END-USER LICENSE AGREEMENT FOR SOFTWARE OF SUCCESSFUL LTD (Successful Software)

IMPORTANT — READ CAREFULLY

This End-User License Agreement ("EULA") is a legal agreement between
you (either an individual, a single entity or a legal entity) and SUCCESSFUL LTD (Successful Software)
for the software and services of Successful Software that accompanies this EULA, which includes web sites, associated media,
database objects, database data and Successful Software services, which services may, or may not be Internet-based ("Software").
THE SOFTWARE IS LICENSED, NOT SOLD. The Software is licensed to a specific Company Name/Individual Name with a specific VAT Number/
Social Security Number only and a specific database only.  In this EULA some things are characterized as "confidential information".  
When something is consider confidential information it contains trade secrets of Successful Software and you are
not authorized to access without the prior written consent of Successful Software, use yourself and/or disclose this information
to third parties and people that are not licensed users of the Software or that are not employed by your organization.
Furthermore, you are obliged to take any necessary measure in order to safeguard and prevent the access (direct,
or indirect) from people that are working in your organization and on behalf of your organization and prevent also
the access from third parties to this confidential information.  Failure to do so will result in a breach of the
terms and conditions of this EULA. An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO
BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, GETTING ACCESS TO THE FRONT END (USER INTERFACE OF THE
END USER), OR USING THE SOFTWARE AND ANY OF ITS PARTS.
IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, ACCESS, OR USE THE SOFTWARE AND ANY OF ITS PARTS.


1. GRANT OF LICENSE.
Successful Software grants you the following rights provided that you comply with ALL terms and conditions of this EULA:

1.1 Installation, access and use. You may:
(a) use via our web site (in the case you are a Successful Marine Cloud Customer), or install and use a copy of the Software on one personal computer, Windows Server or other device (in case you are a Successful Marine Desktop Customer); and use with the knowledge, cooperation and prior written consent of Successful Software.  The personal computer, web browser, Windows Server or other device must be fully compliant with the "Hardware requirements of Successful Marine Management System" as described on this web page:

"https://www.successful-soft.com/products-and-services/marina-boatyard-management-system/110-hardware-requirements-of-successful-marina-management-system"

The use and/or installation of the Software to non compliant software and hardware is not supported, therefore, the Technical Support or any other kind of maintenance, upgrade or service, etc will not be possible to be provided to you, regardless if it is paid in advance or not.

(b) use (in the case you are a Successful Marine Cloud Customer) or install and use (in case you are a Successful Marine Desktop Customer) an additional copy of the Software on as much computers or other devices your licenses permit with the knowledge, cooperation and prior written consent of Successful Software.

1.2 Alternative Rights for Storage/Network Use.
As an alternative to Section 1.1(a), you may install a copy of the Software on a network storage device, such as a Server, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted by Section 1.4 of this EULA.

1.3 License Grant for Remote Desktop.
You may use remote access technologies, such as the Remote Desktop features in Microsoft Windows, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session
accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the
Software on both the device hosting the remote desktop session and the access device at the same time.

1.4 License Grant for Remote Assistance.
You may permit Successful Software's Technical Department to connect remotely and use and access your licensed copy
of the Software and your data for the sole purpose of providing you with Technical Support, guidance and necessary maintenance
services.

1.5 License Grant for Media Elements (this is confidential information).
The Software may include data files, invoice/receipt templates, reports, print outs, texts, instructions, manuals,
photographs, clip art, icons, shapes, animations, sounds, music and video clips that are identified in the Software for
your use (together "Media Elements"). You may not copy or modify the Media Elements.

1.6 License Grant for Documentation (this is confidential information).
The documentation, User Manual, any instructions of use given to your organization by any means (eg via a telephone conversation, email, chat, printed media, FTP, internet access, etc), the forms (windows or pages) and reports that accompanies
the Software is licensed for internal, non-commercial reference purposes and use only.  You may not copy or modify the Documentation or create derivative works from the Documentation.
 
