Valid from 1 January 2023

IMPORTANT!

Please read the agreement for the use of the Call Register (hereinafter Software) carefully before completing the installation process.

This agreement gives you permission to use the Call Register software, contains warranty information and limitations of liability.

By downloading, installing, copying, using, or clicking on the "accept" or other approval button of the Software, you acknowledge that you have read, understood, confirm, accept, agree to be bound by this Agreement.

If you do not agree to any provision of the Agreement or are not authorized to accept its terms, you should immediately click the "Cancel" button to abort the download or installation.

If you are registering on behalf of a legal entity or unincorporated association or organization, you also represent that you have the appropriate authority and jurisdiction to be authorized and bound by these Terms and Conditions on behalf of the entity or organization on whose behalf you are registering. If you do not have sufficient authority and jurisdiction to accept this Agreement on behalf of another, you should not install or use the Software or accept the terms of this Agreement.

End User License Agreement

entered into by and between
The owner of the license is YGT Informatikai és Szolgáltató Kft (6726 Szeged, Hársfa utca 25/2., Cg: 06-09-026505, tax number: 28961107-2-06.) hereinafter referred to as the Licensee, Licensor,

on the other hand

You, as a natural person or legal entity, or a company without legal personality, as a person using the software service, hereinafter referred to as the End User.

This Agreement is a legal agreement that governs the use of the Call Register software, the end-user's entitlements and obligations, whether obtained directly from YGT Ltd, Licensor or indirectly through an authorised reseller or distributor.

The Software allows the End User to record and organise telephone calls and related information.

This Agreement applies only and exclusively to the Software produced by YGT Information Technology and Services Ltd, whether or not it refers to other software, and applies to updates, add-ons, Internet-based service and software support service produced by the Licensor.

The Licensor stipulates that the end-user does not acquire ownership of the Software under this Agreement, but only rights of use.

The Licensor stipulates that it will provide an exclusive access interface to the Call Register system and its services, but will not know or handle the end user's personal data.

YGT Informatikai és Szolgáltató Kft. reserves all right, title and interest in and to the Software and has the exclusive right to create, modify, update and terminate.

YGT Informatikai és Szolgáltató Kft. as the licensor grants the end user a personal, non-transferable, time-limited, non-exclusive license to use the Software.

YGT Informatikai és Szolgáltató Kft. grants the End User permission to download and use the Software on its mobile device, but it is the End User's responsibility to monitor the download and to ensure that the device used to use the Software meets the minimum requirements for use of the Software.

The licence shall cover the extent necessary for the proper use of the Software, including in particular any reproduction that is indispensable for installation and display.

The end-user's right to use the Software shall include updates of the Software, which shall be provided free of charge by the Licensor.

The end user shall be liable under civil and criminal law for the lawful use of the Software.

The licence does not cover:

You may not install the Software on a device that is not owned, possessed or used by the end user.

The license does not cover the adaptation of the Software and the reproduction, rental, leasing, sublicensing, reproduction for any commercial purpose, copying, distribution, sale of the Software.

The end user shall not be entitled to adapt, modify (in whole or in part), reverse engineer, reverse compile, decompile, decompile into parts, or recover the source code in any way.

The end user shall not permit any third party other than the end user to use the Software in the name or for the benefit of any third party (non-contractual right of use).

The end user may not use the Software for any purpose that infringes the rights and interests of YGT Informatikai és Szolgáltató Kft or that is contrary to Hungarian or international law.

Limited purpose licence:

The use of the Software is time-limited because the Licensor grants you the right to use the Software only during the term of this Agreement.

End User is not entitled to make the Software available on a network that would allow simultaneous use by multiple users or multiple devices.

YGT Informatikai és Szolgáltató Kft. expressly states that the end user does not acquire ownership of the Software under this agreement.

YGT Informatikai és Szolgáltató Kft. informs the end users that all images, text and other content and their layout, logos, characters and graphics contained in the Software are protected by copyright and other intellectual property rights, to which it has exclusive and unrestricted ownership and use.

Any use of the Software and any content displayed therein by anyone other than the end user, and any further use thereof, is prohibited without the written permission of YGT Informatikai és Szolgáltató Kft.

You may not reproduce all or any part of the Software for sale or profit or use in any other work, publication or website without the written permission of YGT Informatikai és Szolgáltató Kft.

