The MODUS program is protected by copyright. All rights reserved. No part of the program may be copied or used in a manner inconsistent with the License below. The owner of all copyrights and proprietary rights is RHO Software Mariusz Okoński.

§ 1

The subject of the license is the Modus ERP software produced by RHO Software (hereinafter referred to as the „Licensor” or „Producer”), along with accompanying materials (hereinafter referred to as the Software).

§ 2

The Licensor undertakes to grant a non-exclusive and non-transferable license to use the Software, in the number of workstations confirmed by the purchase invoice for a single business entity (hereinafter referred to as the „Licensee”). Use of the program by other business entities (with a different tax ID number) associated with the Licensee is prohibited.

§ 3

The license agreement is concluded for the period indicated on the software purchase document.

§ 4

1. The Software along with the accompanying materials is licensed, not sold, which excludes any civil liability for warranty and guarantees. There is also no possibility of returning the license.
2. The Software is protected by copyright, international convention provisions, and other intellectual property protection laws.

§ 5

The Software is the property of the Licensor and does not infringe on the intellectual property rights of third parties.

§ 6

The license to use the software is granted for one database as follows:

• in the single-user version - one copy on one computer;
• in the multi-user version - on as many workstations as specified in the sales document for the given version;
• in the server version - installation on one computer with simultaneous access by many users at the same time. The number of workstations means the number of simultaneous connection sessions and is specified in the sales document.

§ 7

1. Without the written consent of the Licensor, the Licensee may not:
   • resell, rent, lease, lend, or otherwise distribute the Software,
   • decompile, modify, or otherwise interfere with the Software,
   • create derivative software,
   • perform translations,
   • make changes to the manual,
   • remove or obscure trademarks placed on the Software and its copies.
2. The Licensee is entitled to make only one copy of the Software for security purposes.
3. The Licensee is entitled to use the Software only and exclusively for the needs of their own enterprise.
4. The Licensee may assign the rights to the Software only with the written consent of the Licensor.
5. Violation of the license provisions by the Licensee will be treated as immediate termination of the license.
6. Compensation for damage to the Licensor due to non-compliance with the agreement by the Licensee will follow generally accepted principles.

§ 8

The Licensor and its dealers are not liable for any damages resulting from the use or inability to use the Software.

§ 9

The Licensor is not responsible for the client's databases, their consistency, or content. Interfering with the databases without using the Modus program results in the loss of the warranty. RHO Software does not interfere with the data contained in the client's database.

§ 10

In case of payment arrears to RHO Software, the Producer reserves the right to block the Software until the arrears are settled. Functionality will be restored after the payment of all arrears is credited to RHO Software's account.

§ 11

Any changes to the licensing rules will be recorded as an „Annex to the License Agreement.”

§ 12

The license is granted exclusively in the B2B model (the Licensor does not conduct retail sales) and therefore the competent court for resolving disputes arising from the agreement is the court competent for the registered office of RHO Software.

§ 13

Installation of the Software is equivalent to acceptance by the Licensee of these License Terms. The license terms are effective from the moment they are published. RHO Software reserves the right to make changes to them. Any changes become effective at the moment they are published on the pomoc.rho.pl website.

§ 14

The Producer undertakes to make every effort to eliminate software piracy. In this context, the Software may contain a mechanism that detects the installation or use of illegal copies of the Software, blocks access to the Software, and collects and transmits data about these illegal copies. By using the Software, the End User consents to the detection, collection, transmission, and use of this data if an illegal copy is detected. The Producer also reserves the right to use a blocking tool, license administration software, and/or license authorization key to control access to the Software. It is forbidden to take any actions aimed at bypassing or disabling any of these mechanisms. Use of the Software without the required blocking device or authorization key provided by RHO is prohibited.

The Licensee has the right to:

1. Create one copy of the Software for security purposes, provided that all copyright notices and other remarks included in the Software are reproduced.
2. Install the Software on the number of computer workstations compliant with the ordered version and confirmed by the purchase invoice(s) for a single business entity.
3. Fully utilize the content included in the Software by the Producer only and exclusively for their own needs.

