Last updated: June 4th, 2024

Tom PIT Website Terms of Use

Tom PIT or its affiliated companies and subsidiaries (collectively, "Tom PIT") operate this website ("Site"). This Site may provide you with access to a variety of web pages, documents, software, services, images, graphics, audio, video, forums, discussion groups, blogs, and other content ("Content").

By accessing or logging into the Site, you agree to these terms. Tom PIT may revise these terms at any time. Your continued use of the Site after any such revisions have been published constitutes your agreement to the revised terms.

Personal data collected when you access and use the Site will be processed by Tom PIT in accordance with the Privacy Policy of Tom PIT and Cookie Policy of Tom PIT.

I. Use of the Site

1. Tom PIT, Third Party and User Content
   1. When using the Site, you may be able to access or download certain Content provided by Tom PIT ("Tom PIT Content"), or Content provided by third parties ("Third Party Content"). Content is governed by the license that accompanies it. By using or downloading any Content, you agree to the applicable license. It is your responsibility to ensure you have proper permission for your use of any Content. If you are unclear as to what license applies to any Content, it is recommended that you ask the author.
   2. The Site, including the design, layout, look and feel, and Tom PIT Content, is copyrighted by Tom PIT and its licensors. To the extent the Site, portions of the Site, or Tom PIT Content does not designate a license, Tom PIT hereby grants you a copyright license to copy such material for your own personal or internal business purposes.
   3. Where applicable, you may be able upload or otherwise provide certain Content to the Site ("User Content").
   4. Except if specifically stated otherwise, User Content is not confidential and may be made publicly available. You represent that you have the right to provide User Content to Tom PIT and its users. By posting, transmitting or uploading any User Content to the Site, you hereby grant to Tom PIT a non-exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, sublicense, adapt, modify, and publish User Content. If you close your Account, User Content may remain accessible on the Site.
2. Use of Software
   1. Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on the Site ("Software") is governed by the software license agreement (e.g. Tom PIT Open Release License) and related documents and terms (e.g. attachments, exhibits, order form, disclaimers, etc.) ("License Agreement") that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until you first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement.
   2. If Software provided through the Site is not accompanied by a License Agreement, the Software may be used solely for your personal, informational, non-commercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.
3. Account for Tom PIT Portal
   1. Where applicable, you may register for an account on the Site ("Account"). You must provide current, complete, and accurate information as required by the applicable account registration form. You must be over 18 years old to create an Account on the Site. Each Account is personal in nature and may only be used by you. Any activity completed through your Account will be deemed to have been completed by you.
   2. You are responsible for the security of your Account and you agree not to share your password or access to the Site with another person. You will notify Tom PIT immediately if your Account information is lost, stolen, or otherwise compromised. Tom PIT may suspend or deactivate your Account if Tom PIT determines that this step is needed (such as if your Account has been compromised or you have violated these terms).
   3. If you wish to close your Account, you may do so by submitting your request via email to Tom PIT.
4. Permissible Use of the Site and Content
   1. You will not use the Site in a way that violates any laws or these terms, infringes anyone's rights (including but not limited to intellectual property rights), is offensive, or interferes with the Site or its features.
   2. You may not post promotional materials relating to website or online services which compete with Tom PIT or the Site, or post advertising or commercial solicitations unless explicitly agreed with Tom PIT.
   3. If Tom PIT determines that you have acted illegally, in violation of these terms, or inappropriately, Tom PIT may terminate your Account, remove your User Content, prohibit you from using the Site, take appropriate legal actions, or take other action as Tom PIT deems appropriate. Tom PIT shall not be liable to you or any third party for any such removal, suspension or termination.
5. Termination
   1. Tom PIT may, in its sole discretion, at any time change or discontinue providing or limit access to the Site, any areas of the Site, or any Content provided on or through the Site.

