LICENCE AGREEMENT

1. General provisions

1.1 This document constitutes a licence agreement concluded by the User (as the licensee) with Wiktor Mertka, conducting business activity under the business name Mervision Wiktor Mertka, Rotmanka (Poland), ul. Bajki 15a/13, NIP: 6040272133, REGON: 545305973 (as the licensor), covering a licence authorising the User to use the Inspectra BIM software in the Inspectra Audit version, on the terms arising from this agreement. The agreement determines and shapes the rights and obligations connected with the use of Inspectra BIM in the Inspectra Audit version in accordance with the licence granted and in line with its scope. In the scope not regulated by the Licence Agreement, the relevant provisions of the Website Terms and Conditions and of the laws generally applicable in the territory of Poland shall apply.

1.2 Acceptance of this document is voluntary; it is, however, necessary for the licence to be granted, for access to the Inspectra BIM software in the Inspectra Audit version to be obtained and for its functionalities to be used. The User undertakes to read and accept the content of the EULA, and also to make this document and the Website Terms and Conditions available to Authorised Users and to acquaint them with their content. Acceptance of the Licence Agreement or use of the Inspectra BIM software in the Inspectra Audit version is tantamount to acceptance of all provisions of this licence agreement.

1.3 The User (including Authorised Users) is obliged to use Inspectra BIM in accordance with the terms, rules and scope of the licence granted to it under the Licence Agreement, as well as in a manner compliant with the applicable provisions of law, the Website Terms and Conditions, the content of the agreements concluded, including in particular the Licence Agreement, and also with the principles of social coexistence and without infringing the rights of Mervision or of third parties. The User (including Authorised Users) is also obliged to refrain from taking any actions consisting in introducing, within the operation of the Website or of Inspectra BIM, content which infringes the laws generally applicable in the territory of Poland and in the Users' respective countries (taking into account the law arising from the international agreements concluded).

1.4 The User (including Authorised Users and persons acting on behalf of or for the benefit of the User) represents that it has full capacity to perform legal acts and is effectively and properly authorised, including empowered, to conclude the Licence Agreement and to make lawful use of all materials, documents or information entered into the Inspectra BIM software or created in connection with the use of the Inspectra BIM software.

1.5 The User represents that it has read the Website Terms and Conditions and the provisions of this licence agreement, understands them and accepts them in their entirety.

1.6 The User represents that it has read the description of the Inspectra BIM software in the Inspectra Free and Audit versions, knows and understands the principles of its operation and the functionalities provided for in those versions, and in particular understands that the Inspectra Free and Inspectra Audit versions do not cover all functionalities of the Inspectra BIM software, and that access to the Inspectra BIM functions which are not available within the Inspectra Free and Inspectra Audit versions requires the conclusion of a separate licence agreement or licence agreements covering access to the Inspectra Edit version or other versions and the use of the Inspectra BIM functionalities provided for in those versions in accordance with the terms of the relevant licence agreements.

2. Definitions

2.1 Mervision – the author of Inspectra BIM and the owner of the Website, i.e. Wiktor Mertka, conducting business activity under the business name Mervision Wiktor Mertka, Rotmanka (Poland), ul. Bajki 15a/13, NIP: 6040272133, REGON: 545305973, contact e-mail address: contact@inspectrabim.com.

2.2 Inspectra BIM – the computer program (software) Inspectra BIM created and offered by Mervision, to which Mervision holds all relevant copyrights and rights arising from the provisions of law governing intellectual property. A description of the functionalities of Inspectra BIM is available on the Website.

2.3 Inspectra Free – the free version (module) of Inspectra BIM, made available by Mervision for free download on the Website. A description of the functionalities of Inspectra Free is available on the Website.

2.4 Inspectra Audit – the version (module) of Inspectra BIM constituting an extension of the functionalities of Inspectra Free by the additional functionalities described on the Website, access to and use of which is possible after the conclusion with Mervision of the Licence Agreement and after payment of the appropriate licence fee.

2.5 Inspectra Edit – the version (module) of Inspectra BIM constituting an extension of the functionalities of Inspectra Free by the additional functionalities described on the Website, access to and use of which is possible after the conclusion with Mervision of the relevant licence agreement concerning the use of this version of Inspectra BIM and after payment of the appropriate licence fee.

