AGREEMENT BETWEEN THE AUTHOR AND END USER
OF MOBILE APPLICATION

 

This agreement contains provisions on the use of mobile applications Moja Tvrtka (hereinafter Application) owned by company Vomi consulting Ltd. Osijek, which are on the market as the free version with limited use.

 

This is an agreement on end user rights and does not constitute as a contract of sale.

 

IMPORTANT: READ CAREFULLY BEFORE USING OF MOBILE BUSINESS APPLICATION!

 

THIS AGREEMENT IS VALID LEGAL DOCUMENT BETWEEN YOU AND VOMI CONSULTING Ltd.

 

IT CONTAINS TERMS ON HOW TO USE APPLICATION, WARRANTIES AND DISCLAIMERS OF RESPONSIBILITY.
BY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS AGREEMENT, YOU CONFIRM THAT YOU UNDERSTAND IT AND ACCEPT THE OBLIGATIONS AND CONDITIONS DEFINED IN THE AGREEMENT. IF YOU DO NOT AGREE WITH THE AFOREMENTIONED, PLEASE REMOVE THE APPLICATION FROM YOUR MOBILE DEVICE OR TABLET.

 

By clicking on “Accept” button, before using the application, it is considered that you agree with all the terms and conditions of this agreement. If you do not agree with aforementioned, click on the exit button of the application, in the upper left corner.

 

Link to a contract that is on www.mojatvrtka.hr

 

I. GENERAL TERMS

The application includes a free (trial) version with limited functionalities.

The application belongs to the author, company Vomi consulting Ltd.

The end user is the individual or entity that has purchased a license application made by Vomi consulting Ltd.

II. END USER RIGHTS

As an end user, by downloading application you gain non transferable
and non-exclusive right to install the application on a local hard disk and the Windows 10 operating systems, Android and iOS, as well as the right to its use in accordance with its terms.

By accepting the terms of this agreement, you agree that Vomi consulting Ltd. can inspect your usage of this program at any time.

III. END USER RIGHTS LIMITATIONS

The production and distribution of copies of the application is not allowed.
Changing, connecting, modifying, adjusting, and translating the application is not allowed, neither is decompiling, inverting, disassembling or performing examining or any other type of activities in the application.
Sale, rental, lending or sublicensing of application in not allowed.
It is not allowed to modify applications or even to perform or create derivative works based on this application.
By accepting the terms of this agreement, you accept to use the application in a manner that is in accordance with all applicable laws, to international laws as well as those of the Republic of Croatia, including restrictions on copyright and other intellectual property rights.

In the case of non-compliance with these conditions, Vomi consulting Ltd. is authorized to nullify the license and you are in this case required to destroy all copies of the program, with which all rights to use certain license are extinguished.

IV. UPGRADES AND BILLING

Upgrading of application is free due to the addition of new functionality and error correction.

Billing fees for server space use (number of documents and companies) are listed in the official price list on the website www.mojatvrtka.hr. The mentioned will be charged regardless of the earlier prepaid payment and shall run from the date of transition to paid version.

V. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHT

Application and all rights, without limitation, are the exclusive property of the company Vomi consulting Ltd. Osijek, and its providers, and are protected by the copyright laws of the Republic of Croatia, as well as the regulations of international agreements. For this reason, to the following applications you have to act same as to any other product protected by copyright law and intellectual property rights.
Vomi consulting Ltd. and its providers retain all rights, titles and interests, including all copyrights and intellectual property rights concerning the application, their versions and copies. All rights, which not particularly specified in this agreement, are reserved by Vomi consulting Ltd. and its providers.
Vomi consulting Ltd. Trademarks, contained in this program, are protected by Croatian legislation and international agreements, not only in the Republic of Croatia but also internationally. You are not allowed to move or alter any trademark, name, product name, logo, to use the protected rights, legends, symbols or characters of this application.
This Agreement does not authorize you to use the name Vomi consulting Ltd. neither its associated entities nor their characters protected by copyright and intellectual property rights.
The structure, organization and code of the application are the valuable trade secrets and confidential information of Vomi consulting Ltd. and / or its licensors, and associated entities, and aforementioned applies to them all.

VI. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

By accepting the terms of this agreement, it is considered that you accept aforementioned to use “as it is” without any warranty, explicit or implied, in particular the compliance of aforementioned for the normative regulations of the Republic of Croatia or any other country.
Vomi consulting Ltd. is not responsible for the results, that is, software solutions, which represent the ultimate calculation and all documents wholly dependent on data input by the end user. Accurate data entry depends exclusively with the end user.

