Licence agreement

EULA - END USER LICENSE TERMS

1. LICENSE AGREEMENT AUTHORIZING THE USE OF THE ONIF SYSTEM

1.1 The following "License agreement" (hereinafter referred to as "LA") regulates the relationship between the company iCORD International Ltd. and a user using software ONIF. Other conditions can added to these conditions. This LA is published on www.onif.cz.

1.2 Unless otherwise agreed in writing by the parties in individual cases, the terms below regulate all legal relations arising out of and in connection with (the first and each subsequent) contract or order signed by the parties. Other terms and conditions which expressly or implicitly refers to a third party shall not apply, except where iCORD Internation Ltd. accepts such aberrant conditions in writing.

1.3 The license does not include the cost of data transfer.

2. TERMS INTERPRETATION

2.1 PROVIDER

The provider is - iCORD International Ltd., the company is registered in the trade register under the Municipal Court in Prague, Section B, File No. 109783, ID 27405354, VAT CZ 2745354, registered office in Prague 6 , Břevnov, Na Okraji 1967, 16200.

2.2 USER

A user is - a legal or a natural person who signed a contract/confirmed an order (its employees or other people using the Internet application ONIF under the user).

2.3 PARTNER

A partner is a legal or a natural person to whom has the Provider granted the right to further distribute and sell ONIF and to provide an after-sales care in accordance with this Agreement and with the partner contract and the appendixes.

3. LICENSE

3.1 The ONIF is copyrighted pursuant to Act No. 121/2000 Coll. Copyright Act, as amended, and is under the protection of this law. All intellectual property rights related to ONIF, including software and related documentation which has been created/is owned by the company iCORD are and shall remain the exclusive property of iCORD. The use of the application ONIF does not entail any transfer of intellectual property rights. ONIF is a trademark owned by iCORD.

3.2 In compliance with the provisions of this Agreement the company iCORD grants the User limited, personal, non-commercial, nonexclusive, nontransferable, free license, without the possibility of making sublicenses, giving it to download, install and use the software ONIF on your computer, phone or PDA.

3.3 The User expressly agreed to the ban on granting rights to third parties concerning the software ONIF, i.e. in particular to sell, assign, lease, give a lease, distribute, export, import, act as an intermediary or a provider, or otherwise grant rights to third parties for the software ONIF or any part of it, unless the Provider has agreed on something else.

3.4 The User expressly agreed to the ban on editing the software ONIF, i.e. in particular to conduct, cause, permit or authorize modifications, to create derivative works, translate, reverse analysis, decompile, transfer from the source code or hack the software ONIF or any part of it, except the cases allowed by law.

3.5 The User understands that the space intended for personal photos are exclusively for this purpose, additional visual identity of the User is charged according to a valid price list.

4. USER OBLIGATIONS

4.1 The User undertakes to use the application ONIF only for lawful purposes and for purposes under this contract in accordance with good manners. The User undertakes not to use the application ONIF in any fraudulent way, submit to other users any material that is offensive, harmful for minors, indecent or otherwise objectionable. The User is responsible for using the application ONIF by their workers and that it is in accordance with this Agreement.

4.2 The User undertakes that through the application ONIF will not be affected any copyright of third parties and other legitimate interests of third parties (e.g. the right to privacy of natural persons) and the generally binding legal regulations will not be broken.

4.3 The User is responsible for the use of ONIF by their employees (users) in accordance with this Agreement.

4.4 The Provider is not to the extent specified in § 5 of Act No. 480/2004 Coll. and in accordance with this provision responsible for the activities of their users.

4.5 The User who used the application ONIF contrary to this Agreement or assisted to such use to a third party intentionally or by negligence is obliged to pay the compensation for damage incurred to the Provider.

5. USER OBLIGATIONS - TECHNICAL REQUIREMENTS

5.1 The User expressly and clearly understands that the application ONIF must be installed and operated solely and exclusively for the technical conditions specified in 5.2.

5.2 THIS IS NECESSARY EQUIPMENT FOR OPERATION OF ONIF APPLICATION IN COMMUNICATION ONE TO ONE :

operation system (OS) Mac, Linux, Windows
any web browser supporting Flash ( for example Internet Explorer, Google Chrome, Mozilla Firefox, Opera)
the last Flash version (for given browser), min. version 10.0 and newer
headphones, microphone, possibly camera
Internet connection: common ADSL connection

FURTHER RECOMMENDATIONS:
free TCP/IP port 1935, if you want your own application, it is possible to use any other port
protocol TCP and UDP
correctly configured antivirus programme
Test of permeability of your firewall on www.onif.cz.