2.6 Website – the website operated by Mervision at the following internet address: https://inspectrabim.com.

2.7 User – a Business Customer (including its authorised representative) that uses Inspectra BIM in the Inspectra Audit version in accordance with the Licence Agreement concluded, using a User Account.

2.8 Authorised User – a natural person who has obtained access from the User, including seat-based access within the access granted to that person by the User, and who has been authorised by the User to use Inspectra BIM in the Inspectra Audit version in accordance with the Licence held by the User and with the Licence Agreement, provided that the User is entitled under the Licence Agreement to grant such access to third parties. The Authorised User may use Inspectra BIM in the Inspectra Audit version solely by means of a User Account.

2.9 User Account – a free electronic service made available to the User or to the Authorised User by Mervision in order to enable the use of all functionalities of the Website or of the relevant functionalities of Inspectra BIM in accordance with the scope and terms of the Licences held by the User, as provided for in the relevant licence agreements concluded with Mervision. The User Account is the place of access to the data of the User or of the Authorised User entered by the User via the Website, and to information on the Licences held, including the Licence Agreements concluded. The User Account is created upon the User's correct completion of Registration on the Website. A User Account does not allow the conclusion of a Licence Agreement concerning Inspectra BIM in the Inspectra Audit or Inspectra Edit version if such a Licence is already assigned to it.

2.10 Business Customer – (i) a natural person having full capacity to perform legal acts who conducts sole-proprietorship business activity, (ii) a legal person (e.g. companies) established in accordance with the law of its home country, and (iii) an organisational unit without legal personality established in accordance with the law of its home country, or (iv) persons authorised to act on behalf of such persons or entities, including in particular persons empowered to use all functionalities of the Website and/or to conclude the Licence Agreement on the terms arising from the Website Terms and Conditions or from the Licence Agreement.

2.11 Licence – the licence to use Inspectra BIM in the Inspectra Audit version, offered on the Website or granted to the User by Mervision in accordance with the terms of the Licence Agreement, including in particular in accordance with the terms set out in clause 3 of the Licence Agreement.

2.12 Licence Agreement – this licence agreement, concluded by Mervision (as the licensor) and the User (as the licensee) for a definite period, covering a licence authorising the User to use Inspectra BIM in the Inspectra Audit version on the terms arising from this agreement, including setting out the rights and obligations connected with the licence granted in line with its scope. In the scope not regulated by the Licence Agreement, the relevant provisions of the Website Terms and Conditions shall apply.

2.13 Registration – the process of creating a User Account in accordance with the Website Terms and Conditions.

2.14 Website Terms and Conditions – the terms and conditions of the Website, available at the following internet address: https://inspectrabim.com/pl/terms/ (Polish language version) and https://inspectrabim.com/terms/ (English language version).

2.15 E-mail Address – the electronic mail (e-mail) address indicated by the User for the purposes of Registration and of contact with the User.

2.16 Privacy Policy – the document setting out the rules for the processing of the personal data of persons using the Website, available at the following internet address: https://inspectrabim.com/pl/privacy/ (Polish language version) and https://inspectrabim.com/privacy/ (English language version).

2.17 Licence Fee – the licence fee constituting the remuneration due to Mervision for granting the Licence to the User in accordance with the Licence Agreement.

3. Licence

3.1 Mervision grants the User a limited, non-exclusive, non-transferable (including non-assignable) and revocable licence which does not authorise the granting of further licences or sublicences, entitling the User, including Authorised Users, to (i) install and use Inspectra BIM in the Inspectra Audit version (the individual functionalities of this version of Inspectra BIM) by means of a User Account on one device at a time (where the User holds, within the Licence, the possibility of using one access seat to Inspectra BIM Audit) or on several devices (where the User holds, within the Licence, the possibility of using several access seats to Inspectra BIM Audit simultaneously, in the number selected by the User when submitting to Mervision the offer to conclude the Licence Agreement) supported by the Microsoft Windows operating system in the Windows 10 version or higher, in accordance with the terms of the Licence Agreement, for the purpose of carrying out work on BIM models or other technical or design documentation originating from the User (entered by the User), including such models or documentation created by the User, and (ii) make back-up copies of Inspectra BIM in machine-readable form solely for back-up purposes, provided, however, that the copy so created contains complete information on the copyrights vested in Mervision.

