THE COMARCH ESEF SOFTWARE LICENSE AND WARRANTY TERMS for an unlimited period

$1. Definitions

The Parties agree that the following terms whenever used in these License and Warranty Terms for the COMARCH ESEF Software shall have the following respective meaning:

COMARCH ESEF Software (the Software) – software the intended purpose of which is to generate financial statements in the format required by the ESEF (European Single Electronic Format) Regulation.

Standard Edition – an edition of the Software the functional scope of which is described in the Specification Document.

Functional Specification Document (the Specification Document) – the functional specification of one of the Software’s Standard Editions, available in the electronic form either at the Dedicated Customer Websites or at the address: https://pomoc.comarch.pl.

Comarch – Comarch S.A. with the registered office in Kraków, Aleja Jana Pawła II 39A, 31-864 Kraków, entered in the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, entry number 0000057567, Polish taxpayer identification number NIP 677-00-65-406. The Company’s initial share capital is PLN 8,133,349.00. The initial share capital is paid in full.

End Customer – a natural person who operates as a sole proprietorship, or a partnership or company entered in the National Court Register, that undertakes to comply with these Software License and Warranty Terms.

Virtual Key-Code – a unique serial number of the Software found on the Software certificate supplied to the End Customer.

Upgrade – a new version of the Software which offers a verification of and improvement on the former functionality by adding modifications or new functionality to the Software, or adapts the Software to any changes in the Regulation of the European Parliament and the Council of 17 December 2018 relating to the functionality described in the Specification Document. An Upgrade applies to the Standard Edition of the Software and does not cover the modifications or alterations of the Software made specially for the End Customer. Each Upgrade, being a new version of the Software, comes with its own Specification Document and is subject to separate License and Warranty Terms. The Customer may purchase an Upgrade either in the Basic or Premium version.

Partner – an entity which, under a contract concluded with Comarch, has the right to sell the Software. An up-to-date list of Comarch’s Partners is available at the website: www.erp.comarch.pl/lista-partnerow.

Order – an order form for the purchase of the Software or Upgrade submitted to Comarch or a Partner.

Dedicated Customer Websites – Comarch’s websites available exclusively to Comarch’s certain Customers, which may be accessed by providing one’s individual login credentials, namely an ID number and PIN, supplied to the End Customer together with the Software.

Price List – an up-to-date price list of the Software available at the Dedicated Customer Websites.

Related Entity – a related entity means an enterprise or a partnership or company whose relationship with the End Customer is the following:

$2. General Provisions

1. Both the Software and Upgrade, together with the enclosed Specification Documents, are subject to the copyright of Comarch, and the use of the Software or Upgrade does not infringe on any intellectual property rights of third parties, especially does not require any permission of a third party.
2. Comarch holds the exclusive proprietary copyright to the Software, Upgrade and any modifications or extensions thereof delivered by Comarch.
3. By placing an order or concluding a contract for the purchase of the Software, the End Customer accepts these License and Warranty Terms.
4. The End Customer may purchase the Software or Upgrade in the version which is intended exclusively for managing their own enterprise.
5. The End Customer is allowed to use the Software or Upgrade exclusively under these Software License Terms and in accordance with the terms and conditions set out in an Order or a contract concluded between the End Customer and Comarch, if such a contract has been entered into.
6. Comarch or a Partner shall deliver the Software or Upgrade, together with the Virtual Key-Code, to the End Customer by means of remote data transmission to the End Customer’s e-mail address provided in an Order or contract of sale.
7. The name and logotype of the Software are subject to legal protection under applicable provisions of law. Without Comarch’s prior written consent, the End Customer is not authorised to record, reproduce or distribute the intangible assets referred to in the preceding sentence either in part or in whole by whatever means and in whatever form.
8. Irrespective of any other provision set out in these Software License Terms, in the case of any damage or claim arising out of or relating to the Software or Upgrade, Comarch may not be held liable to an amount exceeding the fee paid by the End Customer for the version of the Software (Upgrade) which is in the possession of the End Customer at the time of damage. Comarch’s liability under implied warranty for defects and liability for lost benefits shall be precluded.
9. Comarch shall not be held liable for special, incidental or consequential damage, loss of goodwill or business profits, work stoppage, loss of data, moral damage.
10. Comarch warrants that the Software and Upgrade will function as described in the Specification Document; however, Comarch may not warrant that the End Customer’s actions involving the use the Software will result in compliance with the provisions of law, rules, regulations, or requirements and guidelines of any public administration body, or that the said actions will be consistent with or meet the requirements thereof.
11. By using the Software, the End Customer consents to the storing, processing and use of its technical data by Comarch, including but not limited to the technical data of the End Customer’s hardware, Software, peripheral devices (especially IP, the key-code number, the Software’s version number and user statistics), which data are stored and processed solely in order to facilitate the delivery of Software updates or improvements or to provide support and services to the End Customer in relation to the Software covered by this right of use.

