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lt:bendros_salygos
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lt:bendros_salygos [2021/12/13 09:33] ignas [3. SISTEMOS NAUDOJIMAS / SYSTEM USE] |
lt:bendros_salygos [2021/12/13 09:34] ignas [5. ŠALIŲ PATVIRTINIMAI / CONFIRMATIONS OF THE PARTIES] |
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| All Intellectual property is owned by DIRECTO and is not transferred to the Client under the Agreement. Regardless of the License fee paid, the Client shall not acquire any rights to the System, System software code, other Intellectual property or any of their components. | All Intellectual property is owned by DIRECTO and is not transferred to the Client under the Agreement. Regardless of the License fee paid, the Client shall not acquire any rights to the System, System software code, other Intellectual property or any of their components. | ||
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| - | | | + | ! |
| 4.2. | 4.2. | ||
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| Linija 418: | Linija 418: | ||
| In all cases, the Client is prohibited from: | In all cases, the Client is prohibited from: | ||
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| - | | | + | ! |
| 4.2.1. | 4.2.1. | ||
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| Copying, modifying, selling, or otherwise disclosing System software code or other Intellectual property; | Copying, modifying, selling, or otherwise disclosing System software code or other Intellectual property; | ||
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| - | | | + | ! |
| 4.2.2. | 4.2.2. | ||
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| Linija 432: | Linija 432: | ||
| Accessing System module structure, including but not limited to, primary HTML, ASP, JavaScript, SQL and VBScript texts; | Accessing System module structure, including but not limited to, primary HTML, ASP, JavaScript, SQL and VBScript texts; | ||
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| - | | | + | ! |
| 4.2.3. | 4.2.3. | ||
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| Linija 439: | Linija 439: | ||
| Providing third parties with access to the System’s software code; | Providing third parties with access to the System’s software code; | ||
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| - | | | + | ! |
| 4.2.4. | 4.2.4. | ||
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| Linija 446: | Linija 446: | ||
| Using the System in breach of the provisions of clause 3.7 of the Agreement; | Using the System in breach of the provisions of clause 3.7 of the Agreement; | ||
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| - | | | + | ! |
| 4.2.5. | 4.2.5. | ||
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| Linija 453: | Linija 453: | ||
| Granting access to the System (e.g., //“user”// rights or other access to non-Client employees) or, regardless of the form of fault, create conditions to get such access for any third party who is not a User (p. 1.15). | Granting access to the System (e.g., //“user”// rights or other access to non-Client employees) or, regardless of the form of fault, create conditions to get such access for any third party who is not a User (p. 1.15). | ||
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| - | | | + | ! |
| 4.3. | 4.3. | ||
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| Linija 464: | Linija 464: | ||
| {| style="" | {| style="" | ||
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| - | | | + | ! |
| - | **5.1.** | + | 5.1. |
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| Klientui yra išaiškinta, jam suprantama ir jis aiškiai sutinka su tuo, kad: | Klientui yra išaiškinta, jam suprantama ir jis aiškiai sutinka su tuo, kad: | ||
| Linija 471: | Linija 471: | ||
| It is explained to the Client, understood and explicitly agreed that: | It is explained to the Client, understood and explicitly agreed that: | ||
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| - | | | + | ! |
| 5.1.1. | 5.1.1. | ||
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| Linija 478: | Linija 478: | ||
| The Client uses the System at its own risk. The System is a software-based business tool. The Client is fully responsible for all and any data uploaded, input, processed by the System. The Client is also fully responsible for any and all results that are obtained by the System on the basis of such Client data. | The Client uses the System at its own risk. The System is a software-based business tool. The Client is fully responsible for all and any data uploaded, input, processed by the System. The Client is also fully responsible for any and all results that are obtained by the System on the basis of such Client data. | ||
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| - | | | + | ! |
| 5.1.2. | 5.1.2. | ||
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| Linija 485: | Linija 485: | ||
