Terms of Use

Content

1. Last Revised
2. Acceptance of Terms of Use
3. Defined Terms
4. Conditions and Limitations a) Licensing b) Use of the Software c) Fees and Payment d) Refund Policy e) Use of the Websites f) Copyright
5. Privacy Policy
6. Limitation of Liability
7. Waiver
8. Indemnification
9. Termination
10. Changes of these Terms of Use
11. Governing Law
12. Final Notes
    

1. Last Revised: May 24, 2018

2. Acceptance of Terms of Use

By accessing and using the Websites or downloading the Software User agrees with these Terms of Use. If User does not agree to any of the parts in this document including all policies and terms linked to or otherwise referenced herein, User should immediately stop using the Websites, the Software and other Content (capitalized terms defined below).

User agrees that he/she is either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with them.

3. Defined Terms

Unless otherwise defined, capitalized terms used throughout these Terms of Use have the meanings stated below:

• Content - Any works of authorship, creative works, graphics, images, textures, photos, logos, documents, video, audio, text and interactive features published on the Websites.
• Documentation - All Content presented on the subdomain help.orm-designer.com and/or in another part of the Websites that provides information about the Software and its use.
• Fees - The Software product License fees and then-current annual Maintenance payable in U.S. dollars or euros.
• Inventic - Inventic s.r.o., a limited liability company established under the laws of Czech Republic.
• License - A license granted under these Terms of Use to permit User to use the Software on a single computer.
• Maintenance - Extension of a right to get updates for a certain period of time including the Software updates and/or enhancements made generally available to Users with valid Maintenance period from time to time.
• Owner - Person or company owning one or more Licenses. User and Owner can be the same person or different persons. Company can never be User.
• The Software - The software program(s) and related materials of Inventic.
• Terms of Use - User’s rights and responsibilities. The terms and conditions under which User may use the Websites and the Software.
• Trial Version - A version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period.
• User - A user of the Websites and/or the Software.
• User’s Content - Content created by using the Software or the Websites by User himself/herself.
• The Websites - The websites and their Content available from the domains and the subdomains of Inventic and any related entity or successor from which Inventic may offer the Software or Content.

4. Conditions and Limitations

a. Licensing

General License Conditions

• User may install the Software to User’s computer and make a copy for archival purposes. User may install and use the Software on User’s second computer provided that the Software will not be used at the same time on the second computer as the Software is being used on the first computer.
• Supported operating systems can be found in Documentation. Inventic does not ensure any usability of the Software on non-supported operating systems. Inventic reserves the right to cancel support for any operating system if the operating system will make significant changes incompatible with the Software.

Trial Version

See Defined term “Trial Version”. In addition, Trial Version is non-transferable, non-exclusive, personal, non-sublicensable and time-limited. User is able to evaluate the Software for the basic time period of 14 days (evaluation period can be extended at the discretion of Inventic).

The evaluation period starts when trial license key is delivered to User’s device. One User is allowed to use Trial Version for only one evaluation time period. User acknowledges that Trial Version of the Software will cease to function after 14 days of evaluation period (or extended evaluation period). User will not try to circumvent or otherwise disable the 14 days of use limitation.

After the end of Trial Version evaluation period, User also agrees that the only way for User to continue using the Software is to purchase License. Trial Version requires connection to the Internet in order to be functional.

License

One entity (either person or company) becomes an Owner by purchasing one or more Licenses. Owner does not have to be identical with User, but in case it is not, the only right Owner has towards the License and Software is to delegate License to living person, thus making that person a User. Owner is still responsible for any breach of Terms of Use that may be caused by User appointed by Owner.

License grants User non-transferable, non-exclusive, personal and limited right to use a copy of the Software. License gives User no rights, title or interest to the Software or Content. The only exception is User’s Content created by using the Software.

The right to use the Software starts with the day of License purchase. The amount of Users permitted to use the Software cannot exceed the number of Licenses bought.

License is perpetual and allows User to use the Software in version for which User has or had valid Maintenance.

The first launch of License of the Software on User’s device requires the device to be connected to the Internet (necessary to verify the validity of License), any subsequent launch does not need the Internet connection (however, auto-update feature cannot function without it).

Maintenance

Maintenance is period of time during which User has access to updates of the Software and has preferential right to get support In case of higher amount of requests directed at Inventic.

When purchasing License, User receives 12 months of free Maintenance. After Maintenance expires, User has no longer right to preferential support, updates and viewer license. User can however prolong Maintenance for another period of time.