12. Comarch undertakes to exercise its best efforts to prevent the piracy of the Software and Upgrade. In this respect, the Software and Upgrade may be fitted with a mechanism that detects any installation or use of illegal copies of the Software and Upgrade, may block access to the Software and Upgrade, or collect and transfer data relating to such illegal copies. By using the Software or Upgrade, the End Customer consents to the detection and collection of data and the transfer and use of the data if any illegal copy has been detected. In addition, Comarch reserves the right to use tools allowing it to block the Software or Upgrade, to manage licenses and/or the right to the license authorisation code in order to control access to the Software or Upgrade. Taking any action meant either to omit or disable any of the mechanisms is forbidden. Using the Software or Upgrade without a required blocking mechanism or an authorisation code provided by Comarch is forbidden.
13. Comarch reserves the right to control, upon 15 days’ notice, the End Customer’s use of the Software or Upgrade. The End Customer obliges to cooperate with Comarch in relation to such control and provide Comarch, to a reasonable extent, with support and access to information. The control referred to above may not, without reason, interfere with the End Customer’s ordinary operations. The End Customer obliges to pay, within 30 days following written notice, any fees or charges arising out of the use of the Software or Upgrade that does not conform to the right of use granted to the End Customer and to pay contractual penalty equal to two times of the value of the used Software or Upgrade. If the End Customer fails to pay, Comarch may terminate the license terms for the Software or Upgrade. The End Customer confirms that Comarch shall not pay any costs borne by the End Customer relating to the cooperation in connection with such control.
14. The list of the components used in the Software is included in the Specification Document.

$3. Authorised Scope of Use for the Software or Upgrade

1. Comarch confers on the Customer the right to use the Software (a non-exclusive, paid license) worldwide for an unlimited period in the following manner:

1) The number of simultaneous users using the Software at any time may not exceed the declared number of named users specified in the Order or a contract for the sale of the Software;

2) The End Customer has the right to use the Software solely with the hardware, infrastructure and software the type of which is specified in the Specification Document. The Software and Upgrade may be used within a local network or through a terminal in accordance with the purchased version of the Software or Upgrade;

3) The End Customer has the right to use the Software installed on their own infrastructure or the infrastructure provided by Comarch located in the territory of the European Economic Area;

4) The Software may be used exclusively for its intended purpose, namely in the version of the Software chosen by the Customer as stated in section 2.4 above and in accordance with the instructions for using the Software provided in the Specification Document and the Price List.

2. Except for the right to use the Software or Upgrade set out in paragraph 1 above, the End Customer is not granted any other rights related to unconditional subjective rights to the Software as an original work of authorship within the meaning of copyright law.

3. In particular, the End Customer is not allowed to:

1) reproduce the Software or Upgrade permanently or temporarily either in part or in whole by whatever means and in whatever form without Comarch’s prior written consent;

2) translate, adapt, change the layout of, make any other changes or alterations in the Software or Upgrade except for the ones provided for in the Specification Document, or undertake or permit undertaking of any actions which aim at reconstructing or reproducing the source code of the Software or Upgrade (reverse engineering) or at the disassembly or decompilation of the Software or Upgrade;

3) use a back-up copy of the Software or Upgrade simultaneously with the Software or Upgrade;

4) lend, lease, sell or transfer the right to use the Software or Upgrade to third parties on any account, subject to the cases permitted by Comarch.

