Splynx ISP Framework License Agreement

Article 1: Representations and Warranties

1. The Licensor represents and warrants that the Licensor exercises the proprietary rights to the computer program (copyright) specified under Art. 1 para. 1 of this Contract and is entitled to grant to the Licensee the right to use this program in accordance with the terms and conditions provided hereby.

2. The contracting parties enter into this Agreement in order to provide for the mutual rights and obligations connected with the copyright use while considering the copyright protection set forth by the legal regulations.

Article 2: Subject Matter of the Contract

1. The Licensor grants hereby to the Licensee the license to exercise the right to use the computer program “IspFramework” (hereinafter referred to as the “Computer Program”) within the scope and subject to the terms and conditions provided under Art. 5 below.

The right to use the Computer Program in accordance with this Contract shall be understood as the right of undisturbed utilization of the Computer Program for the purpose of the client registration and management of the Licensee’s network.

2. The Licensee undertakes to pay to the Licensor for the license granted in accordance with this Agreement the agreed licensing fee and moreover undertakes to provide all required assistance to accept the Computer Program and to observe all the restrictions of the use set forth by law and this Agreement.

Article 3: License Arrangement

1. The Licensee is only entitled to use the Computer Program in compliance with this Agreement.

2. The Licensor grants hereby to the Licensee the right to use the Computer Program „IspFramework” in the following ways:

a) install one reproduction of the Computer Program in one work station (server); and

b) use the installed reproduction in its original, unchanged shape, namely, by its operation in the work station (server).

3. The Licensor grants to the Licensee the license as the not exclusive one.

4. The Licensor grants to the Licensee the license without any territorial restriction.

5. The Licensee is entitled to provide its clients access to the client portal of the IspFramework. Program. The Licensee is entitled to render the administrator access via the web interface to the installed Program in its workstation (server) to an unlimited number of administrators. The Licensor shall not be however responsible for the damages and faults of the Computer Program caused by unskilled interference by third parties to which the Licensee rendered the administrator access to the installed Program. The Licensee is obliged to take up required measures and to proceed with reasonable prudence upon delivering the data enabling the administrative access to third parties.

6. The Licensee is not entitled to copy, lease, lend, disclose to the wide public, modify in any manner whatsoever the Computer Program, as well as to combine it with other copyrights or to interfere with the Computer Program otherwise than by way of the client adjustment, allowed by the Program documentation.

7. The Licensee is not entitled to assign, let, lend, or enable the utilization in any manner whatsoever or otherwise temporarily or permanently to provide the right forming part of the license or the license itself to third parties (no sublicensing).

8. The Licensee is not obliged to utilize the license.

9. The Licensee is entitled to create the required spare reproductions of the Computer Program. The Licensee is obliged to protect this reproduction from the loss, theft, and misuse by third parties.

10. The license, and/or the rights and obligations granted based on this Agreement, do not pass to the legal successor of the Licensee in case of the Licensee’s termination.

Article 4: Licensing Fee

1. The contracting parties have agreed on the fee charged for granting the license in accordance with the actual commercial offer.

2. What is included in the paid subscription:
Technical Support is provided via tickets in written form. Support Hours: 7 days a week, 8-22:00 Central European Time.

  • We frequently answer 1-2 tickets per day per customer regarding general questions about Splynx software and features. Urgent tickets regarding critical issues will be answered in a timely manner regardless of the quantity.
  • Frequent Software Updates.
  • Two deployment calls (up to 1 hour) with our engineer which will take place in the Zoom application.
  • Access to our Documentation, Youtube videos and API description.
    * Integration/deployment fee and POC fee are not included and are always based on the complexity of the project. Terms and conditions and available on our website – https://splynx.com/paid-integration/

3. Prices: https://splynx.com/pricing/

4. The payment period is quarterly or annually, and invoices are issued at the beginning of the month.

5. The licensing fee in accordance with the foregoing paragraph is due and payable within a period of fifteen (15) days after issuing the invoice, which the Licensor undertakes to deliver or to send to the Licensee.

The Licensee’s obligation to pay the licensing fee in accordance with this Contract is complied with upon crediting the charged fee to the Licensor’s account, payment in cash, or another payment method.

6. The Licensee undertakes to pay to the Licensor the contractual interest equal to 0.1 % of the unpaid licensing fee or part thereof per day of default, as resulting from the Licensee’s default. This shall not affect the Licensor’s claim to payment of damages arising in connection therewith.

Article 5: Agreed Features and Functionality of the Computer Program

1. The Licensor warrants the following features and functionality of the Computer Program:

1.1 Dashboard

1.2 Tariffs (Internet, Voip, Custom)

1.3 Customers (Add, Search, List, View: Information, Services, Billing, Statistics, Documents)

1.4 Prepaid cards (Generate, Series list, Search, List, View)

1.5 Finance (Dashboard, Transactions, Invoices, Requests, Payments)

1.6 Refill cards (Generate, Series, View)

1.7 Networking (Routers, Monitoring, IPv4 Networks management)

1.8 Support (Messages, Tickets)

1.10 Administration (Logs, Partners, Administrators, API keys, Locations)

1.11 Config

1.12 Customer portal (Dashboard, Finance, Statistics, About)

2. Database of the Computer Program, making it possible to save the information, as well as its viewing, classification, and backing up;

3. Program must be stored in the procurer’s server;

4. Program is created in the programming language PHP, with the support of MySQL databases;

5. Program documentation available on: https://splynx.com/ (including Docs: https://docs.splynx.com/)

6. In the event the Computer Program objectively lacks the features and functionality pursuant to paragraph 1 above, the Program is considered faulty.

