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SOFTWARE LICENSE AGREEMENT
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ATTENTION! BEFORE THE INSTALLATION OF "ID Photos Pro 8” PLEASE READ CAREFULLY THE FOLLOWING SOFTWARE LICENSE AGREEMENT. THE INSTALLATION AND USING THE PRODUCT IN WHOLE OR IN PARTS IS TANTAMOUNT TO CONFIRMATION OF THIS AGREEMENT DURING THE INSTALLATION AND AGREEING TO OBEY ITS RULING. ACCEPTANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT IS LEGALLY AS EFFECTIVE AS SIGNING THE AGREEMENT. THE INSTALLATION OF THE SOFTWARE WILL BE CANCELLED IF THE USER HAS NOT ACCEPTED THE AGREEMENT, THUS THE LICENSE FOR THE PRODUCT "ID Photos Pro 8" WILL NOT BE GRANTED. IN THIS CASE THE USER SHOULD RETURN THE UNUSED PRODUCT TO THE SELLER IN EXCHANGE FOR THE RETURN OF THE PAID AMOUNT OF MONEY (EXCLUDING SHIPPING COST).

DEFINITIONS: 
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"Software" means all information with which this agreement is passed, including the Software "ID Photos Pro 8", example images or ready images, graphics and other works bundled into the  package with "ID Photos Pro 8"; the related information materials, printed and in forms of computer files ("Manual”) and it also means all the updates and additions to such information given to the User by PIXEL-TECH in any time, unless they are covered by a separate agreement (altogether called "Updates").

"Subscription for updates & support" means paid service that gives you the access to the technical support and gives you the possibility to both automatic or manual Software updates.

"PIXEL-TECH" means the producer of the Software: PIXEL-TECH Company (full name: PIXEL-TECH sp. j. Pytowski & Kubarek, VAT ID: PL6443287239, with the headquarters in Dabrowa Gornicza 41-303, 6A Laski Street, Poland).

TERMS AND CONDITIONS:
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1. This Software License Agreement is a contract between the User (a natural person or a legal person) and the PIXEL-TECH Company. 

2. The License for the Software. As long as the User complies with the conditions described in this Software License Agreement (later called "The Agreement"), PIXEL-TECH grants him the non-exclusive right to install and use the Software in accordance with its purpose and manual, and under conditions described below.

3. The Software is subject to the license not the sale. PIXEL-TECH allows the User to copy, download, install and use the Software only within terms of this Agreement.

4. The Software may be used within the User's working area, for one site (one computer at the same time). 

4.1. For one license, one unique serial number is given. This number is used in a Software activation process. The serial number can be supplied with a copy protection device. This is also known as a USB Dongle Key. This Dongle Key represents the value of the Software and cannot be replaced free of charge, if lost.

4.1.1. In the event that a USB Dongle Key is lost or stolen, this is equivalent to losing the license for the Software and consequently the cost to replace the license(s) equals the current purchase price of the Software.

4.1.2. PIXEL-TECH shall have no responsibility or obligation in the replacement of the USB Dongle Key or the Software products licensed for use. Therefore the Customer assumes the full loss of the Software products. Hence in the event that a USB Dongle Key is lost, stolen or damaged the Software products must be repurchased from PIXEL-TECH. 

4.2. After the purchase of the Software the User is obliged to its activation. After the activation, the Software works in the full version mode. The activation of the Software is a necessary requirement. Through the activation, the Software is assigned to the computer on which it was activated (does not apply to version which is protected using dongle key). ATTENTION! AFTER THE FULL SOFTWARE ACTIVATION THERE IS NO POSSIBILITY OF RETURNING THE PRODUCT. THE ACTIVATION CAUSES DIRECT CONNECTION OF THE SOFTWARE AND THE WORKSTATION ON WHICH IT WAS ACTIVATED. ONE LICENSE MAY BE ACTIVE ONLY ON ONE COMPUTER AT THE SAME TIME. Any activation on another computer without its preceding deactivation is registered and may be treated as an attempt of illegal distribution. 