1.7 License Grant for Templates (this is confidential information).
The Software may include document templates. You may copy and modify the document templates available as part of the
Successful Software's Software only with the prior written permission of Successful Software. In this case you can
distribute such templates along with your modifications for use by other licensees of the Software. You also may
copy, modify and distribute the templates available through related Internet-based services along with your
modifications for use by other licensees of the Software, but only for personal or commercial correspondence
involving person-to-person communication. You are not licensed to do any of the following:

• You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value or for free, the templates.
• You may not distribute the templates available via Internet-based services as part of any product or service.
• You may not copy or post any templates available through Internet-based services on any network computer or
broadcast it in any media.

You must indemnify and defend Successful Software against any claims or lawsuits, including attorneys' fees, that
arise from or result from the licensing or distribution of the templates as copied or modified by you.

1.8 License Grand for work flows, database schemata, database objects, data (inside and outside of a database),
operating procedures, files and proprietary business logic (this is confidential information).  
The Software contains work flows, database objects, data, operating procedures, files and business logic.  You can
use these as part of the Software only.  You must not access them expect the access that is already granted to
you via the User Interface (UI) of the Software of Successful Software and as long as you have a valid license and
a valid yearly subscription contract for it, incorporated them, transfer or copy them in systems, documents,
procedures or work flows, etc, in or out of your organization without the prior written consent of Successful
Software.  

1.9 License Grand for related marketing material, price lists, pricing, methods, procedures, presentations (this is confidential information).  
During your business relationship with Successful Software you will have access to various information which may
included but are not limited to marketing material, price lists, pricing, texts, and methods.  These contain trade
secrets of Successful Software and you are obliged to treat them as confidential information.



2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Mandatory Activation.
THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE SIGNED TO PREVENT UNLICENSED OR UNSUPPORTED USE OF THE
SOFTWARE. You may not be able to exercise your rights to the Software under this EULA after a finite number of product
launches unless you periodically activate your copy of the Software in the manner described during the launch sequence. You may also
need to reactivate the Software if you modify your computer hardware or alter the Software. In case you need to move
your copy of the Software from one device (eg computer) to another, you first need to give SUCCESFULL SOFTWARE remote
access to the old device in order to get the License from it.  Fail to do so, equals to a lost License and in this case
you will need to buy a new License for the Software.  Successful Software will use those and other measures to confirm
you have a legally licensed copy of the Software and that you are entitled to the support services related to the
Software. Successful Software is entitled to improve their licensing checks methods and enforce the legal use of the
Software at its own descretion.  If you are not using a licensed, actively supported copy of the Software by the
Successful Software, you are not allowed to install the Software and any future Software updates.

2.2 Internet-Based Services.
You may not use any Successful Software Internet-based services associated with the Software in any manner that could
damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them.
You may not attempt to gain unauthorized access to any service, account, database, computer systems, file, folder, or
networks associated with the Internet-based services.

2.3 The Software may have the brand of Successful Marine and Successful Software, as well as other information that
is related to the Successful Software, embedded on various parts of the Software and its accompanied media.  
You must not remove or change these brandings.



3.RESERVATION OF RIGHTS AND OWNERSHIP.
Successful Software reserves all rights not expressly granted to you in this EULA.
The Software is protected by copyright and other intellectual property laws and treaties.
Successful Software or its suppliers own the title, copyright, and other intellectual property rights of the Software.
The Software is licensed, not sold. The use of the Software requires a yearly subscription that is sold separately
and it is necessary for the Technical Support of the Software, the maintenance, and basic updates of the Software
as well as the closing of one fiscal year and the opening of another fiscal year.  
This EULA does not grant you any rights for indefinite use of the software without a valid yearly subscription.
This EULA does not grant you any rights to trademarks or service marks of Successful Software.



4. LIMITATIONS ON ACCESSING THE DATABASE OF THE SOFTWARE, MODIFY DATA FILES OF THE SOFTWARE, REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY THE SOFTWARE.
You must not get access to the database of the Software, modify data files that are stored inside the database of
the Software, or stored in a file server, reverse engineer, decompile, or disassemble the Software, except and
only to the extent that such activity has the prior written consent of Successful Software and is expressly
permitted by applicable law notwithstanding this limitation.



5.NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend give access by any means or provide commercial hosting services with the Software.



6.CONSENT TO USE OF DATA. You agree that Successful Software and its affiliates may collect and use technical
information, statistical data, log files, etc gathered as part of the product operation, maintenance and support
services provided to you, if any, related to the Software. Successful Software may use this information solely
to measure performance, improve our products or to provide targeted upgrades, updates, support and customized services
or technologies to you and will not disclose this information to anyone in a form that personally identifies you.