YGT Informatikai és Szolgáltató Kft declares that it will take action to the fullest extent possible against any person infringing its rights in the Software in order to protect its rights in the Software.

YGT Informatikai és Szolgáltató Kft. may bring the following claims against the infringing persons in the event of infringement of its copyright pursuant to Section 94 (1) of Act LXXVI of 1999:

• a) demand a judicial declaration that the infringement has been committed;
• b) demand that the infringement or the imminent threat of infringement cease and that the infringer be prohibited from further infringement;
• c) demand that the infringer provide satisfaction, by declaration or other appropriate means, and that, if necessary, adequate publicity be given to the satisfaction by and at the expense of the infringer;
• d) require the infringer to provide information about the persons involved in the production, distribution or performance of the infringing goods or services, and about the business relationships established for the infringing use;
• e) claim restitution of the enrichment obtained by the infringement;
• f) demand that the harmful situation be remedied, that the situation prior to the infringement be restored, and that the means and materials used exclusively or principally for the infringement and the things produced by the infringement be seized, handed over to a specified person, recalled from the market, permanently removed from the market or destroyed.

YGT Informatikai és Szolgáltató Kft. also has the right to initiate civil proceedings for the payment of damages against the infringing persons in the event of infringement of its personality rights pursuant to Section 2:52 (1) of Act V of 2013 on the Civil Code, and to initiate criminal proceedings for the infringement of copyright or copyright-related rights pursuant to Section 385 (1) of Act C of 2012 on the Criminal Code.

YGT Informatikai és Szolgáltató Kft is entitled at any time to modify this statement and to publish the copyright statement consolidated with the modifications.

Trade secret, confidential information means any information that comes to the knowledge of the end user in the course of using the Software and that is related to the business, marketing, pricing, research and development, know-how, technical activities of YGT Informatikai és Szolgáltató Kft., which is classified as a trade secret or confidential information by the Licensee or the Licensee's rightful owner.

The data and information containing trade secrets may be disclosed to third parties without the prior written consent of YGT Informatikai és Szolgáltató Kft. only if required by law, court or official decision.

The End User shall use all necessary means within the scope of its own operations to prevent the unintentional disclosure of commercial information.

The end-user shall be bound to observe secrecy with regard to any facts, data or information coming to its knowledge and the conclusions which may be drawn therefrom, and shall use them only to the extent necessary for the performance of the contract.

It does not constitute a breach of a trade secret:

• the release of publicly available information,
• 3. disclosure of a trade secret obtained from a person in the course of trade, in good faith and for valuable consideration,
• disclosure of a trade secret to a body entitled to act in the acquisition of a trade secret,
• for the purpose of preventing, avoiding, preventing the consequences of, or reducing the impact of, a breach of the law or of the general requirements of commercial fairness, to the extent justified by the purpose, in order to protect the public interest,
• where the acquisition, use or disclosure of a trade secret is required or permitted by a directly applicable Union act or law.

In the event of a suspected breach of confidentiality, the end user is obliged to cooperate with YGT Informatikai és Szolgáltató Kft. in every possible way to clarify the circumstances and prevent any further breach of confidentiality. In the event of a breach of confidentiality by the end user, the end user shall be fully liable for any moral and material damage suffered by the licensee.

The obligation of confidentiality shall continue to apply during the term of this Agreement and after its termination, without time limitation.

YGT Informatikai és Szolgáltató Kft, as the licensee, may, at its option and discretion, use any end-user feedback that it receives as feedback during the use of the Software, and it shall acquire the right to use such end-user feedback without compensation, time or geographical limitation.

By accepting this Agreement, the end user grants the licensee an unrestricted license to use, host, store, reproduce, modify, create derivative works from, communicate, share, publish, publicly perform, publicly display, distribute, incorporate into products, technologies, other software developed and/or owned by the licensee, the content of the feedback without any specific statement to that effect and without any royalty.

YGT Informatikai és Szolgáltató Kft, is under no obligation to respond to end-user feedback or incorporate it into the Software.

The privacy statement and policy of YGT Informatikai és Szolgáltató Kft. contains its privacy policy, the detailed rules of which can be found on the website https://www.callregister.eu/en/privacy-policy/

By installing and launching the Call Register Software, the end user consents to the use of his/her personal data in accordance with the privacy policy of the owner of the lincenc.

