EULA v2

The present End User License Agreement (hereinafter referred to as ‘EULA’) is a software license agreement which has been entered into by and between Scolia Technologies Ltd. (registered office: HUNGARY 6722 Szeged, 24 Kalvaria ave., registry number: 06-09-023973; registered at Szeged Registry of Companies; tax number: 26194387-2-06; e-mail address: info@scoliadarts.com, web page: www.scoliadarts.com; hereinafter referred to as ‘Scolia Technologies Ltd.’ or ‘Licensor’), as a licensor and You (hereinafter referred to as ’User’; hereinafter the Licensor and the User jointly referred to as ‘Parties’), as licensee according to the section below, in the subject of the use of the Software and other usage of related products and services specified in the present EULA.

The acceptance of the present EULA is the essential condition of the commencement of the Software’s use.

Before using the Software, please read the present EULA carefully. The use of the Product or any usage of the Software under the scope of the present EULA shall be considered as the acceptance of the conditions of the present EULA by You, as Licensee and pressing of the “Accept” button displayed by the Software during use shall mean that You, as Licensee have accepted the terms and conditions of the present EULA as legally binding.

If You do not accept the conditions of the present EULA or do not act in compliance with these then You under no circumstances shall become entitled to use the Product.

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.

‘SCOLIA Partner’: Person employed or otherwise engaged in a legal relationship with Scolia Technologies Ltd.

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

Establishment of the EULA

    1. The User hereby acknowledges that any use of the Product (which is defined in Section 4) after the lawful acquisition of the Product, and pressing the ‘Accept’ button during the registration shall be deemed to constitute an acceptance by the User of the terms and conditions of the present EULA. After pressing the ‘Accept’ button, the present EULA shall be deemed as a legally binding document upon the User and it qualifies as a written contract between the Parties.
    2. The User hereby acknowledges that upon the acceptance of the present EULA, the present EULA (and the GTC) will be available on Website for the User.
    3. The EULA does not apply to Guest Users. The User shall ensure and be liable that Guest Users comply with the terms of this EULA.
    4. The language of the present EULA is in English.

Website, Contracted Partners

    1. The Website is operated by Scolia Technologies Ltd. for the purpose of providing “Online game services and score analytics’ software products.
    2. The operation of the Website is an electronic trade service. Conditions of using the Website, rights and obligations of Scolia Technologies Ltd. and Users are stipulated in the General Terms and Conditions (hereinafter referred to as ‘GTC’).

Product, Hardware and Software

    1. Product is a sophisticated image processing algorithm which identifies the locations of the thrown darts real time. Product consists of a) a Hardware with pre-installed software (hereinafter referred to as ‘Firmware’), which runs specific algorithms and data content, and b) a software as a service (hereinafter referred to as ‘SAAS’, together as ‘Software’) to be used in unison with the Hardware (hereinafter referred together as ‘Product’).
    2. Product’s hardware includes three cameras (one in each arm of the setup), all of which sends images of the dartboard to the processing unit (hereinafter referred to as ‘Hardware’). Images are leaving the processing unit only in the following three cases:
        • Upon unsuccessful system calibration of the images can be stored on Scolia Technologies Ltd.’s servers for further processing and troubleshooting purposes.
        • During finetuning of the camera alignments, images can also be streamed to the User’s web application. Images in this case are not stored on Scolia Technologies Ltd.’s servers, they are only forwarded through the Scolia Technologies Ltd.’s servers from the processing unit to the User’s web application.
        • For troubleshooting purposes SCOLIA Partner can also stream the images, to determine irregular behaviour of a system. Images are only forwarded through the Scolia Technologies Ltd.’s servers from the processing unit to the User’s web application.
    3. Software is protected by law. The copyright, patent rights, trademark rights and all other ancillary rights to the Software, and to any other objects that Scolia Technologies Ltd. gives or makes available to the Licensee as part of the contract initiation and execution, belong exclusively to Scolia Technologies Ltd., provided that Scolia Technologies Ltd. is the holder of these rights.
    4. The SAAS is an online platform that can be accessed through the Website (at game.scoliadarts.com) and is operated on Google Cloud Platform. It provides user interfaces for:
        • account management,
        • board management,
        • games,
        • statistics.
    5. The User is only entitled to use the Software to process the User’s own data for their own purposes. The User must ensure that appropriate safeguards are in place and may not allow the Software to be copied, replicated or reverse engineered.
    6. This Website is provided ‘as is’, with all faults, and Scolia Technologies Ltd. express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Furthermore, nothing on this Website shall be construed as providing advice to the User

Information, Complaints, Complaint Management

    1. The User can contact Scolia Technologies Ltd. with questions regarding the operation of the Website, or possible complaints, choosing from the following accessibilities:
        • place of administration: HUNGARY 6722 Szeged, 24 Kalvaria ave.
        • postal correspondence address: HUNGARY 6722 Szeged, 24 Kalvaria ave.
        • electronic correspondence address: info@scoliadarts.com
    2. Scolia Technologies Ltd. responds, concerning the merits of the case, within 30 (thirty) days upon their arrival.

