DIGITAL WALLET END-USER LICENCE AGREEMENT

This licence agreement (Licence) is a legal agreement between you and Vipera, (Licensor, us or we) for:

the computer software known as the “Digital wallet”, and includes any version of that software made available to you for download, proprietary software of the Licensor, any related APIs, any third party products (including compiled libraries compiled from Vipera’s Motif™/Digital Wallet product), data and other information supplied with the software and any associated media (Digital Wallet); and
printed materials and online or other electronic documents referring to the Digital Wallet (Documents).

On the basis of this Licence you may use the Digital Wallet and Documents. The Digital Wallet or Documents have not been sold to you. We or our licensors shall remain the owners of the Digital Wallet and Documents at all times.
IMPORTANT NOTICE TO ALL USERS:

BY DOWNLOADING THE DIGITAL WALLET OR ANY PART THEREOF YOU AGREE TO THE TERMS OF THIS LICENCE WHICH ARE BINDING FOR YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS OF LIABILITY UNDER SECTION 5.

Grant and scope of licence

Since you have agreed to abide by the terms of this Licence, we hereby grant to you a world-wide, fully paid, non-exclusive, non-transferable licence to use the Digital Wallet and the Documents under the terms of this Licence.

You may:

download, install and use the Digital Wallet solely for the use specified by NLB Banka sh.a.:

provided you comply with the provisions under condition 2 below, make copies of the Digital Wallet for back-up purposes only;

Restrictions

Unless expressly set out in this Licence or permitted by the local legislation, you undertake:

not to copy the Digital Wallet or Documents except where such copying is incidental to normal use of the Digital Wallet, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt or modify the Digital Wallet or Documents;
not to make modifications of the whole or any part of the Digital Wallet, nor permit the Digital Wallet or any part of it to be combined with any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Digital Wallet nor attempt to do any such thing;
not to attempt to gain access to any other software programs through the Digital Wallet;
to comply with all applicable technology control or export laws and regulations.

Intellectual property rights

You acknowledge that all copyright and other intellectual property rights in the Digital Wallet and the Documents anywhere in the world belong to us or our licensors, that the rights in the Digital Wallet are licensed (not sold) to you, and that you have no rights in, or to, the Digital Wallet or the Documents other than the right to use them in accordance with the terms of this Licence.

This License does not authorise the use of trade names, trademarks or service marks or the name of the Licensor except as required in describing the origin of the Digital Wallet and the Documents and only then on reproducing the notice set out in this Licence Agreement.

Exclusion of warranties

The Licensor is providing the Digital Wallet ‘as is’ and without any conditions, warranties, representations or other terms, express or implied, to the fullest extent permitted by the law including, but not limited to title, non-infringement, merchantability, use for a specific purpose, defects or errors. Any condition, warranty, representation or other term concerning the supply of the Digital Wallet and Documents which might otherwise be implied or incorporated in this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

This exclusion constitutes an integral part of the License and is a prerequisite for granting the rights for the Digital Wallet.

Limitation of liability

You agree not to use the Digital Wallet or Documents for any re-sale purposes.

Subject to condition 5.3 below, the Licensor excludes all liability whatsoever in respect of all claims, whether in contract or tort or otherwise, arising out of or in connection with this Licence or any other contract, for any loss or damage directly or indirectly incurred, including but limited to:

loss of profits, sales, business, or revenues;
operational disruptions;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

Nothing in this Licence shall limit or exclude our liability for:

death or personal injury resulting from our negligence;

fraud or fraudulent misrepresentation;
any other liability that cannot be excluded or limited by the applicable laws.

Termination

We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence.

Upon termination for any reason:

all rights granted to you under this Licence shall cease;
you shall immediately cease performing all the activities authorised by this Licence; and
you shall immediately delete or remove the Digital Wallet from all equipment in your possession.

Other important terms

Should we transfer our rights and obligations under this Licence to another organisation, it shall not affect your rights or obligations under this Licence in any way.

Each of the conditions of this Licence shall operate separately. Should any court or competent authority decide that any of them is unlawful or unenforceable, the remaining conditions shall fully remain in force.

Unless expressly prohibited by the local legislation, this Licence and all matters arising out of or in connection with it shall be governed by and construed in accordance with the laws of Slovenia.