Lõppkasutaja litsentsileping

Palun loe leping tähelepanelikult läbi, sest paigaldades mistahes äriühingu Mozaik Education tarkvara arvutisse, alustades Mozaiki sisu piiratud kasutusõigust või hakates kasutama äriühingu Mozaik Education mistahes veebitarkvara, sina (eraisikuna, äriühinguna või asutusena), edaspidi lõppkasutaja, nõustud olema seaduslikult seotud lepingutingimustega.

Mozaik Education Ltd. (edaspidi Mozaik) ja Mozaiki sisu (nt mozaBook, mozaWeb, mozaLog, mozaBook Editor, Euler3D, Euklides, LabCamera, Fizika, Matek, ClapMotion, Cut'n'Learn) lõppkasutaja vahel

Kui muu kirjalik Mozaiki ja lõppkasutaja vaheline kokkulepe Mozaiki sisu kasutuse kohta puudub, kohaldatakse lõppkasutaja litsentsilepingu (edaspidi EULA) sätteid Mozaiki sisu suhtes. Mozaikil on õigus EULA-t igal hetkel muuta.

1. Definitions

1.1. Basic End-user Data is information provided to Mozaik by End User at the time of registration necessary for the use of Mozaik Content, including the mozaWeb username and other login information. Basic End-user Data shall be in particular: Full Name, E-mail Address, Country, Territorial Unit (country, province, area, etc.), Town/City. Basic End-user Data that can be provided optionally are: Postcode, Full Residential Address, Telephone Number, Name of Educational Institution.

1.2. Mozaik Content: a complex set of intellectual property produced and developed by Mozaik, with basic but non-exclusive components made up of information, software, and data, including, among others, any hypertext markup language files, command files, computer programs, pictures and sound recordings, audio, video, music and graphics files, photos, 3D animations, widgets, the trademarked denomination and the trademarked trade dress and design, particularly but not exclusively the mozaLearn, mozaBook, mozaWeb, mozaLibrary, mozaTools, mozaLog, mozaBook Editor, Euler3D, Euklides, LabCamera, Fizika, Matek, ClapMotion, Cut n'Learn trademarks and the connected logos and trade dress or design elements.

The End Users, through their Restricted Right to Use, access Mozaik Content “as is” and “as available”, together with all existing deficiencies and without any warranties or guarantees made by Mozaik Education.

Mozaik Content includes any updates, amendments or version control of Mozaik Content. Mozaik shall not be obliged to make updates and version control available to the End Users.

End User shall receive hotfixes and updates for Mozaik Content from Mozaik or the Operator. End Users acknowledge that only such End Users are entitled to receive updates and other Mozaik Services who have valid and effective Restricted Rights to Use Mozaik Content.

1.3. End-user Content shall mean any data or information in the form of images, pictures, voice recording or audio footage, letters, numbers, signs, characters, and the like created by End User in the course of using Mozaik Content.

1.4. Sharing shall mean sending by electronic mail or other means of posting (publication on the Internet), transmission, uploading or making Content available by other means through the use of Mozaik Content by the given End User.

1.5. Intellectual Property Rights: copyright, moral rights, trademarks, trade dress, patent or any other copyrights or ownership right.

1.6. Law shall mean any applicable law or regulation, generally accepted practice or guideline under any jurisdiction, especially in the protection of intellectual property rights and any regulation pertinent to the sale of Mozaik Content or the data transfer from and to or within the Geographic Area and Hungary, including the rules of international and EU law.

1.7. Trade Dress shall mean any trademarks, logos and other marks appearing on Mozaik Content.

1.8. Operator: contracting partner or contractor of Mozaik, with the cooperation of whom the EULA is concluded with the End Users.

1.9. The Restricted Right to Use Mozaik Content shall mean such non-exclusive right to use the above Content that may not be transferred to Third Parties nor otherwise conceded to them for any reason and shall not extend to the following rights: reproduction, reverse engineering, modification, processing, or translation of Mozaik Content or any reproduction of the result of the above, not even in the case if the Licensee or the End User carry out these actions in harmony with the purpose of Mozaik Content.