7. Non-existence of a feature or functionality which has not been explicitly mentioned under paragraph 1 above is not considered a fault.

8. The Licensor shall not be responsible for the fault of the Computer Program, which has originated in consequence of that the Licensee has used the Program in a manner contradicting the license arrangement.

9. The Licensee is entitled to claim from the Licensor a free rectification of fault for a period of three (3) month following the date of entering into this Agreement. The existence of a feature or functionality has to be substantiated by the Licensor. Unless agreed otherwise, the Licensor shall substantiate the existence of a functional feature on the Computer Program installed in the Licensee’s server.

10. The claim for rectification of a fault must be filed in writing promptly after the fault has been identified, however, within seven (7) days following the date when the fault has been identified by the Licensee. Should the Licensee fail to file the claim within this period, the Licensee’s right to its free rectification shall be terminated.

11. The Licensor undertakes to rectify possible faults of the Computer Program without undue delay after they have been claimed by the Licensee. The contracting parties shall produce the minutes of the time and the subject of the rectified fault, to be signed by both the parties.

12. The Licensor is obliged to commence the work to rectify a fault identified by the Licensee also in the event the Licensor has not acknowledged the Licensor’s responsibility for this fault. In the event the Licensor is not responsible for the claims filed, the costs incurred in connection therewith shall be subsequently paid to the Licensor by the Licensee within a period of ten (10) days after delivery of the Licensor’s written notice asking for their payment.

Article 6: Responsibility for Damages

1. The contracting parties are not responsible for damages caused by their failure to comply with this Agreement in accordance with the applicable legal regulations and this Agreement.

2. The contracting parties undertake to notify without undue delay the other contracting party of the circumstances excluding the responsibility, preventing their proper compliance with this Contract.

3. The Licensor shall not be responsible for the damages caused by interference with the Computer Program, its data, or databases by third parties.

4. Responsibility for damages in accordance with this Agreement shall be governed by general provisions of the Act No. 513/1991 Coll. (Commercial Code). The contracting parties mutually represent and warrant that the value of the damages, which has been or could have been foreseen as a possible consequence of breach of this Agreement by both the contracting parties at the time of entering into this Agreement in each individual case shall amount to a double of the monthly licensing fee pursuant Article 4 above.

Article 7: Delivery and Acceptance

1. The Licensor undertakes to deliver to the Licensee a reproduction of the Computer Program by way of its installation in the workstation (server), public binary of Computer Program available in repository.

2. The contracting parties have agreed that the Computer Program is considered delivered at the instant when the Program has been installed in the Licensee’s server and the Licensee has not pointed out any Program fault to the Licensor after the completed tests. The right to payment of the agreed licensing fee originates to the Licensor upon delivery of the Computer Program.

Article 8: Withdrawal

1. Either of the contracting parties is entitled to withdraw from this Agreement in the event of a substantial breach of the contractual obligations by the other contracting party in accordance with section 345 of the Act No. 513/1991 Coll., Commercial Code. The withdrawal comes into effect on the date of delivery of the written notice to the other contracting party.

2. The Licensee is entitled to withdraw from the Agreement, namely, in the event when the Licensor is belated in regard to its compliance with the obligations in accordance with this Agreement for a time of more than thirty (30) days and fails to take up remedial steps within fifteen (15) days after delivery of the Licensee’s written notice to do so.

3. The Licensor is entitled to withdraw from this Agreement in the event the Licensee has defaulted on payment of the licensing fee for a period of more than thirty (30) days.

4. The Licensor is moreover entitled to withdraw from the Agreement in the event the Licensee has used the Computer Program in contradiction with the terms and conditions referred to under Article 3 above, even in spite the Licensor’s written notice. Upon the Licensor’s withdrawal from the Agreement on the above grounds, the Licensee’s obligation to pay the licensing fee shall not be affected and the Licensor is not obliged to return the received fee to the Licensee.

5. The Licensee is obliged to terminate the use of the Computer Program and to delete all its installations on the date of withdrawal.

6. Refund of the paid license fee. The Licensee can ask for a refund of the last paid licensing fee. He must officially claim that the license was not used and Licensor confirms and agree with it.

If it is the first payment, then Licensee should cover the costs of efforts that the Licensor put into implementation and training of the Licensee. Price is 50 Euro / 60 USD per one man-hour of Licensor’s work. Licensor doesn’t have to refund anything if he considers that Licensee used License.

Article 9: Closing Provisions

1. This Agreement shall be governed by the Copyright and Rights Associated with the Copyright Act No. 121/2000 Coll. (the Copyright Act), and/or the Act No. 513/1991 Coll., Commercial Code.

2. If the reason of invalidity relates to a certain provision of this Agreement only, then only this provision shall be invalid unless resulting from its nature or content or from the circumstance under which it has been agreed that it cannot be separated from the remaining provisions of the Agreement.

3. This Agreement means and represents a complete agreement of the contracting parties on the subject matter of this Agreement. This Agreement may be only modified by means of the written agreement of both the contracting parties, made by way of numbered amendments to this Agreement and signed by the authorized representatives of both the contracting parties.

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