This end-user software license agreement (the License) is a binding contract between you, as a licensed software end-user (the You and the Licensee), on the one side, and the Lithuanian company UAB “Malonas” (company code: 304929642) (the “Licensor”), on the other side. Please read the terms and conditions of this License carefully before installing and using the software Mybestay (the “Software”). By selecting “I ACCEPT” below, or by deploying or using the Software, You are agreeing that Your use of the Software shall be governed by the terms and conditions of this License. If You do not agree to the terms of this License, do not install or use the Software.
0. Subject of the License. The Licensor is provider of communication software between operators of accommodation facilities and their clients like You.
1. License. Subject to Your compliance with this License, You are granted a limited use, nonexclusive, non-transferable, worldwide, royalty-free license to install, store, load, execute, display and use the Software downloaded copy for the purposes limited to Your personal consumer needs. You are not permitted to use, copy, modify, or transfer the Software or any copy of it in whole or in part, or grant any rights in the Software, except as expressly provided in this License or authorized by the Licensor.
2. No maintenance or development services. The Licensor is not obligated to provide any upgrade, maintenance and software development services for the Software under this License. The provision of such services depends on the sole discretion of the Licensor. The License is applicable to all future modifications, alterations and extensions of the Software, unless otherwise indicated by the Licensor.
3. Personal Data Processing. The details of Your personal data processing using the Software are provided in the Privacy policy of the Software.
4. Other Restrictions. You may not transfer or assign the Software or any copy of it to any third party. You may not modify or create derivative works based on the Software, neither may You market, rent, sublicense, sell or otherwise distribute the Software or any modifications to any third party. You shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the Software or its documentation or the delivery or distribution of any part thereof to any third party or entity, for any purpose whatsoever, without the prior consent of the Licensor. You shall not alter or remove from the Software or its documentation any proprietary, copyright, trademark or trade secret legend. The Software must include all proprietary notices or legends included on the Software when it was delivered to You. The original and any copies made of the Software and other materials, in whole or in part, are the Licensor’s property and subject to the terms of this License.
5. Source Code of Software. The Software shall be provided to You and used solely in a machine-readable object code format. The source code of the Software shall not be provided to You.
6. Proprietary Rights. You do not obtain title to or any ownership or proprietary rights to the Software or to any part of the Software by this License. The Software is owned by the Licensor and its suppliers, which retain all rights, title and interest therein. The Software is protected by the Lithuanian and international copyright, patent, trademark, trade secret and other laws. You acknowledge that the Software, its copies, its adaptations, its enhancements and modifications, major and minor releases, derivative works, and the related documentation constitute valuable intellectual property of the Licensor and its suppliers and that all title and ownership rights in the Software and related materials remain exclusively with the Licensor and its suppliers. The Licensor reserves all rights with respect to the Software, its copies, adaptations, enhancements and modifications, major and minor releases, derivative works and the related documentation under all laws of the Republic of Lithuania and other jurisdictions designated for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, service marks, and patents. You acquire only a limited license to use the Software for Your personal use purposes.
7. Warranty. The Software is provided on an “AS IS” basis and has no warranty period. The Licensor does not warrant that the operation of the Software will be uninterrupted or error-free or that its output results will fit for a particular purpose. The Software updates, if any, are also provided on an “AS IS” basis and without warranty of any kind. To the maximum extent permitted under applicable law, the Licensor, its affiliates, its licensors, and its partners make and You receive no warranties or conditions, express, implied, statutory, or otherwise, and the Licensor, its affiliates, its licensors, and its partners specifically disclaim with respect to the Software, its output results and support any conditions of quality, availability, reliability, security, lack of viruses, bugs, or errors, and any implied warranties, including, without limitation, any warranty of title, quiet enjoyment, quiet possession, merchantability, non-infringement, fitness for a particular purpose, or any other warranties arising from the course of dealing, performance or usage of the Software and its output results. You shall be solely and fully responsible for correctness of input data into the Software and the usage of the Software outputs.
8. Limitation of Liability. To the extent permitted by applicable law, You agree that neither the Licensor nor its affiliates, its partners, its partners, or its authorized distributors shall be liable for any loss of data, loss of income, loss of opportunity or profits, damages suffered by You, loss arising out of inability to use the Software, cost of recovery, loss arising from Your business interruption, loss from Your use of the Software output results or support services or any other special, incidental, consequential, or indirect damages arising out of or in connection with this License and the Software usage.
9. Termination. This License is effective until terminated. The Licensor may terminate this License at any time for Your material breach of this License or Your failure to comply with any law applicable to the use of the Software. This License shall terminate immediately and automatically (without additional notice from the Licensor and without any refund) upon Your breach of any term contained herein, provided You fail to remedy such breach within 10 (ten) calendar days of receiving notice requiring to do so. You may also terminate the License unilaterally at any time by uninstalling the Software from Your device and deleting all copies of the Software in any form from any device on which it is loaded. Upon termination of this License, You agree to cease using the Software and to delete the Software from Your device. Termination of this License shall not relieve You from Your obligation to comply with all the terms of this License which call for performance prior or subsequent to the termination date, including Your obligation to protect proprietary and to destroy the provided Software.
10. Provided Content. The Licensor is not liable for the published content and material in the Software. The liability for the published content and material rests on the provider of the accommodation facilities, with whom You shall enter into a separate service agreement for accommodation services. You are fully liable for the content, which You provide or publish in the Software. By doing this You shall not infringe intellectual property rights and other rights of any third party and You shall not infringe applicable laws. You shall provide to the Licensor and the provider of the accommodation facilities nonexclusive, worldwide, royalty-free license to use all content provided by the Licensee in the Software for an indefinite period of time for the purpose of the content integration and further use in the Software.
11. Governing Law and Venue for Dispute Resolution. This License shall be governed by and construed in accordance with the laws of the Republic of Lithuania. The parties shall attempt to solve any disputes arising out of the License amicably by negotiations. All disputes arising out of or in connection with the License shall be finally settled in courts of the Republic of Lithuania in Vilnius city, unless the mandatory law applicable to consumers requires otherwise.
12. Entire Agreement. This License contains the full and entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings, inducements, and conditions, express or implied, oral or written, relating to the subject matter hereof, except as may be otherwise agreed. The Licensor has the right to modify the terms and conditions of this License unilaterally by notifying You thereof 3 (three) months in advance, You have the right not to agree with the amended License terms and cease using the Software at any time.
13. Other Conditions. No decision, act, or inaction of the Licensor shall be construed to be a waiver of any right or remedy. If any part of this License is held to be invalid or unenforceable such determination shall not invalidate any other provision of this License. In the event any provision of this License is deemed unenforceable, or void, or invalid, such provision shall be modified so as to make it valid and enforceable and as so modified the entire License shall remain in full force and effect.
14. How to Contact the Licensor. Should You have any questions concerning this License or the Software use, or wish to contact the Licensor for any reason, please write to UAB “Malonas” by email: support@mybestay.com.
AS STATED ABOVE, CLICKING “I ACCEPT” ON THE COMPUTERIZED VERSION OF THIS LICENSE, OR BY INSTALLING OR USING THE SOFTWARE, INDICATES YOUR ACCEPTANCE OF THIS LICENSE.