All updates and bug fixes are applied to the newest version only. To get updates and bug fixes User has to have valid maintenance. In case User downloads newer version of the Software than his/her Maintenance permits, older versions of the Software are available for download from the Websites.

b. Use of the Software

Restrictions on Use

User may NOT:

• Reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Software.
• Modify, adapt, alter, or create derivative works from the Software.
• Copy (other than reasonable amount of back-up copies), distribute, publicly display, transmit, sell (unless User receives prior consent from Inventic), rent, lease or otherwise exploit the Software.
• Distribute, sublicense, rent, lease, loan, allow to use or grant access to the Software to any third party.
• Remove, alter or obscure any proprietary notice that appears on the Software or on any copies made in accordance with these Terms of Use.
• Use the Software in a manner that does not comply with all applicable laws in the country in which User uses it, including restrictions concerning copyright and encryption.

Additional Restrictions

• The Software is not fault tolerant and is not designed, manufactured or intended for use in environments requiring fail-safe performance (such as when the failure of the Software could lead to death, personal injury or any physical or environmental damage).
• The Software may include code to verify that User has not exceeded the number of devices on which the Software may be used. In the event that Inventic determines that User has exceeded number of devices, or used it on both of his devices simultaneously the Software may cease to operate. User may not interfere with such access control measures or attempt to disable or circumvent such security features.

c. Fees and Payment

License is issued after Fees listed in the invoice or in automatic order form at the Websites is paid. Fees exclude all applicable sales, use, and other taxes, fees, duties and similar charges, and User will be responsible for payment of all such taxes, fees, duties, and charges except those assessable against Inventic based on its income.

All License Fees are non-refundable, except as expressly provided in Refund Policy.

User hereby agrees that improper handling of the Software (using on more than two devices, abuses and other cases of violation of these Terms of Use) may incur additional charges.

Inventic reserves the right to change prices at any time.

d. Refund Policy

Customer satisfaction is important to us and therefore we allow returning the product within 14 days. We guarantee 100% satisfaction!

• First, before you begin to read the instructions to return below, please look at the support forum, documentation or write us directly. Maybe it is just something that we can solve together.

• Because of hardware and software compatibility we strongly recommend trying the free trial version before buying. Download trial version on our website: www.skipper18.com

• You can withdraw from the contract and return the software within 14 days from the date of purchase.

• You must uninstall Skipper from all devices:
  • In Windows Vista, 7 and higher: In Control Panel, go to Programs and Features, and then click Uninstall a program.
  • In Windows XP: In Control Panel, go to Add/Remove Programs, and then click Uninstall a program.
  • Linux: Completely delete the application from your harddrive
  • OS X: Delete Skipper application from your harddrive. To do that, open Applications, choose Skipper application and choose “Move to Trash”

• You will be asked to confirm by email that you have uninstalled and have not made any copies of the software. We may also ask you to sign an electronic Letter of Destruction as a condition of your return.

• We will block your license key(s) and you will get your money back (within 14 days after the confirmation of uninstallation).

• In case you purchased Skipper license from one of our authorized resellers, then you must contact that company to process your return. We can only accept returns for product purchased directly from Inventic s.r.o.

This Refund Policy applies only if you meet all the conditions of Terms of Use.

e. Use of the Websites

Permitted Use User agrees that he/she is only permitted to view and access the Websites for User’s own personal use, and that by viewing these Websites User is not breaking any law that applies to User.

Prohibited Use User may NOT:

• Sell Content to any third parties.
• Use these Websites in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites.
• Use the Websites for any purpose that is unlawful.
• Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software to the Websites.
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Websites.
• Disassemble, decompile, reverse engineer or exploit Content in any way.

The only right User has to the Websites and Content is limited right to use the Websites and Content - for more information see section 4.g Copyright.

Content Provided by User Any content provided by User that is public (as in accessible by others outside Inventic; e.g. comments and activity on support forum) becomes the property of Inventic and will be provided free of charge to other Users.

Email communication between User and Inventic is treated as private (and Inventic will not share it with anyone else) when it is marked as such. User’s model created by using the Software is always treated as private and remains intellectual property of User, even when shared with Inventic.

All changes based on suggestions from Users which Inventic ends up implementing, whether in the Software, Websites or Content are sole property of Inventic.

User warrants and represents that by submitting or sending any information to Inventic or its Websites User has the full right and authority to do so and that any use by Inventic of the information will not violate the intellectual property rights of any third party.

Prohibitions on User Information

User agrees not to post onto the Websites any Content that has the slightest doubt of being unlawful, contrary to public policy or damaging to the interests or reputation of Inventic or any third parties. Also, it is prohibited to post any materials of commercial nature, materials meant for advertising or materials that are not relevant to the topic of discussion. Any information posted on the Websites is public. Inventic does not have a duty of reacting to requests for taking down materials posted onto the Websites by User. User also agrees not to post on the Websites any information that is protected by copyright, trade-mark or other proprietary right unless User received express permission of the owner of the copyright, trade-mark or other proprietary right.