II. Common provisions

6. Confidential information
   1. Except for areas of the Site which are clearly identified as non-public, the Site is intended to be public, and you agree not to provide Tom PIT or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Except for User Content clearly labeled as confidential that you upload into a non-public area of the website, any User Content that you send or upload to the Site will be deemed not to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such User Content.
   2. You agree not to reproduce any confidential information to which you are provided access through the Site in any form except as authorized at the time of disclosure. Any reproduction of confidential information shall remain the property of Tom PIT or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original.
7. Links and References
   1. The Site may provide links to third party websites, products or services, which you may access or use at your own risk subject to any applicable third party terms. Tom PIT is not responsible for and has not endorsed such third party websites, products, or services.
   2. The Site may refer to Tom PIT products or services that might not be available in your location. Please contact your local Tom PIT representative for more information.
8. Disclaimer of Warranties
   1. The Site, any Content on the site, and any Software or services provided on the Site are provided "AS IS" and Tom PIT provides no warranties express, implied or statutory, including, without limitation, the implied warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose.
   2. Statements and explanations on the Site and Content in promotional material or the Site and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features.
   3. Tom PIT makes no warranties that the Site will be secure or that access and use of the Site will be error-free without interruptions, crashes, or downtime.
9. Limitation of Liability and Indemnification
   1. In no event will Tom PIT be liable for any direct, indirect, special, incidental or consequential damages whether such damages are alleged as a result of tortious conduct or breach of contract or otherwise, even if Tom PIT has been advised of the possibility of such damages under or in connection with these terms, including but not limited to the Site, your access to or use of (or your failure to gain access to or use of) the Site, any Content provided on the site, or any Software or services provided on the site (e.g. any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through the Site).
   2. Tom PIT shall only be liable in cases of intent and gross negligence, in cases of injuries to life, body or health, pursuant to mandatory liability under applicable product liability laws in the event of product liability, and under a guarantee explicitly given by Tom PIT as such in writing. However, Tom PIT shall not be liable for slight negligence.
   3. You will defend and indemnify Tom PIT from and against any and all damages, costs, losses and expenses (including reasonable attorney fees) incurred as a result of any claim, suit or proceeding brought against Tom PIT in relation to User Content or as a result of any use or misuse of the Site by you.
10. Trademarks
    1. The trademarks, logos, trade dress and service marks displayed on the Site are the property of Tom PIT or other third parties. To use any Tom PIT trademarks, logos, trade dress, or service marks displayed on the Site, you must obtain explicit written permission from Tom PIT.
11. Export Control
    1. By accessing any software or technology available via this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the European Union and/or United States has embargoed exports of goods, services, or technology. You acknowledge that you understand the software and technology may be subject to the Export Administration Regulations and other EU, U.S. and foreign laws and may not be exported, re-exported or transferred to any prohibited destination, to any end user who has been prohibited from participating in EU and/or U.S. export transactions, or for any prohibited end-use.
12. Final provisions
    1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Slovenia without regard to the UN Convention on the International Sale of Goods (CISG).
    2. The courts of Celje, Republic of Slovenia, shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.
    3. Amendments and additions to this Agreement, including amendments to or a waiver of this written form requirement shall be made in writing.
    4. The failure of Tom PIT to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is held to be unenforceable, that provision will be modified so as to be enforceable, or if such modification is not possible, will be removed and the remaining provisions will remain in full force.
    5. Some services provided by Tom PIT or Tom PIT Content offered via the Site are subject to additional or separate terms. If there is a conflict between these terms and such additional or separate terms, the latter will have precedence with respect to your access and use of that service or Content.

Last updated: December 24th, 2024

Tom PIT Terms of Service

These Tom PIT Terms of Service (this “Agreement”) are entered into by Tom PIT („Service Provider“) and you or the entity you represent ("Customer") and govern Customer's access to and use of the Services (as defined below).

Tom PIT means a legal entity within the Tom PIT group of companies that is providing the Services to the Customer in accordance with this Agreement.

This Agreement is only applicable to commercial transactions with Customers that are businesses (“Business-to-Business”).

This Agreement is effective when the Customer clicks to accept it ("Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.

I. Subject Matter of this Agreement

1. Services
   1. Tom PIT offers, in particular, the following Services: Hosting Tom PIT.connected digitization in the Tom PIT data center (Part II), Outsourcing and brokerage of human resources (Part III), and Customer Service (Part IV). Tom PIT describes details of these and other Services in the Tom PIT Business Model, which is provided separately for each market on an annual basis ("Business Model [Market Year]"). Tom PIT may update Services from time to time (Sec 23).
   2. Tom PIT shall provide the Customer with the relevant Business Model(s) [Market Year] and any amendments or changes made thereto during the year (Sec 23).
   3. The subject matter of this Agreement is the provision of Services by Tom PIT to the Customer. Common Provisions (Part V) are applicable to all Services
2. Rights and obligations of the Parties
   1. The rights and obligations of the Parties with respect to the subject matter of this Agreement shall be determined by this Agreement and its Annexes; general terms and conditions of the Client shall not apply. In case of a discrepancy between the terms of this Agreement and the terms of its Annexes, the terms of this Agreement shall prevail. The Parties have not entered into any verbal supplemental agreements to this Agreement.
3. Consideration (“Tom PIT Fees”)
   1. Tom PIT describes fees for Services in the Business Model [Market Year] (Sec 1). Unless stated otherwise, all fees are monthly fees. Tom PIT may make changes to the applicable fees from time to time (Sec 23).
   2. The Customer may choose between monthly payment or annual payment of the fees, where offered by Tom PIT. The payable amount may vary.
   3. For Invoicing, payment and taxes also see Sec 18.