3.2 Mervision holds full ownership rights, copyrights and intellectual property rights to Inspectra BIM, including to its individual elements, to all content placed in this software and to the elements or functionalities available within the individual versions of Inspectra BIM, unless the relevant provisions of the Licence Agreement or of another agreement concluded with the User provide otherwise. Inspectra BIM is subject to legal protection arising from the generally applicable provisions of law in the territory of Poland and in the country of origin of the User or of the Authorised User (taking into account international treaties and agreements), including in particular from the provisions granting Mervision protection of copyright, intellectual property and business secrets.

3.3 Neither the User nor the Authorised User is under any circumstances entitled to grant further licences or sublicences concerning the use of Inspectra BIM, either in its entirety or with respect to its individual components or functions.

3.4 Neither the User nor the Authorised User is under any circumstances entitled, either with respect to the whole or to individual components or functions of Inspectra BIM, to copy Inspectra BIM (including its source code), to modify, disassemble, decrypt or decompile it, or to discover its source code for any purpose and in any manner, including in particular for the purpose of reproducing Inspectra BIM, creating derivative works or creating software with similar features, functions or properties.

3.5 Subject to and without prejudice to the relevant provisions of the Licence Agreement, neither the User nor the Authorised User is under any circumstances entitled to sell, rent, lease, distribute, host, disclose or otherwise commercially exploit Inspectra BIM, or to make Inspectra BIM available to third parties for any purpose and in any manner.

3.6 Neither the User nor the Authorised User is under any circumstances authorised, with respect to Inspectra BIM, to remove, alter or conceal any information about the ownership rights vested in Mervision, its partners, suppliers or licensors.

3.7 All intellectual property rights, copyrights and related rights connected with or arising from Inspectra BIM, as well as trade marks and business secrets, belong to Mervision.

3.8 Mervision reserves the ownership of all media carrying the original and the copies of Inspectra BIM, and reserves all rights and powers which have not been expressly and unambiguously granted to the User under the Licence Agreement.

3.9 This Licence Agreement (the Licence) does not under any circumstances authorise the User or the Authorised User to use Inspectra BIM in the Inspectra Edit version or in other paid versions of Inspectra BIM to any extent and in any manner, including in particular to use their individual functions.

3.10 For the avoidance of any doubt, the User and Mervision jointly agree that the Licence granted hereunder authorises the User or the Authorised User to use Inspectra BIM in the Inspectra Audit version solely in such a manner that (i) where the User, when completing the Form, selected access to one access seat to Inspectra BIM in the Inspectra Audit version – the User or the Authorised User may use Inspectra BIM in the Inspectra Audit version simultaneously solely on one end device supporting Inspectra BIM by means of one User Account, or (ii) where the User, when completing the Form, selected access to more than one access seat to Inspectra BIM in the Inspectra Audit version – the User or the Authorised Users may use Inspectra BIM in the Inspectra Audit version simultaneously solely on such a number of end devices supporting Inspectra BIM as is equal to (iia) the sum of the User's own User Account (1) and the number of User Accounts assigned to the Authorised Users to whom the User has made seat access to the Licence available, or (iib) the sum of the number of User Accounts assigned to the Authorised Users to whom the User has made seat access to the Licence available in the number consistent with the choice made as referred to above (by way of example: where the User selects 3 access seats in the Form, Inspectra BIM in the Audit version may be used simultaneously solely on 3 end devices, i.e. by means of the User Account and 2 User Accounts assigned to 2 Authorised Users, or by means of 3 User Accounts assigned to 3 Authorised Users).

3.11 Inspectra BIM in the Inspectra Audit version may be used solely by the User or the Authorised User.

3.12 The Authorised User may use Inspectra BIM in the Inspectra Audit version solely by means of a User Account.

3.13 This Licence is granted for a period of 1 (one) year, unless (i) Mervision and the User agree otherwise under a separate arrangement concluded by them at least in documentary form, on pain of nullity, or (ii) Mervision has granted the User access to the Licence for a trial period of several or a dozen or so days in accordance with the relevant provisions of the Website Terms and Conditions.