Intellectual Property Rights, right of use

    1. Scolia Technologies Ltd. and/or its licensors hold the title to all the intellectual property rights and materials contained in this Website. The User is granted limited license only for purposes of viewing the material contained on this Website.
    2. The Product as a whole and in part is subject to copyright protection in accordance with the governing law. Unless otherwise provided by law or contractual provisions, the Licensor is the sole and exclusive owner of all material copyrights vested in the Product.
    3. Under the terms of the present EULA, Scolia Technologies Ltd. grants the User the non-exclusive, non-transferable, non-sublicensable right, unlimited by time and location to use the Software. The licensing includes the right to use the Software in accordance with the documentation and pursuant to the provisions of the EULA. User may use the Software only in the form in which Scolia Technologies Ltd. has embedded it in the Hardware. All right, title and interest in and to the Software and all copyrights and other intellectual property rights therein are and shall solely remain the property of Scolia Technologies Ltd. Under the present EULA, the User have a right to use the Software and Scolia Technologies Ltd. reserves all rights not expressly granted to the User. The User’s right of use applies to the version of the Software that is current at the time when accepting the present EULA. Scolia Technologies Ltd. reserves the right to make certain features of the Software available only for a fee to the Users. Terms and conditions of Paid Services are described here: https://scoliadarts.com/paid-services/
    4. Any form of display, storage, coding, including printed, electronic or graphic display, storage, source or object code, or any other as yet undefined form of display, storage, or coding, or any medium thereof shall be deemed parts of the Software. Error corrections, additions, updates used by the User following the conclusion of present EULA shall also be deemed parts of the Software.
    5. Your rights under the present EULA will terminate immediately without notice from Licensor if You materially breach them, or take any action in derogation of the rights of Licensor. Licensor may terminate the present EULA if the Product as a whole or any part thereof becomes, or in Licensor’s reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation.
    6. Licensor reserves the right to upgrade, update and making available upgrades and updates to, modify or change any function or feature of the Software or the user interface and design of the Software.
    7. You will have no claim, complaint or demand against Licensor for applying any of the above changes or for failures incidental to such changes or Licensor undertaking any of the above actions or not exercising any of its above rights (including but not limited to not offering updates or upgrades to the Software.)
    8. The User acknowledges that the licence given by the present EULA is limited to the use and extent strictly necessary to achieve the purpose of Product.
    9. The Scolia Technologies Ltd. is allowed to assign, transfer, and subcontract its rights and/or obligations under the present EULA without any notification to the User. However, User is not allowed to assign, transfer, or subcontract any of User’s rights and/or obligations under the present EULA.
    10. User understands and acknowledges that all trademarks, copyrights, patents and other intellectual property which belongs to Scolia Technologies Ltd. or in connection with that is the sole property of Scolia Technologies Ltd. Due to the controlled change of the Product the intellectual property and the modified Product also constitute the property of Scolia Technologies Ltd.
    11. The purchase price of the Product includes the licence fee.

Restrictions

    1. User is specifically restricted from all of the following:
        • publishing any user-related information in any other media without the consent of the Parties involved;
        • selling, sublicensing and/or otherwise commercializing any Website material;
        • using the Website in any way that is or may be damaging to the Website;
        • using the Website in any way that impacts user access to the Website;
        • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
        • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website;
        • using the Website to engage in any advertising or marketing.
    2. Certain areas of the Website are restricted from being access by the User and Scolia Technologies Ltd. may further restrict access by the User to any areas of the Website, at any time, in absolute discretion. Any userID and password of the User may have for using the Website are confidential and the User must maintain confidentiality as well.
    3. The User is not allowed to (and may not allow another person to):
        • license, sell, rent, lease, transfer, sell, host, outsource, make available or otherwise commercially exploit the Software or make it available to any third party;
        • make a copy of the Software;
        • analyse, reverse engineer, reverse compile or attempt to derive the internal source code of the installer, the Software or any part thereof, or use it for development purposes (unless expressly permitted by applicable law);
        • remove or alter any trademark, logo, copyright or other proprietary notices, legend, symbol or label in the Software.

Warranty of Title

    1. The Licensor warrants that no third person has such copyright, and/or property or exclusive right of use, neither fully nor partially, on the Product ensured by the EULA, that impede or make it impossible to exercise the right of use in the extent that it was acquired by the User.
    2. If a third person shall have a claim against the User pertaining to the Product or part of it or other intellectual property ensured by the Licensor based on the EULA, the Licensor is obliged to defend and hold harmless the User in reasonable time from the claim of the third person, furthermore shall undertake all obligation that the User should perform towards a third person. The condition of the performance of the obligation provided in this section is that the Licensor acknowledges the claim or that its legitimacy is ruled by a final court decision.
    3. Following of gaining knowledge of the claim provided for in section 8.2 the User without delay but at least within 5 working days shall inform the Scolia Technologies Ltd. on the claim or the risk thereof and shall ensure that the Scolia Technologies Ltd. may consult directly with the claimant or to participate against their relevant proceedings directly as a party. The User may participate in the filling of the claim exclusively by consulting the Scolia Technologies Ltd. The User may only acknowledge an infringement or make a declaration in which waives a right only with the prior written consent of the Scolia Technologies Ltd.
    4. The obligation of the Licensor to defend and hold harmless is only valid against the User. The User may not have such claim against the Scolia Technologies Ltd. The User waives such right.