II. Hosting Tom PIT.connected digitization in the Tom PIT data center

4. Scope of the Service
   1. Tom PIT offers hosting in the Tom PIT data center (“Hosting Service”). An upgrade is possible at any time, and a downgrade monthly.
   2. The Customer may continue to use Tom PIT.connected digitalization on the Customer's location (on-premises) or shift its digitalization to the shared or dedicated environment at any time. Additionally, the Customer can commission outsourced Services (Sec 6.1) for its on-premises infrastructure.
   3. Tom PIT offers the Hosting Service for Tom PIT.connected platform. If the Customer intends to use the Hosting Service for Third-party software, it must notify Tom PIT 15 days in advance. Upon notification, Third-party software may be used (only) in a dedicated environment.
   4. Tom PIT hereby grants to the Customer a worldwide, non-exclusive licence to use the Hosting Service (Sec 4.1) during the Term (Sec 22). The Customer must not sub-license its right or permit any Third-party to access or use the Hosted Services.
   5. Tom PIT guarantees that its Hosting Service will be available ninety-nine point nine percent (99.9%) of the time in a given year, except to the extent that any Customer provided software fails or is defective and said failure or defect causes, in whole or in part, the downtime. Availability shall be measured at the exit (outbound port) of the firewall at Tom PIT’s data center.
   6. For the avoidance of doubt, downtime caused directly or indirectly by scheduled maintenance, performance of an outsourced Service (Sec 6.1) or any other work agreed upon with Tom PIT will not be considered a breach of this Agreement.
   7. Customer’s sole and exclusive remedy for any failure of the performance is that Tom PIT will credit the Customer’s account for 5% of the monthly fee for the affected Hosting Services for each hour of downtime, up to 25% of the Customer’s yearly fee for the affected Hosting Service.
   8. Tom PIT guarantees archiving of data of both databases and file system for the last 7 days in the Tom PIT data center. All archived data can be obtained by the Customer at any time.
5. IT Security
   1. Tom PIT will implement and maintain reasonable and appropriate technical and organizational measures designed to help secure the hosted content against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access (“Security Measures”).
   2. Security Measures include inter alia the measures to encrypt data; to ensure availability of the data such as an own network connection, redundant network resources, spare source - aggregate, spare source - unit with redundancy, UPS systems in redundancy N+N, redundancy of electrical installations 1+1+1, redundancy of the electrical network in the system 1+1+1, redundancy of technical cooling N+N; and on-site security measures such as physical security 24/7, video security, fire protection EN 1047/2, fire protection EI60/90 and protection against electromagnetic waves.
   3. Tom PIT may update the Security Measures from time to time provided that such updates do not result in the degradation of the overall security of the Services.

