Please read this document before launching the NexPTG software, as it constitutes a legally binding Agreement for the granting of a license to use the NexPTG software. Only after accepting this agreement, the software can be launched and the program can be legally used. If you do not accept any of the provisions of this Agreement, you must close the application and refrain from distributing or any other use of the NexPTG Application in whole or in any part (failure to do so shall be deemed to constitute full acceptance of all terms of this Agreement).
This license agreement is a binding agreement concluded between NEXDIAG Sp. z o. o., Synów Pułku 1, 35-507 Rzeszów, KRS: 0000656378 hereinafter referred to as the “Licensor“, and a natural person, legal person or organizational unit that is not a legal person, the law of which grants legal capacity, which has obtained the possibility to install the Software, hereinafter referred to as ” Licensee“.
This license defines the terms of the Licensee’s use of the NexPTG mobile software (hereinafter referred to as “Software” or “NexPTG Application”).
I. Definitions of terms
1. Licensor NEXDIAG Sp. z oo, Synów Pułku 1, 35-507 Rzeszów, KRS: 0000656378, which is the creator of the Software within the meaning of the Polish Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2000, No. 80, item 904, as amended).
2. Licensee – a natural person, legal person or an organizational unit that is not a legal person, which the law grants legal capacity, which has been able to install the Software.
3. Agreement – Software license agreement.
4. License – the right to use the Software by the Licensee on the terms specified in this Agreement.
5. Subject of the license (Software)– NexPTG application for reading information on the vehicle’s paint coating using a device / sensor named NexPTG. The software installation version is available from the website https://nexdiag.com or the Play Store (Android) and AppStore (iOS). The terms of payment as well as the terms of the license agreement are specified in this agreement.
Further resale of the program is possible only with the written consent of the Licensor. The application works correctly and fully only with the original NexPTG device.
6. NexPTG device – an electronic device used for testing the body and paint surface of a vehicle, communicating with an external device with the NexPTG software.
7. Serial number of the NexPTG device – a unique serial number of the device enabling the correct use of the software and new updates.
II. Conclusion of the Agreement
1. This license agreement is concluded upon the first installation by the Licensee, starting the Software or starting by the Licensee to use the Software in any other way.
2. By installing, running or otherwise using the Software, the Licensee declares that it will comply with the provisions of this Agreement and is bound by the content of this Agreement.
3. If the Licensee does not agree to the terms of this agreement, the Licensee is obliged to remove the Software.
4. The contract is concluded for an indefinite period. The agreement does not require signatures of the binding parties.
1. The Licensor hereby declares that he is the only independent creator of the Software and is entitled to proprietary copyrights to the Software.
2. All rights to the Software and to any copies of this Software, including, but not limited to, title and patent rights, copyrights, trademarks, trade secrets and other intellectual property rights, remain the exclusive property of the Licensor. You may not remove, hide, or alter notices of copyright, trademarks, or other proprietary titles from the Software. In the event of a breach of the above point, the Licensee shall pay a contractual penalty of PLN 20,000.
3. The software does not infringe the intellectual property rights of third parties.
4. The software is protected by the provisions of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, as amended) and the provisions of international agreements on the protection of intellectual property rights binding on Poland.
IV. Grant and scope of the license
1. The Licensor hereby grants to the Licensee, provided that he continues to comply with the provisions of this Agreement, a non-exclusive, non-transferable, non-sublicensable and non-assignable right to use the Software in the manner provided for in the Agreement.
2. The use of the Software for purposes other than those specified in this license is prohibited.
3. The Licensor reserves all rights not expressly granted to the Licensee. The Licensee does not acquire ownership of the Software, nor is it entitled to allow third parties to use the Software.
4. The licensee may not, either by himself or by any third party:
a) use the Software in whole or in any part to a greater extent than expressly permitted under this license,
b) recreate, decompile, reverse engineer or disassemble the Software,
c) modify the Software, introduce any adaptations, changes to the Software layout or make any other changes to the Software,
d) correct any errors in the Software or entrust the correction of any errors in the Software to any third parties,
e) attempt to remove, break or bypass technical security measures against unauthorized sharing, running, reproduction or dissemination of the Software,
f) resell, reproduce or distribute the Software in any way and for any purpose. In particular, it cannot make copies of this software and make it available on the network,
g) distribute, make available, rent, lease, rent the Software.
5. The Licensee is entitled to:
a) installation of the Software on all types of devices in any number,
b) one archival and backup copy of the Software,
c) use the Software in accordance with its intended purpose.
V. Limitation of the Licensor’s liability
1. The Licensor makes no warranties, assurances or promises beyond those expressly set forth in this Agreement, and the Licensee assumes the risk resulting from the consequences of using or inability to use the Software.
2. To the extent permitted by applicable law, the Licensor shall not be liable for direct, indirect or incidental losses or damages, including, but not limited to, loss of income, unrealized cost reduction, loss of data or increased costs of the Licensee or any other financial loss resulting from obtaining license, use, failure or interruption of the operation of the Software, device or incorrect information and instructions on the thickness of the varnish coat provided by the program. The above limitation of liability also applies if the Licensor has been informed about the possibility of the mentioned losses. The licensor is liable only for loss or damage caused by his gross negligence or intentional act to the detriment. The limitation of liability applies to all claims for compensation for loss or damage, irrespective of their legal basis, including, but not limited to, tort, contractual, preliminary contracts and quasi-contractual legal relationships.
3. The Licensor declares that the program readings as well as the available technical documentation are for information purposes only and cannot be treated as a method of repairing and replacing parts.
4. The Licensor declares that the application, after its launch, saves the history of communication with the device and application data on the device.
5. The Licensor declares that in connection with the launch of the application by the Licensee and after approval of the “Send log” function, the program will load the data to the e-mail client, by means of which it will automatically send to the Licensor the saved history of communication with the device, readings from the application, application version, version devices, user’s e-mail address, additional information that was provided by the user (e.g. in the report), including name, surname, address (if provided). The application may send additional data in connection with the connection to the Google Analytics program.
6. The Licensor declares that, due to the application being launched by the Licensee, the program will automatically send the Licensee (without launching any additional program options) information about application errors or connection errors with the device.
7. The Licensee declares that he agrees to the processing of the information specified in sections 4, 5, 6 and its collection in order to improve the functioning of the application.
VI. Final Provisions
1. The Licensee may not transfer all or part of the rights or obligations under this license agreement, in particular the right to use the Software, to any third party without the prior consent of the Licensor expressed in writing under pain of nullity.
2. In matters not covered by this license agreement, the provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws 1964 No. 16 item 93, as amended) and the Act of February 4, 1994 on Copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended).
3. Any disputes related to or resulting from this license agreement shall be settled by common courts having jurisdiction over the registered office of the Licensor’s company.
Full specification of the NexPTG device and application, as well as hardware requirements are available at: https://nexdiag.com