The Licensee does not have the right to:

1. Derive financial benefits from the distribution of the Software without the written consent of the Producer.
2. Use the substantive content included in the Software for further publication, reprint, or use for other purposes than their own.
3. Translate, decompile, or use other similar methods to analyze the Software.
4. Modify the Software or combine parts or all of the Software with other programs.

GENERAL SOFTWARE WARRANTY CONDITIONS

1. The Producer - RHO Software, based in Krakow, ul. Balicka 164A, hereinafter referred to as „RHO Software,” provides the end user of the Software (hereinafter referred to as the „User”) with a warranty for computer programs, hereinafter referred to as the Software.
2. Warranty rights are granted based on the sales document and Software License provided to the User along with the Software, and provided that the User has entered into a written software sale agreement with RHO SOFTWARE or an RHO SOFTWARE Partner.
3. The warranty covers a period of 12 months from the date of sale (confirmed by the sales document) of the Software by RHO Software.
4. The warranty covers:
   • the functioning of the Software in accordance with its documentation, which includes the program's „help” function and other installation information files;
   • the possibility of conducting activities in compliance with the binding Polish law during the warranty period within the scope of documented functions of the Software;
   • access to information about the Software provided on the Producer's website and with RHO SOFTWARE Partners;
   • the possibility of purchasing additional Software licenses only during the valid warranty period; the purchase of additional Software licenses made during the warranty period does not extend the warranty period;
   • the right to receive new versions of the Software upon request within the original purchase price of the Software; however, this does not include shipping costs, data carriers, or Software installation, which the User bears at their own expense. Information about current Software versions is available from the Producer, especially on the website https://www.serwis.rho.pl and http://www.pomoc.rho.pl
   • the right to technical support for using the Software only through the producer's ticketing portal https://www.serwis.rho.pl as well as through implementation reports written by the Producer's employees. All telephone reports will not be recorded or considered and cannot be the basis for any claims. The User is obliged to use the user manual available at http://www.pomoc.rho.pl, and any questions about the system's functionality that are published in this manual will not be accepted.
5. The Software warranty does not cover:
   • RHO SOFTWARE's obligation to install the Software free of charge, provide Software usage training, or implement the Software. The costs incurred by the User in this regard are not covered by these Software Warranty Conditions, and any related claims cannot be directed to RHO SOFTWARE.
   • RHO Software's obligation to check the correctness of database entries managed by the Software, correct them, or maintain them.
   • RHO Software's obligation to install, check, set up, correct, or maintain: networks, servers, workstations, printers, or other client equipment.
   • RHO Software's obligation to update special functions of the Modus ERP system performed on individual orders, particularly dedicated analyses, reports, and dedicated exports.
6. The Scope of the Warranty and User's warranty entitlements:
   • Under the warranty, the Producer is obligated to correct errors in the Software, where errors are defined as Software functionality that is not in accordance with the documentation or, within the documented functions of the Software, functionality that does not comply with binding Polish law during the warranty period.
   • The User must report detected Software errors through their account on www.serwis.rho.pl and, if necessary, provide explanations needed to identify them no later than 14 days after detecting the error. If this deadline is exceeded, warranty services will not be provided.
   • The Producer undertakes to correct the error within 14 days of locating it if the errors result in such entries in the database or on printouts that cause distortion of the amounts of liabilities and receivables to offices or other persons. If correcting the error due to its complexity requires significant effort, this period may be extended, with the Producer making every effort to correct the errors as soon as possible. Software errors that do not cause the aforementioned effects will be corrected by the Producer in subsequent versions of the Software.
   • The Producer is not liable for warranty or damages for the consequences of using the Software in conditions of improper computer system operation caused by hardware defects and the operation of foreign software or improper system installation, as well as in cases of incorrect Software operation, incorrect interpretation of results, ignorance of legal regulations, or interference with the Software or databases by unauthorized persons or third-party software.
   • In the case of asserting warranty rights, the User is obliged to document the purchase of the Software from an authorized person with a written sales agreement and the acquisition of rights resulting from these warranty conditions.
   • The User claiming damages from the Producer for damages caused by proven Software errors is entitled to total compensation up to the amount paid by the User for the Software.
   • Liability for the User's damages consisting of lost benefits that they could have achieved if the damages had not been caused is excluded.
   • Warranty rights apply to the User only concerning the current version of the Software.
   • Warranty conditions are effective from the moment they are published. RHO Software reserves the right to make changes to them. Any changes become effective when they are published on the pomoc.rho.pl website.