Vomi consulting Ltd. associated entities, nor anyone else, can offer any warranty or promise adequacy for a particular purpose, nor the fact that the application will not violate patents, copyrights, trademarks or other rights. The application is not designed, intended or licensed for use in hazardous environments that require security controls including, without limitation, facilities for the design, construction, maintenance and operations at nuclear facilities, air navigation or communication systems, air traffic control systems and emergency and other medical systems, nor weapons.

If the law, applicable to the particular warranty dispute, provides specific provisions for warranty, considering the Program, all such warranties are limited to a period of (30) thirty days from delivery date.

Any oral or written information or advice given by Vomi consulting Ltd. and its providers, distributors, agents or employees do not have the effects in terms of warranty nor aforementioned change the application of these terms.

There is no guarantee that the functions contained in the application will meet your requirements or that the operation of application will be flawless and without IT errors. Vomi consulting Ltd. disclaims any kind of proceeding guarantees including, without limitation, any arising warranty of marketability or suitability for a particular purpose.

By accepting the terms of this agreement, you accept also all responsibility and risk by choosing the application that will bring you the desired results, as well as for the installation, and results obtained from the usage of application, its performance and documentation.

Neither Vomi consulting Ltd. nor would anyone else who was in relation to the creation, production or delivery of application be in any case liable to you or any third party for any kind of direct or indirect, random or criminal liability, arising out of usage or inability to use the Application or its documentation, even if Vomi consulting Ltd. has been warned or knew of the possibility of such damages. The above mentioned exclusion of liability includes, without limitation, recompense for loss of business profits, business breakdown, loss of business information, property damage, personal injury, other pecuniary loss or for any special, direct or indirect, incidental, economic, subsequent, criminal, special or subsidiary damage, which were created or arising under contract, negligence or other theory of liability. Given that some international agreements do not allow the lack or limitation of liability, but may allow responsibility which is limited, in these cases Vomi consulting Ltd. and its employees or associated entities will be limited to 30 € (euro).

Vomi consulting Ltd. has the right to collect information about users and their data, but is obliged not to sell information to third parties and is not responsible if users share their classified information to other users.

The above mentioned limitations of liability shall apply to guarantees and limitations in the previous article, in an appropriate manner, to the all aspects of this agreement.

Vomi consulting Ltd. can change the terms of usage whenever he wants but will always publish the latest version on its web site.

VII. TECHNICAL SUPPORT

Vomi consulting Ltd. has no obligation to provide you with technical support unless otherwise specifically agreed in written form, with a special fee.

VIII .THE RELEVANT LEGAL PROVISIONS

This agreement was concluded under the applicable legislation of the Republic of Croatia, and the therefore has to apply a positive Croatian legislation at the time of conducting the agreement. All disputes arising out of, or in connection with this agreement, have to take place on Croatian territory, before the competent court in Osijek. If any provision of this agreement proved to be invalid or unenforceable, it will not affect the agreement as a whole and aforementioned, in the remaining part, will stay legitimate and valid under all of its conditions.

This agreement may be modified only in writing, exclusively signed by the director of Vomi consulting Ltd. Moreover, the company Vomi consulting Ltd. reserves the right to change the terms of this agreement.

IX. TRANSITIONAL AND FINAL PROVISIONS

Program producer Vomi consulting Ltd. Osijek, Ulica Hrvatske Republike 17b, VAT number: 54258390599

The provisions of this agreement will be put into effect on the day of downloading or installing Applications Moja Tvrtka.

By accepting the terms of this agreement, you agree that your right as the end user can automatically and immediately be terminated by Vomi consulting Ltd. without notice if it is determined that you do not follow the provisions of this agreement.

No matter what country you come from, or in which country the application is installed, all warranty and liability limitations and other provisions of this agreement apply to you.

This application may include third party applications, which would require specific additional requirements. Utilization of third party application will be subject to the provisions of their terms and then this agreement.

The provisions of this agreement fully replace any kind of previous provisions, discussions, undertakings, end user agreements, temporary or permanent, communications or advertising related to the application, either oral or in written form.

Neither is distributor or associate entity Vomi consulting Ltd. authorized to do any kind of modifications or additions to this agreement.

Any questions or concerns regarding this agreement, should be addressed to our customer service, in written form, to the e-mail listed on the website www.mojatvrtka.hr