1. Preamble

1.1 This End User License Agreement (hereinafter “EULA”) is a legally binding document specifying the legal relationship between the company 2N TELEKOMUNIKACE a.s., identification number 26183960, with its registered offices at Praha 4, Modřanská 621/72, postal code 14301, Czech Republic, registered with Municipal Court of Prague, section B, record 6613 (hereinafter “2N”, “Us” or “We”) and you (either individual or entity) (hereinafter “You”).

BY CLICKING ON THE “I ACCEPT” BUTTON, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. PLEASE ENSURE THAT YOU HAVE CAREFULLY READ AND PROPERLY UNDERSTOOD THE ENTIRE EULA BEFORE AGREEING TO ITS TERMS AND CONDITIONS.

1.2 The “Parties” shall refer to the parties of this EULA, i.e. You and Us.

1.3 The “Software” shall mean software We provide to You under the terms of this EULA and grant You the License to use it. The Software does not include Non-covered Tools provided under Clause 4.

1.4 The “License” shall mean the binding terms and conditions for Your use of the Software. The License is described in Clause 2.

1.5 The “Product” shall mean the 2N hardware in which the Software is embedded and distributed with. Terms related to existence of the Product are effective only when such the Software is distributed with a Product and not separately.

2. License Grant

2.1 Subject to the terms and conditions of this EULA, and all applicable laws and regulations, We hereby grant You a limited, non-exclusive and non-transferrable worldwide License to use the Software. If the Software is distributed with a Product, the license is limited solely to the one particular unit of the Product the Software is distributed with.

2.2 The permitted use of the Software is strictly limited to:

2.2.1 running the Software embedded in the Product,

2.2.2 running the Software installed on Your device if the Software is distributed separately.

2.3 You may not make copies of the Software or any part of it by other means than running it in accordance with this Clause 2, disseminate or convey it in any way, make it available to the public, rent, lease, transfer or sublicense it in whole or in part, unless it is explicitly permitted by applicable law or by Us. You may further not alter, modify, adapt, translate, deface, decompile, disassemble or reverse engineer the Software, except and only to the minimum extent permitted by applicable law. You may not combine the Software with other works or elements to create derivative works of the Software.

2.4 You will not take or fail to take any action that could subject the Software to an Excluded License. An “Excluded License” means any license that requires, as a condition of use, modification or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with the software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works, (iii) redistributable at no charge.

2.5 You are not obliged to use the Software.

2.6 We retain all additional rights to the Software outside of the scope of the License. Unless allowed by applicable law, You may not use the Software in any other way than provided in this Clause 2 and You may not allow such use on Your behalf by any of Your employees, agents or third parties.

3. Intellectual Property Rights

3.1 The Software contains copyright protected material, trade secrets and other proprietary information and material of 2N and/or its licensor(s), if any, and is protected by copyright laws, international copyright treaties and trade secret laws, as well as other intellectual property laws and treaties.

3.2 The Software can only be used in accordance with the terms of this EULA. You agree that You will not mortgage, pledge or encumber the Software in any way. 2N and/or its licensors retain all title and ownership in and to the proprietary rights pertaining to the Software, including all intellectual property rights, and copies thereof. This EULA does explicitly not grant permission to use the company name, trade names, trademarks, service marks or product names of 2N, except as required for reasonable and customary use in describing the origin of the Software.

3.3 This EULA covers only copyright use of the Software. Under the terms of this EULA, You are granted no trademark and/or patent license and nothing in this EULA shall be interpreted in a way it does so.

4. Third Party License Terms

4.1 The scope of this License shall not include any third party software tools that may be dynamically linked to the Software or in other way included or distributed with the Software, unless such third party software is deemed to be an inseparable part of the Software (hereinafter the “Non-covered Tools”).

4.2 For Non-covered Tools, other licenses might be applicable and governing Your use of such Non-covered Tools. Certain licenses and copyright notices applicable to third party software statically or dynamically linked to the software are listed in documentation and/or user interface and/or other materials provided with the Software and You are obliged to read and make Yourself fully acquainted with such licenses and copyright notices. By accepting this EULA, you are also accepting such additional terms and conditions, if any.