4.3. The Software may be uninstalled from the original workstation and may be installed on another workstation through generating of a Deactivation Code (does not apply to version which is protected using dongle key). The license deactivation on the original computer is the necessary condition. THE SOFTWARE MAY BE INSTALLED ONLY AND EXCLUSIVELY ON ONE COMPUTER. PIXEL-TECH does not bear responsibility for not generating of the Deactivation Code in case of any defects or changes at computer sites, of/in the operating system, computer parts etc.

4.4. In case of the loss of the CD with the Software and manual, the purchaser may ask for a copy. Such a copy is additionally charged.

5. The ID Photos Pro 8 Software license comes with one year Subscription for free technical support and Software updates counting from the date of the first activation of the Software. 

5.1. During the Subscription period, PIXEL-TECH provides the possibility to both automatic and manual Software update (download update), not guaranteeing the availability of this service, or any frequency of issuing the updates. 

5.2. During the Subscription period the User has access to full technical support for the Software. The Licensee can provide comments about the Software, including comments about failure, errors or other malfunction of the Software and also suggestions for additional features and functions or their changes. The Licensee can do this via the web form which is available on the PIXEL-TECH website or via e-mail: support@pixel-tech.eu. During the Subscription period, the Licensor provides technical support consisting of providing answers to questions submitted in the manners specified above, and closely associated with the Software. The Licensor does not guarantee the solution of any technical problem that appears in connection with the use of the Software.

5.3. If the Licensee hasn’t got an active Subscription for updates and technical support, he may provide comments about the Software, including comments about failure, errors or other malfunction of the Software and also suggestions for additional features and functions or their changes. The Licensee can do this via the web form which is available on the PIXEL-TECH website or via e-mail: support@pixel-tech.eu. At the same time the Licensor is not obliged to answer or respond to any comments or suggestions.

5.4. The Licensee provides the Licensor with a continuous, irrevocable, royalty-free right to use and license (if applicable), for any comments and suggestions introduced to the Software.

5.5. Technical support is provided only on days and times specified on the PIXEL-TECH website.

5.6. The User may, at any time, renew his Subscription for updates & support for another  year for the charge indicated by PIXEL-TECH (however, renewing is optional, every license is perpetual - the product will never stop working unless the User installs a version of a product that was released after the Subscription had expired but the renewing may be necessary to guarantee the security of some functionalities of the service). THE RENEWAL OF SUBSCRIPTION FOR ANOTHER YEAR ALWAYS STARTS THE NEXT DAY AFTER THE DAY WHEN THE LAST SUBSCRIPTION EXPIRE. IT DOES NOT START FROM THE DATE OF THE PURCHASE OF THE NEXT SUBSCRIPTION! 

6. The distribution of the copies of the Software is FORBIDDEN. You are allowed to make copies in the quantity essential to install the Software and make a copy for archive purposes only. All created copies must have attached information about copyrights and license. The rights derived from this License expire automatically in case of any infringement of the Agreement. In this case the User is obliged to destroy all copies of the Software.

7. It is prohibited to use, copy, modify or transfer the Software if it goes beyond the conditions determined in this Agreement. The User is not allowed to carry out modifications or adaptations of the Software. It is forbidden to do reverse engineering of the source code, de-compilation, de-assembling or using other methods to reveal the source code of the Software. The User commits himself not to increase the functionality of the Software. 

8. The ban on reselling. IT IS FORBIDDEN TO LEND, LEASE, SELL AND TRANSFER THE RIGHT TO USE THE SOFTWARE AND TO ALLOW COPYING ANY PART OF IT TO THE COMPUTER BELONGING TO ANOTHER PERSON (NATURAL OR LEGAL) EXCEPT IN CASES WHERE THIS LICENSE EVIDENTLY ALLOWS FOR IT. The User may transfer all the User rights to the Software to another person under the following conditions: (a) simultaneous transfer of this Agreement, serial number (or numbers), USB Dongle Key (or Keys),CDs with the Software together with all copies, adds-on, updates and previous versions to another person (natural or legal); (b) handing over all the adds-on, updates and copies, including back-up copies and those stored in the User's computer and (c) acceptance of terms of this agreement and other conditions and rules being the base of a valid license for the Software by the party receiving the Software. The User has to notify PIXEL-TECH in written form (e.g. via e-mail) before the transfer.

