. As long as the License User meets the conditions specified in this License Agreement (hereinafter referred to as the "Agreement"), AXENCE grants him a non-exclusive, time-limited and limited to the Licensed Number, License to use the Software for the purposes and in the manner specified in the Documentation. Some materials provided by independent producers may be subject to other conditions, which are usually described in the "Read" files located next to these materials. In the event of a separate agreement specifying individual conditions between the User or the Ordering Party and AXENCE, the provisions of this agreement shall take precedence over this icense Agreement. Details regarding the duration of the License and the Licensed Number are specified in the terms agreed during the order placed via the Axence Account Service or in another manner (e.g. traditional). The License is granted for the Subscription Period indicated during the order (online or traditional).

2.1. Software License. By granting the License, AXENCE authorizes the User to use the Software in compliance with its purpose, in the configuration specified in the License or the proof of purchase of the Software, or any other Document binding to the Parties. The License also includes the right to use the Documentation supplied to the User with the Software. AXENCE grants the right to use the Software for the time specified in the License. The User is obliged to use the Software in accordance with the Documentation and all instructions and guidelines of AXENCE. The User is obliged to familiarize themselves with all materials concerning the Software and made available by AXENCE. The License User (the Ordering Party, accordingly) is not entitled to use the Software to provide any paid (both directly and indirectly) services, actions, activities or activities of a professional or commercial nature for the benefit of any third party, unless they have concluded a separate agreement with AXENCE in this respect.

2.2. Software Components: Axence ConnectPro® Management Server, Axence ConnectPro® Management Console, Axence ConnectPro® Agent.

2.3. Use on server. The License User may install one copy of the Axence ConnectPro® management server and multiple copies of ConnectPro management console for the sole purpose of use of the Software by means of commands, data or instructions (scripts) from another networked computer, with the reservation that the total number of Work Stations with access to the Software does not exceed the Licensed Number.

2.4. Axence ConnectPro® Agent Installation. The License User has the right to install the Axence ConnectPro® Agent on a specified number of Workstations. This number is specified within the Licensed Number. The License User using the virtual machine environment should - before ordering the License - verify with the AXENCE representative whether the planned number of Licenses corresponds to the actual demand in this environment.

2.5. Backup. The License User has the right to make a backup copy of the Software on condition that it is not installed or used on any Computer. The backup copy can be used only as protection against damage of the Software. The Backup cannot be transferred to any third party. The rights to a backup copy cannot be transferred without transferring all the rights to the Software in compliance with item 4. The backup copy does not include a copy of the installation version of the Software.

3. Copyright. The entity entitled to the copyrights to the Software is AXENCE. The structure, organization and source code of the Software are valuable trade secrets of AXENCE and its suppliers. The Software is also protected by the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83, as amended). - hereinafter "Copyright Act") and by relevant international agreements. The Software should be treated like any other work subject to copyright protection. The User has no right to copy the Software or Documentation, except for the cases specified in the "General Terms of Use" section. All copies permitted by this Agreement must contain the same copyright notice and other appropriate notices located on or in the Software. The User undertakes not to increase the functionality of the Software, and not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Software, except for cases permitted by the provisions of mandatory law (even in such a case only to the extent and under the conditions provided for in such provisions). If the exception indicated in the previous sentence applies, the User is still obliged to provide all information in this respect upon AXENCE's request. Trademarks must be used in accordance with applicable law. Trademarks may only be used to define a printout prepared by the Software. The User does not acquire copyright to the Software. The actions indicated in art. 75 sec. 1 sentence 1 of the Copyright Act require separate and express consent from AXENCE (unless the right to perform them is required under this Agreement).

4. Transfer of Rights. This Agreement does not authorize the borrowing, leasing, sublicensing or lending of the Software and Documentation. 