Furthermore, the Restricted Right to Use shall not extend to the distribution and dissemination, public presentation or performance, broadcast of Mozaik Content to the public through broadcasting or other means or broadcasting through other organizations.

Moreover, the Restricted Right to Use shall not extend to the transfer or concession for any reason to Third Parties of the right to disseminate or distribute, reverse engineer, modify, process, or translate Mozaik Content or multiply the results thereof, neither of the right to the public performance or presentation, or to broadcast Mozaik Content to the public through broadcasting or other means or broadcasting through other organizations.

The Operator and End Users shall exclusively be entitled to take the following actions with Mozaik Content within the framework of the Contract: they can upload Mozaik Content to their own hardware, display, run, store and obtain user-level knowledge thereon to an extent and in a manner allowed and defined by the Licensor.

End Users shall not be entitled to display Mozaik Content in the presence of Third Parties or End-user Content outside school. In particular, they shall not be entitled to display the above Content in the presence of Third Parties in order to demonstrate the operation and/or structure of any works of art that form part of Mozaik Content and, therefore, are under copyright protection.

1.10. Unauthorized Use: any acts in violation of the restrictions set forth in this EULA on the Restricted Right to Use that thereby infringes or endangers the rights of Mozaik.

1.11. Third Party: any natural or legal persons outside Mozaik, the Operator or End User.

1.12. In the application and interpretation of this EULA, the terms ‘Creation’, ‘create’, ‘created’ and their conjugated forms shall mean – without regard to context – in every case, and particularly but not exclusively, actions as creating, uploading, publishing, sharing, modifying, editing and the like.

1.13. Geographic Area: End User’s country of residence or domicile.

2. Privacy Policy and End-user Consent to the Processing of Basic End-user Data and other End-user Data

2.1. In terms of the data protection and data collection practice of Mozaik, please read our Privacy Policy, the provisions of which form an integral part of this EULA.

By signing this EULA or by commencing the exercise of the Restricted Right to Use Mozaik Content, End User agrees that Mozaik processes their personal data in accordance with the Privacy Policy and the Law.

2.2. By signing this EULA, End User specifically agrees that Mozaik shall be entitled to process any data provided by End User in harmony with the objectives specified below.

Any processing of personal data by Mozaik may be directed to:

1. (i) Processing of Basic End-User Data for registration and registering purposes;

2. (ii) Preparation of Anonymous User Statistics,

3. (iii) Measurement of the use of certain functions,

4. (iv) Collection of data supporting the necessity to develop the use, dress (look and feel), and structure of Mozaik Content.

3. Conclusion and Termination of EULA

3.1. The EULA is concluded and enters into force between Mozaik and End User on the date when the EndUser commences the exercise of its Restricted Right to Use, lawfully acquired from the Operator, in terms of any of Mozaik Content, irrespective of the fact whether the End User signs the EULA or not. Any such conduct shall be understood as a commencement of the exercise of the Restricted Right to Use that is realized by End User in order to access, install, display or use Mozaik Content.

By commencing to use any of Mozaik Content through their Restricted Right to Use, End Users accept that the provisions of this EULA are binding on them. Should End User not agree with the conditions of the EULA, they are encouraged not to install or use Mozaik Content, and if presented with a choice between “Accept” and “Do Not Accept” in terms of the conditions of the EULA, then choose “Do Not Accept”.

3.2. The EULA shall terminate on the expiration date of the Subscription Period of the Operator to use Mozaik Content.

On the date of termination of this EULA, the Restricted Right to Use of End Users as per Clause 1.9 to use Mozaik Content shall terminate without any further action; therefore, they shall cease any use of Mozaik Content.

4. The Use of Mozaik Content

4.1. Mozaik shall not be obliged to make End Users' hardware compatible to receive, run or use Mozaik Content.

4.2. If End User complies with the provisions of this EULA, then any Restricted Rights to Use, as per EULA Clause 1.9, lawfully granted to End Users in terms of any of Mozaik Content shall be considered as permitted by Mozaik as well.  

