End User License Agreement Amendment for FLEX

Present document (hereinafter referred to as ‘Amendment’ or ‘Agreement’) is an amendment to the End User License Agreement (hereinafter referred to as ‘EULA’). The EULA shall remain valid and in effect, supplemented by the provisions contained in this document.

  1. DEFINITIONS

The terms used with capital initials in the present EULA without specific definition have the meaning specified below:

‘Guest User’ shall mean a natural person, legal person or other entity who is not registered on the Website.

‘Licensee’ or ‘User’ shall mean a natural person, legal person or other entity using or requesting entry to the Website under the present EULA and who registers on the Website.

‘Website’ shall mean the website accessible via the https://game.scoliadarts.com link.

‘Product’ is a hardware provided by Scolia Technologies Ltd. with pre-installed software consisting of the specific algorithms and data content, and a software as a service to be used in unison with the hardware.

‘Paid Services’ are software functions of the Product that can be used for a fee. The fee can be subscription based (recurring fee), or a one-time payment depending on the Paid Service. Paid Services are described in separate documents that can be find at https://scoliadarts.com/paid-services/

‘Software’ shall mean any software (whether provided as downloadable or as an online service), tool, utility, documentation, or similar delivered by Scolia Technologies Ltd. including any revision, update, or upgrade hereto which are made available by Scolia Technologies Ltd. to the End User under the terms and conditions set out in the EULA and this Amendment.