9. The Licenser guarantees that the media on which the Software is delivered is free from material defects and also free from production faults. All the Software should be treated on an "as is" basis without any warranty expressed or implied. The Licenser is not responsible for any economic losses, data losses, and work suspension or other consequences of using the Software. All the risks regarding the Software quality and usefulness lie with the User. If the Software turns out to be imperfect, the User incurs the costs of any necessary improvements and corrections. PIXEL-TECH does not guarantee that the functions implemented into the Software will fulfil the requirements of the User or that its work will be free from errors and also that the unveiled faults will be removed in the future. PIXEL-TECH is not responsible for the possible inconsistency of the manual with the Software and this also applies to inconsistency in the Software specification (particularly in the context of the described functionality and performance). The manual is a material that has a task to support the Software and all information included have general character, and might slightly differ from reality. Small deviation in the functioning of the Software in relation to the manual is not the basis for using the warranty.

10. The total responsibility of PIXEL-TECH and its associates is limited to the Software exchange or to the license fee refund, and those are the only legal means the User is entitled to in such circumstances.

11. The warranty terms as described in the Agreement both expressed and implied might not be subject to any types of jurisdictions, therefore the above mentioned limited warranty might not apply to a specific User. If any of the above statements is not acceptable, please do not use this Software. 

12. PIXEL-TECH spares no effort to make the Software in a way that fulfills all User requirements and is of the highest quality and free from defects. All errors detected by the User should be reported to PIXEL-TECH, because they will be considered while planning future versions or updates of the Software. Having said that  we cannot guarantee that the next versions will be completely free from errors.  To contact with PIXEL-TECH send an e-mail to the following address: support@pixel-tech.eu

GDPR AND PERSONAL DATA PROTECTION
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Our Software enables the processing of Personal Data of Licensee's Clients in line with regulations applicable in the countries of the European Economic Area, compliant to the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC — hereinafter referred to as GDPR.
Terms of processing Personal Data by the Software are described below, in order to help the Licensee understand how the Software operates and how its functionalities may be used to protect Personal Data entered to the Software.

1. Data administration

1.1. Licensee is the Administrator of all Personal Data collected via and processed by the Software. At the same time, the Licensee is the only entity deciding on terms and purposes of Personal Data processing with the use of the Software. PIXEL-TECH has no access to Personal Data processed with the use of the Software, and can by no means affect the scope and methods of such processing. 

1.2. Personal Data processed by means of the Software are stored only in localizations selected and managed by the Licensee; PIXEL-TECH has no access thereto.

2. Scope of processing

2.1. The Software does not enable recording maps of biometric points from the photographs processed using the Software, therefore, it does not serve to identify any person according to GDPR. Therefore, compliant to GDPR, using the Software to process ID photographs does not require obtaining additional consents from the Licensee’s Clients.

2.2. The Licensee is authorized to use the Software to process only legally obtained Personal Data and only for the purpose for which they were collected.

3. Software versions

3.1. PIXEL-TECH is committed to constantly improve the quality of provided services, therefore it actively responds to new threats pertaining to Personal Data protection and constantly improves the quality of the Software. Each current version of the Software features all implemented Personal Data security measures introduced by PIXEL-TECH. In case of learning about a necessity to introduce additional security measures (for example by publishing information about new viruses or directives in this respect etc.), PIXEL-TECH shall exercise due diligence to introduce the changes to the Software, in the next update delivered to the Licensees.

3.2. Due to the necessity of continuous adaptation of the Software to changing information environment, PIXEL-TECH does not guarantee that older Software versions will ensure recommended level of security of Personal Data processed by means of the Software, nor does it guarantee compliance with GDPR. In order to ensure compliance of Software-aided Personal Data processing with GDPR, an updated version of the Software is required and all updates made available by PIXEL-TECH should be installed.