7.LINKS TO THIRD PARTY SITES.
Successful Software is not responsible for the contents of any third-party Internet (web) sites or services, any
links contained in third-party sites or services, or any changes or updates to third-party sites or services.
Successful Software is providing these links and access to third-party sites and services to you only as a convenience,
and the inclusion of any link or access does not imply an endorsement by Successful Software of the third-party site
or service.



8.ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, basic upgrades, bug fixes, supplements, add-on components, or Internet-based services components,
of the Software that Successful Software may choose to provide to you or make available to you after the date you obtain your
initial license of the Software and signed a yearly contract, unless they are accompanied by separate terms.
Successful Software reserves the right to take and upgrade all measures that are necessary to check that you comply with
the contract, the license policy and discontinue any of the services provided to you or made available to you through
the use of the Software, especially in the case of a non-valid or expired yearly subscription, or unauthorized access and use of
the Software and its program, databases, parts, etc from people and/or legal entities that are different from the Successful
Software company and its subcontractors and employees.



9.UPGRADES.
To use Software identified as an upgrade, you must first be licensed for the software identified by Successful Software
as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the
basis for your upgrade eligibility, except as part of the upgraded software.  The Successful Software reserves the
right the basic updates and upgrades of the Software to alter its User Interface (UI) as well as the way the user interacts
with the system.  Once an upgrade is applied you agree that your Software cannot revert back to its previous state.



10.NOT FOR RESALE SOFTWARE.
The Software is "Not for Resale" or "NFR," and may not be sold or otherwise transferred for value or for free, or used
for any purpose including the demonstration, test or evaluation.



11.EXPORT RESTRICTIONS.
You acknowledge that the Software is subject to Bulgarian export jurisdiction. You agree to comply with all applicable
international and national laws that apply to the Software, including the Bulgarian Export Administration Regulations,
as well as end-user, end-use, and destination restrictions issued by Bulgaria and other governments.



12.SEPARATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.



13.SOFTWARE TRANSFER. Internal.
You may not transfer your copy of the Software to a different device without getting the prior written consent of the
Successful Software. The transfer will be completed solemnly by Successful Software's Technical Support department.  
Prior to the transfer, the end user receiving the Software must agree to all the EULA terms without any reservations.



14.TERMINATION.
Without prejudice to any other rights, Successful Software may terminate this EULA if you fail to comply with any of
the terms and conditions of this EULA and/or if you do not have a valid yearly service contract (yearly subscription)
in force. In such event, you must stop using the Software and destroy all copies of the Software and all of its
component parts.



15.LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE EU (European Union).
Successful Software warrants that the Software will perform substantially in accordance with the accompanying
materials for a ninety (90) days from the date of the invoice issued for acquiring the Software License.
IF ANY DEFECTS ARE DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY YOU ARE ENTITLED FOR FREE TECHNICAL SUPPORT
AND FREE BUG FIX SERVICE. AS TO ANY DEFECTS DISCOVERED AFTER THE ABOVE TIME PERIOD, THERE IS NO WARRANTY OR CONDITION
OF ANY KIND. Any supplements or updates to the Software, including without limitation, any (if any) service packs,
hot fixes and basic updates provided to you after the expiration of the Limited Warranty period are provided on an
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied or statutory, including, without
limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
You are solely responsible for determining the appropriateness of using the Software and assume any risks associated
with your exercise of permissions under this License.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any free technical
service by Successful Software, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Software does not meet Successful Software's Limited Warranty, and, to the maximum extent allowed
by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of
Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights.

YOUR EXCLUSIVE REMEDY.
Successful Software's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited
Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at
Successful Software's option from time to time exercised subject to applicable law, repair of the Software, that
does not meet this Limited Warranty and that is returned to Successful Software with a copy of your invoice.
You will receive the remedy elected by Successful Software without charge, except that you are responsible for any
expenses you may incur (e.g. cost of shipping the Software to Successful Software, unistallation of the Software
from your Systems by Successful Software). This Limited Warranty is void if failure of the Software has resulted
from accident, abuse, misapplication, illegal use, abnormal use, unauthorized use, hacking, devices that does not
meet the minimum technical requirements of the Software, a ransomware, or a virus. Any replacement Software will
be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and
Successful Software will use commercially reasonable efforts to provide your remedy within a commercially
reasonable time of your compliance with Successful Software's warranty remedy procedures.
To exercise your remedy, contact: Successful Software, Attn. Successful Software Sales Department, SUCCESSFUL
SOFTWARE, email: sales [at] successful-soft.com.