4. Conclusion of the Licence Agreement

4.1 The conclusion of the Licence Agreement requires an active User Account to which no restrictions have been applied in accordance with clause 4.13 of the Website Terms and Conditions.

4.2 The Licence Agreement is concluded upon the joint fulfilment of all the conditions below, but no earlier than upon the fulfilment of the last of them:

4.2.1 the User makes a selection of Inspectra BIM in the Inspectra Audit version in the Form available on the Website, including, where applicable, also indicates the number of access seats to Inspectra BIM in the Inspectra Audit version for which the Licence is to be active, and then the User confirms its selection by accepting the content of the terms of the Licence Agreement and clicking the “Buy licence” button;

4.2.2 the User (i) after being redirected to the website of the Licence Distributor, completes in the transaction form available there all the data necessary for the conclusion of the transaction for the purchase of the Licence with the Licence Distributor, or (ii) effectively pays the Licence Fee in full to Mervision;

4.2.3 the User (i) effectively makes payment of the price (in the correct amount) to the Licence Distributor in respect of the transaction for the purchase of the Licence concluded with it, or (ii) effectively pays the Licence Fee in full to Mervision;

4.2.4 Mervision receives from the Licence Distributor information about the transaction for the purchase of the Licence concluded with the User and about the User having effectively and correctly made payment in this respect (this does not apply where the User has paid the Licence Fee directly to Mervision);

4.2.5 the User receives from Mervision information containing confirmation that the granting of the Licence (access to it) to the User has been accepted for processing, in accordance with the selection made by the User as referred to in clause 4.2.1 above.

4.3 The User should read the content of the Licence Agreement. Acceptance of the content of the terms of the Licence Agreement in accordance with clause 4.2.1 above means that the User has read and accepts all provisions of the Licence Agreement, including that it understands and knows its content and the scope of the Licence variant selected by it (the licence entitling it to use Inspectra BIM in the Inspectra Audit version).

4.4 Confirmation that the granting of the Licence (access to it) has been accepted for processing for the User which (i) concluded an agreement with the Licence Distributor and made payment in this respect, or (ii) concluded the Licence Agreement and paid the Licence Fee in full directly to Mervision, shall be sent to the User by Mervision by e-mail to the E-mail Address.

4.5 The approximate maximum time for granting the User access to the Licence (Inspectra BIM in the Inspectra Audit version) in accordance with the Licence Agreement concluded (the Licence variant selected) is 24 (twenty-four) hours.

4.6 In the event of the Licence being unavailable in connection with the activity of third parties, including external providers of services rendered to Mervision, the estimated time for granting access to the Licence may be extended accordingly by the duration of the relevant obstacle, or may be agreed individually with the User. This also applies to the granting of access to a Licence whose status indicates availability at the time when the User confirms its selection of the Licence variant in accordance with clause 4.2.1.

4.7 Mervision is not liable for non-performance or improper performance of an obligation arising from the Licence Agreement if the non-performance or improper performance is caused by an event of force majeure. Force majeure is deemed to include in particular obstacles resulting from strikes, war, riots, any work stoppages, embargoes, epidemics, pandemics, extremely severe weather, fire, flood, explosion or other disasters, governmental actions, orders or restrictions, or any other reason on account of which the non-performance of obligations is beyond the reasonable control of Mervision.

4.8 Mervision is not liable for any acts or omissions of the Licence Distributor.

4.9 The creation or holding of a User Account, and the downloading and installation of Inspectra BIM on an end device, is not tantamount to the transfer to the User or to a third party of any ownership rights or copyrights, nor is it tantamount to the granting of any Licence or the conclusion of the Licence Agreement. In particular, it does not entitle the User or third parties to use Inspectra BIM in the Inspectra Audit version if no Licence Agreement has been concluded.

5. Purchase of the Licence from the Licence Distributor

5.1 The distributor (seller) of the Licence, including in particular the party to the transaction for the purchase of the Licence via the Licence Distributor's website, is solely the Licence Distributor. Mervision is not liable for any acts or omissions of the Licence Distributor.