Websites Disclaimer

Inventic has not reviewed all of the User’s Content, including computer software, posted to the Websites by Users, and cannot therefore be responsible for content of that material, its use or effects. By operating the Websites, Inventic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

User is responsible for taking precautions as necessary to protect him/her and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.

The Websites may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. Inventic disclaims any responsibility for any harm resulting from the use by Users of the Websites, or from any downloading by those Users of Content there posted.

f. Copyright

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. User agrees that he/she will not use the Software, the Websites and/or another Content to infringe the intellectual property rights of Inventic or others in any way.

User acknowledges that no title to the intellectual property in the Software and/or the Websites is transferred to User. User further acknowledges that title and full ownership rights to the Software, the Websites and/or another Content will remain the exclusive property of Inventic and User will not acquire any rights to the Software, the Websites and/or Content except as expressly set forth in these Terms of Use. User agrees that any copies of the Software will contain the same proprietary notices which appear on and in the Software.

User may not duplicate, copy, or reuse any portion of Content from the Websites or create a derivative work based on the Websites without express written permission from Inventic. User must not remove, overprint or deface any notice of copyright, logo, legend, or other notice of ownership from any originals or copies of the Software or any Content accessed on the Websites or anywhere else.

If User believes that any Content infringes User’s copyrighted works, User may provide a notification of claimed copyright infringement to support email [email protected].

5. Privacy Policy

What is Privacy Policy

• This document explains how Inventic s.r.o. processes information about User which are personally identifiable, when User uses the Software or the Websites.
• By visiting the Websites User agrees with this Privacy Policy as well as Inventic Terms of Use. If User does not agree with Privacy Policy or Terms of Use, User should not continue to browse the Websites or use the Software.

How Inventic Collects the Data

• User may freely browse the Websites without providing Inventic with any personal information about himself/herself. Please note however, that it may prevent Inventic from performing a service User might require.
• When viewing the Websites, Inventic analyst servers can collect IP address, browser type and version, operating system and platform, the URLs User linked from and which User visits next and a cookie number.
• When using 14-day free Trial version, User provides Inventic with User’s email address and his/hers first and last name. In case of using full version of the Software Inventic stores: email, first name, last name and in the case of companies invoice information.
• Also Inventic has access to data that User will provide to Inventic voluntarily (participating in surveys, additional details stated in email conversation, etc.).
• We do not have under any circumstances access to the model User created with help of the Software. Only way for Inventic to access User’s model is when User sends it to Inventic (to resolve bug or some other issue User might have with it) and in that case Inventic does not share it with any third party.
• Inventic uses cookies (small files stored on your hard drive) for web navigation, but there are no personal data stored in them. User can disable cookies for the Websites (if User’s browser enables it), but it may prevent User from viewing certain parts of the Websites.
• During the license activation unique 24 characters SHA1 hash is send to Inventic, that serves only as an identification means of PC on which the license have been activated. This string does not contain any private information or information about User’s PC, other than the PC exist.

Usage

Inventic uses data about User for the following purposes:

• To provide User with the service required (typically delivering of Trial version activation code or License).
• Resolve support tickets and other communication with User (Inventic also keeps these email conversations for future reference).
• To improve the Software, marketing and User’s viewing experience when browsing the Websites.
• To inform User about news related to Inventic and the Software and sending periodical emails. If User does not wish to receive marketing communication from Inventic any further User can unsubscribe by clicking on the link at the bottom of the email or by contacting Inventic at the [email protected].
• Notify the Software about new version update. After confirmation from User the Software is able to auto-update itself to newest version.
• Inventic can use IP address to determine which currency should be displayed on web purchase form.

Third-Parties

• Inventic does not sell, trade, share or otherwise transfer to outside parties User’s personally identifiable information.
• Only exception to the above are trusted companies that help Inventic provide or improve provided services. Inventic uses Clicky and Google Analytics to measure general visiting trends of the Websites. Braintree and PayPal to manage payments (which also means Inventic does not have access to User’s credit card number), and mailing server Mandrill which helps Inventic newsletters and other emails to get to User.
• In the event Inventic is acquired or merged with another company, User’s information may be transferred to the new owners so that Inventic may continue in providing services to User.
• The Websites contain links to third-party websites. However, Inventic is not responsible for the content of third-party websites or privacy practices on those websites.

Disclosure of User’s Information

• Inventic may release User’s information when Inventic believes release is appropriate to comply with the law, enforce Inventic site policies, or protect its rights, property, safety or to protect rights, property or safety of other parties.
• However, aggregated visitor information which cannot be linked back to User may be provided to other parties for marketing, advertising, or other uses.

Protection of User’s Information

• Inventic adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of User’s personal information, transaction information and data stored on the Websites.
• Sensitive and private data exchange between the Websites and User happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
• To host servers Inventic uses ServerGrove where Inventic utilizes maximum possible security to protect data.

