R2B2 Android SDK licence

LICENSE TERMS

  1. INTRODUCTORY PROVISIONS
    1. These license terms (hereinafter referred to as the “License Terms“) of the corporation R2B2 a.s., with registered office at Velflíkova 1429/6, Dejvice, 160 00 Prague 6, ID no: 079 65 362, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, insert 24260 (hereinafter referred to as the “Provider“) regulate the mutual rights and obligations of the parties arising under and in connection with License Agreement for the computer program called “R2B2 Android SDK” (hereinafter referred to as the “License Agreement” and “Software“) concluded between Provider and another natural person or other legal entity (hereinafter referred to as the “Acquirer“) for the purpose of using Software within Acquirer’s computer programs. License Agreement cannot be concluded with a consumer.
    2. Software is mainly used for the monetization of mobile applications designed for the Android operating system in the form of programmatic advertising. Software, including its functionality, may change during the term of License Agreement as a result of modifications to Software.
    3. Software includes a third-party computer program distributed in accordance with the terms of the Apache License, Version 2.0. that accompanies Software.
    4. Software is distributed via third-party platforms.
    5. A separate contract with Provider is required for full use of Software.
    6. Provisions deviating from License Terms may be agreed in a separate license agreement in writing. Deviating provisions in the special license agreement shall prevail over the provisions of License Terms. The provisions of License Terms form an integral part of License Agreement.
  2. SUBJECT OF LICENSE AGREEMENT
    1. Provider undertakes to grant the Licensee the right to exercise the right to use Software (the license) in the manner and to the extent set out in Article 3 of License Terms.
    2. Software license is granted to Acquirer free of charge. This is without prejudice to Article 1.5 of License Terms.
  3. SOFTWARE LICENSE
    1. Provider grants Software license to Acquirer as a non-exclusive license.
    2. Software license is granted without territorial, time and quantity limitations.
    3. Acquirer shall be allowed to use Software in all ways of use, including making copies of Software and communicating Software to the public via the Internet.
    4. The scope of use of Software may be limited by technical means of protection of rights.
    5. Acquirer is entitled to use Software only in accordance with the intended use of Software.
    6. Acquirer is not obliged to use Software license.
    7. Acquirer may grant the authorizations forming part of Software license, in whole or in part, to a third party (sub-licensing), but always within the framework of another computer program. Acquirer may not assign the rights and obligations under this Software license to a third-party.
    8. In the case of the provision of modifications (patches), updates, upgrades or other changes to Software by Provider, the license is also granted for Software so modified.
    9. Upon the eventual dissolution of Acquirer, Software license shall pass to the successor in title.
  4. USE OF SOFTWARE BY ACQUIRER
    1. Acquirer acknowledges that Software is protected by copyright. Acquirer undertakes not to carry out any activity that could enable him or third parties to make unauthorized use of Software.
    2. Unless otherwise stipulated by generally binding legal regulations, Acquirer is not entitled to make changes and/or decompile Software. Acquirer shall not be provided with the source code of Software.
    3. Acquirer is not entitled to circumvent, remove, or restrict the mechanisms that serve to protect the rights of Provider and any copyright information of Software.
    4. Acquirer acknowledges that interaction with other computer programs may be necessary for the proper use of Software. Acquirer acknowledges that the use of these other computer programs is subject to specific contractual arrangements with the rights holders of these computer programs.
  5. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPENSATION FOR DAMAGES
    1. Unless otherwise agreed, the rights arising from Provider’s defective performance are governed by the statutory provisions.
    2. Acquirer acknowledges that Software is not suitable for use in operations where major or serious damage may occur and that Provider shall not be liable for the results of the activities for which Software is used. Acquirer acknowledges that errors may occur during the use of Software.
    3. Acquirer further acknowledges that the absence of a functional feature of Software that is not expressly stated in Software specification shall not be considered a defect.
    4. Acquirer is obliged to check the functionality of Software without undue delay after Software has been made available.
    5. Acquirer acknowledges that Provider shall not be liable for defects in Software resulting from unauthorized interference with Software or use of Software in contravention of Software specification by Acquirer or third parties.
    6. Acquirer further acknowledges that, unless otherwise agreed, Provider shall not be liable for the functionality of Acquirer’s data network, the functionality of the public data network, the functionality of Acquirer’s hardware, Acquirer’s data backup, the status of Acquirer’s other software and for any third party interference with Acquirer’s other software. Provider shall only be liable for culpable breaches of its obligations under License Agreement.
    7. In the event of any damage on the part of Acquirer in connection with Provider’s liability for defects in performance (including defects in Software), unless the damage is caused by Provider intentionally or through gross negligence, the parties agree, with regard to the terms of Software license, to limit the compensation for such damage, including lost profits, incurred by Acquirer to a total compensation of EUR 50. The parties acknowledge that, considering all the circumstances relating to the conclusion of License Agreement, the aggregate foreseeable damages that the Licensee may incur as a result of defects in the performance of Provider (including defects in Software) may amount to a maximum of EUR 50.
  6. DURATION OF LICENSE AGREEMENT
    1. Provider may withdraw from License Agreement if Acquirer breaches an obligation under License Agreement (including License Terms) or infringes the copyright in Software.
  7. FINAL PROVISIONS
    1. If the legal relationship established by License Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.
    2. The parties have agreed to the jurisdiction of the courts of the Czech Republic.
    3. License Agreement, as well as the rights and obligations arising under or in connection with License Agreement, shall be governed by Czech law, in particular the Civil Code, with the stipulation that for the purposes of the relationship between Provider and Acquirer, the precedence of commercial practices over the provisions of License Agreement (including License Terms) and over the dispositive provisions of generally binding legal regulations shall be excluded.
    4. In accordance with Section 1752 of the Civil Code, the parties agree that Provider may unilaterally amend License Terms to a reasonable extent. This is without prejudice to the provisions of Article 7.5 of License Terms. The amendment of License Terms shall be notified to Acquirer by e-mail. Acquirer may reject the change of License Terms and terminate License Agreement in writing within a notice period of one (1) month.
    5. Upon acceptance of the new version of License Terms by Acquirer, the previous License Terms shall cease to be effective, and the new version of License Terms shall become an integral part of License Agreement.The investment fund Genesis Capital Growth became the company’s majority owner in 2020. In the same year, management of R2B2 was taken over by František Bauma and Lukáš Alexandr, who have been here from the very beginning. Thus, they guarantee continuity in implementing the company’s founding vision.
    • In Prague on 9.8.2022

    • R2B2 a.s.

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