4. If the End Customer breaches any term or condition of these License Terms, Comarch will request the End Customer in writing to cease the breach within 7 days after receipt of written notice specifying the breach. If the End Customer fails to comply with Comarch’s request, Comarch may terminate the End Customer’s right to use the Software and Upgrade (license) upon 14 days’ notice, and the End Customer shall pay Comarch contractual penalty equal to the value of the Software or Upgrade in the possession of the End Customer. The End Customer’s obligation to pay contractual penalty does not preclude Comarch from seeking damages exceeding the amount of the said contractual penalty on general terms.
5. If Comarch terminates the End Customer’ right to use the Software or Upgrade on the terms set out in the paragraph above, the End Customer shall forthwith delete and destroy the used Software and Upgrade and any copies thereof, together with the Specification Documents supplied with them.
6. Transfer of the right to use the Software or Upgrade is permitted on condition that the right is simultaneously transferred to and accepted by the new user, all copies of the Software and Upgrade together with the Specification Document are delivered to the new user, and Comarch’s consent for the transfer has been obtained. Comarch’s consent is contingent upon the new user paying an administration fee listed in a current Price List. As soon as the new user acquires the right to use the Software or Upgrade, the former End Customer will lose its right to use the Software or Upgrade.
7. The Customer undertakes to:

1) instal the Software and Upgrade following the Specification Document and Comarch’s instructions;

2) make back-up copies of the Software;

3) enable a VPN connection in order to provide access to the Software for technical purposes and enable provision of the services arising out of or relating to warranty.

$4. Right to New Versions of the Software (Upgrade)

1. The information on new versions of the Software (Upgrade) is available at the Dedicated Customer Websites and with Comarch’s authorised Partners.
2. Comarch undertakes to release new versions of the Software (the ESEF Basic Upgrade), on account of the fee paid for the Software, throughout the period of the first 12 months from the date of the invoice for the Software issued by Comarch to the end of the month in which the invoice for the purchase of the Software was issued.

3. After the expiry of the period stated in paragraph 2 above, the End Customer may purchase the ESEF Basic Upgrade for another period by placing an Order directly with Comarch or the Partner that provides services to the End Customer. An Order for the purchase of the Upgrade may be placed no earlier than on the first day of the month in which the period covered by the previous Order for an Upgrade expires.
4. Except for the first period for which the End Customer is licensed to use the Upgrade on the terms set out in paragraph 2 above, each successive period for which the End Customer is licensed to use the Upgrade shall cover a period of 12 months that each time begins to run from the first day of the month after the expiry of the preceding license period for the ESEF Basic Upgrade.
5. After the expiry of the period stated in paragraph 2 above, the fee for the ESEF Basic Upgrade is each time calculated based on a current Price List.
6. The value of the Software which is the basis for calculating the price of the ESEF Basic Upgrade is equivalent to the price of the Software in the possession of the End Customer on the day on which the End Customer places an Order for the Upgrade, calculated based on Comarch’s current Price List effective on the day on which the Order for the Upgrade is placed, allowing for the number of the Software users.
7. The End Customer may place an additional order for the purchase of the ESEF Premium Upgrade with Comarch or the Partner that provides services to the End Customer, provided that the End Customer has already purchased the ESEF Basic Upgrade.
8. The ESEF Premium Upgrade includes telephone or e-mail support, which is provided under the ESEF Telephone and E-Mail Support Service Terms available at the website: https://www.comarch.pl/files-pl/file_661/Regul-Upg-Prem-CA-ESEF.pdf.

$5. Software Warranty

1. Comarch grants to the End Customer a warranty for the Software (the Warranty) for the period stated in section 4.2 above.
2. The warranty is granted one-off for the whole Software package. The purchase of additional user licenses for the Software during the warranty period does not extend the warranty period and the warranty expires for all users at one and the same time, namely after the warranty period referred to in paragraph 1 above has expired.
3. The warranty for the Software is each time extended upon purchase of the ESEF Basic Upgrade for another period, provided that the End Customer uses a Software version that is not lower than one version backward.
4. Under the Warranty, the End Customer is entitled exclusively to the services set forth in the Warranty Terms.
5. Under the Warranty, Comarch is obligated to fix the Software Defects the reason for which lies in the Software in order to ensure that the Software works as described in the Specification Document.
6. During the warranty period, the End Customer is obligated to forthwith report to Comarch every detected defect of the Software via the Service Request Management System (SOZ). A request entered in the System should identify the Software and the area of the Software and include a description of the request itself. Together with a legality certificate for the Software, the End Customer is granted a unique access code to SOZ. The End Customer is obligated to provide Comarch with any explanation necessary to analyse and remedy the reported defects in the Software and provide Comarch with remote access to the Software. The time for repair is suspended until Comarch obtains information from the End Customer that is necessary to further process the reported Defect.