5.2 The Licence Distributor is solely responsible for providing and operating the website run by it which enables the conclusion with it of the transaction for the purchase of the Licence, and is also solely responsible for handling the transaction, including accepting payments in respect of the Licence purchased by the User under the transaction concluded with the Licence Distributor.

5.3 The Licence Distributor is solely responsible for the correct preparation and delivery to Users who have purchased a Licence of the relevant accounting documents (e.g. VAT invoices).

5.4 The Licence Distributor is solely responsible for post-transaction support, including the handling of complaints and claims and the exercise of the rights of Users who have purchased a Licence via its website.

5.5 The detailed terms and rules of transactions concluded with the Licence Distributor, including of post-transaction support and the pursuit of claims and rights, are available on the website run by it at the following internet address: https://www.paddle.com or in another place or another form made available by the Licence Distributor.

5.6 The Licence prices published on the Website are expressed in Polish zloty (PLN) or in another currency appropriate for the User's country of origin and are net prices, increased in the relevant cases by the appropriate value added tax (e.g. tax on goods and services – VAT). The prices may not include all costs connected with the transaction for the purchase of the Licence concluded with the Licence Distributor. The final price of the Licence and all other transaction costs are determined solely by the Licence Distributor, and Mervision bears no liability whatsoever in this respect, including in particular no liability for differences arising between the final price of the Licence and the price of the Licence presented on the Website.

5.7 Subject to and without prejudice to the provisions of the relevant agreements concluded by the User with Mervision, including in particular the relevant Licence Agreement, the conclusion by the User with the Licence Distributor of a transaction covering the purchase of the Licence (access to the Licence), as well as the making of payment in this respect, is not tantamount to the transfer to the User or to a third party of any ownership rights or copyrights, nor is it tantamount to the granting of any Licence or the conclusion of the Licence Agreement.

6. Open source software and third-party licences

6.1 The User acknowledges that Inspectra BIM may use third-party software or contain elements of such software, in accordance with open source licences granted to Mervision free of charge. Accordingly, Inspectra BIM may be subject to specific restrictions or conditions set out in the terms of the licences granted by the authors or distributors of the third-party software. Mervision bears no liability whatsoever for the operation of third-party software cooperating with, or used by, Inspectra BIM.

6.2 The list and description of the components used by Inspectra BIM in the Inspectra Free and Inspectra Audit versions are set out in the THIRD_PARTY_LICENSES.txt file made available within the Inspectra BIM installer. Any changes or updates to the above file do not require an amendment to the Licence Agreement, whereby the Licence Agreement may be amended unilaterally by Mervision for this reason.

7. Terms of use of Inspectra BIM

7.1 In order to download, install and correctly use Inspectra BIM in the Inspectra Audit version, it is required to have a User Account, a Licence obtained in accordance with the Licence Agreement concluded (not required in order to download and install Inspectra BIM) and a properly functioning device supported by the Microsoft Windows operating system in the Windows 10 version or higher and having access to the Internet (solely for the purposes of downloading Inspectra BIM and of downloading and installing Inspectra BIM updates). A User Account may be necessary in order to download Inspectra BIM from the Website.

7.2 The User, including the Authorised User, uses Inspectra BIM (including the Inspectra Audit version) at its own risk and responsibility, and also bears sole liability for or in connection with the use of Inspectra BIM (including its individual functions) and for the effects resulting from such use, including the results of work created as a result of the operation of Inspectra BIM or of the actions of the User, of the Authorised Users or of other entities or persons to whom the User has entrusted Inspectra BIM for use within the Licence held. Mervision grants no warranty or assurance concerning the operation of Inspectra BIM or its fitness for a particular purpose, and likewise Mervision bears no liability for the fitness (or lack of fitness) of Inspectra BIM for a particular purpose or application, nor for any effects of the operation of Inspectra BIM or of the use of Inspectra BIM, including in particular for analyses, designs, technical or technological documentation, or calculations created in connection with or as a result of the use of Inspectra BIM. Mervision also does not guarantee the correctness or completeness of the functions used by anyone, including by the User and the Authorised User, for professional activity.