GENERAL TERMS OF DELIVERY OF MODUS SYSTEM UPGRADES

1. After the warranty period, the User is entitled to purchase annual rights to new versions of the Software (hereinafter referred to as „Upgrade”).
2. The standard remuneration for providing Upgrades is:
   • 20% of the Software Value, when the Upgrade is purchased during the warranty period or previous Upgrade period (timely upgrade). The Timely Upgrade covers the period of the next 12 months from the end date of the previous Upgrade or warranty period.
   • 30% of the Software Value, if the purchase is made after the warranty or previous Upgrade period has expired, and before 6 months have passed since the expiration of the warranty or previous Upgrade. The Untimely Upgrade covers the period of 12 months from the date of purchase (untimely upgrade 30%);
   • 40% of the Software Value, if the purchase is made after 6 months have passed since the expiration of the warranty or previous Upgrade, and before 12 months have passed since the expiration of the warranty or previous Upgrade. The Untimely Upgrade covers the period of 12 months from the date of purchase (untimely upgrade 40%);
3. The purchase of an Upgrade is only possible for all workstations and Software components installed and used by the User within 12 months of the expiration of the warranty or previous Upgrade. Refusal to purchase an Upgrade for selected modules or workstations means the User agrees to suspend the use of these modules or workstations until the purchase of an Untimely Upgrade for these selected modules or workstations - in such a case, the price depends on the period between the suspension date and the purchase date of the Untimely Upgrade and is specified in the current RHO Software product price list on the day of purchase of the Untimely Upgrade. The purchase will enable the acquisition of rights resulting from the purchase of the Upgrade for the previously suspended modules or workstations, but it does not extend the Upgrade period purchased for the remaining modules or workstations.
4. The Upgrade includes:
   • the right to receive new versions of the Software upon request, available from the Producer or RHO Software Partners. The Upgrade does not cover the costs of shipping, data carriers, or Software installation, which the User always bears at their own expense. Information about current Software versions is available from the Producer (in particular on the website: www.serwis.rho.pl)
   • delivery of the new version of the Software within 14 days from the date of error reporting by the User if the errors result in such entries in the database or on printouts that cause distortion of the amounts of liabilities and receivables to offices or other persons. If correcting the error due to its complexity requires significant effort, this period may be extended, with the Producer making every effort to correct the errors as soon as possible. Software errors that do not cause the aforementioned effects will be corrected by the Producer in subsequent versions of the Software.
   • the User's right to access information about the Software - provided in the Producer's media, such as the Internet, and with RHO Software Partners.
5. The Producer will ensure that new versions of the Software delivered under the Upgrade will comply with the Software documentation, which includes: the User Manual with current supplements, the program's „help” function available through www.pomoc.rho.pl and other installation information files, and that within the documented functions of the Software - the Software provides the possibility of conducting activities in compliance with binding Polish law during the Upgrade period.
6. The Upgrade does not include the right to a new version of the Software if the Software defect (error) arose or was detected during the period from the date of expiration of the previous Upgrade or warranty to the date of purchasing the Upgrade.
7. The price of the Upgrade is specified in the current RHO Software product price list on the day of purchase of the Upgrade, particularly in the written Upgrade delivery agreement.
8. The price of the Software Upgrade consisting of several modules will be the sum of the Upgrade prices of individual modules (including the first and subsequent workstations) of the Software, even if the Software was purchased as one product consisting of several modules, particularly concerning promotional packages.
9. The price calculation for the Upgrade takes into account the number of workstations of all Software components owned by the User, as recorded on the day of purchase of the Upgrade.
10. The Producer reserves the right to refuse the sale of the Upgrade.
11. The Upgrade terms are effective from the moment they are published. RHO Software reserves the right to make changes to them. Any changes become effective when they are published on the pomoc.rho.pl website.