5. Software for Multiple Platforms / Multi-Language Software / Software on Multiple Media / Multiple Copies / Bundles / Updates. If the Software supports multiple platforms or languages, if You received the Software on multiple media, if You received multiple copies of the Software in any other way, or if You received the Software in a bundle with other software, the total number of Workstations on which all versions of the Software may be installed may not exceed the Licensed Number. Exceeding the Licensed Number (which prevents You from using the Software) will include both installing the Software on more Workstations than the number of Licenses You ordered (e.g. installing it on another virtual machine despite not having a License) and running the Software on a single Workstations but within multiple Unique User Sessions. Exceeding the Licensed Number constitutes a violation of the terms of this License. You may not rent, lease, sublicense, loan or transfer any version or copy of the Software that You are not using. If the Software is an update from a previous version of the Software, the User must have a valid License for the previous version of the Software in order to legally use the Update, i.e. in particular, the update must occur during the Subscription Period. The User has the right to continue using the previous version of the Software provided that: the Update and the previous version are installed on the same computer, the previous version has not been transferred to a third party or transferred to another computer (except in the case where the Update has also been transferred) and confirmation that all AXENCE obligations to service the previous version of the Software have expired at the time the Update appears.

5.1. The License User may only use the rights within one license concerning the Trial Version or Free Version. The use of a larger number of Trial Versions or Free Version by the User constitutes a gross violation of the Agreement.

5.2. AXENCE may make the use of the Trial Version dependent on the provision of contact details and the expression of marketing consent by the License User. Ordering a paid license or ending the use of the free License does not constitute an automatic withdrawal of marketing consent (it can be withdrawn at any time in the manner described below). Withdrawal of the marketing consent referred to above may result in blocking the Trial Version or Free Version. The declaration of consent will be obtained in an express manner, therefore downloading the Software or concluding the Agreement will not be automatically understood as expression of consent.

More information is included in the Privacy Policy available at: https://axence.net/en/privacy-policy

6. Exclusion of liability. AXENCE and its suppliers do not guarantee and cannot guarantee the performance or effective use of the Software. AXENCE and its suppliers do not provide any guarantees, conditions, resolutions and statements, either express or implied, agreed contractually, habitually or in any other way, including (but not limited to) a guarantee against the possible violation of copyrights of third persons, a guarantee of integration, satisfactory quality or suitability for any specific purpose.

7. Limitation of liability. AXENCE licenses the Software in such a form as it was supplied and does not make any implied or express statements about its suitability for specific purposes. Under no circumstances can AXENCE and its suppliers be held responsible for damage or the violation of the rights of third parties, caused directly or indirectly by the operation of the Software, including all damages resulting from the inability to use, work interruptions and any other recurring, incidental or special damages of any kind, including the loss of profits or the loss of cost reduction, regardless of the fact whether a representative of AXENCE was informed about the risk of such damage or claims from third persons. None of the limitations contained herein limit the liability of AXENCE for death or injury caused by a deliberate act or the gross negligence of AXENCE. Under this Agreement the User expressly approves the right of AXENCE to act on behalf of its suppliers solely in the scope of limitation of liability, exclusion and/or limitation of duties or obligations specified in item 6 (which means that the indicated restrictions are also effective towards suppliers - in the event of a dispute between the User / Ordering Party and the Supplier).

8. Software Service. The User of the paid License (i.e. excluding Trial Version and test version and Free Version) during the Subscription Period will be entitled to use the Software service services - on the terms specified in a separate document, which is, however, integrally related to this Agreement. The terms of service are delivered together with the Agreement during the arrangements between the License User or the Ordering Party and Axence and are also available in the Axence Account Service on the License User's account.

9. Application of the License. The License Users agree that in the event of a request by AXENCE or its duly authorized representatives, within 30 (thirty) days from the date of such request, they will fully document the use of all AXENCE Software in terms of compliance with the AXENCE License Agreement.

10. Export rules. The Licensee and the Ordering Party agree not to export or re-export the Software, any part thereof or any process or service that is a direct product of the Software (hereinafter collectively referred to as the "Restricted Components") to any country, individual, legal entity or organizational unit without legal personality subject to export restrictions imposed by Poland, the EU, the United States or to any representative of the nationality of any of these countries, regardless of his or her location, who intends to transfer or send the Restricted Components back to such country. All rights to use the Software are granted solely on the understanding that they shall cease to apply if the above restrictions are breached.

