CxReports End-User License Agreement

This End User License Agreement (the “EULA”) is an agreement between the person, company or organization (the “Licensee”) that has acquired a license to The Software and Codaxy d.o.o. Banjaluka (the ”Licensor”). By installing and/or using The Software, the Licensee accepts the license of The Software and agrees to the terms of this EULA. The terms of this EULA will also govern new or updated versions of the software installed according to the Licensor’s instructions.

1. DEFINITIONS

"Codaxy" and "The Licensor" shall mean Codaxy d.o.o Banja Luka.

"License" shall mean the terms and conditions for use and distribution as defined by this document.

"Licensee" (or"You" or "Your") shall mean an individual or legal entity that has acquired a license to The Software.

"The Software" shall mean all items contained within the CxReports installation media, including but not limited to the CxReports server, web interface, configuration files and associated assets.

"Documentation" shall mean all on-line help-files or written manuals and instructions regarding the use of The Software.

"Confidential Information" shall mean The Software, all Documentation, all information data, drawings, trade secrets, source codes and readable information regarding The Software and all information of intellectual property nature.

"Server" shall mean a computer system (i) on physical hardware, or (ii) a virtual machine, or (iii) under a container runtime such as Docker or containerd.

"User" shall mean an Individual who interacts with The Software through its user interface.

2. RIGHT OF USE

Codaxy hereby grants to the Licensee a non-assignable and non-exclusive right to use The Software in accordance with the terms and conditions set out in this EULA. The license is effective upon installation by the Licensee and remains in force until its expiration or termination by either party.

The Licensee does not acquire any ownership rights of and/or other rights under this EULA, as The Software as well as any appertaining source codes and other rights belong to the Licensor.

Licensee must use The Software in strict accordance with the terms of the granted License type. The Software can be licensed as (i) a Free License or (ii) a Server License that needs to be renewed monthly or annually (every 12 months).

• Free License You may install and use The Software on up to three (3) servers, subject to the restrictions on the number of reports, users, workspaces, and generated PDF files.
• Server License This license type requires the purchase of a separate license key for each server where The Software is to be used. Each Server License key authorizes an increase in the limits of reports, users, workspaces, and PDF file generation for its respective server. Additionally, each Server License includes one year of bug-fixing support and access to new software versions. The support period can be extended through the purchase of a support extension.

The License to The Software is non-transferable and thus the Licensee cannot transfer the License to a third party by sale, pledge, lease, rent, loan or the like. In case of a merger, split or takeover of the Licensee, the new legal entity shall enter into this EULA.

The Software is protected intellectual property and the Licensee is not entitled to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of The Software or of Confidential Information submitted to Licensee as a result of this EULA.

The Licensee agrees that Codaxy may audit the Licensee's use of The Software for compliance with this EULA at any time, upon reasonable notice. In the event that such an audit reveals any use of The Software by the Licensee other than in full compliance with the terms of this EULA, the Licensee shall reimburse Codaxy for all reasonable expenses related to such an audit in addition to any other liabilities the Licensee may incur as a result of such non-compliance.

3. INTELLECTUAL PROPERTY RIGHTS

The Licensee acknowledge that (a) The Software and Documentation is proprietary to and constitutes trade secret information of Licensor; (b) Licensor is the owner of The Software and all intellectual property rights vested in The Software, including, but not limited to, copyrights, trademark rights and design rights therein, (c) title and ownership rights to The Software shall at all times remain with the Licensor.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of The Licensor, except as required for reasonable and customary use in describing the origin of The Software.

Upon an infringement of Codaxy’s intellectual property rights, Codaxy shall be entitled to terminate this EULA with immediate effect.

4. THIRD PARTY AND OPEN SOURCE SOFTWARE

The Software includes components licensed to us by third parties, including open source software. To the extent applicable, we will include a list of such components with The Software or in its accompanying documentation. Some components require that we provide them to you under the terms of their open source licenses rather than the terms of this License; in those cases the open source license terms will apply to those components, and all rights granted to you by them will be preserved.

5. PUBLICITY

We may identify you as a customer in our promotional materials. We will immediately cease doing so upon your request by email to support@cx-reports.com. support@cx-reports.com.

6. DISCLAIMER OF WARRANTY

The Software and any related documentation is 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 the Licensee.

The Software delivered under this EULA is a standard product, and the Licensee is aware that no software product is faultless in all situations and combinations.

Licensee is solely responsible for determining the appropriateness of using The Software and assumes any risks associated with the exercise of permissions under this License.

Licensor shall not be liable for any defects and this EULA includes neither warranty against defects, nor any warranty of fitness or suitability for a particular purpose.

7. LIMITATION OF LIABILITY

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Licensor be liable to Licensee for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use The Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Licensor has been advised of the possibility of such damages.

The Licensee agrees that Licensor’s liability for damages, if any, shall not exceed the charges paid to Licensor by Licensee under this EULA.

8. CONFIDENTIALITY

Licensee shall not, even after the termination of this EULA, use or disclose to any third party any Confidential Information or trade secrets of any kind that Licensee legally or illegally may acquire about the business of Licensor or about The Software, except where such information is public knowledge, without prior written consent from Licensor.

9. TERMINATION

This EULA will commence on Licensee’s acceptance of this EULA and will not terminate, unless terminated by either party.

Upon termination of this EULA, by any party for any reason, Licensee shall cease all use of The Software, and shall promptly uninstall, delete and destroy all copies of The Software, including any software updates, delivered Documentation, source codes, manuals, instructions, and warrant in writing that all copies thereof have been destroyed.

In the event that the Licensee fails to comply with the terms of this Agreement, the Licensee's rights under this EULA will terminate automatically without notice from the Licensor. The Licensee shall not be entitled to any refund of the license fee upon such termination. /In the event that the Licensee fails to comply with any of the terms or conditions of this Agreement, Licensor may terminate the Licensee's right to use The Software, including any documentation, at any time upon a written notice of 30 days. The Licensee shall not be entitled to any refund of the license fee upon such termination.

The Licensee may terminate this EULA for the future at any time by ceasing the use of The Software and promptly destroying and deleting all copies, including any documentation.

10. WAIVER

A single or partial exercise or waiver by Codaxy of a right relating to this agreement does not prevent any other exercise of that right or the exercise of any other right. Codaxy is not liable for any loss caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

11. SEVERABILITY

If any provision of this EULA 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 effect or impair the validity or enforceability of the remaining provisions of this agreement.

12. LAW AND VENUE

This EULA is governed by and is to be construed in accordance with the laws applicable in the Bosnia and Herzegovina. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Bosnia and Herzegovina and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

13. ASSIGNMENT

Licensor may at any time in full or in part assign its rights and obligations under this EULA to any third party without requiring Licensee's consent.

The Licensee is not entitled to lend, lease, sublicense, transfer, or otherwise assign its rights and obligations given under this EULA without Licensor's prior written consent.

In the event that Licensee assigns The Software in conflict with the provisions above, Licensor may terminate this Agreement with immediate effect, as described in clause 9.

14. RESERVATION OF RIGHTS

All rights which are not expressly granted in this agreement are expressly reserved.