Information Inventic Knows about User

• In case User asks Inventic, Inventic will provide User with the information Inventic has about him/her. The information can be updated or deleted at User’s request. Please take note that Inventic will keep information in certain cases even though User might have asked for it to be deleted so that Inventic can settle disputes, implement its general Terms of Use and comply with legal requirements.
• Inventic strives to have up-to-date information about Users. In some cases however, it is not possible. If User wants to update or inquire about his/hers information, please contact Inventic support [email protected]

Changes to Privacy Policy

• Inventic reserves the right to update Privacy Policy from time to time to make the change for legal or administrative reasons, or to correct an inaccuracy without notice to User. The new revision will take effect immediately.
• The date of last modification is stated at the beginning of this Privacy Policy and modifications of this document will not apply retroactively. User is responsible for reviewing and becoming familiar with any modifications to this Privacy Policy periodically.

6. Limitation of Liability

Inventic and its employees, owners, directors, representatives, suppliers and agents, excludes all liability (to the extent permitted by applicable law) for any lost profits or business opportunities, loss of use, loss of revenue, loss of goodwill, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise, arising out of or resulting from the use or the inability to use the Software, the Websites or its parts or Content.

The Software, the Websites and all Content accessed through or via the Software, the Websites or otherwise, is provided “as is”, “as available”, and “with all faults”.

Although Inventic uses reasonable effort to correct any errors or failure in the Software, the Websites and all Content as soon as possible once they have been brought to attention of Inventic, Inventic makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Websites, the Software or any part or parts thereof or any Content. Inventic does not warrant that User’s use of the Software or the Websites will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Software, the Websites or any part or parts thereof, Content, or the servers on which the Software and the Websites operates are or will be free of viruses or other harmful components. Inventic does not warrant that any transmission of Content uploaded to the Software or the Websites will be secure or that any elements of the Software or the Websites designed to prevent unauthorized access, sharing or download of Content will be effective in any and all cases, and does not warrant that User’s use of the Software or the Websites is lawful in any particular jurisdiction.

7. Waiver

The failure of Inventic to exercise or enforce any right or provision of Terms of Use shall not constitute a present or future waiver of such provision nor limit rights of Inventic to enforce such provision at a later time. All waivers by Inventic must be in writing to be effective and the other provisions of Terms of Use remain in full force and effect.

8. Indemnification

User agrees to indemnify, defend and hold Inventic, its employees, owners, directors, representatives, suppliers and agents harmless from and against any and all losses, damages and all reasonable expense and costs, including legal fees, arising out of or relating to:

• User’s use of the Software, the Websites or their Content.
• Any Content User creates, transmits, or displays while using the Software, the Websites or their Content.
• Any breach by User of any representations, warranties, or agreements contained in these Terms of Use.
• Any unlicensed use of the Software.
• User’s negligence or wilful misconduct. Inventic is entitled in the above cases to full compensation for the incurred damage caused by User.

9. Termination

These Terms of Use are effective until terminated with the following exceptions. User’s License(s) and other rights under these Terms of Use will terminate automatically if User fails to comply with any term(s) of Terms of Use.

No refund. Inventic will not refund any amounts to User if these Terms of Use and User’s rights to use the Software are terminated due to User’s failure to comply with any term(s) of these Terms of Use or for any other reasons. The only exception to no refunds is the application of 100% guarantee specified in the Refund Policy link.

Upon the termination of these Terms of Use, User must end all usage of the Software and destroy all copies, full or partial, of the Software. Also, User must desist from accessing any of Websites and/or Content.

All provisions of these Terms of Use that by their nature should survive Termination shall survive Termination, including, without limitation, Indemnification, Waiver, Governing Law and Limitations of Liability.

10. Changes to these Terms of Use

Inventic reserves the right to update Terms of Use from time to time to make the change for legal or administrative reasons, or to correct an inaccuracy without notice to User. The new revision will take effect immediately.

The date of last modification is stated at the beginning of these Terms of Use and modifications of this document will not apply retroactively. User is responsible for reviewing and becoming familiar with any modifications to these Terms of Use periodically.

11. Governing Law

These Terms of Use and Privacy Policy are governed by the laws of the Czech Republic. In the event of any conflict between laws of the Czech Republic and laws of other country the Czech Republic laws will prevail. User and Inventic agree to resolve any disputes relating to these Terms of Use or Privacy Policy through final and binding arbitration. Arbitrator and the place of arbitration will be chosen by Inventic.

12. Final Note

These Terms of Use contain the entire agreement and understanding between Inventic and User with regard to the use of the Software and the Websites, and supersedes all prior and contemporaneous oral or written Terms of Use.

If anything on this document could infringe any rights, please contact Inventic by sending an e-mail to [email protected].

If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.