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LICENSE AGREEMENT FOR THE RIGHT TO USE THE "4LOGIST" PROGRAM
This Agreement is made between the License Holder (Licensor) – UAB "Solario projektai" company code 304156786, with its registered office at Subaciaus 17-10, LT-01300 Vilnius, Lithuania, and the Licensee, i.e., a person permanently residing or having a registered office in the Republic of Lithuania, acquiring a non-exclusive right to use the "4Logist" program and gaining access to it.
This version of the Agreement came into effect on March 1, 2024, and remains valid until the Licensor adopts and publishes a new version (its amendments). The Licensor has the right to unilaterally amend this Agreement and other information published on the website www.4logist.com, and the Licensee undertakes to familiarize himself with the current version of the Agreement and other information before acquiring the right to use the "4Logist" program (access to the program), as well as with any subsequent updates and/or amendments to this Agreement and/or information. The valid version of the Agreement is published online at the following address: www.4logist.com/sutartis.
By acquiring the right to use the "4Logist" program, paying the Licensor a fee for the right to use the "4Logist" program (access to this program), and using this program, the Licensee agrees with all the terms of this Agreement and subsequent updates or amendments to this Agreement.
1. DEFINITIONS AND TERMS
1.1 In this Agreement, the terms listed below, unless the context requires otherwise, are interpreted as follows:
1.1.1 "Simple non-exclusive license" – a non-exclusive right to use a copy of the Program for one's own needs under the name specified by the Licensor, without the right to modify or otherwise process it and without the right to distribute it.
1.1.2 "License Fee" – the price for the right to use the Program.
1.1.3 "Program" – the "4Logist" program.
1.1.4 "Server" – the physical server for installing the Program, the parameters of which are agreed upon in advance by the Parties.
1.1.5 "Account" – the Licensee's account in the Program.
1.1.6 "Inquiry" – a request sent by the Licensee via email at lt@4logist.com or through the Account, describing the Licensee's wishes and questions related to the functioning of the Program.
1.1.7 "Subscription Period" – the paid period of use of the Program. The Subscription Period consists of the number of calendar months and/or another period agreed upon by the Parties.
1.2 Other terms and definitions not provided in this Agreement are defined and interpreted in accordance with the laws of the Republic of Lithuania.
2. OBJECT OF THE AGREEMENT
2.1 The Licensor undertakes to grant the Licensee the right to use the Program under the conditions of a Simple Non-Exclusive License in the territory specified in clause 2.3 of this Agreement, and the Licensee undertakes to pay for the use of the Program in the manner and under the conditions established in this Agreement. The Licensee's right to use the Program is implemented by granting the Licensee access to the Account in the Program.
2.2 All copyrights to the Program and any of its components and elements, including copyrighted objects and trademarks, as well as other intellectual property objects within it, belong to the Licensor and are not transferred to the Licensee. The Licensee does not acquire ownership rights to the Program or its components and is only a user of the Program belonging to the Licensor.
2.3 The Licensor grants the Licensee the right to use the Program in any territory where the Program can be used.
2.4 The Licensee settles accounts with the Licensor for the right to use the Program (access to the Program) under the conditions and terms established in this Agreement.
2.5 The Licensor's right to use the Program is non-exclusive. The Licensor has the right to grant an unlimited number of licenses to use the Program to other persons.
2.6 The Licensee has the right to submit a request to the Licensor for the Program to be customized to the Licensee's individual needs, in which case a separate agreement is concluded between the Parties, where additional terms of the Licensee's rights to use the Program, the price, and the conditions for customizing the Program to the Licensee's individual needs are discussed separately.
2.7 This Agreement does not provide the Licensee with access to internet services, mobile device setup, computer software configuration, diagnostics services, etc.
2.8 The Licensee does not have the right to transfer his right to use the Program and is responsible for actions taken in the Program on behalf of the Licensee by third parties using the Licensee's account.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The Licensee has the right to:
3.1.1 Perform actions related to the functioning of the Program to ensure that the Program is used according to its purpose, including:
3.1.1.1 Provide remote access to the Program to its employees;
3.1.1.2 Provide access to information generated by the use of the Program for the purpose of compiling summary reports.
3.1.2 Submit Inquiries to the Licensor regarding the use and functioning of the Program in order to receive consultations from the Licensor for these purposes.