7. During the warranty period, the End Customer is obligated to instal all updates and new versions of the Software (Upgrade), otherwise the warranty period shall expire.
8. Comarch is obligated to fix the Software’s defects that are reported before the expiry of the warranty period.
9. A defect of the Software is the functioning of the Software that is not consistent with the Specification Document or produces documents which do not comply with mandatory provisions of law within the scope of the documented functionality of the Software.
10. The Warranty does not extend to the following cases:

1) errors which are caused by any interference with the operation of the Software, defects arising out of inappropriate operation of other systems and the defects caused by inappropriate operation of the hardware and software framework, workstations or networks;

2) use of the Software that is not consistent with the Specification Document, the Software License Terms, its intended purpose or the Specification Document supplied to the End Customer or the malfunctioning of the Software being the result of the use of the Software by unauthorised persons or persons without appropriate knowledge or skills needed to use the Software, and especially due to unauthorised modifications of the Software’s source/binary code;

3) the End Customer has not ensured the parameters of the hardware and software framework that are necessary for the Software to function correctly.

11. The Warranty does not apply to the following services: installation of updates (HR-Hot Refresh) or new versions of the Software (Upgrade), terminal connections, maintenance visits to remedy reported problems, the installation, migration or conversion of databases and printouts, adding modifications to the Software based on the End Customer’s individual needs, other unnamed services which involve additional work.
12. Comarch’s liability under the Warranty may not exceed the fee paid by the End Customer for the version of the Software (Upgrade) in the possession of the End Customer at the time of damage. Comarch’s liability under implied warranty for defects and liability for lost benefits shall be precluded.

THE COMARCH ESEF SOFTWARE LICENSE AND WARRANTY TERMS for a limited period

$1. Definitions

The Parties agree that the following terms whenever used in these License and Warranty Terms for the COMARCH ESEF Software shall have the following respective meaning:

COMARCH ESEF Software (the Software) – software the intended purpose of which is to generate financial statements in the format required by the ESEF (European Single Electronic Format) Regulation.

Functional Specification Document (the Specification Document) – the functional specification supplied with the Software.

Comarch – Comarch S.A. with the registered office in Kraków, Aleja Jana Pawła II 39A, 31-864 Kraków, entered in the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, entry number 0000057567, Polish taxpayer identification number NIP 677-00-65-406. The Company’s initial share capital is PLN 8,133,349.00. The share capital is paid in full.

End Customer – a natural person who operates as a sole proprietorship, or a partnership or company entered in the National Court Register.

Virtual Key-Code – a unique serial number of the Software found on the Software certificate supplied to the End Customer.

Partner – an entity which concluded a cooperation agreement with Comarch. An up-to-date list of Comarch Partners is available at the website: www.erp.comarch.pl/lista-partnerow.

Order – an order form for the purchase of the Software.

Dedicated Customer Websites – Comarch’s websites available exclusively to Comarch’s certain Customers, which may be accessed by providing one’s individual login credentials, namely an ID number and PIN, supplied to the End Customer together with the Software.

Price List – an up-to-date price list of the Software available at the Dedicated Customer Websites.

Related Entity – a related entity means an enterprise or a partnership or company whose relationship with the End Customer is the following:

$2. General Provisions

1. The Software, together with the enclosed Specification Document, is subject to the copyright of Comarch, and the use of the Software does not infringe on any intellectual property rights of third parties, especially does not require any permission of a third party.
2. Comarch holds the exclusive proprietary copyright to the Software and any modifications or extensions thereof delivered by Comarch.
3. By placing an order or concluding a contract for the purchase or use of the Software, the End Customer accepts these Software License Terms.
4. The End Customer may purchase the Software in the version which is intended exclusively for managing their own enterprise or in a version for the Related Entities intended for managing their own enterprise and Related Entities.
5. The End Customer is allowed to use the Software exclusively under these Software License Terms and in accordance with the terms and conditions set out in an Order or a contract concluded between the End Customer and Comarch, if such a contract has been entered into.
6. Comarch or a Partner shall deliver the Software, together with the Virtual Key-Code, to the End Customer by means of remote data transmission to the End Customer’s e-mail address provided in an Order or contract of sale.
7. The name and logotype of the Software are subject to legal protection under applicable provisions of law. Without Comarch’s prior written consent, the End Customer is not authorised to record, reproduce or distribute the intangible assets referred to in the preceding sentence either in part or in whole by whatever means and in whatever form.
8. The End Customer is allowed to grant a Partner with access to the Software in order to make it possible for the Partner to deliver any implementations, modifications or extensions of the Software, provided that the Partner is authorised to do so under a contract concluded with Comarch. Comarch shall not be held liable for any acts or omissions of a Comarch Partner.
9. Irrespective of any other provisions set out in these Software License Terms, in the case of any damage or claim arising out of or relating to the Software, Comarch may not be held liable to an amount exceeding the fee paid by the End Customer for the version of the Software which is in the possession of the End Customer at the time of damage. Comarch’s liability under implied warranty for defects and liability for lost benefits shall be precluded.
10. Comarch shall not be held liable for special, incidental or consequential damage, loss of goodwill or business profits, work stoppage, loss of data, moral damage.
11. Comarch warrants that the Software will function as described in the Specification Document; however, Comarch may not warrant that the End Customer’s actions involving the use the Software will result in compliance with the provisions of law, rules, regulations, or requirements and guidelines of any public administration body, or that the said actions will be consistent with or meet the requirements thereof.
12. By using the Software, the End Customer consents to the storing, processing and use of its technical data by Comarch, including but not limited to the technical data of the End Customer’s hardware, Software, peripheral devices (especially IP, a key-code number, a Software version number and user statistics), which data are stored and processed solely in order to facilitate the delivery of Software updates or improvements or to provide support and services to the End Customer in relation to the Software covered by this right of use.
13. Comarch undertakes to exercise its best efforts to prevent the piracy of the Software. In this respect, the Software may be fitted with a mechanism that detects any installation or use of illegal copies of the Software, may block access to the Software and Upgrade, or collect and transfer data relating to such illegal copies. By using the Software, the End Customer consents to the detection and collection of data and the transfer and use of the data if any illegal copy has been detected. In addition, Comarch reserves the right to use tools allowing it to block the Software, to manage licenses and/or the right to the license authorisation code in order to control access to the Software. Taking any action meant either to omit or disable any of the mechanisms is forbidden. Using the Software without a required blocking mechanism or an authorisation code provided by Comarch is forbidden.
14. Comarch reserves the right to control, upon 15 days’ notice, the End Customer’s use of the Software. The End Customer obliges to cooperate with Comarch in relation to such control and provide Comarch, to a reasonable extent, with support and access to information. The control referred to above may not, without reason, interfere with the End Customer’s ordinary operations. The End Customer obliges to pay, within 30 days following written notice, any fees or charges arising out of the use of the Software that does not conform to the right of use granted to the End Customer and to pay contractual penalty equal to two times of the value of the used Software. If the End Customer fails to pay, Comarch may terminate the Software License Terms. The End Customer confirms that Comarch shall not pay any costs borne by the End Customer relating to the cooperation in connection with such control.
15. The list of the components used in the Software is included in the Specification Document.

$3. Authorised Scope of Use for the Software

1. Comarch confers on the Customer the right to use the Software (a non-exclusive, paid license) worldwide for a limited period.
2. The period for which that right is conferred shall be specified in an Order or a contract for the sale of the Software.
3. After the expiry of the first and each successive Software license period, the right to use the Software shall be automatically, i.e. without any action to be taken by either Party, prolonged for another period, unless the End Customer has terminated the use of the Software.
4. The End Customer may terminate the use of the Software before the expiry of the Software license period, the notice period being 30 days before the end of the annual license period for the Software.
5. The invoices for the Software with 14-day payment terms shall be issued each time on the first day of the Software license period.
6. On account of the fee paid for the Software, Comarch shall grant the End Customer with access to new versions of the Software together with its new functionalities and provide telephone and e-mail support under the support service terms available at the address: https://www.comarch.pl/files-pl/file_661/Regul-Upg-Prem-CA-ESEF.pdf.
7. The number of simultaneous users using the Software at any time may not exceed the declared number of named users specified in the Order or a contract for the sale of the Software.
8. The End Customer has the right to use the Software solely with the hardware, infrastructure and software the type of which is specified in the Specification Document.
9. The End Customer has the right to use the Software installed on their own infrastructure or the infrastructure provided by Comarch located in the territory of the European Economic Area.
10. The Software may be used exclusively for its intended purpose, namely in the version of the Software chosen by the Customer as stated in section 2.4 above and in accordance with the instructions for using the Software provided in the Specification Document and the Price List.
11. Except for the right to use the Software set out in paragraph 1 above, the End Customer is not granted any other rights related to unconditional subjective rights to the Software as an original work of authorship within the meaning of copyright law.
12. In particular, the End Customer is not allowed to:

1) reproduce the Software permanently or temporarily either in part or in whole by whatever means and in whatever form without Comarch’s prior written consent;

2) translate, adapt, change the layout of, make any other changes or alterations in the Software except for the ones provided for in the Specification Document, or undertake or permit undertaking of any actions which aim at reconstructing or reproducing the source code of the Software (reverse engineering) or at the disassembly or decompilation of the Software;

3) use a back-up copy of the Software simultaneously with the Software;

4) lend, lease, sell or transfer the right to use the Software to third parties on any account, subject to the cases permitted by Comarch.