7.3 The User bears sole liability for the acts or omissions of Authorised Users, of other entities or of persons to whom it has granted access to Inspectra BIM, as for its own acts.

7.4 The User, including the Authorised User, is obliged to use Inspectra BIM in accordance with the provisions of the Licence Agreement, of other agreements concluded by the User with Mervision, of the Website Terms and Conditions and with the generally applicable provisions of law in the territory of Poland and of the User's country of origin, taking into account the provisions of international treaties and agreements, and in particular without infringing the rights of Mervision or of third parties. Mervision bears under no circumstances any liability for or in connection with the unlawful use of Inspectra BIM by anyone.

7.5 The User, including the Authorised User, does not, in connection with or as a result of the use of Inspectra BIM, lose the ownership rights, copyrights or intellectual property rights vested in it with respect to the designs, documents, materials and content entered into Inspectra BIM or processed by Inspectra BIM in connection with the use of Inspectra BIM. All rights vested in them or in third parties, as well as all reserved rights, remain unaffected in connection with the use of Inspectra BIM.

7.6 Inspectra BIM operates locally on the device of the User or of the Authorised User and does not transmit to Mervision or to third parties any data entered into Inspectra BIM by the User or by the Authorised User. Mervision has no access to, and does not use in any manner, the materials, information, data or results of work processed by Inspectra BIM in connection with the use of this software by the User or by the Authorised User.

7.7 The User grants Authorised Users or other third parties access to Inspectra BIM or to the User Account at its own risk and responsibility.

7.8 Neither the User nor any third party may make any attempts to break the security measures of Inspectra BIM or to disrupt the operation of this software.

7.9 Mervision makes every effort to maintain the highest standards of operation of Inspectra BIM; it does not, however, guarantee uninterrupted availability of Inspectra BIM, and it bears under no circumstances any liability in connection with any unavailability of Inspectra BIM or any limitation of the availability of this software. In particular, Mervision is not liable for unavailability or limited availability where this results from the law or from restrictions existing in the country of the registered office or the country of stay of the User or of any other third party. The User should make sure whether its use of Inspectra BIM or of its individual functions in a given country or place is lawful and possible. Inspectra BIM is not available in all language versions.

7.10 The User understands and accepts that the use of certain functions of Inspectra BIM may require an active User Account and the conclusion with Mervision of a separate licence agreement concerning other versions of Inspectra BIM.

7.11 Neither the User nor a third party may use any malicious code or other type of harmful software against Inspectra BIM or the Website.

8. Updates

8.1 The User understands and accepts that, for the correct and secure operation of Inspectra BIM, it may be necessary for the User or the Authorised Users to download and install the Inspectra BIM update made available by Mervision, covering the latest version of this software.

8.2 Updating Inspectra BIM by the User or by the Authorised User is voluntary; the failure to update may, however, result in a reduced level of security of Inspectra BIM or make it impossible to access certain functions of this software which have been included in the latest version of Inspectra BIM.

8.3 The User or the Authorised User updates Inspectra BIM on its own and at its own risk, using the end devices it holds which support Inspectra BIM. The installation of an Inspectra BIM update may entail the need to accept the terms of the Licence Agreement once again, which, however, has no effect on the term of the Licence granted.

8.4 Mervision is entitled at any time to modify, update or withdraw Inspectra BIM or the components, including the functions, of this software, whereby such changes may be unfavourable or result in a loss of value for the User. Mervision bears no liability whatsoever in this respect towards the User or towards third parties. In the case of changes concerning the paid versions of Inspectra BIM which, in the reasonable assessment of Mervision, are unfavourable or cause a material reduction in value for the User, Mervision shall make reasonable, rational and commercially expedient efforts to notify the User of such modification, change or update.

9. Termination of the Licence Agreement and limitation of availability

9.1 Mervision may terminate the Licence Agreement with immediate effect, in particular if the User or any other third party to whom the User has made Inspectra BIM available infringes the provisions of the Website Terms and Conditions or of the Licence Agreement, including in particular if it takes actions contrary to the law or harmful to the activity of Mervision or of third parties. Mervision's declaration on termination of the Licence Agreement should be sent to the User at the E-mail Address, which is tantamount to delivery and produces all the effects thereof. Termination of the Licence Agreement may involve deletion of the User Account and the actual deprivation of the User's ability to use Inspectra BIM.

