License Agreement

I. General Terms of Use of the UWB Application

1. The software application named “UWB” (hereinafter referred to as the “Application”) is a mobile application intended for UWB students and teachers, who may find in it a detailed overview of their studies, including a clear timetable, an examination schedule, and other useful information.
2. On the basis of this Agreement, the Application may be used on Apple iOS and Android OS devices and on any newer versions of such devices, and the services associated with it may be used (hereinafter referred to as the “Services”).
3. This Agreement (EULA – End User License Agreement) governs the terms and conditions for downloading and using the Application by the User (i.e. the person accepting this Agreement) on his/her smartphone (hereinafter referred to as the “Device”).

II. Downloading the Application and Acceptance of this Agreement

1. The User may download the Application through the platforms on which UWB distributes the Application, in particular Google Play and the App Store.
2. This Agreement may be accepted only by unconditional acceptance of the proposed wording thereof; any expression of the User’s will containing additions, reservations, limitations, or other changes shall not be taken into account by UWB.
3. In addition to express acceptance, conduct in accordance with this offer, i.e. the installation of the Application on the User’s Device, shall also be deemed unconditional acceptance of the proposal to conclude this Agreement – see Section 2373(2) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).

III. License Terms of Use

1. Downloading and using the Application by the User is free of charge. This is without prejudice to the connection fee paid by the User for access to the relevant telecommunications data network; as a result, the User may be charged by the mobile network provider for access to data connection services for the duration of the connection when accessing the Application or the Services.
2. UWB reserves the right to introduce in the future any consideration it deems appropriate for downloading or using the Application or any of the Services or parts thereof. In such a case, UWB shall inform the User of the relevant conditions sufficiently in advance.
3. On the basis of and in accordance with this License Agreement with the User, UWB grants the User a free, personal, non-commercial, non-transferable, revocable, limited, and non-exclusive license to use the Application, namely for accessing the Application and for accessing and using the functions and Services that UWB decides to make available through the Application. This license is not limited territorially, in time, or in quantity.
4. The User is responsible for using the Application or Services from his/her Device and is obliged to ensure that no unauthorized person gains access to the Application or Services from that Device (for example, in the event of loss or misuse of the Device on which the Application has been installed). The User assumes full responsibility for any action carried out when using the User’s profile in the Application and is fully liable to UWB for any damage arising from misuse or improper use of the Application or Services from the User’s Device. If the User discovers or suspects any possible misuse of the Application or its Services by a third party, the User is fully responsible for notifying UWB of this fact at the e-mail address stated above so that UWB may take measures it considers appropriate or necessary.
5. The permitted use of the Application is limited to the use described in this Agreement. Any use for another purpose is expressly prohibited.
6. The User is not authorized to:
1. create and distribute copies of the Application;
2. attempt to copy, reproduce, alter, manipulate, modify, reverse-engineer, disassemble, decompile, transfer, exchange, or translate the Application;
3. create derivative works of any nature from the Application;
4. allow unauthorized persons to access or use the Application or Services;
5. grant a license or sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Application or the right to access and use the Application or Services;
6. use the Application or Services in any way that is unlawful, illegal, fraudulent, or harmful, or in any manner other than intended, or carry out any unlawful, illegal, fraudulent, or harmful purpose or activity, or any purpose that infringes the rights of third parties; and
7. use the Application or Services in a manner that causes or may cause damage to the Application or Services or lead to a reduction in the availability or accessibility of the Application or Services.
7. The entire Application, i.e. all elements comprising the Application (texts, images, trademarks, logos, software files, color combinations, databases, etc.), its content and content structure, and the underlying source code are protected by legal regulations in the field of intellectual and industrial property. The User is not authorized to use, reproduce, distribute, alter, publicly communicate, assign, or transform them, nor does the User have the right to carry out any other type of dissemination that is not expressly permitted by UWB.
8. The User’s access to the Application or Services does not grant the User any ownership right or any other type of right in relation to the Application, the content of the Application, the Services, or the underlying source code, with the exception of the permitted use of the Application and Services specified in this Agreement.
9. UWB reserves the right to take all legal action against the User if the User infringes intellectual or industrial property rights.