13. If the End Customer breaches any term or condition of these Software License Terms, Comarch will request the End Customer in writing to cease the breach within 7 days after receipt of written notice specifying the breach. If the End Customer fails to comply with Comarch’s request, Comarch may terminate the End Customer’s right to use the Software (license) upon 14 days’ notice, and the End Customer shall pay Comarch contractual penalty equal to the value of the Software in the possession of the End Customer. The End Customer’s obligation to pay contractual penalty does not preclude Comarch from seeking damages exceeding the amount of the said contractual penalty on general terms.
14. If Comarch terminates the End Customer’ right to use the Software on the terms set out in the paragraph above, the End Customer undertakes to forthwith delete and destroy the used Software and any copies thereof, together with the Specification Documents supplied with them.
15. Transfer of the right to use the Software is permitted on condition that the right is simultaneously transferred to and accepted by the new user, all copies of the Software together with the Specification Document are delivered to the new user, and Comarch’s consent for the transfer has been obtained. Comarch’s consent is contingent upon the new user paying an administration fee listed in a current Price List. As soon as the new user acquires the right to use the Software, the former End Customer will lose its right to use the Software.
16. The Customer undertakes to:

1) instal the Software following the Specification Document and Comarch’s instructions;

2) make back-up copies of the Software;

3) enable a VPN connection in order to provide access to the Software for technical purposes and enable provision of the services arising out of or relating to the License Terms.

$4. Final Provisions

1. Comarch grants to the End Customer a warranty for the Software (the Warranty) for the period stated in section 3.2 above.
2. The Warranty is granted one-off for the whole Software package. The purchase of additional user licenses for the Software during the warranty period does not extend the warranty period and the warranty expires for all users at one and the same time, namely after the warranty period referred to in paragraph 1 above has expired.
3. Under the Warranty, the End Customer is entitled exclusively to the services set forth in the Warranty Terms.
4. Under the Warranty, Comarch is obligated to fix the Software Defects the reason for which lies in the Software, in order to ensure that the Software works as described in the Specification Document.
5. During the warranty period, the End Customer is obligated to forthwith report to Comarch every detected defect of the Software via the Service Request Management System (SOZ). A request entered in the System should identify the Software and the area of the Software and include a description of the request itself. Together with a legality certificate for the Software, the End Customer is granted a unique access code to SOZ. The End Customer is obligated to provide Comarch with any explanation necessary to analyse and remedy the reported defects in the Software and provide Comarch with remote access to the Software. The time for repair is suspended until Comarch obtains information from the End Customer that is necessary to further process the reported Defect.
6. Comarch is obligated to fix the Software’s defects that are reported before the expiry of the warranty period.
7. A defect of the Software is the functioning of the Software that is not consistent with the Specification Document or produces documents which do not comply with mandatory provisions of law within the scope of the documented functionality of the Software.
8. The Warranty does not extend to the following cases:

1) errors which are caused by any interference with the operation of the Software, defects arising out of inappropriate operation of other systems as well as defects caused by inappropriate operation of the hardware and software framework, workstations or networks;

2) use of the Software that is not consistent with the Specification Document, the Software License Terms, its intended purpose or the Specification Document supplied to the End Customer or the malfunctioning of the Software being the result of the use of the Software by unauthorised persons or persons without appropriate knowledge or skills needed to use the Software, and especially due to unauthorised modifications of the Software’s source/binary code;

3) the End Customer has not ensured the parameters of the hardware and software framework that are necessary for the Software to function correctly.

9. The Warranty does not apply to the following services: installation of updates (HR-Hot Refresh) or new versions of the Software, terminal connections, maintenance visits in order to remedy reported problems, the installation, migration or conversion of databases and printouts, adding modifications to the Software based on the End Customer’s individual needs, other unnamed services which involve additional work.
10. Comarch’s liability under the Warranty may not exceed the fee paid by the End Customer for the version of the Software in the possession of the End Customer at the time of damage. Comarch’s liability under implied warranty for defects and liability for lost benefits shall be precluded.