9.2 Mervision may also suspend or limit, in whole or in part, the use of Inspectra BIM, including the Inspectra Audit version, by the User and by any third party using Inspectra BIM, should important reasons arise, such as: (i) the infringement by the User or by such a person of the provisions of the Licence Agreement or of the Website Terms and Conditions, including in particular where the User has provided data or content which is misleading or infringes the rights of third parties, or where it infringes Mervision's copyrights or threatens its legitimate interests in any other manner, or (ii) where the User has submitted an offer to conclude the Licence Agreement using the Form more than twice and has subsequently failed to make payment in this respect, as a result of which the Licence Agreement was not concluded and the Licence was not granted, (iii) where the User infringes the terms of the agreement concluded with the Licence Distributor, (iv) where the Licence Distributor notifies Mervision of an infringement or possible infringement by the User of the generally applicable provisions of law, including tax law, or (v) where the User has become subject to relevant economic sanctions under the generally applicable provisions of law, or its registered office is located in a country on which such sanctions have been imposed.

10. Liability

10.1 Mervision bears liability for non-performance or improper performance of the Licence Agreement within the limits and on the terms provided for in the Licence Agreement and specified by the generally applicable provisions of law in the territory of Poland.

10.2 Mervision bears no liability for non-performance or improper performance of the Licence Agreement where this has occurred in connection with acts or omissions of the User or of third parties (including third parties for whom the User is responsible) which constitute, in particular, an infringement of the provisions of the Licence Agreement, of the Website Terms and Conditions or of the generally applicable provisions of law.

10.3 Mervision bears no liability for any acts or omissions of third parties or of entities for whose actions Mervision is not responsible under the Licence Agreement, under other relevant agreements or under the generally applicable provisions of law in the territory of Poland.

10.4 Mervision bears under no circumstances any liability towards the User or towards third parties for damage arising in connection with the use of Inspectra BIM or with its operation. In particular, it bears no liability for any property or personal damage, losses, loss of profit or loss of expected benefits, irrespective of the purpose and character for which Inspectra BIM is used by the User or by a third party.

10.5 Mervision bears under no circumstances any liability for the completeness, correctness or usefulness of data, including of calculations, designs and analyses, created, processed or produced as a result of or in connection with the use of Inspectra BIM by the User or by a third party.

10.6 Mervision is also not liable for any damage arising in the device or systems used by the User or by a third party, nor for any loss of data in connection with the use of or access to Inspectra BIM.

10.7 The User and any third party using Inspectra BIM, in connection with the use of Inspectra BIM at its own risk and responsibility, bears sole liability for all effects, consequences and results arising as a result of or in connection with the operation of Inspectra BIM or with the use of Inspectra BIM.

10.8 Without prejudice to the remaining provisions of the Licence Agreement, Mervision's liability for any damage arising in connection with the conclusion or performance of the Licence Agreement or in connection with the use of Inspectra BIM is limited to a maximum of the equivalent of one Licence Fee paid by the User to Mervision.

11. Personal data

11.1 Detailed information on the processing of personal data in connection with the operation of the Website or of the Software, including on the purposes, legal bases, recipients, data retention periods and the rights of the data subjects, is set out in the Privacy Policy available at: https://inspectrabim.com/pl/privacy/ (Polish language version) and https://inspectrabim.com/privacy/ (English language version).

12. Final provisions

12.1 The base text of the Licence Agreement has been drawn up in Polish and translated into English. In the event of any discrepancies between the Polish and the English language version of the Licence Agreement, the Polish language version of the Licence Agreement shall prevail and remain binding.

12.2 The Licence Agreement and all relations or legal relationships arising from it or established on its basis are subject to the generally applicable provisions of law in the territory of Poland and should be interpreted in accordance with that law. The Licence Agreement does not exclude or in any way limit any rights vested in the User or in third parties under mandatory provisions of law. In matters not regulated by the Licence Agreement, the relevant provisions of the Website Terms and Conditions and the provisions of Polish law shall apply.

