Any such amendment shall be communicated to the Client in the form of a link to the Bank’s intranet site that contains the new wording of the License Terms in the App prior to downloading any Update at the same time, the new wording shall be posted on the Bank’s intranet site. ĥ.1 The Bank may, to a reasonable extent, unilaterally amend the License Terms. However, the Bank shall remain fully liable for any damage caused by the Bank intentionally or through gross negligence or for any damage, for which the Bank is liable in compliance with the applicable law governing the License Agreement, whereas the Bank’s obligation to compensate cannot be excluded on the basis of an agreement by and between the Bank and the Client.Ĥ.2 In case of a Client – Consumer, the applicable provisions of the existing legislation shall apply to the exercise of any rights relating to defective performance. Unless the Client is a Client – Consumer, the Client and the Bank have agreed with regard to the conditions for granting the License that the Bank would not be liable for any damage incurred by the Client as a result of the breach of Bank’s obligations, including any damage incurred as a result of an App defect. Damages and rights relating to defective performanceĤ.1 Since the License is granted on a royalty-free basis, the provisions of the Civil Code governing defective performance and Client’s rights relating to defective performance shall be excluded. The Client agrees that if he or she does not download Updates, the Bank may disable previous versions of the App at any time and at its own discretion.Ģ.14 In using the App, the Client shall act in a way that ensures that neither the Client nor the Bank incurs any damage as a result of the use of the App.ģ.1 The Bank does not grant a License to Third-Party Products.ģ.2 The Client must comply with any terms of use applicable to such Third-Party Products.Ĥ. availability of certain features of the App). software) that is derived from the App or any part thereof.Ģ.13 If the Client does not download an Update, he or she may use the most recent previous version of the App furthermore, the Client acknowledges that the Bank shall not be responsible for the proper operation of the App (e.g. mobile operator’s networks, Wi-Fi networks or fixed internet access services).Ģ.7 The Client may use the App solely for his or her own personal use.Ģ.8 The Client may not sublicense the use of the App to any third party.Ģ.9 The Client may not assign the License to any third party.Ģ.10 The Client may not lease or loan the App.Ģ.11 The Client may not decompile, modify, process, translate or otherwise alter the App, any parts thereof or databases included therein, not even to remedy any defects or ensure the App’s interoperability.Ģ.12 The Client may not develop any product (e.g. Furthermore, in order to ensure proper use of the App, it is necessary to have access to electronic communication networks (e.g. If an Update is downloaded, the License Agreement shall supersede any prior arrangements, agreements, and contracts, whether written or oral, governing the use of the App that may have been concluded by and between the Bank and the Client before the Update was downloaded.ġ.2 If the Client does not agree with the License Terms, he or she may not use the App or download an Update.ġ.3 The Client shall not incur any costs in connection with using means of distance communication on the basis of the License Agreement vis-à-vis the Bank.ġ.4 Information relating to the conclusion of the License Agreement is not stored in the Bank and, consequently, it cannot be accessed.Ģ.1 Upon conclusion of the License Agreement, the Bank grants a License to the Client on a royalty-free basis.Ģ.2 The Bank grants the License to the Client for the term of the License Agreement.Ģ.3 The Bank grants the License to the Client to allow his or her use of the App that is designed, in particular, to use various products and services of the Bank, Members of the Bank’s Financial Group, and third parties.Ģ.4 The Bank may shut down, modify and/or disable the App or any part thereof for any reason whatsoever.Ģ.5 The Bank may release Updates even without the Client’s consent.Ģ.6 In order for the App to be fully functional, it is necessary to comply with the relevant technical criterial specified on the Bank’s intranet site and use the most recent version of the App. 1.1 The License Agreement shall be concluded (I) when the App is downloaded or (II) when an Update is downloaded, provided the Client had downloaded the App prior to the effective date of the License Terms.
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