III. Outsourcing and brokerage of human resources

6. Scope of the Service
   1. Tom PIT offers outsourcing and brokerage of human resources. The Customer may commission human resources to provide other Services not defined in this Agreement directly from Tom PIT (Sec 7) or from the Partner Network (Sec 8) (“outsourced Service”). Such services may include inter alia:
      a) implementation and integration of Tom PIT.connected technology and digital content provided by Tom PIT,
      b) development, customisation, other adjustments, amendments or enhancements of software as requested by the Customer,
      c) software maintenance and support that is not the subject matter of this Agreement, or
      d) consultancy services.
   2. The outsourced Service can be provided remotely or on-site. If the outsourced service is provided remotely, commissioned human resources provide the services from their own location and are not physically present at the location of the Customer. If the outsourced Service is provided on-site, commissioned human resources provide the service at the Customer's location (on-premises). In the latter case, additional charges may apply (Sec 7.6).
7. Tom PIT Human resources
   1. The Customer can commission Digital Transformation Architect, Digital Transformation Lead, Developer, Quality Engineer, Digital Experience Designer and Customer Experience directly from Tom PIT to perform an outsourced Service (Sec 6.1).
   2. Digital Transformation Architect commissioned directly from Tom PIT have at least 10 years of relevant experience in the field of planning, analysing and digitalizing business processes and project management.
   3. Digital Transformation Lead commissioned directly from Tom PIT has at least 5 years of relevant experience in the field of designing, implementing and managing digital transformation. They have comprehensive domain knowledge and deep insight into Tom PIT.connected technology.
   4. When Digital Transformation Lead (Sec 7.3) is commissioned by the Customer to perform a Service, this includes:
      a) Digital Transformation Design (by Digital Transformation Lead)
      b) Digital Transformation implementation (by Developer)
      c) Quality assurance (by Quality Engineer)
      d) UI Design (by Digital Experience Designer)
      e) Infrastructure and education (by Customer Experience) necessary to perform the commissioned Service. Additional fees apply for other experts (lit. b), lit. c), lit. d) and lit. e)) performing the commissioned Service (see Business Model [Market Year], Sec 1).
   5. All human resources provide Services remotely and on-site (Sec 6.2). However, if Tom PIT’s Digital Transformation Lead is commissioned to provide a Service on-site, other experts will perform their work remotely, unless he/she deems it necessary for other experts (Sec 7.4) to perform their work on site.
   6. If the outsourced Service is provided on site (Sec 6.2), the Customer will reimburse Tom PIT for its travel expenses and expenses for an overnight stay on receipt of a detailed invoice. Additionally, travel time will be charged according to the applicable hourly rate. If an overnight stay is required, an additional allowance in the amount of two billable hours according to the applicable hourly rate will be charged.
   7. Travel expenses (Sec 7.6) for Tom PIT Human resources (Sec 7) will be calculated based on the actual starting point of the travel. This will be the place of residence of the commissioned human resource(s) or one of Tom PIT’s offices.
   8. The Customer is obliged to inspect the outsourced Service (Sec 6.1) performed prior to its integration into the Customer’s production environment and to notify Tom PIT without delay through Tom PIT customer support of any defects identified. The Customer's written notice shall describe in detail the nature, the cause (if known) and the extent of the defect. If the Customer fails to notify Tom PIT of any defects prior to the integration of the inspected outsourced Service into its production environment or fails to inspect the outsourced Service without justifiable grounds, the outsourced Service shall be deemed to have been accepted in full and without reservation.
   9. Tom PIT makes no representations or warranties with regard to the performance of outsourced Services (Sec 6.1) and shall not be liable for any material or legal defect. However, Tom PIT offers Customer Service (Part IV) for outsourced Services (Sec 6.1) to the Customer (see Business Model [Market Year], Sec 1)
8. Tom PIT Partner Network
   1. The Customer can choose one or more external providers through the Tom PIT Partner Network portal on the Tom PIT website to perform an outsourced Service (Sec 6.1). External providers are independent contractors (“Expert”).
   2. Tom PIT Partner Network is governed by the Tom PIT Partner Network Agreement. Experts will enter this Agreement with Tom PIT before providing any outsourced Services (Sec 6.1).
   3. In order to enable the Customer to select the most appropriate Expert, the Customer can post requirements in the Tom PIT Partner Network portal and view previous work done by an Expert. Furthermore, the Customer can arrange a meeting with the Expert. Supported communication technologies for each Expert are listed on the Tom PIT Partner Network portal.
   4. The Customer and the Expert agree on the outsourced Service (Sec 6.1), including software maintenance and support, the amount of work needed to perform the service, the service fee, the deadline and other modalities of service provision in a separate agreement. The Expert shall be solely responsible for setting its own prices vis-à-vis the Customer.
   5. Once agreed, the Customer issues an outsourcing order. Upon receiving the outsourcing order, the Expert performs the agreed service. The outsourcing order is regarded as completed when the Customer approves the service. Upon completion, the Expert issues an invoice to the Customer for the outsourced Services (Sec 6.1). In addition, the Expert may also invoice fees for Services performed by Tom PIT (Sec 3) to the Customer when agreed between the Expert and Tom PIT.
   6. The Expert will be solely liable to the Customer for the provision of outsourced Services (Sec 6.1).
   7. The Expert is solely responsible for accurately and completely representing Tom PIT.connected technology and digital content provided by Tom PIT to the Customer, and assumes all financial mand legal liability for the quality, reliability, and accuracy of all representations and warranties mmade by the Expert, its employees, agents, and consultants.
   8. When two or more Experts are providing outsourced Services (Sec 6.1) to a Customer, the Customer will dedicate one of the Experts to act as the central focal point to coordinate activities (“Project Owner”). The Project Owner will coordinate other Experts and provide support to the Customer according to the separate agreement (Sec 8.4).
   9. Tom PIT makes no representations or warranties as to the Expert (or any other Third Party) related to the performance of outsourced Services(Sec 6.1) or other products or services of such entities, and fully disclaims any such warranties (Sec 20.3).
9. Remote Access
   1. If the Customer does not use the Hosting Service (Sec 4.1) and installs Tom PIT.connected digitalization on the Customer's location (on-premises), the Customer must enable access to Tom PIT and/or the Expert when performing a Service with one of the supported communication technologies.
   2. Tom PIT supports VPN with Remote Desktop Connection, Zoom, Microsoft Teams and Team Viewer. Supported communication technologies for each Expert (Sec 8.1) are listed on the Tom PIT Partner Network portal.
   3. The Customer shall pay any additional costs incurred by remote access. In the case of hosting Tom PIT.connected digitalization in the Tom PIT data center, no additional charges occur (Sec 4.1).