4. Protection of terminals

4.1. The Licensee shall install the Software on its own terminals (desktops or laptops) and bears sole responsibility for their security. Therefore, PIXEL-TECH is not liable for proper securing of Personal Data processed by the Software when it is installed in terminal prone to external attacks. Thus, PIXEL-TECH recommends that each terminal on which the Software is installed meets at least the following conditions:
- features only legally purchased, updated software;
- all software installed is regularly updated according to recommendations of its producers;
- is secured with antivirus software with constantly updated virus database;
- access to the terminal is secured with a password changed according to applicable password change policy of the Licensee;
- passwords are protected from unauthorized access;
- terminal is protected from unauthorized access;
- terminal features screen savers that enable locking the access to the terminal when inactive.

4.2. Instructions provided in section 4.1 above are only suggestions and cannot be treated as binding guidelines ensuring the security of Data processing in the terminal. Licensee bears sole responsibility for the security of terminals on which the Software is installed.

4.3. In order to protect Data processed with the use of the Software, it is recommended that the Software is turned off each time it is no longer used. GDPR Assistant supports the Licensee in setting up the Software in line with GDPR during configuration.

5. Software settings

5.1. The Software features many functionalities, most of them designed to process Personal Data. Parameters of many of these functionalities may be modified in the Software configuration window.

5.2. Standard, default Software settings are recommended in order to comply with Personal Data processing regulations as set in GDPR. In case when a change of certain functionality parameter may reduce security of data processing or deviate from the recommended settings and, thus, pose a threat to compliance with data processing law, the Licensee will be informed about such situation by GDPR Assistant, if activated.

5.3. Due to the fact that compliance with Data processing law results from many factors, PIXEL-TECH cannot guarantee that keeping the default Software settings recommended by GDPR Assistant will be sufficient to ensure proper security of Personal Data by the Licensee.

6. External programs

6.1. The Software enables collaboration with other programs used by the Licensee (such as graphic design software etc.). In such case, PIXEL-TECH is not responsible for proper processing and securing of Personal Data shared with such external software.

7. Transfer of data

7.1. The Software enables sending and transferring Personal Data using several functionalities. PIXEL-TECH is not responsible for the security of data exported from the Software and transferred vie e-mail or external data carriers (such as: pen drive, CD or portable drives). PIXEL-TECH provides access to a service enabling secure Personal Data transfer as optional functionality of Secure Cloud Storage.

7.2. The Software enables printing Data of several persons in one template. The Licensee is responsible for delivering photographs to authorized persons, and in case of using this function, the Licensee is obliged to exercise due diligence in order to avoid mistakes.

8. Securing data storage

8.1. For the purposes resulting from the Software functionalities, all Data processed in it are stored for the period defined by the Licensee in the configuration window. In case of activating GDPR Assistant, it will suggest the period of recommended storage. At the end of a given period, the data are removed, and it is possible to archive the data if the Licensee enabled archiving function in the program settings.

8.2. The Software has no functionalities that would enable archiving of Data. All Data are stored for the period defined by the Licensee in the configuration window. In case of enabling the GDPR Assistant, it will suggest the recommended storage period. This period may be prolonged by the Licensee who bears sole responsibility for obtaining the consent of person to whom the Data refer, or for finding other grounds for processing the stored Data. 

8.3. In order to simplify Data storage, they are recorded in the terminal in which the Software is available, in localization chosen by the Licensee In order to maintain Data security, and to read recorded files, active Software license is required.

9. Additional consents

9.1. When using Software functionalities requires additional consent from a Client, the Software may inform the Licensee of the situation by way of proper notification. However, the Software does not serve to obtain or archive such consents, and decision to use given functionality is made by the Licensee on the basis of permissions received from the persons to whom data refer.

10. GDPR Assistant

10.1. Due to the fact that introduction of GDPR constantly forces PIXEL-TECH to introduce changes to the Software, designed to improve security of Personal Data processed with the Software, the function of GDPR Assistant was introduced. This function means that for Software functionalities with special meaning for Personal Data protection, additional information and explanations may be displayed. They serve to provide additional information on how the Software helps the Licensees meet GDPR requirements and how to make the best use of them.