In relation to copyright issues, the substantive rules of Hungarian copyright law shall be exclusively applicable.

4.3. No rights transferred to End User under this EULA shall be transferred nor otherwise conceded for any reason to Third Parties.

4.4. End User acknowledges that in the course of activating Mozaik Content, Mozaik Content send data on Mozaik Content and the computer to Mozaik. Such data include the version number, licence version, language and product key of Mozaik Content, the IP address of the computer, and data on the hardware configuration of the computer. If the computer on which the licensed Mozaik Content is used connects to the Internet, Mozaik Content automatically connects to the system of Mozaik for the purpose of activation and verification of legal use.

Activation of Mozaik Content is unsuccessful if, in the course of online activation, the licensing or activation services of Mozaik Content seem to be fake or not disposing of the necessary End-User rights. Mozaik Content then shall inform End User whether the installed or used copy of Mozaik Content can be accessed with a Restricted Right to Use or not.

4.5. In relation to Mozaik Content, End User agrees:

• not to change, copy, modify or transfer Mozaik Content;

• not to transfer or concede, lease, rent or sell the right to access and use Mozaik Content to Third Parties, and not to display Mozaik Content in front of Third Parties or End-User Content for non-educational purposes, in particular, not to display the above Content in front of Third Parties in order to present the operation and/or structure of any works of art that form part of Mozaik Content and therefore are under copyright protection. 

• not to copy or imitate the copyright protected design, appearance, look and feel, trade dress of Mozaik Content or any part thereof; 

• to use Mozaik Content in a manner and to the extent permitted by this EULA and the Law; and 

• that certain Mozaik Content are only available upon the payment of certain fees or upon providing Basic End-User Data. 

5. Basic End-User Data and other Data

5.1. End User shall cause the Basic End-User Data and other Data to be full, complete, correct and up-to-date at all times.

5.2. End User shall be responsible for treating any data relevant to access (password and login identifiers) as confidential at all times. End Users shall be liable to Mozaik for all their activities carried out in a contractual manner under the EULA or in breach thereof. End Users shall be obliged to compensate any and all damages to Mozaik arising out of any breach of the EULA.

End Users shall do everything in their power to protect the rights of Mozaik and if they detect that anyone infringes the rights of Mozaik or any danger thereof, then they shall promptly inform Operator and Mozaik thereon. Failing to do so shall result in an obligation to pay damages to Mozaik.

End Users shall take every necessary and possible measure to obstruct unlawful and unauthorized access to their End-User Account. Should anyone access their End-User Account in an unauthorized manner, then End User shall be obliged to pay full damages to Mozaik for any damages arising out of such events.

End-User Account shall mean the technical access point through which End User can lawfully access Mozaik Content.

6. End-User Obligations

6.1. End User agrees not to use Mozaik Content to realise either of the following:

• to share End-User Content that is unlawful, harmful, threatening, offensive, defamatory, incendiary, vulgar, obscene, pornographic, lewd, profane, violative of privacy, incites ethnic, religious or racial hatred or is suitable to achieve such goals, or is otherwise objectionable.

• to stalk, harass or intimidate others

• to incite other to commit violence

• to cause harm to minors in any way

• to share End-User Content that it could otherwise not share due to lack of authorization under the Law or other contractual or fiduciary obligations

• to share Content in violation of the ownership rights, copyrights or trademarks of anyone

• to share End-User Content containing viruses or any other code, files or programs that can be used to destroy or disrupt or restrict the operation of any software, hardware or telecommunication equipment, or to the unauthorized tampering or surveillance of the above.

• to access and use Mozaik Content in a manner that might cause harm to, render dysfunctional, override, surge or otherwise limit any Mozaik servers or adjacent networks

• to deliberately or negligently disturb or interrupt the functioning of Mozaik Content, to act in a manner prohibited by this EULA in violation of any requirements, procedures or regulations relevant to provisions applicable to access or use Mozaik Content or to networks adjacent to Mozaik Content.

• to obstruct, disturb or interrupt other End Users in using Mozaik Content or any related site to Mozaik Content.