IV. Customer Service

10. Scope of the Service
    1. Tom PIT offers support related to Tom PIT.connected technology and digital content provided by Tom PIT. Technical and end-user support is provided for Tom PIT.connected digitalization hosted in the Tom PIT data center (Sec 4.1). Support consists of troubleshooting and answering user questions (“Customer Service”). Customer Service is organized into customer desks.
    2. Customer desks are desks only individual Customers have access to and cannot be viewed by other users. Once the Customer is onboarded, Tom PIT creates a desk for the Customer and assigns permissions to use the desk. The Customer can publish tickets related to its specific problems on the desk. The language used is a matter of a separate agreement between Tom PIT and the Customer.
    3. Publishing tickets to customer desks is performed through Tom PIT customer support.
    4. Customer Service does not include support for hardware issues, operating systems, networking or any other subject which is not directly related to the Tom PIT.connected platform.
    5. If the Customer uses Tom PIT.connected digitalization on the Customer's location (on-premises) (Sec 4.2) or if the Customer uses Tom PIT data center for Third-party software (Sec 4.3) no Customer Service will be provided.
    6. The Customer commits to the professional and responsible cooperation with Tom PIT (Sec 17), and is obliged to use Tom PIT customer support with reasonable care, fairly and not to abuse it in any way. If the Customer breaches these obligations, Tom PIT can at any time, without prior notice, charge a Customer Service Fee (see Business Model [Market Year], Sec 1) regardless of the tickets` type mand/or disable the Customer’s access to the ticketing system.
11. Triage
    1. When a customer publishes a ticket to the Tom PIT customer support portal, the first stage is to triage each ticket. In the process of the triage, Tom PIT classifies tickets into the following categories: Bug (Sec 12), Question (Sec 13), Change or feature request (Sec 14). Tom PIT may request additional information from the publisher of the ticket in the process of its classification.
12. Bugs
    1. Bugs are confirmed once they are reproduced. Tom PIT will fix all confirmed bugs that are within the scope of the Tom PIT.connected digitalization. The service commitment excludes technical limitations that inter alia include bugs in libraries Tom PIT.connected references (.NET Core for example).
    2. Tom PIT undertakes to act to the best of its ability and in the spirit of good business cooperation and will resolve all bugs as soon as possible. However, there are no fixed time frames for resolving a bug.
13. Questions
    1. Tom PIT undertakes to act to the best of its ability and in the spirit of good business cooperation to answer questions as soon as possible. However, there are no fixed time frames for resolving or answering a question.
14. Change and Feature Requests
    1. Tickets classified as change or feature requests can be closed at any time. Tom PIT is not obligated to implement new features or change existing features. At the Customer’s request, an moutsourced Service (Sec 6.1) can be agreed upon separately.
15. Customer Service Availability
    1. Tom PIT Customer Service is available 24/7. It means customers can publish tickets any time. Tom PIT will respond promptly and triage tickets as soon as possible, usually within 24 hours. At the Customer`s request, an individual Service Level Agreement (Sec 6.1) can be agreed upon mseparately.