3.2 The Licensee is obligated to:
3.2.1 Use the Program only within the limits of the rights granted to him and in the manner specified in this Agreement;
3.2.2 Timely settle accounts for the right to use the Program under the conditions and terms established in this Agreement;
3.2.3 Immediately inform the Licensor by email at the address specified in clause 1.1.6 of this Agreement about any technical failures that prevent the Licensee from properly using the Program, providing as much detail as possible about the detected error and the actions that caused it;
3.2.4 Provide additional information to the Licensor about detected errors and, upon the Licensor's request, perform actions necessary to detect and correct these errors.
3.3 The Licensee is prohibited from:
3.3.1 Publishing or copying the Program, granting the right to use it to third parties;
3.3.2 Distributing copies of the Program or its parts and/or taking other actions aimed at obtaining commercial benefits from third parties by using the Program;
3.3.3 Granting licenses to third parties to use the Program or its parts;
3.3.4 Taking actions that directly or indirectly infringe the Licensor's copyrights to the Program;
3.3.5 Attempting to bypass the technical limitations of the Program, overcoming the Program's protective measures, etc.
3.4 The Licensor is obligated to:
3.4.1 Within 5 (five) business days from the moment the Licensee fully settles accounts for the right to use the Program for the ordered Subscription Period, grant the Licensee the right to use the Program (access to the Program during the Subscription Period);
3.4.2 Grant the right to use the Program every day, around the clock, except during periods when Program improvement/updates are being performed, about which the Licensee is informed in advance;
3.4.3 Provide consultations regarding the use of the Program through the Licensee's Account and/or by sending Inquiries to the Licensee;
3.4.4 Periodically improve and update the Program, taking into account the needs of Program users and technological capabilities, to correct software or system errors noticed by Program users;
3.4.5 Provide information about the latest updates to the Program released during the validity period of this Agreement, and respond within a reasonable time to the Licensee's Inquiries regarding the use and functioning of the Program;
3.4.6 Consider the Licensee's Inquiries and, within a reasonable time, eliminate any malfunctions in the Program's functioning caused by the Licensor's fault (if technically possible).
3.5 The Licensor has the right to:
3.5.1 Restrict and/or suspend the Licensee's right to use the Program if the Licensee violates the payment terms specified in this Agreement and block the Licensee's access to the Account in the Program until payment is received;
3.5.2 Unilaterally terminate this Agreement and revoke the Licensee's right to use the Program (access to the Program) if the Licensee violates this Agreement;
3.5.3 Release new versions of the Program and/or updates, set and/or change their technical support and maintenance conditions;
3.5.4 Use the Licensee's logo/brand mark on the Licensor's website www.4logist.com for Program advertising purposes as well as in the Program's promotional materials.
4. PROCEDURE FOR GRANTING THE RIGHT TO USE THE PROGRAM
4.1 The Licensee has the right to use the Program (access the Program) during the Subscription Period specified in this Agreement and ordered by the Licensee.
4.2 The right to use the Program is granted by providing the Licensee with an Account, which is accessed using a username and password.
4.3 The Licensee independently registers on the www.4logist.com website and activates the Account by entering their username and password.
4.4 The Licensee's access to the Account is blocked if the Licensee has not settled the payment for the Program's use during the Subscription Period.
5. PROCEDURE FOR PAYMENT OF THE LICENSE FEE
5.1 The Licensee pays the License Fee for the right to use the Program (access to the Program) under the conditions established in this Agreement.
5.2 The License Fee is set in euros and is paid for the Subscription Period chosen by the Licensee.
5.3 The Licensee pays the License Fee by bank transfer to the Licensor's bank account indicated in the invoice.
5.4 The Licensee must pay the License Fee in advance for the ordered Subscription Period.
5.5 The Licensee is considered to have fulfilled the obligation to pay the License Fee from the moment the full amount of the License Fee is credited to the Licensor's bank account.
5.6 The Licensor has the right to change the License Fee by notifying the Licensee at least 10 (ten) days before the new License Fee takes effect. The new License Fee applies to subsequent Subscription Periods.
