TERMS AND CONDITIONS
PROVISIONS OF GENERAL CONDITIONS:
concept and purpose of general conditionsThe general terms are a declaration of the will of the Smart City on the general terms under which Smart City grants rights to use applications from the Dovecher.tv platform and under which the standard maintenance of applications from the Dovecher.tv platform is agreed. The purpose of the general conditions is to be an integral part of the agreement on the transfer of rights to use applications from the Dovecher.tv platform package, i.e., the agreement on the maintenance of applications from the Dovecher.tv platform package. The obligations of the users listed in the general terms also apply to the acquirer of the rights to use applications from the Dovecher.tv platform package, and to the entities with whom the extended standard maintenance of applications from the Dovecher.tv platform is contracted, unless from the context or from the nature of things undoubtedly follows that these terms and obligations apply only to some entities.
the concept of applications from the Dovecher.tv platformApplications from the Dovecher.tv platform are intended for the automation of TV programs, production of broadcasts, media management, editorial information system, production of sports content, computer graphics, as well as the network and Internet streaming (hereinafter referred to as The Software).
the rights Smart City doo holds over The Software licenseThe Software is an author’s work of Smart City doo, as a project and product, created by the Smart City team with features and effects that are familiar to users from previous / trial use. The Software is the property and Intellectual Property of Smart City protected by copyright and other laws and agreements on intellectual property. Smart City reserves all rights not directly granted to you by these TERMS AND CONDITIONS. Smart City is the owner of the name, copyright and other intellectual property rights for this software. The Software is licensed, not sold, the right to use is sold. Any unauthorized duplication or misuse of The Software, in any other way, is a criminal offense and the basis for initiating a procedure for compensation of damages caused to Smart City.
exclusion of liability of the Smart CityThe user takes on the use of the Business Software as a copyright work having in mind all its known and unknown properties as well as the ability to contain defects. Smart City shall not be liable for any damages that may arise out of use, or in connection with the use of The Software, nor for any damage resulting from possible defects of The Software, or due to the eventual cessation of the functionality or loss of the functionality of The Software.
terms and extent of the transfer of the rights to use The SoftwareSmart City gives the right to use the executable version of The Software with and without time limits, permanently for the agreed version and contracted number of additional workstation licenses. The grant-sale of the license is regulated in detail by a separate Purchase Agreement. The price of the license is shown in the bill, according to the valid Smart City price list.
restrictions on the right to use The SoftwareThe rights to use The Software license cannot be transferred or given up to other persons / entities without the consent and approval of Smart City. The transfer of license rights is only possible in situations where the legal status of the user changes, with an adequate Agreement on the transfer of the license.
technical notes and preconditions for the stable operation of The SoftwareBefore the installation of The Software, the user is obliged to provide: – Stable power supply (high quality computer case, required UPS with filter and voltage correction). – It is mandatory to connect active network equipment and computers to the same UPS, or, if there are more UPSs, to the same phase in the facility. – Professionally installed operating system (Windows 10 professional) and accompanying software – drivers.
installation of The SoftwareUnder the installation of the Business Software, the implementation of the executable version of the Business Software is implied. Smart City can deliver a CD / DVD for installing The Software, send a download link from the Internet site or install the Software on the user’s computer through its authorized person. Installation DOES NOT imply: – installation or delivery of source code, – installation, delivery or any adjustment of the operating system necessary for the operation of The Software (for example, setting up a network environment, printers, etc), – installation of the software from other manufacturers – in case The Software has a connection to the software from the other manufacturers, in terms of exporting or importing data, or in terms of any system software. – input of initial state data, – data transfer from existing automation software, in case the user uses other automation software, – staff training, – setting and defining options. Some of the services referred to in the preceding paragraph Smart City provides at the request of the user, with a fee in the amount, in the manner and within the deadlines specified by the valid Smart City price list. Smart City does not guarantee the successful installation or subsequent proper functioning of The Software in case the user does not provide technical conditions for the successful installation and proper functioning of The Software. If the Software installation is not successful because the user has not provided the specified conditions, the eventual costs of that installation or reinstallation will be borne by the user. Smart City shall not be liable for any problems, consequences or possible damages caused by improper use of the installation software by the user.
use of The SoftwareDuring the use of The Software, the user is obliged to: 1) Maintain the technical conditions necessary for the proper functioning of The Software; 2) If, after successful installation of The Software, the user installs a third party software that causes unstable operation of The Software, or otherwise (by changing the system parameters on the computer) leads to the similar problems, Smart City shall not be liable for the proper functioning of The Software and for any resulting consequences, and the costs of the problem diagnosis and possible reinstallations of The Software fall to the user’s expense. If the user has the need to extend the PC platform, either in hardware or in software, and if there is a risk that the expansion of the PC platform might cause unstable functioning of The Software, he/she is obliged to notify Smart City about this need. Upon receipt of this notification, Smart City will give the user instructions on how to extend the platform in an appropriate manner. In case of improper expansion by the user, Smart City shall not be liable for any problems, consequences and possible damages, and the costs of diagnosing and eventual troubleshooting by Smart City shall be borne by the user.
the relationship between The Software and third-party applicationsThird-party applications are not controlled by Smart City and Smart City is not responsible for the operation of these applications. Any changes that result from changes in third-party applications fall within the extent of the responsibility of the other manufacturers. In case that the changes in third-party applications with the delivery of a new version of another manufacturer’s application are of such character that the connection between these applications and The Software is no longer functional, Smart City is not responsible for this problem.
maintenance of The SoftwareTo the acquirer of the rights to use The Software, Smart City shall provide, or may provide, the maintenance of The Software with an adequate, valid Maintenance Agreement, unless otherwise specified by the contract that the acquirer is not entitled to a flat-rate annual maintenance. The maintenance of The Software means the provision of certain services, advisory support and technical support required for the use of The Software charged under the special benefits for those who have maintenance, as well as the assignment of the right to use certain Software changes without any fee, that can be purchased regardless of the maintenance, with a fee according to the valid price list.
servicesAt the request of the user, Smart City will provide staff training services, third party software installation, operating system installations, software settings and other consulting and technical services required for the use of The Software and system software, in a manner and within an agreed time limit. By reaching the agreement from the previous paragraph, the user confirms that he is familiar with the Smart City price list. For services referred to in the preceding paragraph of this Article, the user will pay a fee in the amount, in the manner and within the deadlines specified by the Smart City Service Provider, valid at the time of reaching the agreement. If the service is not foreseen by the price list, the provision of such service will not happen. A record / work order will be drawn up on the performed service, on the basis of which Smart City will issue a bill to the user. Exceptionally, if it turns out that the need to provide a service has been caused by some kind of Smart City error, Smart City will not charge the user. If Smart City carries out operator training, and after a while, the user changes the staff using The Software, Smart City can re-train at the request of the user. New training is the subject of a new job. Smart City has no obligation to repeat the training for the new staff.
publication and validity of general conditionsThe general terms are deemed to be accepted and shall be validated by installing The Software on the user’s computer. If the General Terms are a part of the Agreement, or if they are accepted in writing by the user to whom The Software is given to be used, or to the user already using The Software, they shall remain in force while the Agreement is in force. All amendments to the General Terms and Conditions are valid only in writing. In the event of a dispute, the Contracting Parties shall attempt to reach an agreement in a peaceful manner, otherwise, the Commercial Court in Valjevo, Serbia, is competent.
Smart City d.o.o