V. Common Provisions for all Services

16. Affiliated companies
    1. .This Agreement is concluded between Tom PIT and the Customer. If the Customer has several Affiliates the Agreement must be concluded for each Affiliate separately, even if the Customer or one of the Affiliates hosts digitization centrally.
    2. An affiliate means a person directly or indirectly, solely or jointly controlled by the Customer; person directly or indirectly, solely or jointly controlling the Customer; and entities directly or indirectly, solely or jointly controlled by the same person which controls the Customer.
17. Cooperation and Duties of the Contracting Parties
    1. Tom PIT and the Customer agree that they shall cooperate with each other closely, efficiently, professionally and responsibly, whereby the personnel, organisational, expert and technical responsibility of the Customer will be important.
    2. The Customer agrees to support Tom PIT when it provides Services subject matter of this Agreement (Sec 1) as necessary, in particular, but without limitation, by providing information, data, access (remote, on-premises or otherwise) and other forms of support necessary to enable the provision of the Services.
    3. If the Customer commissions Third-party providers, it is obliged to ensure that commissioned Third-party providers render their services and/or cooperate with Tom PIT, where necessary in order to enable Tom PIT to provide its Services (Sec 1) to the Customer.
    4. If the Customer fails to perform its duties under this section (Sec 17), Tom PIT’s services which cannot be provided as a consequence shall be suspended for the duration of such default. Any additional expenses caused thereby shall be reimbursed by the Customer in addition to the agreed fees. This shall not affect any legal rights of Tom PIT to terminate this Agreement.
    5. In addition, if the Customer fails to perform its duties under this section (Sec 17), it shall pay an amount equivalent to the hourly rate of Tom PIT’s Digital Transformation Lead defined in the Business Model [Market Year] (Sec 1) per day for the duration of such default. This shall not affect any other claims by Tom PIT.
18. Invoicing, payment and taxes
    1. Tom PIT shall monthly provide the Customer with an invoice specifying the fees for the Services provided in the previous month. Tom PIT issues an invoice to the Customer for all Services used in this period, including any outsourced Services performed by Tom PIT (Sec 6.1).
    2. Unless otherwise agreed, the Customer shall pay all fees specified in the applicable invoice for the Services within eight (8) days from the invoice date by bank transfer or credit card. The Customer shall pay a late charge of 8% per annum above the ECB base interest rate on all payments which are not paid when due.
    3. All monthly fees and other charges in this Agreement are, unless the context requires otherwise, stated exclusive of any applicable value added, sales or other similar taxes, which will be added to those amounts and payable by the Customer to Tom PIT.
    4. The Customer acknowledges and agrees that orders placed by the Customer for Services will be non-cancellable and the fees paid are non-refundable unless otherwise expressly stated in the Agreement.
19. Software
    1. Tom PIT may make Software available to the Customer, including third-party software. The Customer's use of any Software is subject to the applicable provisions in the Open Release License or Commercial Release License (provided on request).
20. Liability
    1. Tom PIT shall be liable without limitation in cases of intent and gross negligence, in cases of injuries to life, body or health, pursuant to the terms of the Product Liability Directive 85/374/EEC and national transposition law in the event of product liability, and under a guarantee explicitly given by Tom PIT as such in writing. However, Tom PIT shall not be liable to the Customer for slight negligence.
    2. Tom PIT shall not be liable to the Customer in respect of any loss of profits or anticipated savings, any loss of revenue or income, any loss of use or production, any loss of business, contracts or opportunities, any loss or corruption of any data, database or software, any special, indirect or consequential loss or damage, and any losses arising out of a Force Majeure Event.
    3. Tom PIT shall not be liable for any damages arising from an outsourced Service (Sec 6.1) performed by an Expert (Sec 8).
    4. To the extent that any Third-party shall (on whatever basis) raise any claims against Tom PIT or an Expert (Sec 8), their employees or agents, the Customer shall, upon first written demand, indemnify Tom PIT or the Expert against such damage compensation claims.
21. Duty of Confidentiality
    1. Tom PIT and the Customer agree to keep all confidential information, which becomes known to them during the performance of this Agreement strictly confidential, and only to use such information for the contractually agreed purposes. Confidential information for the purpose of this provision shall mean information, documents, details and data, which is marked as such or is to be seen as confidential because of its nature.
    2. These rights and obligations shall not be affected by the termination of this Agreement (Sec 22).
22. Term of the Agreement, Data Retention and Exit
    1. This Agreement shall become effective upon execution and shall remain in place indefinitely.
    2. Either party can terminate this Agreement at any time. Tom PIT will provide at least 60 days' advance notice of termination. Any termination notice shall be given in writing.
    3. Tom PIT may suspend the provision of all Services if any amount due to be paid by the Customer under this Agreement is overdue, and Tom PIT has given to the Customer at least 15 days' advance notice, following the amount becoming overdue, of its intention to suspend the Services on this basis. Any notice shall be given in writing.
    4. Tom PIT keeps the data for another 90 days after the termination of the Agreement. Data is permanently deleted after the retention period.
    5. During the retention period, Tom PIT will return all of the Customers` data stored in databases to the Customer as backup files and its data stored in file systems as compressed files. The Customer shall request transfer of data through the Tom PIT customer support.
23. Modification of the Services and the Agreement
    1. Tom PIT may make commercially reasonable updates to the Services (Sec 1) and Tom PIT.connected digitization, including, but not limited to, features, components and source code, from time to time. Tom PIT will inform the Customer if it makes a material change to the Services (Sec 1) provided to that Customer that has a material impact on the Customer's use of these Services.
    2. Tom PIT may make changes to this Agreement, including applicable fees (and any linked or referenced documents) from time to time. Tom PIT will provide at least 30 days' advance notice for material changes to the Agreement by sending an email to the Notification Email Address. Customer's continued use of the Services after such material change will constitute Customer's consent to such changes.
    3. Tom PIT will notify Customer at least 90 days before discontinuing any Service (or associated material functionality), unless it replaces such discontinued Service or functionality with a materially similar Service or functionality, or significantly modifying a Customer-facing API in a backwards-incompatible manner.
24. Data Protection
    1. If the Customer intends to use Tom PIT.connected platform to process personal data of its business partners, clients, employees or other identifiable individuals, it must notify Tom PIT 30 days in advance. Upon notification, Tom PIT will separately conclude a Data Processor Agreement with the Customer before commencing the processing, if legal obligations can be met without material changes to the relevant offered Services (Sec 1) and without excessive additional costs, except where the Customer will carry such additional costs.
    2. Tom PIT shall process the Customer’s personal data in accordance with the Data Processor Agreement and the Customer’s instructions.
    3. If the Customer uses Tom PIT.connected platform to process personal data, the Customer is responsible inter alia for providing legally adequate privacy notices and, where appropriate, obtaining necessary consents for the processing of such data. The Customer hereby represents and warrants to Tom PIT that personal data is processed in accordance with applicable law.
25. Final provisions
    1. This Agreement shall be governed by and construed in accordance with the laws of the country where the corporate seat of Tom PIT entity providing the Services is located (Sec 1) without regard to the UN Convention on the International Sale of Goods (CISG).
    2. The courts competent for the location of the corporate seat of Tom PIT entity providing the Services (Sec 1) shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.
    3. Amendments and additions to this Agreement, including amendments to or a waiver of this written form requirement shall be made in writing.
    4. Should individual terms of this Agreement be or become invalid or unenforceable or in case this Agreement contains omissions, this shall not affect the validity of the remaining terms. Instead of the invalid, unenforceable or missing term, such valid and enforceable term shall be deemed to have been agreed upon between the Parties which the Parties would reasonably have agreed upon taking into account the economic purpose of this Agreement had they been aware at the conclusion of this Agreement that the relevant term was invalid, unenforceable or missing.