| The System is available to the Client //as is// and //as available//. This includes, but is not limited to: i) the Client is granted the right to use the System to the extent provided for in the License plan purchased by the Client; ii) the System has the following modules and module functionality (including functions, algorithms, possible parameters and settings, etc.) that DIRECTO has programmed at the time the Client uses the System (an example list of System modules is available on the DIRECTO website: [[https://directo.lt/moduliai]]; iii) although the System is programmed according to best practices, the System is not specifically tailored to the Client’s business or individual business needs, e.g. may not have specific functions required for the Client’s business, etc. Any adaptation of the System to the Client’s specific business needs, including but not limited to functions not programmed in existing System modules, may be performed by providing Additional services (Part 4 of the Special Terms) according to a separate order of the Client, which would be performed in accordance with the terms agreed by the Parties; iv) System failure is not considered to be a situation where the System does not have functionality specific to the Client’s business or individual business needs. | The System is available to the Client //as is// and //as available//. This includes, but is not limited to: i) the Client is granted the right to use the System to the extent provided for in the License plan purchased by the Client; ii) the System has the following modules and module functionality (including functions, algorithms, possible parameters and settings, etc.) that DIRECTO has programmed at the time the Client uses the System (an example list of System modules is available on the DIRECTO website: [[https://directo.lt/moduliai]]; iii) although the System is programmed according to best practices, the System is not specifically tailored to the Client’s business or individual business needs, e.g. may not have specific functions required for the Client’s business, etc. Any adaptation of the System to the Client’s specific business needs, including but not limited to functions not programmed in existing System modules, may be performed by providing Additional services (Part 4 of the Special Terms) according to a separate order of the Client, which would be performed in accordance with the terms agreed by the Parties; iv) System failure is not considered to be a situation where the System does not have functionality specific to the Client’s business or individual business needs. | ||
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| - | | | + | ! |
| 5.1.3. | 5.1.3. | ||
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| Linija 492: | Linija 492: | ||
| DIRECTO makes no warranty that: i) the System is specifically tailored to the Client's business or individual business needs and, as a result, the System will meet all of the Client's expectations in every possible respect; ii) access to the System will be uninterrupted, the System will operate exclusively without errors at all times and that all errors in the System can be corrected and will be corrected; iii) in the User manual, there are answers only to the most common questions of use of the System, therefore DIRECTO does not guarantee that the User manual contains all the answers to questions that may arise for the Client/User while using the System; similarly, DIRECTO does not guarantee that all information provided in the User manual is relevant and does not need to be updated; iv) the results obtained through the System will be accurate and reliable in all possible respects; v) the System works and is compatible with all and any hardware/computer and/or software. | DIRECTO makes no warranty that: i) the System is specifically tailored to the Client's business or individual business needs and, as a result, the System will meet all of the Client's expectations in every possible respect; ii) access to the System will be uninterrupted, the System will operate exclusively without errors at all times and that all errors in the System can be corrected and will be corrected; iii) in the User manual, there are answers only to the most common questions of use of the System, therefore DIRECTO does not guarantee that the User manual contains all the answers to questions that may arise for the Client/User while using the System; similarly, DIRECTO does not guarantee that all information provided in the User manual is relevant and does not need to be updated; iv) the results obtained through the System will be accurate and reliable in all possible respects; v) the System works and is compatible with all and any hardware/computer and/or software. | ||
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| 5.1.4. | 5.1.4. | ||
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| Linija 499: | Linija 499: | ||
| All and any data in the System shall be used by the Client at the Client's sole risk. The Client will be fully responsible for any and all loss/damage that such data causes to the Client's computer systems or data. | All and any data in the System shall be used by the Client at the Client's sole risk. The Client will be fully responsible for any and all loss/damage that such data causes to the Client's computer systems or data. | ||
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| - | | | + | ! |
| 5.1.5. | 5.1.5. | ||
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