1.1 Operator – eTOP Sp. z o.o.

1.2 Subscriber – A natural person, legal entity, budgetary unit, or other entity with the legal capacity to enter into legal transactions, being a party to the Service Agreement with the Operator.

1.3 Agreement – The Agreement for the provision of telecommunications services concluded between the Subscriber and the Operator or any other agreement referencing these Regulations, together with the documents and annexes referenced therein.

1.4 Software – Any software or right to use software described in the Agreement.

1.5 Software Manufacturer – A natural or legal person holding copyright to the Software.

1.6 Primary Operating System – Software directly installed on a physical device, whose installation is independent of the existence of other software on the device while maintaining full functionality.

1.7 Virtualized Operating System – System software installed using the Primary Operating System with the capability to create virtual environments.

1.8 Access Licenses – A quantitatively limited right to use software, where the specified quantity may refer to parameters such as the number of software users, physical and virtual resource parameters, the number of simultaneous connections, usage time of the Software, or other parameters specified by the Software Manufacturer.

1.9 Operator Agreement – A civil-law agreement concluded between the Operator and the Software Manufacturer or its representative, authorizing the Operator to lease or license the Software to third parties.

 

 

2.1 These Regulations constitute a Special Regulation within the meaning of the Telecommunications Services Regulations.

2.2 These Regulations apply to Agreements for the provision of telecommunications services that include, as at least one of the services provided, the leasing or sharing of software.

2.3 These Regulations cease to be binding once the Subscriber fulfills all obligations arising from the Agreement, referenced regulations, and these Regulations.

2.4 In the event of termination or expiration of the Agreement referencing these Regulations (SLR), the obligations outlined therein remain binding on the Parties until they are fully and correctly executed.

2.5 In the event of termination or expiration of the Operator Agreement, the Operator has the right to cease providing software licenses or leases under the conditions specified in the Agreement with the Subscriber, while simultaneously reducing the subscription fees by the amounts due under this title.

 

3.1 The Operator grants Access Licenses or leases Software in accordance with the Operator Agreement with the respective Software Manufacturer.

3.2 The Operator grants Access Licenses or leases the Software for the period specified in the Agreement.

3.3 Upon the Subscriber’s request, the Operator provides the Software for use in an installed form, along with the necessary activation keys and other electronic security measures required for its operation.

4.1 The Subscriber has the right to use the Software in compliance with applicable laws and the license terms within the limits specified in the Agreement and the Software's capabilities.

4.2 The Subscriber may reinstall (delete and reinstall) the Software on the same device at any time during the term of the Agreement.

4.3 The Subscriber has the right to full privacy regarding data stored using the Software.

4.4 The Subscriber must not exceed the limits specified in the Agreement, especially regarding Access Licenses.

4.5 Upon the Operator’s request, the Subscriber must allow an audit of the installed Software by granting access to the device on which the Software is used, enabling verification of compliance with the Agreement. To conduct the audit, the Subscriber must provide access credentials to an authorized Operator employee or perform control actions (such as running a verification script and providing the results to the Operator). Such access must be granted within seven (7) business days of the request.

4.6 If the Subscriber exceeds the quantitative parameters specified in the Agreement or Access Licenses, they must cover contractual penalties arising from the Operator Agreement, proportional compensation for the excess, and satisfy justified claims from the Software Manufacturer.

4.7 Upon termination of the Agreement, the Subscriber must delete the Software from the device on which it was installed or allow the Operator to perform this action.

4.8 During the use of the Software, the Subscriber has the right to technical support for the Software provided by the Operator under the Agreement or direct technical support provided by the Software Manufacturer if such support is offered. If the Software Manufacturer provides technical support for a fee not covered by the Agreement or Access License, the cost is borne by the Subscriber.

4.9 The Subscriber must not interfere with the Software code, as this constitutes a violation of the Software Manufacturer’s copyrights.

4.10 The Subscriber must comply with the Software Manufacturer’s license terms according to the provisions and guidelines contained in the Software itself.

4.11 The right to create additional copies of the Software beyond the hardware resources specified in the Agreement is excluded.

4.12 If the Software lease service is terminated or the number of Access Licenses is changed via an amendment to the Agreement, the Subscriber must delete the affected Software and provide administrative access credentials to the Operator for auditing purposes.

4.13 If an audit reveals the use or installation of software without the required license, it is presumed that the Software was installed or used from the moment the services covered by the Agreement were initiated unless the Subscriber provides objective and evident proof confirming a later installation of the unlicensed software.

4.14 If the Subscriber exceeds the number of Access Licenses, they must pay a contractual penalty equal to twice the fees for leasing the Software or Access Licenses for the period from the date specified in section 4.13 until the audit is conducted. Paying the contractual penalty does not exempt the Subscriber from criminal liability or claims for damages under general principles.

4.15 The Subscriber is exempt from liability for using or installing unlicensed software or Access Licenses if they provide documentation within three (3) business days confirming the right to legally use the software under another legal title, and if the Software Manufacturer recognizes the documentation as meeting the license conditions for the given Software.

4.16 The Subscriber may not reinstall Software covered by the Agreement using their own media containing installation files. Software covered by the Agreement must be installed from original installation media by an Operator employee.

4.17 The Subscriber acknowledges that leased Software should not be used for "High-Risk" applications, meaning applications that may have a direct impact on human life safety, such as medical life-support monitoring systems, air navigation systems, high-voltage electrical control systems, etc.

5.1 The Operator provides the Software for use within the deadlines specified in the Agreement.

5.2 The Operator is obligated to provide technical support for the Software if specified in the Agreement.

5.3 The Operator has the right to report Software usage to the Software Manufacturer if required under the Operator Agreement.

5.4 The Operator has the right to audit the Software under the conditions described in section 4.5.

5.5 The Operator is obligated to provide appropriate Software updates or enable access to them, if the Software Manufacturer makes them available.

5.6 The Operator allows the installation of equivalent or newer versions of the Software if permitted by the Software Manufacturer.

5.7 The Operator has the right to install an updated or improved version of the Software when providing it for use to the Subscriber.

5.8 The Operator has the right to immediately suspend the service in case of gross non-compliance with the Agreement or these Regulations, especially if access for the audit described in these Regulations is not provided.

 

6.1 The Operator is not responsible for the improper selection of Software for the Subscriber's needs or its incompatibility with other software components.

6.2 The Operator is not liable for malfunctions or errors in the provided Software.

6.3 The Operator is not responsible for any lost profits arising from the use of the Software.