Last updated: 26.10.2020

Tom PIT Open Release License

Technology and Microservices

1. 1. Introduction
2. 2. Subject of the Open Release License
3. 3. General Licensing Information
4. 4. GNU Affero General Public License Version 3
5. 5. Licenses for Third-Party Components
6. 6. Offer for Source Code

• 1. Introduction

  • 1.1. Tom PIT provides its Technology Tom PIT.connected and Microservices (Sec 2) to you (“User”) under multiple licenses: a) this Open Release License, and b) Commercial Release License for use with and as a closed source software.
  • 1.2. This Open Release License contains Tom PIT's product license and other licensing information, including licensing information for Third-party software, which is included in Tom PIT’s software (Sec 3.2 and Sec 5).

• 2. Subject of the Open Release License

  This Open Release License covers Technology Tom PIT.connected, available for download under Technology Source Code, and Microservices, available for download under Microservices Source Code.

• 3. General Licensing Information

  • 3.1. Technology Tom PIT.connected and Microservices are released under the GNU Affero General Public License version 3 („AGPLv3”), as set forth below (Sec 4).
  • 3.2. Technology Tom PIT.connected and Microservices contain Third-Party Components. In order to use Tom PIT’s Technology Tom PIT.connected and Microservices, the User may be obliged to obtain further licences for the relevant components from Third-Parties (Sec 5).

• 4. GNU Affero General Public License Version 3, 19 November 2007

• 4.1. Unless required by applicable law or agreed to in writing, Technology Tom PIT.connected and Microservices are distributed on an "AS IS" basis, without warranties or conditions of any kind, either express or implied. See the AGPLv3 for the specific language governing permissions and limitations.
• 4.2. Copy of the AGPLv3 (Link to original text).
  

  GNU AFFERO GENERAL PUBLIC LICENSE

  Version 3, 19 November 2007

  Copyright © 2007 Free Software Foundation, Inc.
  Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

  Preamble

  The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.

  The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users.

  When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

  Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.

  A secondary benefit of defending all users' freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.

  The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.

  An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.

  The precise terms and conditions for copying, distribution and modification follow.

  TERMS AND CONDITIONS

  • 0. Definitions.

    "This License" refers to version 3 of the GNU Affero General Public License.

    "Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

    "The Program" refers to any copyrightable work licensed under this License. Each licensee is addressed as "you". "Licensees" and "recipients" may be individuals or organizations.

    To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.

    A "covered work" means either the unmodified Program or a work based on the Program.

    To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

    To "convey" a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

    An interactive user interface displays "Appropriate Legal Notices" to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.