• to reproduce, sell, distribute, resale or otherwise market Mozaik Content, to access Mozaik Content in an unauthorized manner or to use Mozaik Products and Content in an unlawful fashion

6.2. End User shall not use Mozaik Content for unlawful or unauthorized purposes. End-User agrees to observe the provisions of any Laws, including, without limitations, laws on copyright pertinent to the use of Mozaik Content by End User.

6.3. End User shall not create access to use Mozaik Content through unauthorized means, including, but not exclusively, automated means, scripts, bots, spiders, crawlers or scrapers.

If and when materials are multiplied, modified, published or distributed via Mozaik Content then these may only be such materials that are not protected by copyright, and End User disposes of any copyrights in those, or with a lawful permit to copy, modify, publish or distribute them.

6.4. End User shall be liable for any copyright claims by Third Parties based on any End-User Content created, downloaded, multiplied, adapted, published, distributed, shared via or by Mozaik Content. Mozaik excludes its responsibility for the correctness and error-freeness of End-user Content. In terms of all elements of End-User Content End User shall exclusively be liable that no elements fall under copyright protection, or if so, then End User shall dispose of the entirety of those rights that make End User entitled beyond doubt under the relevant Law to use the given Content. In the case of any breach of this provision, in case Third Parties shall have claims against Mozaik, then Mozaik shall be exempt from any of these claims by naming End User, and End User shall promptly remedy the situation of Mozaik as if none of the above claims were asserted against it.

7. Use Rights

7.1. Every right in Mozaik Content as intellectual properties shall lie with Mozaik.

In a subscription construction, the Restricted Right to Use Mozaik Content entitles End User based on this EULA for the Subscription Period, on the term of which End User may request information from the Licensee. Trial (demo) versions of Mozaik Content may be used within the trial period.

Mozaik shall not be liable for any damages arising out of the use Mozaik Content, or for any deficiencies they might have, or any consequences thereof.

7.2. If End Users license Mozaik Content on a subscription basis, then their rights shall be limited to the term of the Subscription Period. End Users shall have the right to renew their subscription. Should End Users renew their subscriptions, they shall be entitled to continue using Mozaik Content until the end of the renewed Subscription Period. Information on the details of the subscription may be acquired on the activation screens of Mozaik Content, on other accompanying material or at the service provider. Following the expiry of the subscription, the functions of Mozaik Content shall no longer be available as per this EULA.

7.3. It might occur that any or all Mozaik Content are used on a trial basis. The use of the trial version shall be limited to the trial period. The trial version and the length of the trial run are described in the course of the activation process. End Users shall have the right to convert any right to use the trial version into subscription rights. Notifications on this possibility to convert are issued at the end of the trial period. Following the expiry of the trial period, if no conversion was made, most of the functions of the trial version shall cease to operate.

The use permit shall ensure rights to End Users for the trial use of Mozaik Content “as is”. End Users shall bear all the risks arising out of the use of Mozaik Content as a trial version. Mozaik shall not make any implied or express warranties or guarantees.

7.4. If End User is informed of Unauthorised Use by Third Parties then they shall be obliged to take every step to terminate such use and shall inform Mozaik in writing – through Operator – on any information relevant to Unauthorized Use. The Operator manages the administration surfaces accessible by End Users, thus End Users shall make the above notification to the Operator. End Users shall be entitled to contact the Operator with problems in the use of Mozaik Content.

7.5. Mozaik shall have no ownership claims to End-User Content created by End User through Mozaik Content. Instead, by signing this EULA, End User grants Mozaik a free of charge, non-exclusive right to use such End-User Content, transferable for use in an unlimited fashion. End User shall be entitled to share End-user Content (e.g., exercises, homework assignments, lesson plans, exercise books, etc.) created by End User through the system created by Mozaik (Mozaik Content), with the understanding that sharing will make it available to End User's users (e.g., teachers and students) lawfully authorised by this Agreement, who may copy, use, modify, share, etc. the shared End-user Content solely within the scope of this Agreement and solely for their own purposes. End User transfers the right to use such End User Content to Mozaik and waives the right to attribution regarding such content.

