1. JPLAY – a computer program with the commercial name of JPLAY in accordance with the Copyrights and Related Rights Act dated 04 February 1994. JPLAY is a program for playing audio files which comprises: JPLAY Audio Service playback engine , virtual ASIO JPLAY Driver and minimalist player JPLAYmini.
2. The licence applies to the use of JPLAY in accordance with its purpose, the whole program, all its updates, patches, network components, internet website, all alpha and beta versions, test versions, free (trial) version, not final, and the accompanying documentation, also icons and logotypes.
3. LICENSOR – a creator that is entitled to copyrights to the JPLAY program.
4. USER – an individual that legally acquired the JPLAY program, i.e. in accordance with applicable law of the country in which JPLAY was launched on the market.
5. LICENCE – this whole licence agreement, including the translation.
Â§ 2 Subject of the Agreement
6. This Licence Agreement is a legal agreement in accordance with the Civil Code Act dated 24 April 1968, between the Licensor and the Licence (pursuant to Â§ 1 point 3 User) concluded for an indefinite period of time.
7. Legal capacity and the capacity for performing legal actions herein shall be the same as the statutory definition: the Civil Code Act dated 24 April 1968.
8. The JPLAY program is distributed for a fee, using it is only possible under the condition of observing the provisions of Licence.
9. The source code of JPLAY is not publicly available.
10. The User does not acquire the right to modify the source code.
11. Should the User contribute to making the source code of JPLAY publicly available, the Licensor shall have the right to seek compensation for the incurred losses.
12. Â§ 2 point 7, Â§ 3 point 11, Â§ 4 points 2 and 3 do not apply to the free version of JPLAY.
Â§ 3 Installation
1. By installing or consenting to the installation of JPLAY, the User becomes a Party hereto. This Agreement shall be governed by the Polish law.
2. The installation and use of JPLAY are equivalent with the fact that the user has read the terms and conditions hereof and fully accepts them.
3. The JPLAY program, in accordance with this Licence, shall also be an installation file downloaded from the official source in the form of an internet website http://jplay.eu, in a digital version, i.e. version specified by the Licensor as the proper one.
4. The User can install JPLAY only on the computer fulfilling the following minimum criteria: Windows Vista operating system , 7 or 8 or Windows 2012 Server, at least 2 GB of RAM, network adapter (WI-FI or Ethernet).
5. In exchange for using JPLAY, the User shall pay the Licensor the remuneration in the amount given at http://jplay.eu with the available payment methods.
6. JPLAY is distributed via electronic mail.
7. The free version of JPLAY is distributed via the internet website http://jplay.eu.
Â§ 4 User
1. All property and intellectual property rights to all graphics, pictures, interface, logotypes and icons, solutions typical for JPLAY constitute the property of JPLAY.
2. JPLAY can be used after paying the full amount which is to be paid in with the use
of payment methods given on the official internet website http://jplay.eu.
3. Payment is made once only.
Â§ 5 Licensor
1. In case of finding an error in the operation of JPLAY, the Licensor shall introduce the necessary improvements to eliminate the irregularities.
2. The time for the removal of an error, in accordance with Â§ 3 point 1, depends on its type and degree of difficulty necessary to introduce changes in the source code.
3. The Licensor does not guarantee that JPLAY will fully fulfil the User’s requirements or that JPLAY has no errors, nor that JPLAY will operate without any problems.
4. The Licensor has the sole right to distribute the JPLAY program, including launching it on the market, i.e. each form of making the program publicly available.
Â§ 6 Using the Program
1. JPLAY is intended for non-commercial use.
2. It is prohibited to sublicense, lend, hire or distribute JPLAY or the rights to use it in any other way, with the exception of the next point.
3. The User shall not be entitled to make any modifications or translations of the JPLAY program, nor the documentation connected with it without prior consent of the Licensor.
4. The User shall not be entitled to permanently multiply the JPLAY program in full or in any part, nor the documentation connected with it.
5. The User cannot make available, distribute or present JPLAY publicly without prior consent of the Licensor. Except for cases provided for by this Licence.
6. The User shall have the right to start and use JPLAY on all computers belonging to them in one household.
7. The User shall have no rights to JPLAY and the documentation connected with it, outside the rights resulting from the Licence.
8. The aim of updates is only to improve, modernize and develop the JPLAY player, and it can be done in the form of programs improving defects, better or additional functions, or completely new versions of the JPLAY program. Through this Licence, the User expresses the consent to receive updates mentioned in the preceding sentence in the framework of using JPLAY at any time.
Â§ 7 Liability
1. JPLAY constitutes the sole property of the Licensor in accordance with Â§ 1, and due to that it is subject to protection as intellectual property in accordance with the Copyrights and Related Rights Act dated 04 February 1994 (Dz. U. of 2006, no. 90, item 631, as amended), regardless of any changes introduced by or for the User.
2. The Licensor shall have no responsibility for any body injury or health deterioration, damage on account of the loss of data, including personal data, or other property damage suffered by the User or by third parties in connection with using JPLAY pursuant to the rules specified in this Licence or connected with its violation. Particularly, the violations resulting from use, improper use, losses created as a result of the loss or distortion of data, or the losses which are the consequence of using or the inability to use software.
Â§ 8 Applicable law
1. This Licence and its interpretation shall be governed by the Polish law.
2. The Parties specify that the Licence shall be governed by the Polish law, as the country of origin of the JPLAY program is the Republic of Poland.
3. The sole place of resolution of disputes arising out of or in connection with this Licence shall be the District Court in Wroclaw.
4. The User consents to being submitted to jurisdictions of courts in Poland for the purposes of a court trial specified in point 3.
Â§ 9 Other provisions
1. Recognition of any provision of this Licence by a court or other tribunal of suitable jurisdiction as unenforceable or invalid shall not affect the validity of the remaining provisions hereof.
2. The Parties shall jointly agree on the wording of a new point in the case of annulling the invalid provision specified in point 1, so that the objectives specified herein could be fulfilled in some other possible way in accordance with the Polish law.
3. This Licence constitutes and contains the total agreement between the Parties in relation to the discussed subject and supersedes all prior oral and written agreements.
4. Any changes and amendments hereto shall only be made in writing, otherwise being null and void.
I hereby represent that I have read this Licence and understood its provisions. By clicking “I accept” and installing JPLAY, I consent to the terms and conditions and to the conclusion of this Licence.