6. LIABILITY OF THE PARTIES
6.1 The Parties are liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the procedures and conditions established by this Agreement and the laws of the Republic of Lithuania.
6.2 The Licensee is fully responsible for the accuracy of the data provided to the Licensor.
6.3 The Licensee is responsible for ensuring that the Program is used only by authorized persons, and that the username and password for accessing the Program are not disclosed to third parties.
6.4 The Licensor is not responsible for interruptions in the functioning of the Program if such interruptions occur due to reasons beyond the Licensor's control, including technical failures, internet connection interruptions, etc.
6.5 The Licensor is not liable for damages or losses suffered by the Licensee as a result of using the Program, including but not limited to loss of profits, data, or other consequential damages.
6.6 The Licensor's liability for any damages related to the use of the Program is limited to the amount of the License Fee paid by the Licensee for the Subscription Period during which the damages occurred.
7. FORCE MAJEURE
7.1 The Parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement if such non-fulfillment or improper fulfillment was caused by circumstances of force majeure as defined by the laws of the Republic of Lithuania.
7.2 The Party affected by force majeure must inform the other Party in writing within 5 (five) business days from the occurrence of the force majeure event.
7.3 If the force majeure circumstances last for more than 30 (thirty) days, either Party has the right to terminate this Agreement by notifying the other Party in writing.
8. DURATION AND TERMINATION OF THE AGREEMENT
8.1 This Agreement comes into force from the moment the Licensee agrees to its terms and conditions and remains in effect until the end of the Subscription Period.
8.2 The Licensor has the right to terminate this Agreement unilaterally by notifying the Licensee in writing at least 10 (ten) days in advance if the Licensee violates the terms of this Agreement.
8.3 The Licensee has the right to terminate this Agreement by notifying the Licensor in writing at least 10 (ten) days in advance. In this case, the Licensee is not entitled to a refund for the License Fee paid for the remaining Subscription Period.
8.4 Upon termination of this Agreement, the Licensee loses the right to use the Program, and access to the Program is immediately blocked.
9. PERSONAL DATA
9.1 The Licensor, by granting the right to use the Program, obtains the Licensee's consent to collect and process personal data about the Licensee and directly related persons (e.g., employees, representatives, clients, etc.), as well as the right to inform the Licensee about promotions and special offers throughout the Subscription Period.
9.2 The Licensor collects, stores, uses, and processes the aforementioned personal data in compliance with laws regulating the protection of personal data, for purposes including, among others, the execution of this Agreement, invoicing, administration of accounting systems, management of internal information systems, customer relationship management, and fulfillment of its obligations.
9.3 In fulfilling this Agreement, the Licensor will process the personal data of the Licensee and directly related persons (e.g., employees, representatives, clients, etc.) as a data processor, following the laws and regulations governing personal data protection. The Licensee must inform the Licensor about the security measures required when processing personal data.
9.4 The Licensor undertakes to maintain the confidentiality of the Licensee's commercial and personal data, as well as those of their counterparties, which are collected when the Licensee uses the Program. The Licensor will take appropriate measures to ensure that third parties do not have illegal access to and use of this data.
10. FINAL PROVISIONS
10.1 This Agreement is governed by and construed in accordance with the laws of the Republic of Lithuania.
10.2 Any disputes arising from or related to this Agreement shall be resolved through negotiations. If the Parties cannot reach an agreement, the dispute shall be resolved in the competent court of the Republic of Lithuania.
10.3 The Parties agree that all notifications and other communications related to this Agreement shall be made in writing and sent by email or registered mail to the addresses provided in this Agreement.
10.4 This Agreement constitutes the entire understanding between the Parties regarding the use of the Program and supersedes all prior agreements, understandings, or communications between the Parties regarding the subject matter hereof.
10.5 The Licensor has the right to assign its rights and obligations under this Agreement to third parties without the Licensee's consent, provided that the rights of the Licensee are not violated.
11. LICENSOR'S DETAILS
UAB "Solario projektai"
Company code 304156786
VAT code LT100010226014
Subačiaus 17-10, LT-01300 Vilnius, Lietuva
bank account: Nr. LT417044060008103322
tel.: +37069198902
email: lt@4logist.com