12.3 Mervision reserves the right to introduce limitations on the use of Inspectra BIM caused by technical servicing, maintenance work or work on improving functionality. At the same time, Mervision undertakes to make every effort to ensure that such interruptions take place at night and last as short a time as possible.

12.4 The Licence Agreement is concluded in Polish or in English, and the law applicable to the conclusion and performance of the Licence Agreement is the law generally applicable in the territory of Poland, and the Licence Agreement should be interpreted in accordance with that law. In matters not regulated by the Licence Agreement, in addition to the relevant provisions of the Website Terms and Conditions or the generally applicable provisions of law, the relevant provisions of the applicable agreements concluded by the User with Mervision (e.g. licence agreements concerning the use of other versions of Inspectra BIM) shall also apply. The User and Mervision jointly choose Polish law as the law applicable to all their relations or legal relationships established or arising in connection with the Licence Agreement concluded, and in particular jointly choose the Polish common courts having local and subject-matter jurisdiction determined by the registered office of Mervision to hear all cases and disputes concerning the relations or legal relationships established between the User and Mervision, including disputes concerning the Licence Agreement or connected with the use of Inspectra BIM.

12.5 In the event of disputes concerning the relations or legal relationships established between the User and Mervision, the User and Mervision jointly declare that they shall make every effort to have such disputes resolved amicably by way of direct negotiations conducted in good faith. However, should no agreement be reached, or should there be no prospect of reaching one, within 21 days from the date on which negotiations were commenced, all disputes arising from this agreement shall be settled by the Polish court having local and subject-matter jurisdiction determined by the registered office of Mervision.

12.6 In the event of the ineffectiveness or invalidity of any provisions of the Licence Agreement, the remaining provisions of the Licence Agreement shall remain binding. In such a case, the ineffective or invalid provision shall be replaced by an effective and valid provision which, in legal and economic terms, is closest to what the User and Mervision intended to agree, or to what they would have agreed in accordance with the assumptions of the Licence Agreement had they considered this issue at the time of concluding this agreement. The User and Mervision undertake to conduct negotiations in good faith aimed at replacing the invalid provisions of the Licence Agreement with provisions which will be fully valid and effective and which, as regards the economic effects they produce and the intentions of the User and of Mervision concluding the Licence Agreement in its present wording, will be as close as possible to the provisions affected by invalidity.

12.7 Mervision reserves the right to amend the Licence Agreement unilaterally at any time, in particular as a result of (i) changes in the legal provisions governing any area affected by the Licence Agreement (e.g. matters which have been regulated in the Licence Agreement), the operation of Inspectra BIM or of the Website, (ii) the arising of a need to adapt Mervision's activity to orders, rulings, decisions or guidelines resulting from decisions of the competent public administration authorities, (iii) changes in the functionalities of Inspectra BIM, of the Website or of the User Account.

12.8 The terms of the Licence Agreement also apply to all updates of Inspectra BIM made available by Mervision in order to replace or supplement the existing version of this software, unless such an update requires an amendment to the Licence Agreement or the conclusion of a separate agreement.

12.9 In the event of amendments to the Licence Agreement, Mervision shall notify the User of this fact at least seven days in advance by sending the User an e-mail message to the User's E-mail Address or by publishing an appropriate announcement on the Website. A consolidated text taking into account all amendments made to the Licence Agreement shall each time be presented to the User for review and acceptance. Should the User not accept the Licence Agreement with the amended content, then, subject to the generally applicable provisions of law in the territory of Poland, the existing version of the Licence Agreement shall remain binding.

12.10 The User is not entitled, without Mervision's written consent given on pain of nullity, to assign or otherwise transfer the rights, obligations or receivables arising from or connected with the Licence Agreement. The prohibition referred to in the preceding sentence does not apply to cases of transformation, merger or disposal of the User's enterprise. Mervision is entitled, without limitation, to transfer the rights, obligations and receivables connected with or arising from the Licence Agreement, without the User's consent.

12.11 Correspondence addressed to the User or to the Authorised User by Mervision at the User's E-mail Address or to other correspondence details indicated by the User in the course of Registration is deemed to be addressed to the correct address and to have the effect of delivery.