4.3 Source code offer under the terms of GNU GPL. Should the Non-covered Tools contain any part that is governed by the terms of GNU Affero GPL v3, GNU Lesser GPL v2.1, GNU Lesser GPL v3, GNU GPL v2, or GNU GPL v3 (hereinafter “GNU GPL”), we hereby make You an offer, valid for three years or as long as We offer spare parts or customer support, at Our sole discretion, for the Product or the Software, to provide You either (1) a copy of the Corresponding Source within the meaning of GNU GPL for all the Non-covered Tools, on a durable physical medium customarily used for software interchange, for a price no more than Our reasonable cost of physically performing this conveying of source, or (2) access to copy of the Corresponding Source within the meaning of GNU GPL from a network server at no charge, depending on Our preference at the time of Your request.

To request source code for all open source software included in this product, send a letter to the address below. In the letter, please state the following:

* Product name and firmware version

* Name and postal delivery address

* Billing address

The requested code will be sent to you on a CD at a charge of 20 USD, to cover distribution costs.

2N Telekomunikace a. s. IPR Department Contact Information:

IPR Department, 2N Telekomunikace a. s., Modřanská 621/71, 143 01 Prague 4, Czech Republic

4.4 CPOL license agreement. Should the Non-covered Tools contain any part that is governed by the terms of the Code Project Open License (hereinafter “CPOL”), by concluding this EULA You confirm You have opened, read, understood and agreed without reservation to the terms of CPOL.

4.5 Oracle JDK redistribution. Should the Non-covered Tools contain Oracle JDK as a redistribution package, You hereby declare that You have read and accepted the Oracle license provided with the Non-covered Tools, and acknowledged that Your use of the Oracle JDK is subject to the Oracle license.

5. Updates and Upgrades

5.1 2N may make changes to the Software at any time, without any obligation to notify or provide updated versions of the Software to you directly. In the event that 2N at its discretion decides to make any standard update, enhancement or upgrade or new version of the Software or any of its components (“Update”), 2N will make information regarding such Update available on 2N’s website. By installing, copying or otherwise using any Update that may be provided by 2N, You agree to be bound by the terms of this EULA with respect to such Update. Notwithstanding the foregoing, 2N reserves the right to apply other terms and conditions for any future Updates of the Software, which terms and conditions You must accept separately in order to receive a license for such Updates.

6. Support, reports and feedback rights

6.1 2N is not obligated to provide any support, upgrades or new releases of the Software. If You wish, You may contact us and report problems and provide suggestions regarding the Software. We have no obligation to respond to such a problem report or suggestion.

6.2 You may advise Us of any results obtained from your use of the Software, including any problems or suggested improvements thereof, and We retain the right to use such results and related information in any manner We deem appropriate.

6.3 You grant to Us a non-exclusive, non-transferable, irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under Your intellectual property rights to use without restriction and for any purpose any suggestion, comment or other feedback related to the Software (including, but not limited to, error corrections and bug fixes).

7. Term and Termination of the License

7.1 This EULA and the License shall be in effect and valid as long as Your use of the Software complies with the terms of this EULA, and as long as the Product remains operational in case the Software is embedded in the Product.

7.2 Your rights under this EULA will terminate automatically without notice from 2N if You fail to comply with any term(s) of this EULA. Upon the termination of this EULA, You shall cease all use of the Software and destroy all copies, full or partial, of the Software.

8. Transfer of the License

8.1 You may transfer the License, provided that

8.1.1 You simultaneously transfer of ownership of the Product, and

8.1.2 You make sure and are able to prove that the new owner has been provided with this EULA and accepted it without reservations.

9. Disclaimer

9.1 THE SOFTWARE IS DELIVERED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 2N DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE SOFTWARE. 2N DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 2N OR AN 2N AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

9.2 Unless explicitly agreed in writing between the Parties, the Software is provided without any additional services, and no support or maintenance of the Software is guaranteed, and if available, may be subject to additional charges and conditions.

10. Limitation of Liability

10.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL 2N BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, INCLUDING THE SALE, PURCHASE, DELIVERY, USE OR OTHER DISPOSITION OF THE SOFTWARE, EVEN IF 2N HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. 2N’S TOTAL LIABILITY WITH THE SALE, PURCHASE, DELIVERY AND USE OF THE SOFTWARE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. IN NO EVENT WILL 2N BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THE LICENSE.