YGT Informatikai és Szolgáltató Kft, records that it provides exclusive access to the Call Register System and its service access, but does not know, process, use, process or transfer the end user's personal data.

The legal basis for processing is Article 6(1)(a) of 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: GDPR), which requires the consent of the user concerned and (b) the performance of a contract of use between the service provider and the user.

The recipients of the processing are the Licensee and the end user.

Duration of processing: The data may be processed during the duration of the contract or within the statutory limitation period for claims arising from the contract under the Civil Code to the extent necessary to enforce the claims, i.e. for 5 (five) years after the termination of the contract.

YGT Informatikai és Szolgáltató Kft. warrants that it will provide the end user with Software that works in accordance with the contract and the applicable legislation for the duration of the end user contract.

YGT Informatikai és Szolgáltató Kft. undertakes to correct, free of charge, any defects in the operation of the Software that prevent the end user from using it.

YGT Informatikai és Szolgáltató Kft. shall not be under any warranty obligation if the reported defect:
- is due to the end user's incompetence;
- it results from improper operation of the equipment used by the end user;

The end-user may claim damages if it is proven that the damage results from a defect in the Software or from the failure to perform the warranty tasks in a timely manner, provided that the defect was reported in a timely manner. The Licensee's liability for damages shall be proportionate to the damage suffered, up to a maximum amount not exceeding the amount of the Service Fee excluding VAT currently paid by the end user for the use of the Software.

The End User shall not be entitled to claim for any educational activities under the warranty under the End User Agreement.

YGT Informatikai és Szolgáltató Kft makes the Software available to the end user with reasonable care and skill, but does not assume any responsibility for the reliability, availability or suitability of other providers and services available through the Software to meet user needs.

YGT Informatikai és Szolgáltató Kft. assumes no liability:

• For losses not caused by its breach of these Terms and Conditions;
• any loss or damage which, at the time it occurs, is not a reasonably foreseeable consequence of its breach of these Terms and Conditions,
• for any losses attributable to any of the End User's business activities, lost profits, lost revenue, including loss of opportunity and loss of data.

YGT Informatikai és Szolgáltató Kft. total liability to you for any claim under these Terms and Conditions, including statutory warranties, shall be limited to the amount paid by you for the use of the Service (or, if the claim is for a limited service, limited to the re-provision of the Service).

YGT Informatikai és Szolgáltató Kft. is continuously developing the Software. It may introduce performance and security enhancements, modify functionality or features, or make changes to ensure legal compliance, prevent illegal activities or misuse, and therefore reserves the right to unilaterally change the Software and the terms and conditions.

YGT Informatikai és Szolgáltató Kft. will notify you of any material changes that may be deemed to adversely affect the use of the Software. Changes will be made without special notification if it is necessary to ensure the security and operability of the service, to prevent misuse or to comply with legal requirements.

YGT Informatikai és Szolgáltató Kft. is entitled to unilaterally amend these terms and conditions at any time by publishing a new end-user contract, consolidated with the amendments, and notifying the end-users.

The end user may stop using the Software at any time if he so chooses.

YGT Informatikai és Szolgáltató Kft. may terminate the contract in whole or in part, and may terminate the Software service to end users upon 30 days' notice.

If the end user is in material breach or repeated breach of the terms of this agreement, its access to the Software may be suspended or permanently disabled.

The end user will be notified in advance of any suspension or disabling of access. Suspension or disabling of access without notice will occur if you use the Software in a way that causes legal liability problems for the licensee or prevents other end users from accessing and using the Software.

YGT Informatikai és Szolgáltató Kft, 6726 Szeged, Hársfa utca 25/2., support@callregister.eu

Governing law

YGT Informatikai és Szolgáltató Kft. is the developer and owner of the Software and the place of performance of the service is Hungary, therefore Hungarian law shall apply to the use of the Software, copyright and all matters relating to the service.

Jurisdiction

The jurisdiction and competence of the courts are determined by Regulation (EU) No. 1215/2012 of the European Parliament and of the Council and Act XXVII of the European Parliament and of the Council on Private International Law.

The end-user (who may be either a private person or a legal entity) and YGT Informatikai és Szolgáltató Kft agree to bring proceedings before the Szeged General Court or the Szeged District Court in the event of litigation under the Hungarian procedural law rules (exclusive jurisdiction).

This end-user contract is valid from 1. January 2023.