TECHNICAL REQUIREMENTS ON INTERNET CONNECTION
Connection
for „common communicationi“ (conference or webinar) is needed to ensure the Internet connection of at least 2 MB download and 256 kbps upload. Average connection response (delay) should be in the tens of ms (milliseconds). When a high response in thousends of ms occurs, there is a noticeable delay in the call. A common communication means an event in which are maximum 4 people in an active call with the parameters of video 120x90@15fps, up to 20 people in the auditorium and a presentation is being projected. Screen sharing is not activated and Youtube video is not running.

Internet connection test
To test your Internet connection use server www.rychlost.cz. It does not matter what connection speed is guaranteed by the Internet provider, but the actual Internet connection speed.

5.3 In case that the technical equipment and Internet connection of the User or other users (eg employees) will not meet the technical conditions, see above, the Provider is not responsible for the technical problems arising from the lack in technical equipment of the User or their employees.

5.4 The Provider will try ro provide services with minimal disturbances. The Provider can not guarantee that the application will always function without any failures, delays or other problems. Since the application ONIF is transmitted through public Internet lines and public telecommunication network, the power outages or disruptions of Internet connection may occur and it can cause some disturbances in ONIF application services, such as loss and delay. Furthermore, the Provider can not guarantee that the application ONIF will always function without failure, delays or other weaknesses due to a technical fault in the technical equipment of the User, or other users. In addition, the User takes into account that calling to the public telephone network and from this network is not encrypted, so it can be listened by police authorities or third parties. The Provider is not responsible for any failures, delays, eavesdropping or other omissions in the application ONIF.

5.5 The User takes into account that in frames of fulfilment of this contract control and control of quality may be particular usages monitored, the User gives their explicit consent to such monitoring.

5.6 The Provider is not responsible for errors conducted by misconduct of third parties.

5.7 The Provider reserves the right to terminate the service ONIF without a damage compensation in case of a fatal failure of third parties (suppliers or technology).

6. PARTNER OBLIGATIONS

6.1 In case that clients of the Partner turn to iCORD International s.r.o. with requirements that must be handled/provided by the Partner, the Provider will process these requests at the expense of the Partner.

6.2 The Partner must inform a client, provide full and timely information and must familiarize their clients with the licensing terms EULA.

6.3 The Partner is also committed to attend all the trainings that will be recommended by the Provider and will provide a complete information about the ONIF system. The Provider will also provide their clients the best possible care.

7. CONDITIONS FOR THE SYSTEM ONIF USE IN A SPECIAL EVENT FOR PRIMARY AND SECONDARY SCHOOLS

7.1 Special offer for primary and elementary schools to purchase an unlimited number of virtual rooms (according to the price list published on www.onif.cz) lasts until the end of 2012.

7.2 The school using this offer agrees not to use ONIF for other than educational purposes or for purposes related to school (class emetings, consultations, tutoring, online school management meetings, communication with authorities, teaching of chronically ill students, talented or outside the Czech Republic in a long-term, improve access to disabled pupils, etc.)

7.3 The school is comitted not to perform commercial business activities through the system ONIF (otherwise it is necessary to deal with the system provider and pay according to a valid price list or by agreement) and will fully comply with the principles of the ONIF use according to paragraph 4 of this Agreement.

7.4 The school takes into account that this offer is valid until the end of 2012. If the school uses this offer during November and December 2011, the two months are for good of the school.

7.5 The Provider declares that the prices under this offer shall be final, but do not include other services (training, editing, customization, advertisement, etc.)

7.6 The school takes into account that virtual classes can be set up exclusively for employees.

7.7 The school will place a visible „i“ icon on the main page or a contact page of their website and will provide by agreement a space for banner advertisement.

8. SALVATORY CLAUSE

8.1 Unenforceability or invalidity of any article or subsection or provision of this Agreement shall not affect the enforceability or validity of the remaining provisions of this Agreement. In the event that any such article, section, subsections or provision would have any reason to expire (mainly due to conflict with applicable laws and other legal standards), the Provider and the User will implement consultations and agree on a legally acceptable method of implementation plans.

9. FINAL PROVISIONS

9.1 This Agreement of the software ONIF use, including other legal relations not regulated here, as well as contracts/order confirmations referring to this Agreement, are governed by Czech law, specifically the provisions of Act No. 513/1991 Coll. Commercial Code, as amended, Act. No. 121/2000 Coll. Copyright Act.

9.2 This License agreement is valid from the October 1st 2011 and repeals all previous provisions. The provider reserves the right to change these license terms without a prior notice by publishing the changed agreement on the website www.onif.cz

9.3 The user declares that the text of the License agreement was carefully read and that he or she understands the rights, obligations, conditions set forth herein. The user confirms that he or she agrees with the content without any exception according to his or her real, serious and free will and consents to the providers rights listed here.