1.1 These terms and conditions shall govern the sale and supply of downloadable software program licenses through our website, and the use of those software programs.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) "we" means Bolváry Gábor e.v. (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "software programs" means those software programs that are available on our website; and
(d) "your software programs" means any such software programs that you have download through our website (including any enhanced or upgraded version of the software programs that we may make available to you from time to time).
(e) "license" means partial or full access to the features of the downloadable software published on the website for a specified period of time.
3 Registration and accounts
3.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
3.2 You must not allow any other person to use your account to access the website.
3.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
3.4 You must not use any other person's account to access the website.
3.5 If you register for an account with our website, you must provide your first name, last name, an e-mail address and password.
3.6 You must not use your account for or in connection with the impersonation of any person.
3.7 You must keep your password confidential.
3.8 You must notify us in writing immediately if you become aware of any disclosure of your password.
3.9 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
3.10 We may:
(a) suspend your account;
(b) cancel your account; and/or
at any time in our sole discretion without notice or explanation.
3.11 You may cancel your account on our website using your account control panel on the website.
4 Order process
4.1 The advertising of software program licenses on our website constitutes an "invitation to treat" rather than a contractual offer.
4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
4.3 To enter into a contract through our website to purchase a license for your software programs, the following steps must be taken:
(a) you must add those licenses you wish to purchase to your shopping cart, and then proceed to the billing;
(b) if you are a new customer, you must then create an account with us and log in;
(c) if you are an existing customer, you must enter your login details;
(d) once you are logged in, you must add your billing address, or select one from your exist billing addresses;
(e) you must select a payment method;
(f) you must accept the statements.
4.4 You will have the opportunity to identify and correct input errors prior to making your order.
4.5 If you place an order we will send you an initial acknowledgement.
4.6 We will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4.7 If we accept your order, we will issue you a proforma invoice.
4.8 A confirmed order is subject to payment by you.
5.1 Our prices are quoted on our website. Our prices are in EUR.
5.2 For customers and businesses established in Hungary, we set our prices in HUF and issue an invoice in Hungarian.
5.3 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.4 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
6.1 You must, according to the proforma invoice, pay the prices of the software program licenses you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 We will issue you an electronic invoice for your orders, which is available in your account.
6.4 The licensing of your software start date is the date on which the financial fulfillment of the order is credited to the seller's bank account.
6.5 Partial financial performance will not be accepted by the seller.
7 Licensing of software
7.1 We will supply the softwares and licences to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
7.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable license to use all features of our software programs for that interval you purchased permitted by Section 7.3, providing that you must not in any circumstances make any use of your software programs that is prohibited by Section 7.4.
7.3 The "permitted uses" of your software programs are:
(a) downloading a copy of your software programs;
(b) installing a copy of your software programs on single computer;
(c) creating a 5 back-up copy of each of your software programs; and
(d) using your software programs in accordance with the documentation incorporated into the downloads.
7.4 The "prohibited uses" of the softwares and licenses are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any software program (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any software program (or part thereof), and the creation of any derivative work incorporating any software program (or part thereof);
(c) the use of any software program (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any software program (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial use of any software program (or part thereof);
(f) the reverse engineering, decompilation or disassembly of any software program (or part thereof); and
(g) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any software program for the purpose of preventing unauthorised use,
providing that nothing in this Section 7.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
7.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of the software programs.
7.6 All intellectual property rights and other rights in the software programs not expressly granted by these terms and conditions are hereby reserved.
7.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any software program.
7.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
7.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 7 will be automatically terminated upon such breach.
7.10 You may terminate the licence set out in this Section 7 by deleting all copies of the relevant software programs in your possession or control.
7.11 Upon the termination of a licence under this Section 7, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant software programs in your possession or control, and permanently destroy any other copies of the relevant software programs in your possession or control.
8. Additional users
8.1 You must not permit any other person to use your downloads, licenses or to exercise any of the other rights granted to you under these terms and conditions.
9 Free and trial licenses of software programs
9.1 From time to time we may make available software programs on a free and/or trial license basis, and this Section 9 shall apply to such software programs.
9.2 Your rights to use of free and trial license of software programs shall be restricted in such manner and/or to such period as we may specify when you download the software programs, and we may apply technological protection measures to the software programs to enforce these restrictions.
9.3 We may restrict your licence to use any free and trial license software program at any time, by giving you written notice of the restriction or activating the restriction in the relevant software program.
9.4 We may terminate your licence to use any free and trial licenses of software programs at any time, by giving you written notice of termination or deactivating the relevant software program.
10 Distance contracts: cancellation right
10.1 This Section 10 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 10.3. You do not have to give any reason for your withdrawal or cancellation.
10.3 You agree that we may begin the provision of software programs license before the expiry of the period referred to in Section 10.2, and you acknowledge that, if we do begin the provision of software programs license before the end of that period, you will lose the right to cancel referred to in Section 10.2.
10.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 10, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.5 If you cancel an order on the basis described in this Section 10, you will receive a full refund of the amount you paid to us in respect of the order.
10.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
10.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 10 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
10.8 If you are a legal entity or a company without legal personality, other legal entities do not qualify under the Ptk. 8: 1. § (1), point 3, accordingly, they may not avail themselves of Decree 45/2014 on the detailed rules of contracts between a consumer and a business. (II.26.) With the right of withdrawal without justification is regulated in Section 20 of the Government Decree.
10.9 If you have paid the fees, ie you have ordered the service for the given period, you can only exercise your right of withdrawal in the event of a breach of our contract. There is no possibility of withdrawal for reasons other than a breach of contract, so we are not obliged to refund the fees already paid.
11 No warranties
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
11.2 We warrant to you that your software programs will be supplied to you with reasonable care and skill.
11.3 All of our warranties and representations relating to software programs are set out in these terms and conditions and in the installad EULA of software program. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12 Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of: the total amount paid and payable to us under the contract.
13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2 If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15 No waivers
15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17 Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18 Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our end user licence agreement, shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
19 Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with Hungarian law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Hungary.
20 Statutory and regulatory disclosures
20.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2 These terms and conditions are available in the English language only.
20.3 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.
20.5 The name of the Nemzeti Adatvédelmi és Információszabadság Hatóság that we use dispute resolution is NAIH and its website address is https://www.naih.hu/.
21 Our details
21.1 This website is owned and operated by Bolváry Gábor e.v..
21.2 Our principal place of business is in Hungary.
21.3 You can contact us:
(a) using our website contact form;
(b) by email, using the email address published on our website from time to time.
21.4 Our identification data:
(a) our name: Bolváry Gábor e.v.
(b) our address: Hungary, 2120 Dunakeszi, Madách Imre utca 18. 3. em. 6a
(c) our registration number: 57077398
(d) our Hungarian VAT ID: 58730854-1-33
(e) our email: firstname.lastname@example.org