Warranty of fitness and merchantability

    1. The Licensor states that the Product has been elaborated and developed with appropriate professional expertise according to the conventional technical practice in information technology. Nonetheless due to the complexity of the Product the Licensor shall not warrant that the Product is free from defaults but it provides it in the “given state” and together “with all of its defaults” – as is.

Limitation of liability, Indemnification

    1. Scolia Technologies Ltd. as Licensor excludes all liability for any damages caused directly or indirectly by the Product, including but not limited to loss of profit, loss of revenue, loss of productivity, loss of data, damage to database, computer viruses or third-party products.
    2. The User hereby indemnify to the fullest extent Scolia Technologies Ltd. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to User’s breach of any of the provisions of these TERMS.
    3. This limitation of liability shall not apply to those events to which the governing law excludes the possibility of the limitation of liability.
    4. In the event of the limitation of liability specified in section 10.1 may not be applied between the Parties for any reason, then the Licensor’s liability for damages is the 50% of the net amount of the license fees paid by the Licensee. The User declares that he/she expressly accepts the maximum amount of damages in view of the nature of the Product and waives their right to appeal against the maximum amount of damages in view of the striking disproportionate value.

Data Processing

    1. The Scolia Technologies Ltd. shall ensure the security of the User’s data by applying technical and organizational measures appropriate to the degree of risk, protection against unauthorized or unauthorized access, accidental loss, destruction or damage of the data, including ensuring the confidentiality, integrity, position and resistance. See the detailed Privacy Policy in a separate document on our website: https://scoliadarts.com/scolia-privacy-policy/.

Automatic updates

    1. Scolia Technologies Ltd. may from time to time provide bug fixes, updates, upgrades and other modifications to the Software (hereinafter referred to as ‘Updates’). These may be automatically uploaded without providing any additional notice or receiving any additional consent. The User consent to these automatic Updates. If the User does not want such Updates, User’s remedy is to stop using the Product and Scolia Technologies Ltd. is not liable for the faults caused by the refusal of the automatic update of the service. The terms of the present EULA will govern any Updates provided by Scolia Technologies Ltd. that replace and/or supplement the original Software, unless such Updates are accompanied by a separate license in which case the terms of that license will govern.

Termination, Modification

    1. The present EULA shall remain in force for an indefinite period of time.
    2. In the event that the User breaches any condition of the present EULA, then the Licensor shall be entitled to terminate the present EULA with immediate effect.
    3. In the event that the User dissolute without succession the licence provided under the present EULA shall cease with immediate effect.
    4. In the event of the termination of the present EULA the User shall discontinue any use of the Product, shall delete it from his/her devices and destroy irreparably all copies in his/her possession. Upon the request of the Licensor the User issues a declaration via its representative of such destruction.
    5. The Scolia Technologies Ltd. shall be entitled to modify the present EULA unilaterally by notifying the User thereof. It shall qualify as notification also if (i) at the time of the installation of a new version of the EULA is accepted, or (ii) if the Scolia Technologies Ltd. at least 30 days prior to its entry into effect publishes the new EULA on the Website. Accordingly, the User shall check the EULA on the Websites from time to time. The modification may not affect the other agreements between the Parties, they shall remain in effect with contents unchanged.
    6. The User acknowledges that if they do not accept the unilateral modification referred in section 13.6., that qualifies as the unilateral termination of the contract by the User.

Entire Agreement

    1. The present EULA represents the whole agreement concerning this license between the Parties and supersedes all prior agreements and representations between them.

Miscellaneous Provisions

    1. The Privacy Policy of Scolia Technologies Ltd. Website (https://scoliadarts.com) makes the inseparable constituent part of the present EULA, the content of which the User learned in course of registration and agrees that Scolia Technologies Ltd. manages his/her particulars supplied according to the conditions of these regulations.
    2. The present EULA will be governed by and interpreted in accordance with the laws of the State of Hungary, and the User submit to the non-exclusive jurisdiction of the state and federal courts located in Hungary for the resolution of any disputes.
    3. If the User purchases and uses the Product for financial gain, Scolia Technologies Ltd. shall not be liable and shall not be liable to pay compensation for any lost income or loss of profit resulting from the failure of the Product. Financial gain means any activity whereby the User allow third parties to temporarily use the Product for any consideration.
    4. If any provision of the present EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.

Effective date: 16 May 2023