IV. Changes and Updates

1. UWB reserves the right to change or update the Application or change the technical settings of the Services at any time at its own discretion, without the User’s consent and without the User being entitled to any type of compensation. Such changes shall furthermore automatically be deemed to be subject to this Agreement.
2. The Application is available for Devices using either the Apple iOS or Android operating systems. However, in order to use the Application, the User is obliged to have, before downloading the Application, a compatible Device, internet access, and the necessary minimum specifications (including the relevant version of iOS and Android OS), which can be verified through the information about the Application available at the places where the Application is distributed for use.
3. The User bears sole responsibility for verifying that the Application is compatible with the User’s Device and that this Device meets the software requirements, and takes into account all damage and losses caused by the use of the Application (including installation) that may be caused to the User’s Device.
4. The User further acknowledges that some functions of the Application or Services may not be fully functional due to the characteristics of the User’s Device.

V. Availability and Liability of UWB

1. UWB shall make reasonable efforts to ensure that the Application is always available, but UWB hereby does not guarantee its 100% availability.
2. The User acknowledges that the Application is provided via the internet and mobile networks, and therefore the quality and availability of the Application may be affected by factors beyond UWB’s control.
3. Accordingly, UWB, without limitation, assumes no liability for the unavailability of the Application or Services, or for any difficulties or inability to download or access content, or for any other communication system failure that may result in the Application or Services being unavailable, or for the unavailability of the Services due to the unusable condition of the User’s hardware.
4. UWB has no legal responsibility to provide support or maintenance for the Application.
5. The Application is made available “as is,” without UWB providing the User with any warranty regarding functionality, accuracy, error-free operation, absence of defects, quality, performance, etc.
6. In view of the fact that the Application is provided free of charge, UWB states that the general provisions on liability for defects pursuant to Section 1914 et seq. of the Civil Code, nor the provisions on liability for defects under the relevant contractual type, i.e. under the provisions governing license agreements in Section 2358 et seq. of the Civil Code, shall apply.
7. To the maximum extent permitted by applicable legal regulations, the User waives the right to compensation for harm incurred directly or indirectly through the use of the Application or Services. The User expressly acknowledges that he/she uses the Application at his/her own risk. All risk of harm, whether to the User’s property or rights, rests with the User.
8. UWB shall therefore in particular not be liable for:
1. any harm of any nature caused to or suffered by the User as a result of access to, use of, and operation of the Application or Services (including, for example, installation of the Application and any damage caused to the User’s Device as a consequence of installation);
2. harm of any nature arising as a result of the unavailability of the Application or Services.
9. No provision of this Agreement limits UWB’s liability that cannot be excluded or limited under applicable legal regulations.

VI. Amendments to the Agreement

1. UWB reserves the right to amend this Agreement in whole or in part and the right to add new terms and policies supplementing this Agreement. A link to the valid version of this Agreement is available in the menu of the Application’s main screen.
2. The User shall be informed of any amendment to the Agreement through the Application at least 30 days in advance. If the User does not agree with the amendment, the User is entitled to reject it and terminate the Agreement for this reason in accordance with Article VIII of the Agreement. If the User fails to do so before the amendment to the Agreement takes effect, the User shall be deemed to agree with the amendment.

VII. Term of the Agreement

1. This Agreement shall enter into force and effect (and shall therefore become fully binding) from the moment the User accepts it.
2. UWB is entitled to terminate this Agreement at any time, without a notice period. UWB shall usually notify the User of its intention to terminate the Agreement 7 days in advance by means of a notification in the Application.
3. The User is entitled to terminate this Agreement without a notice period. The User shall terminate the Agreement by uninstalling the Application.
4. UWB also reserves the right to temporarily suspend access to the Application or Services in the event of technical difficulties that, according to UWB’s criteria, may reduce the security measures adopted by UWB for the proper functioning of the Application or Services.

VIII. Final Provisions

1. The official language of this License Agreement is Czech. In the event of any discrepancy between the Czech version and any other version, the content of the Czech version shall prevail.
2. If any provision of this Agreement is declared wholly or partially invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity or effectiveness of the remaining provisions, which shall remain valid, unless such invalidity or ineffectiveness involves a substantial and significant change to the other provisions set out in this Agreement. A provision that has been declared invalid or ineffective shall be deemed not to have been included in the Agreement and shall be replaced by a new provision or interpreted in a legally acceptable manner, the content of which is as similar as possible to the original provision, in such a way that UWB would have included it in the Agreement had it known of the invalidity or ineffectiveness of that provision.
3. This License Agreement is fully governed by the legal order of the Czech Republic. All disputes arising from and in connection with this Agreement shall be resolved exclusively under Czech law and before the locally competent court of the Czech Republic.