11. Third Party Claims

11.1 Always subject to the limitations set forth in this EULA, Section 9.1 above in particular, We will defend or settle, at Our option and expense, any action brought against You in a member state of the European Union which concerns an allegation that the Software infringes a patent or copyright of a third party or misappropriates a trade secret of a third party in such jurisdiction. Always subject to the limitations set forth in this EULA, Section 9.1 above in particular, We will pay costs and damages finally awarded against You that are attributable to such action. You declare to understand and agree that following conditions must be fulfilled in order to make Our obligations under this section effective and enforceable: You must (a) notify Us promptly in writing of the action or any reasonable threat of it, (b) provide Us all reasonable information and assistance We will request to settle or defend the action, and (c) grant Us sole authority and control of the defense or settlement of the action.

11.2 If a claim is made under Section 10.1 We may, at our option and expense: (a) replace or modify the Software so that it becomes non-infringing, (b) procure for You the right to continue using the unmodified Software, or (c) require You to return the Software and the Product it was provided with (if applicable) to Us and refund to You any purchase price or license fee paid, less a reasonable allowance for use.

11.3 We have no liability to You if the action is based on: (a) the combination of Software or hardware with any product not furnished by Us, (b) the modification of the Product other than by Us, (c) the use of other than a current unaltered release of Software, (d) the use of the Product as a part of an infringing process, (e) a product that You make, use, or sell, (g) any Non-covered Tools, (h) infringement by You that is deemed willful. In the case under (h) You shall reimburse Us for our reasonable attorney fees and other costs related to the action.

11.4 THIS CLAUSE IS SUBJECT TO CLAUSE 9 AND STATES OUR ENTIRE LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY, FOR DEFENSE, SETTLEMENT AND DAMAGES, WITH RESPECT TO ANY ALLEGED PATENT OR COPYRIGHT INFRINGEMENT OR TRADE SECRET MISAPPROPRIATION BY ANY PRODUCT OR SOFTWARE PROVIDED UNDER THIS AGREEMENT.

12. Government contract compliance

12.1 If you are any government or public entity, including U.S., state, local, foreign or international governments or public entities, 2N and/or its licensor(s) make no representations, certifications, or warranties whatsoever about compliance with government or public entity acquisition statutes or regulations, including, without limitation, statutes or regulations that may relate to pricing, quality, origin or content.

13. General Provisions

13.1 The License is effective from the moment of execution of this EULA.

13.2 This EULA is executed and becomes legally binding at the latest when You exercise Your rights granted by this EULA for the first time; when doing this, no further notice to Us from You is required for the contract to be effective.

13.3 If any provision of this EULA is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from this EULA and the remaining provisions will remain in full force and effect.

13.4 The provisions of Clauses 9 and 10 shall survive any expiration or termination of this EULA.

13.5 This EULA is the entire agreement between You and Us relating to the Software. This EULA supersedes all prior communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.

13.6 We reserve the right to amend the specific terms of the License regarding the Software at any time and at Our sole discretion by publishing the revised EULA on Our website. The revised EULA shall become effective within thirty (30) days following the day you are being notified of the change, unless You expressly accept the revised EULA at any point earlier by clicking on the accept button presented with the EULA. Your express acceptance or Your continued use of the Software after expiry of the notice period of thirty (30) days shall constitute Your acceptance to be bound by the terms and conditions of the revised EULA. You can find the latest version of this EULA at /en-GB/eula.

13.7 This EULA and all rights and obligations arising on the basis of the EULA and in connection with it are governed by the laws of the Czech Republic with the exclusion of both the rules on the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.8 The Parties undertake to make every effort to eliminate any disputes arising on the basis of this EULA or in connection with this EULA, and to resolve them, first of all, through negotiations between contact persons or authorized representatives.

13.9 In case such negotiations appear ineffective and You are a consumer based in European Union, You are entitled to request alternative dispute resolution at a respective ADR provider; for Czech based citizens this subject is the Czech Trade Inspection Authority (“Česká obchodní inspekce”), with an on-line form available at http://adr.coi.cz.

13.10 For the resolution of all disputes arising from this EULA and legal relationships involved shall be under sole jurisdiction of the courts of the Czech Republic.

Effective from 1st of November 2022