NetPanel user license agreement
These license terms constitute an agreement between Gemius SA (“Gemius”) with its seat at 48 Domaniewska Street, 02-672 Warsaw, Poland, and the user (“User”). Please read these terms carefully. The terms apply to the NetPanel software both desktop, mobile version as well as to NetPanel browser extension (“Software”) and, unless otherwise specified, to technical support and Software updates provided by Gemius.
By using the Software, the User accepts these terms. If the User does not accept the terms, he or she cannot use the Software.
1. Software functionality Gemius conducts surveys to collect information concerning the behavior of Internet users (for example the websites they visit) and applications run on their devices (“Survey”). The Software allows such information to be collected and transmitted to the Gemius computing center. The Software is also able to show Users invitations to participate in competitions.
2. System requirements. The Software works under the most popular operating systems, (desktop: Windows, Linux, MacOS and mobile: iOS, Android, WP). While running, the Software tracks how users access the Internet using the most popular browsers available on these systems.
3. User. The User represents that he or she is a person entitled to conclude this Agreement, i.e. he or she can lawfully decide to install the Software on his or her device. If the User is a minor, he or she must obtain the consent of an authorized person before he or she can install the Software.
4. Other Users. The Software is meant to be used by the User on his or her device and by other persons who regularly use that device (“Other Users”). By granting Other Users access to the device on which the Software is installed, the User also allows them to create their own profile in the Survey. The User and Other Users may hereinafter be referred to as “Users.”
5. Participation in competitions. The Users decide each time whether they want to participate in a competition based on the terms and conditions made available to them. Personal data entered into a form send in an invitation to participate are encrypted before being uploaded to the Gemius server.
6. Scope of license. This Software is licensed, not sold. The License is non-free and non-exclusive, and is granted once the User has finished installing the Software on the device. Users may use the Software only according to its purpose, i.e. to participate in the Survey. Users may not:
6.1. attempt to circumvent any technical restrictions of the Software;
6.2. reverse engineer, decompile or disassemble the Software, except when and insofar as such actions are expressly allowed by law regardless of this limitation;
6.3. use the Software for other purposes than participation in the Survey;
6.4. make the Software available to anyone who is not a User for regular use on a device.
7. Copyright. The Software may not be modified or distributed in any manner without the written consent of Gemius. Removing or obscuring the copyright notice is prohibited. Gemius reserves all other rights not expressly granted to the Users.
8. Transfer to another device. The License permits the Software to be installed and used simultaneously on multiple devices belonging to a single User. If the Software is being used on multiple devices, Gemius may link data obtained from those devices to the User. The User can also uninstall the Software and install it on another device. In case of change of device on which the Software is installed, operating system reinstallation or any other condition that prevents the Software from being used, the User should contact technical support.
9. Data collected by the Software. The following data may be collected by the Software and sent to Gemius.
9.1. Information that the Software is installed on the end device (sent when the Software is launched);
9.2. the complete URLs of websites browsed in Internet browsers, together with the time of visit;
9.3. the names of applications running on the computer, as shown on the “active processes” list;
9.4. a modified IP address of the device, preventing the complete IP from being identified;
9.5. data identifying the Software, Gemius cookies, the Users and their declared usernames;
9.6. machine IDs (unique hardware identifier), operating system version, screen resolution and browser version;
9.7. the user's login hash;
9.8. information about ads displayed on the device's screen while browsing the net or using an application.
10. Backup and updates. The User may make a backup of the Software. The backup may be used solely to reinstall the Software. If the User has enabled the respective settings, Gemius may update the Software automatically and Users are entitled to use such updates.
11. Technical support and complaints. The User is entitled to free technical support related to using the Software. Technical support is available at email@example.com, by calling (22) 378-30-60 or by sending regular mail to the Gemius head office address (48 Domaniewska Street, 02-672 Warsaw, Poland). The above e-mail and mail addresses may also be used to file complaints concerning the operation of the Software.
12. Disclaimer. Gemius does not grant any express or implied warranty that the Software is free of material defects. To the extent permitted by law, Gemius disclaims the implied warranties of merchantability and fitness for a particular purpose. Gemius makes all efforts to ensure that the Software is free of errors and does not disrupt the operations of the device, but is not liable for any damage caused by the use of the Software. Gemius will in no event be liable for damage resulting from installation of Software on a device that does not meet the System Requirements or from inability to use the Software. The User is entitled to statutory warranties according to the applicable Consumer Laws and no part of these terms is intended to alter such warranties.
13. Term of the Agreement. The User may terminate the Agreement at any time without stating the cause, by uninstalling the Software. The Software can be uninstalled using the standard procedure available in the respective operating system. Termination of the Agreement causes the termination of all rights of the User. Gemius may terminate the Agreement with immediate effect if the User has violated the scope of license granted to him or her.
14. Changes of the Agreement. Gemius will notify Users about all essential changes in the Agreement. The information, together with a new version of the Agreement, will be sent by e-mail to the User's address, or otherwise expressly communicated to the User. If the User does not accept the changes, he or she should uninstall the Software and thereby terminate the Agreement.
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