16.DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other
express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Successful
Software and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby
disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to,
any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of
reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack
of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide
support or other services, information, software, and related content through the Software or otherwise arising out
of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.


17.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL WILL SUCCESSFUL SOFTWARE
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE,
FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION,
SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SUCCESSFUL SOFTWARE OR ANY SUPPLIER,
AND EVEN IF SUCCESSFUL SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


18.LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation,
all damages referenced herein and all direct or general damages in contract or anything else), the entire
liability of Successful Software and any of its suppliers under any provision of this EULA and your exclusive
remedy hereunder (except for any remedy of repair or replacement elected by Successful Software with respect
to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in
reasonable reliance on the Software up to the amount you actually paid for the thirty percent (30%) of the net
value of the yearly subscription fee of the Software or EURO 500.00. The foregoing limitations, exclusions
and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable
law, even if any remedy fails its essential purpose.



19.APPLICABLE LAW.
If you acquired this Software in the European Union then the European Union's laws apply.
If you acquired this Software in any other country, the European Union's laws apply.



20. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire
agreement between you and Successful Software relating to the Software and the support services (if any) and
they supersede all prior or contemporaneous oral or written communications, proposals and representations with
respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any
Successful Software policies, programs for support services, agreements, contracts conflict with the terms of
this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, the other provisions shall continue in full force and effect.



21.PRIVACY POLICY.
All the data that you store in the Software are your property. You have access to your data anytime via the
various lists and windows of the Software from where you entered the data originally.  You are able to
add/edit/delete your data, or export your data to an electronic format (Microsoft Excel files).  
We do not sell, rent or disclose your data to any third party and we take all the necessary security measures
to safeguard your data against theft and/or unauthorized access.  All employees/freelancers/organizations/etc
that may have access to your data (or just a set of them), for helping us solve problems and upgrade the
Software, signed a NoD (Non Disclosure Agreement) and they are bound to protect the privacy of your data the
same way we do.  From time to time we may need to get a copy of your data and use your data in our local servers
in order to find a bug in the Software, or process a request we received from you.  We may also access your data
and take samples from them in order to validate that you use the Software according to the terms and conditions
of your contract and this EULA.  In this case, your data are erased permanently after we complete the
debugging/test/validation of the Software.



22.General Data Protection Regulation (GDPR).
Successful Software may collect, store, manage and use personal data from you as a subscriber and/or customer.
Successful Software needs to keep a copy of your personal data in order to be able to keep on contacting
you for matters that are directly related to you and your account, like renewals of your contracts, due balance
reminders, the progress of your Work Orders, etc.  We also need to keep on using your data in order to provide
you with 1) the offers you request from us, the products and/or services you buy from us, 2) the original invoices
for the purchases you made from us, 3) tracking of your invoices/payments and your current Balance, 4) suggest to you
other services that we provide and that can compliment your use of our Services. Your data are covered by the
Privacy Policy of Successful Software that is included in this End User License Agreement (EULA).  
By using the Software you give your consent to Successful Software to keep a copy of your personal data, you agree
to receive emails from Successful Software that are related to you and you agree to the Privacy Policy of SUCCESSFUL
SOFTWARE that is included in this End User License Agreement (EULA) of Successful Software.  You have the right
to withdraw your consent at any time.  All our communications contain an unsubscribe link.  If you wish to stop
receiving communications from us, you will be able to do so by sending an email to the email address
"accounts [at] successful-soft.com" with the subject "Remove GDPR consent".

 

A PRODUCTION OF SUCCESFULL SOFTWARE (SUCCESSFUL LTD)
COPYRIGHT - ALL RIGHTS RESERVED – www.successful-soft.com  

Copyright © Successful Software SYSTEMS, art.X, rev.16 / 2022.03

--- (end of file of End-User License Agreement) ---