7.6. The Mozaik name and logo are the trademarks of Mozaik Edication Ltd. and any copying, imitation or use of these or any part thereof shall be prohibited absent the prior written consent of Mozaik.

7.7. Mozaik shall take every reasonable step to guarantee the availability and accessibility of Mozaik Content for a daily twenty-four (24) hours on all seven (7) days of the week. However, there will be occasions, when Mozaik Content will be interrupted due to maintenance, update or repairs, or it might be interrupted due to the failure of telecommunication equipment or connections beyond the control and competence of Mozaik. Within its control and competence, Mozaik shall take every reasonable step to minimize such interruptions in operation.

7.8. With or without notification, Mozaik shall be entitled to modify or permanently or temporarily terminate the service of Mozaik Content. End-User accepts that Mozaik shall not be liable to End Users or others, if acting according to the above.

7.9. Mozaik encourages End User to make a backup copy on any End-User Content used or managed. Mozaik Content are not services through which backup copies could be made, and End Users shall not rely on Mozaik Content for the purposes of making backup copies or to store data. Mozaik shall not be liable for any change, suspension, termination or loss of End-User Content.

7.10. End-User declares that Mozaik shall not be liable for End-User Content created through Mozaik Content. Mozaik shall not be obliged to filter, monitor, edit or remove any Mozaik Content and/or End-User Content.

If End-User Content violates the provisions of this EULA, then End User shall exclusively be legally liable for said End-User Content.

7.11. Mozaik respects the rights of others; End User is expected to do so as well.

8. Warranties and Liability Disclaimers

8.1. Mozaik does not warrant the error-freeness, functionality, or capacity of Mozaik Content and, in particular, the compatibility thereof with End-User hardware. Neither Mozaik nor its employees, executives, officers or agents (jointly: Mozaik) are entitled to make explicit or implied warranties in terms of Mozaik Content and/or End-User Content and in relation to the safety of information provided to Mozaik through Mozaik Content.

8.2. Mozaik does not warrant that Mozaik Content is free of errors or able to operate in an uninterrupted manner. Mozaik does not warrant that errors will be corrected or that the server enabling access to Mozaik Content is free from harmful components, including, without limitations, viruses.

8.3. Mozaik does not warrant that information relevant to Mozaik Content (including any instructions) is correct, comprehensive or useful. End Users acknowledge that they use Mozaik Content at their own risk.

8.4. Through the installation and/or use of Mozaik Content, End Users acknowledge and assure that their activities are lawful in any such territory where they have access Mozaik Content or use them.

8.5. Mozaik shall not assume financial liability and refuses any other responsibility to anyone for any loss or damage, be it actual, incidental, consequential or punitive damages, including but not limited to damages arising out of loss of profits, data loss or data corruption, any errors in sending or receiving data, or other liability, or personal injury, claim, payment obligation or other reason, arising from or under Mozaik Content or in connection therewith.

The extent of the full liability of Mozaik shall in no case exceed two hundred euros (200 EUR) to a given End User.

8.6. Should End User breach any of the provisions of this EULA in a repeated fashion or a material manner, or otherwise be liable to Mozaik to pay damages, then Mozaik shall be entitled to immediately terminate the Restricted Right to Use of End User and to immediately preclude End-User from further use of Mozaik Products through the application of technical tools. Should End User remedy the breach of contract and compensate for any harmful consequences as per an agreement with Mozaik, then Mozaik shows a willingness to make arrangements for restitution.

8.7. Mozaik shall take any necessary measures against any actual or assumed attack on Mozaik Content or the suspicion thereof in order to prevent harm. As part of such activity, there might be occasions when End Users’ rights are temporarily limited. End Users acknowledge the above and, at the same time, waive any compensation claims they might have due to the above against Mozaik.

9. Applicable Law

9.1. The substantive rules of the Hungarian Civil Code shall be applied to this EULA. The General Terms and Conditions of the License Contract between Operator and Mozaik may be used in the interpretation of this EULA.

Date: 15/12/2017