  • 1. Source Code.

    The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source form of a work.

    A "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.

    The "System Libraries" of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A "Major Component", in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.

    The "Corresponding Source" for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.

    The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.

    The Corresponding Source for a work in source code form is that same work.

  • 2. Basic Permissions.

    All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.

    You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

    Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.

  • 3. Protecting Users' Legal Rights From Anti-Circumvention Law.

    No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

    When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.

  • 4. Conveying Verbatim Copies.

    You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.

    You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.

  • 5. Conveying Modified Source Versions.

    You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:

    • a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
    • b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to "keep intact all notices".
    • c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
    • d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.

    A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

  • 6. Conveying Non-Source Forms.

    You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:

    • a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
    • b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
    • c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
    • d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
    • e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

    A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

    A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

    "Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

    If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

    The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

    Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

  • 7. Additional Terms.

    "Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.

    When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.

    Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

    • a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
    • b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
    • c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
    • d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
    • e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
    • f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

    All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.

    If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.

    Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.

  • 8. Termination.

    You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

    However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

    Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

    Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

  • 9. Acceptance Not Required for Having Copies.

    You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

  • 10. Automatic Licensing of Downstream Recipients.

    Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

    An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

    You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

  • 11. Patents.

    A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".

    A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

    Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

    In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

    If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

    If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

    A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

    Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

  • 12. No Surrender of Others' Freedom.

    If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

  • 13. Remote Network Interaction; Use with the GNU General Public License.

    Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.

    Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.

  • 14. Revised Versions of this License.

    The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

    Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.

    If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

    Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

  • 15. Disclaimer of Warranty.

    THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

  • 16. Limitation of Liability.

    IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • 17. Interpretation of Sections 15 and 16.

    If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

  END OF TERMS AND CONDITIONS

  How to Apply These Terms to Your New Programs

  If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

  To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

  <one line to give the program's name and a brief idea of what it does.>
  Copyright (C) <year> <name of author>
  This program is free software: you can redistribute it and/or modify
  it under the terms of the GNU Affero General Public License as
  published by the Free Software Foundation, either version 3 of the
  License, or (at your option) any later version.
  

  This program is distributed in the hope that it will be useful,
  but WITHOUT ANY WARRANTY; without even the implied warranty of
  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
  GNU Affero General Public License for more details.

  You should have received a copy of the GNU Affero General Public License
  along with this program. If not, see .

  Also add information on how to contact you by electronic and paper mail.

  If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.

  You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see .

• 5. Licenses for Third-Party Components

  • 5.1. The following section(s) contain licensing information for Third-Party Components that are used and included in Technology Tom PIT.connected and Microservices.
  • 5.2. Third-Party Components are included in Technology Tom PIT.connected and Microservices pursuant to each individual license for Third-Party Components listed below and subject to the disclaimers and limitations on liability set forth in each of those licenses.
  • 5.3. The User of Technology Tom PIT.connected and Microservices is responsible for reviewing and agreeing to each individual license for Third-Party Components and must ensure he has obtained the relevant licenses for Third-Party Components. These licenses might be open source, non-commercial or commercial licences. Depending on his intended use, the User might be obliged to obtain one or more commercial licences, if the open source or non-commercial licenses are not sufficient.
  • 5.4. Tom PIT does not offer warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement, for Third-Party Components used and included within Technology Tom PIT.connected and Microservices. In no event shall Tom PIT be liable for any claim, damages or other liability, whether in an action of contract, or tort or otherwise, arising from, out of or in connection with the Third-Party Components used and included within Technology Tom PIT.connected and Microservices.
  • 5.5. Third-Party Components used and included in Technology Tom PIT.connected and Microservices:
    • DevExtreme
      Copyright © Developer Express Inc, Web site
      Commercial License: DevExtreme Complete End User License Agreement, EULA
    • Lucene.net
      Copyright © 2020 The Apache Software Foundation, Website
      License: Apache License 2.0, License
    • Dotless
      Copyright © 2009-2010 dotless project, Website
      License: Apache License 2.0, License
    • Newtonsoft Json
      Copyright © 2007 James Newton-King, Website
      License: MIT License, License
    • Mailkit
      Copyright © 2013-2020 .NET Foundation and Contributors, Website
      License: MIT License, License
    • HtmlAgilityPack
      Copyright © ZZZ Projects Inc., Website
      License: MIT License, License
    • LZ4net
      Copyright © 2017 Milosz Krajewski, Website License: MIT License, License

• 6. Offer for Source Code

  For any software that you receive from Tom PIT in binary form which is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code by visiting Links included in Section 2 “2. Subject of the Open Release License”.