Terms of Use for DEKSOFT software

DEKSOFT are computer programs in the field of building physics and energy. It is a set of web applications running on the web portal www.deksoft.eu. The owner of the DEKSOFT trademark, issued by the Industrial Property Office of Czech Republic, is DEK a.s., with registered office at Tiskařská 10/257, 108 00 Praha 10, Czech Republic, ID: 27636801, entered in the Commercial Register B 11400 at the Municipal Court in Prague. DEKPROJEKT s.r.o. is the operator of DEKSOFT and is authorized to issue licenses under these terms and conditions. DEKPROJEKT s.r.o. has registered office at Tiskařská 10/257, 108 00 Praha 10, Czech Republic, ID: 27642411, is registered in the Commercial Register C 120996 at the Municipal Court in Prague. The applications are protected by copyright and other intellectual property rights, the know-how contained in them is part of business secrets, unauthorized use or disposition outside licensing terms is prohibited.

I.  DEKSOFT Software License

In general, DEKSOFT needs to have a valid license for the application. The license fees for each application and the duration of the license are available at www.deksoft.eu. Licenses are usually annual. To obtain a license for the selected DEKSOFT application, the user must complete the order on the website www.deksoft.eu and pay the license fee. Upon receipt of the order and fee, the DEKSOFT software provider (DEKPROJEKT s.r.o.) activates a license for the user.
Some DEKSOFT applications may be free of charge. Free applications may not automatically mean an active license for all users. In these cases, the user has to complete an order on the website www.deksoft.eu for acceptance by the software operator.
Some DEKSOFT applications may be free for students. Free apps for students may not automatically mean an active license for all users who are students. In these cases, the user must complete the order on the website. The DEKSOFT operator has the right to require a student proof of receipt before accepting the order.
The DEKSOFT operator can also set application licenses to users or a group of users for free, for example, to try a user's application. The user must ask the DEKSOFT software operator for this. Another reason for setting licenses for some applications for free to a user or group of users may be a business agreement between DEKSOFT and another entity that purchases the selected application for a particular user or group of users.
Some applications may be used to a limited extent without a valid license. Terms and details are available at www.deksoft.eu.
Unless expressly agreed otherwise, the user is not entitled to lease, lend or otherwise enable the software, its parts or functionality to enable third parties to use (assignment, sublicense, etc.), change, modify or remove the trademark (copyright) or other protection or cognitive features.

II. Liability for damages

DEK a.s. nor the DEKSOFT Software Developer (DEKPROJEKT s.r.o.) shall be liable for any consequence, damage or harm (collectively referred to as "damages"), whatever they are (including, but not limited to, consequential damages, indirect and consequential damages, additional costs, loss of business profits, disruption of functionality or unavailability, business, loss of business information, or any other financial loss), even though they have arisen from the use or non-use of DEKSOFT software, even if any of these companies were identified as potential originators of such damages, and also including the possibility that such a possibility could be anticipated. DEK a.s. and DEKPROJEKT s.r.o.  are not responsible for the user's loss of profits. The user uses the DEKSOFT software according to his or her own choice and voluntarily, the results from the programs depend on the user input values. DEK a.s. and DEKPROJEKT s.r.o. therefore, is not responsible for the correctness and completeness of the outputs of the DEKSOFT software product to the state administration and self-government authorities, business partners and other entities.
Liability of DEK a.s. and DEKPROJEKT s.r.o. is excluded for the consequences and damages caused by the use of applications in the user environment, in particular due to the technical, functional or purposeful inappropriateness of the application in a particular case, incompatibilities with the equipment and user environment, incorrect or incomplete entry of user inputs, damage, loss or destruction of data, software and hardware in connection with the misuse or negligence of the user, defects in the software connection with other providers' computer programs caused by version mismatch and improper configuration.
In no event the total amount of damages caused by any breach of contractual or statutory obligations by DEK a.s. or DEKPROJEKT s.r.o. shall not exceed the amount paid by the user for the license, irrespective of the amount and type of compensation claimed; this limitation of the party and the user explicitly negotiate, the user waives its claims.

III. Personal data

DEKPROJEKT s.r.o. is authorized to collect, process and store user personal information necessary to create a user account at www.deksoft.eu and/or to order, activate and manage the DEKSOFT software license. By creating an account at www.deksoft.eu, the user grants the consent to send information regarding the DEKSOFT software product and related services and products, both in written and in electronic form, in the form of a commercial communication. You can revoke this consent at any time by setting up your user profile. Just set NO in the row "I want to receive information from DEKSOFT:" 

For further information on the protection of personal data, please refer to this document: DEKPROJEKT s.r.o. Privacy Policy. This information is an integral part of the Terms of Use for DEKSOFT software.

IV. Data protection 

DEKSOFT software can only be used by users registered and logged on to www.deksoft.eu via its login and password. When working in DEKSOFT software, users can store their files on their local drive or on the server storage. All files stored on the server and the information therein are confidential and in the exclusive possession of the user. These files and information can only be accessed by a user who knows the username and password. It is the responsibility of the user of DEKSOFT to keep his or her access data secret from all other persons. DEKPROJEKT s.r.o. only collects user usernames. They do not have their passwords, no passwords are stored or archived anywhere.
DEKPROJEKT s.r.o. archives the files stored on the server on its server but is not authorized to handle the files or the information without the explicit consent of the owner of these files, for example, to help the user save his or her lost data. 
The software operator declares that DEKPROJEKT s.r.o. neither DEK a.s. without knowing the file owner, has not, in any way, investigated, investigates or will investigate information from files stored on the server, did not handle, handles, and will not handle any of this information for commercial or other purposes, nor did it transmit, transmits or will transmit this information to any other entity.
Users who do not trust the server storage can save their files to their local disk and use the DEKSOFT  software without further restrictions. 

V. Final provisions

All documents addressed to DEKPROJEKT s.r.o. in respect of these license terms by the user should be sent only to: DEKPROJEKT s.r.o., Tiskařská 10/257, 108 00 Praha 10 - Malešice, Czech Republic, or by e-mail to info@deksoft.eu. 
If the court decides that some of the provisions of these license terms are invalid, the remaining license terms remain valid and effective. 

Terms of Use valid from May 25, 2018.