1.1 ANECT a.s., theCzech joint stock company with its registered office at Purkyňova 646/107, 612 00 Brno - Medlánky, Czech Republic, ID No. 25313029, registered in the Commercial Registermaintained by the Regional Court in Brno under file number B 2113, (hereinafterthe “Provider”) is the developer andprovider of the XTENDISE Application (hereinafter the "Application"). The Application is an extension of the Cisco ISE system and assuch expands its use and includes new quality-of-life features
2.2 The Provider grants to the Client a time-limited,non-exclusive license to use the Application. The Client is entitled to use theApplication for a period for which Client has paid the license fee specified inthe Agreement (Order) (hereinafter the “Fee” or “Subscription”). Unless statedotherwise in the Agreement (Order), the Client shall pay the Fee (Subscription)for the relevant period to the Provider's account on the basis of an invoiceissued by the Client.
2.5 The Client is entitled to grant the right to use the Application exclusively topersons under common control with the Client. In such case is the Client responsiblefor the use of the Application by such persons to the same extent as if the Client wasusing the Application himself.
2.7 The Provider is entitled to publicly use a referenceto the Client´s use of the Application in Provider´s marketing activitie
3.1 The Provider shall not be liable to the Client for anydirect or indirect damage or injury incurred by the Client in connection withthe use of the Application beyond the scope of liability stipulated by therelevant legal regulations.
3.2 The Provider undertakes to eliminate free of chargesuch defects that arise during the use of the Application, except when thesedefects arise as a result of the Client's activities. Defects arising from theClient´s activities will be removed by the Provider for a fee as part ofprofessional support.
3.3 The Provider undertakes to protect the Client's datafrom misuse or unauthorized use, but shall be in no case not liable for damagecaused by the loss of the Client's data or their misuse or unauthorized usebeyond the scope of liability stipulated by the relevant legal regulations.
3.4 The Provider's liability for any damage incurred bythe Client or its employees in connection with the use of the Application islimited to a lower amount from: a) the Fee (Subscription) paid for the use ofthe Application for the last 12 months or b) the amount of CZK 10,000 (tenthousand Czech crowns).
4.1 The Contracting Parties undertake to maintain theconfidentiality and protection of confidential information communicated by theother Contracting Party, as well as to respect the principles of informationsecurity.
4.2 The Provider does not process personal data as part ofthe Application within the meaning of the EU Regulation No. 2016/679 on theprotection of individuals with regard to the processing of personal data(hereinafter "GDPR").
5.2 Each party is entitledto terminate the Agreement or use of the Application at any time by giving 30days' notice. In the event of termination by the Client, the Client is notentitled to any payment from the Provider, esp. the Client will not be reimbursedfor the unused part of pre-paid Fee (Subscription). In the event of terminationby the Provider, the Client is entitled for pro-rata reimbursement of theunused part of the pre-paid Fee (Subscription).
5.4 Upon termination of the Agreement,the parties undertake to settle mutual obligations no later than 30 days fromthe termination of the Agreement
5.5 The termination of the Agreement doesnot affect the obligation of the contracting parties to pay damages incurred bythe other contracting party for the duration of the Contract.