11. Governing law. All disputes related to this Agreement shall be settled under Polish law and by Polish courts in accordance with the seat of AXENCE.

This Agreement is not subject to the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

12. Special exceptions.

12.1. Terms and conditions related to test products. This item of the Agreement is applicable if the Software received with this Agreement is a test or beta Software (“Test Software”). If any of the provisions of this item are contradictory with any other provisions of the Agreement, the provisions of this item are applicable in the scope necessary to resolve the conflict. The User receiving the Test Software acknowledges that the software is not in ready condition, does not represent the finished product of AXENCE and may contain errors and cause other problems, possibly resulting in a system crash and/or data loss. In consequence, the Test Software functions in the form in which it was supplied, without any warranties or liabilities, and the User accepts the possible negative consequences of the use of the Test Software. The User acknowledges that AXENCE does not promise and does not guarantee that Test Software will be announced and made available to anyone in the future, that AXENCE has no contractual or implied obligation to announce or introduce the Test Software on the market, and that AXENCE may not introduce a product similar to or compliant with the Test Software onto the market. According to the above conditions, the User accepts that all research and developments performed in relation with the Test Software or another product related to the Test Software were performed at the User’s sole risk. During the term of this Agreement, upon the request of AXENCE, the User agrees to provide AXENCE with information about the testing of the Software, together with an error report. If the User received the Test Software on the basis of a separate agreement, the use of the Test Software is also subject to such an agreement. The User agrees and confirms that the User does not have the right to sublicense, lease, rent, lend or pass on the Test Software. After receiving a subsequent version of the Test Software, or after introducing a commercial version of the Software onto the market, regardless of the fact whether it is an independent product or part of bigger unit, the User agrees to return or destroy all previous versions of the Test Software received from AXENCE or its representative and to observe the provisions of the License Agreement. The User is obliged to return or destroy all versions of the Test Software within 30 (thirty) days from the day of the completion of tests of the Software, if this date is earlier than the first day of introducing the commercial version of the Software onto the market.

12.2. Non-commercial versions. If the product received with this License is a Trial Version, Free Version, demo version or a copy not for resale , the following conditions are applicable until the purchase of the full product. If any of the provisions of this item are contradictory with any other provisions of the Agreement, the provisions of this item are applicable in the scope necessary to resolve a conflict. THE USER ACKNOWLEDGES THAT TRIAL VERSIONS, TEST VERSION OR FREE VERSION OF THE SOFTWARE HAVE LIMITED FUNCTIONALITY AND/OR A LIMITED TIME OF OPERATION. AXENCE LICENSES THE SOFTWARE IN THE FORM IN WHICH IT WAS SUPPLIED ONLY FOR THE PURPOSES OF PRESENTATION. If the Trial Version, test version or Free Version of the Software is time-limited, the program will cease to function after a specified time (e.g. 15, 30 or 45 days) from the installation (“Expiry Date”). License Expiry Date is determined by the Software itself. After the lapse of the Expiry Date, the License Agreement automatically expires, unless AXENCE extends the License as a result of purchase of the full version of the Software. The User hereby acknowledges that Trial Versions, test version or Free Version of the Software expire after the Expiry Date and, as a result of the above, access to files or printouts made by the Trial Versions of the Software is performed upon the sole responsibility of the User.

13. Software use control and collection of telemetry data.

13.1. Software license control system. The User acknowledges and accepts the fact that the Software automatically communicates with AXENCE in order to ensure proper functioning and monitor the compliance of the Software with the purchased license. This data includes, among others, the name of the installation server, its IP address, the Licensed Number, the number of network objects and the number of Users.