  1. SCOPE OF THE FLEX LICENSE
  • The license is effective upon purchase by the Licensee and remains in force until termination by either party.
  • The Software can be licensed as a subscription license that needs to be renewed monthly, quarterly, or annually (every 12 months).
  • A subscription license gives the Licensee a right to use the Software (the current or at any time the latest version) one (1) month, one quarter (3 months) or one (1) year from the date of purchase. The Scolia FLEX Plan will determine which options are available. If the subscription license is not renewed, the Licensee has the right to use the Software with limited access as described in the Scolia FLEX Plan.
  • A subscription license is automatically renewed unless the Licensee has cancelled it. Conditions of the cancellation are described in chapter 9.
  • Details of Scolia FLEX Plan can be found at https://scoliadarts.com/flex/
  • The Software is a standard product. It shall be the sole responsibility of the Licensee to ensure that the functions of the Software fulfill the requirements and expectations of the Licensee.
  • The Licensee’s right to use the Software requires that the Licensee has accepted the terms and conditions in the EULA and this Amendment. One license gives the Licensee the right to use the Software for one physical Product.
  1. USE OF THE SOFTWARE WITH SCOLIA TECHNOLOGIES LTD.’s ONLINE SERVICES
  • Some use of the Software requires the Software to use one or more online services in the cloud computing platform Google Cloud (or other cloud computing platforms). It is expressly stated that Scolia Technologies Ltd. is not responsible for downtime or other interruptions in the service relating to Google Cloud (or other cloud computing platforms) and/or otherwise out of Scolia Technologies Ltd.’s control.
  • When using the Scolia Technologies Ltd.’s online services, data are transferred to and from the service. This data is stored or logged by Scolia Technologies Ltd. The Licensee accepts that Scolia Technologies Ltd. can have access to data as part of a support incident, preventive troubleshooting, debugging, or other activities to ensure stable operation of the Scolia Technologies Ltd.’s online services. Scolia Technologies Ltd. may collect telemetry data about usage of the software for performance, optimization, improvement, and statistics.
  1. UPDATES
  • Scolia Technologies Ltd. will use its best endeavours to ensure on-going development of the Software, including correction of errors and inexpediency and, at the discretion of Scolia Technologies Ltd., to change the Software with the aim of making the Software compatible with new versions of third party’s standard software.
  • Subscription license: When purchasing a subscription license to the Software, an update fee is included in the subscription license, thus the Licensee will have access to relevant updates.
  • The Licensee acknowledges that updates to the Software may not work with the Licensee’s custom hardware, add-ons, third-party software, or custom fit adjustments or modifications.
  1. SUPPORT
  • Scolia Technologies Ltd. is the Licensee’s first point of contact and reference in respect to all matters concerning the Software, including but not limited to support.
  • Scolia Technologies Ltd. offers online support to the Licensee.
  • Support enquiries that are not related to errors that are reproducible in the most recent version of the Software and that cannot be answered electronically or that require more in-depth conversation or meetings, will be considered as feature requests.
  1. ASSIGNMENT
  • The Licensee is not entitled to lend, lease, sublicense, transfer, or otherwise assign its rights and obligations given under this Agreement without Scolia Technologies Ltd.’s prior written consent. Any assignment shall not be legal without Scolia Technologies Ltd.’s prior written consent. Assignment also includes transfer or adoption in connection with a merger, demerger, outsourcing, and similar events or activities within and outside the group of companies to which the Licensee belongs.
  • If the Licensee assigns the Software in conflict with the provisions above, Scolia Technologies Ltd. may terminate this Agreement with immediate effect.
  • Scolia Technologies Ltd. may at any time in full or in part assign its rights and obligations under this Agreement to any third party.
  1. INFRINGEMENTS OF THIRD-PARTY RIGHTS
  • Scolia Technologies Ltd. represents and warrants that it has the right to license the Software, including any documentation, to the Licensee, and that Scolia Technologies Ltd. holds the necessary rights, titles, and licenses to allow the Licensee to perform all rights contemplated by this Amendment, and that the Software does not infringe any third-party’s right that is valid within and enforceable in Hungary.
  • If a third party towards the Licensee claims that the Software infringes third-party rights, the Licensee shall immediately inform Scolia Technologies Ltd. in writing and Scolia Technologies Ltd. shall take over the defence of the claim. Scolia Technologies Ltd. shall at its cost have full control of any proceedings arising out of any infringement of third-party rights.
  • If the Licensee becomes aware of any infringement or potential infringement of the Software it shall promptly notify Scolia Technologies Ltd. in writing.
  1. PROVIDED “AS IS”
  • The Software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose. The entire risk arising out of use or performance of the Software remains with Licensee.
  • The Software delivered under this Amendment is a standard product, and the Licensee is aware that no software product is faultless in all situations and combinations.
  • Scolia Technologies Ltd. shall not be liable for any defects. This Agreement includes neither warranty against defects, nor any warranty of fitness or suitability for a particular purpose.
  • Immediately after a reproducible error or defect is discovered or should be discovered, the Licensee must give notice to Scolia Technologies Ltd. Upon notification, the Licensee must specify the error or defect.
  • Scolia Technologies Ltd. will use its best endeavours to remedy errors and defects which are reproducible in the most recent version of the Software.
  • The actual scope and procedure for remedy of any errors or defects is at the free and independent discretion of Scolia Technologies Ltd., who may remedy essential errors and defects by releasing an update of the Software. Scolia Technologies Ltd. will remedy non-essential errors and defects to the extent Scolia Technologies Ltd. finds it necessary.
  1. TERMINATION
  • The Licensee may terminate this EULA for the future at any time by ceasing the use of the Software and promptly cancelling its subscription plan. The cancellation of the subscription will terminate the subscription plan at the end of the subscription period. The Licensee shall not be entitled to any refund of the license fee.
  • In the event that the Licensee fails to comply with any of the terms or conditions of the EULA and this Amendment, Scolia Technologies Ltd. may terminate the Licensee’s right to use the Software upon a written notice of 30 days. Upon such termination the Licensee will not be able to use the Software. The Licensee shall not be entitled to any refund of the license fee upon such termination.
  1. LIABILITY OF THE LICENSEE
  • General rules of Hungarian law are applicable to the Licensee’s breach of contract. In the event of the Licensee’s breach of any of its obligations set out in the EULA and present Amendment, Scolia Technologies Ltd. shall be entitled to terminate this agreement with immediate effect.
  1. LIMITATION OF LIABILITY
  • Scolia Technologies Ltd. expressly disclaims any liability, whether expressed or implied with regard to (i) defects and errors, which are not related to the Software, but which are related to external factors, including other software products of the Licensee, (ii) acts or omissions of the Partners of Scolia Technologies Ltd. (iii) the interaction between the Software and any other hardware and/or software environment and organization at the Licensee’s location or at any remote location, including but not limited to hosting or data centers (iv) errors, defects, and inexpediency of third-party’s standard products, delivered by Scolia Technologies Ltd. (v) the Licensee’s changes and/or modifications in or with the Software, and (vi) compatibility between the Software and any new version, update etc. of third-party’s software.
  • Scolia Technologies Ltd. shall not in any way be liable for circumstances related to the non-fulfilment of the Licensee’s duties in respect of this Agreement. In no event shall Scolia Technologies Ltd. be held liable for any damage resulting from loss of data, loss of profits or goodwill or other consequential damages. Scolia Technologies Ltd.’s liability can under no circumstances exceed the license fee paid by the Licensee under the Agreement.
  1. VALIDITY
  • If any provision in this Agreement is held to be illegal, invalid, or unenforceable, such provision(s) shall nonetheless be enforced to the fullest extent permitted by applicable law, so as to reflect the original intent of the parties. Such provision(s) shall not affect the legality and validity of the other provisions in this Agreement.
  1. GOVERNING LAW AND DISPUTE RESOLUTION
  • This Agreement shall be governed and construed by Hungarian law and supersedes all prior and contemporaneous oral and written proposals and communications respecting the subject matter hereof.
  • The Parties will use all reasonable efforts to solve any controversy that may arise from this Agreement amicably at senior management levels of both parties. Disputes that cannot be settled amicably shall be settled at the Szeged City Court.
  1. INTERPRETATION
  • If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.