Dyntell Software - Terms of Use

Effective date: December 1, 2016.

1. Part

1.1. Introduction

Upon request by the End User, the Licensor shall provide information regarding the availability of products and services, supported languages, supported operating systems, database managers compatible with DYNTELL software, and third-party software available through DYNTELL.

1.2. The Principles of Software Pricing

DYNTELL software pricing is based on user license fees.

1.3.Users

The User is the End User, an employee of the End User’s subsidiary who is directly or indirectly authorized to access the licensed software.

In terms of pricing and licensing, the number of Users connecting to the software at the same time (concurrently) is decisive.

1.4. Usage

There is no possibility of partial or full refund or exchange of user rights if the actual usage is less than the number of licensed users or if the End User’s requirements have changed after the license was purchased. Access to or use of any delivered software is permitted only to the extent authorized by the Software User License Agreement for the licensed Software.

If the End User exceeds the number of users permitted in the license agreement or otherwise expands the use of the Software, the Licensor shall charge an additional fee. The End User shall immediately notify the Licensor of any transaction that may change the amount payable.

1.5. Contract types

1.5.1. Software User Agreement

The End User acquires a user license for one or more copies of the Software for a one-time fee.

The End User may receive a volume discount based on the total list price of the license. Each additional license purchase is considered a separate business transaction, and volume discounts are calculated based solely on the size of such business transactions.

1.5.2. Software Product Support Agreements

For the End User, it governs the use of support services provided by the Licensor for the Software.

1.5.2.1. Software Product Support Agreements

Ensuring version tracking for DYNTELL software for end users within the contractual framework.

1.5.2.2. Customer Support Agreement

It sets out and regulates how to use end-user support for DYNTELL software within a contractual framework.

2. Part

2.1. The Scope of Software Tracking

These terms and conditions specifically govern the tracking services to be provided by the Licensor for the DYNTELL software (hereinafter referred to as the Software).

License Tax provides the following services within the framework of Software Tracking:

The warranty period for DYNTELL software is extended for the duration of the tracking contract.
Within the terms and conditions set forth in this Agreement, the Licensor shall accept notifications from the End User regarding the Software.
The method of notification is to complete the notification form specified by the Licensor or to provide the notification data and send it to the e-mail address provided by the Licensor on working days between 8:00 a.m. and 4:00 p.m.
The language of communication for the notification is Hungarian or English.
The licensing authority analyzes properly submitted applications in order to classify the subject matter of the application.
If the Licensor’s support department determines that the subject of the report is attributable to a malfunction of the Software, it shall correct the Software malfunction by compiling a repair software package that explains how to eliminate, avoid, or circumvent the Software malfunction. This software package containing the fix shall be sent to the End User via email. If the End User requests the Licensor’s assistance in using or running the corrective software package, the End User shall pay the Licensor the applicable fee for any on-site visits.
The Licensor undertakes to monitor changes in legislation affecting taxation, social security and accounting obligations communicated by the End User or affecting the general public or a large number of business organizations. However, the Licensor shall not be responsible for monitoring the applicable legislation in its entirety and with complete accuracy. The Licensor shall endeavor to implement the changes before the legislative changes come into force or, if this is not possible, within the shortest time technically feasible.
License Tax Compliance means that the Software is capable of complying with the tax, social security, and accounting obligations prescribed by the laws of the country of the End User’s tax residence or by the laws governing the majority of business entities, and supported by DYNTELL. The issue of data formats provided by the Software shall not be considered a matter of legal compliance when the Software supports the data required by law in a certain format.
If the Licensor’s support department determines that the subject of the report is not attributable to a malfunction of the Software or the Software’s legal compliance, the Licensor shall notify the End User’s designated contact person thereof. In this case, the report may be handled remotely or at the End User’s premises. The Parties shall agree in advance on the date of the Licensor’s consultants’ visit to the End User’s premises. The fee for the consulting services shall be calculated on the basis of the applicable call-out fee and the hourly rate for consulting/support services.
The Licensor shall make available to the End User the latest versions of the Software released in accordance with the version of the Software owned by the End User. The Licensor shall modify the scope of services in light of the continuous development of the Software and technical progress. However, the End User shall not be entitled to any additional features included in the Software, and the Licensor shall determine the scope and content of subsequent releases of the Software at its sole discretion. The Licensor shall deliver the current versions of the Software in electronic format, but they may also be ordered on data carriers. In this case, any administrative costs incurred shall be borne by the End User.
The end user is obliged to provide remote access between its premises and the endpoints specified by the Licensor in order to perform the tracking service.
The End User shall use the troubleshooting tools specified by the Licensor at its own premises.
The service described above shall continue until the termination of the Software Maintenance Agreement.

The Licensor does not provide system administration services within the scope of Software Tracking.

2.2. Software Supported Under the Software Tracking Agreement

2.2.1. The services to be provided by the Licensor shall relate to the latest version of the Software and shall include the services specified in the Software Maintenance Agreement and the maintenance services specified above.

2.2.2. The Licensor shall not provide support for any problem that arises because the End User has modified the Software inappropriately or violated the license terms, or that does not relate to DYNTELL products.

2.2.3. The Licensor does not provide support services under the Software Maintenance Agreement for third-party products that the End User has not licensed as part of the Software, even if such products are shipped with the Software.

2.2.4. The Licensor shall not provide support services for problems that fall within the End User's area of responsibility (such as system administration tasks, network operation tasks), and arise from, for example, improper installation, insufficient training of the End User, missing or faulty business planning, improper operation, faulty integration, or faulty hardware. Software tracking or customer support does not replace the appropriate use of training or implementation support.

2.2.5. The End User must designate a person who will act as the contact person for the Licensor with regard to monitoring the Software. Monitoring activities shall be carried out exclusively through this person.