13.2. Telemetry data. AXENCE processes some quantitative data generated by the Software (which does not allow for the identification of persons and/or personal data). Detailed information about this data can be found at: https://axence.net/dane-telemetry. The indicated telemetry data is collected for statistical purposes and related to the adjustment of the service provided, for use only and exclusively by AXENCE and is not made available to other entities. No other data generated by the Software is collected or transmitted. In connection with the above-mentioned adjustment of the service, the License User will receive information from AXENCE or the Authorized Partner regarding the possibility of more effective use of the Software - in particular in connection with exceeding the Licensed Number (e.g. recommendation to change the license plan). The Authorized Partner does not receive telemetry data from AXENCE, but only information on the scope of a possible change to the license plan. In this case, telemetry data will be compared with the data of a specific Ordering Party/License User. However, this does not apply to the data of the End User - there is no linking of telemetry data with the data of a specific End User using the Software on a given Workstation.

13.3. The User may object to the use of telemetry data for the purpose of personalizing the service by sending a request to office@axence.net.

13.4. AXENCE undertakes to maintain the confidentiality of all transmitted data.

13.5. The contact details of the Ordering Party or License User may be made available to AXENCE Partners at the stage of executing the License order and at a later stage of cooperation with the Ordering Party or License User. Similarly, at the above stages, this data may be obtained from Partners. This is a legitimate interest of AXENCE. The Ordering Party or License User - in the scope of information constituting personal data - may file an objection, requesting:

● change of Partner;

● cessation of sharing data with a specific Partner or all Partners. The Ordering Party or License User may select a specific Partner. More information is included in the Privacy Policy available at: https://axence.net/en/privacy-policy

The purpose of sharing data or obtaining data from Partners, including personal data, is:

● support of the concluded Agreement;

● handling the process of concluding the Agreement.

14. 1. Final provisions. If any part of this Agreement is considered by any of the parties as unnecessary or irrelevant, it does not invalidate the entire Agreement which remains effective, and the provisions of which can be exercised according to its content. This Agreement does not limit the rights of the Users arising from local legislation.

14.2. Change of License:

AXENCE reserves the right to change the License Agreement. Any Update to the Software or the introduction of a new version of the Software shall not require any change in the License, unless AXENCE decides otherwise.

The new version of the License shall be made available 14 days in advance via Axence Account created for the License User, and the information about this fact shall be sent to the provided email address of the License User. The License User/ Ordering Party shall be able to resign from the License by uninstalling the Software. In the event of resignation from the License, they shall not be entitled to the reimbursement of the paid License fee.

15. For additional information regarding this Agreement, please contact your local AXENCE representative. Axence, Axence nVision®, Axence nVision® Pro,ConnectPro®, Axence nVision® Free and Axence netToolsSecureTeam® are registered trademarks or trademarks of AXENCE in the United States, the European Union, including Poland, and other countries.

16. Personal data protection

The Controller of data of the Ordering Party and the License User (as well as their employees/ co-workers) is AXENCE ("Company").

Personal data shall be processed for the purposes of: conclusion and performance of the License Agreement, and performance of obligations arising from the provisions of the law, including the tax law.

All of the above-mentioned entities shall have the right to access their data, including the right to obtain a copy of data, data portability, the right to rectify and erase data, restrict their processing, lodge a complaint with the supervisory authority (in Poland: President of the Personal Data Protection Office), and the right to object (when the processing takes place under Article 6 section 1 letter f of GDPR)

Data recipients:

• Partners, the purpose of making data available is:

1. support for the concluded License Agreement;

2. handling of the process of the conclusion of the License Agreement.

• Data are processed for the above-mentioned purposes on the basis of legitimate interest of AXENCE (Article 6 section 1 letter f) of GDPR);

• Entities providing IT services on behalf of AXENCE in relation to the execution of the License.

With regard to the legitimate interest of AXENCE (Article 6 section 1 letter f) of GDPR), data of the Ordering Party and the License User may be obtained from the Partner in relation to the execution of the License Agreement.

The provision of data is voluntary however, it is necessary for the above-mentioned purposes. The Ordering Party and the License User may make available to AXENCE the personal data of their employees/ co-workers only under the legal basis for making the data available for the purposes of the performance of the License Agreement, after meeting the information obligation towards such persons and indicating, among others, AXENCE as the recipient of such data.

See more in the Privacy Policy at: https://axence.net/en/privacy-policy