TERMS OF SERVICE

Company details:

CortecSoft LLC
EIN: 352821798
1013 Centre Rd. Suite 403-A
Wilmington 19805

I. Definitions
The terms used in the Regulations shall mean:

Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special laws grant legal capacity, who makes an Order at the Store;
Consumer - in accordance with Article 22[1] of the Civil Code means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
Civil Code - the Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended);
Terms and Conditions - these Terms and Conditions specifying the general conditions of sales and rules for the provision of electronic services at the online store - http://https://e4codes.com./;
Online Store (Store) - Internet service available at http://https://e4codes.com/, through which the Customer may, in particular, place Orders;
Goods - products presented in the Internet Shop;
Agreement of sale - agreement for the sale of goods within the meaning of the Civil Code, concluded between E4codes.com and the Customer, concluded using the website of the Store;
Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
Act on provision of services by electronic means - Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
Order - Customer's declaration of will that aims directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
II. General provisions
These Regulations define the rules of using the online store available at http://https://e4codes.com.
These Regulations are the regulations referred to in Article 8 of the Act on electronic provision of services.
These Regulations define, in particular:
- principles of registration and use of an account in the online store;

- Terms and conditions for placing orders electronically as part of the online store;

- Rules of concluding Sales Agreements with the use of services provided by the Online Store.

The use of the Internet store is possible on condition that the teleinformatic system, which the client uses, meets the following minimum technical requirements: browser with access to the Internet
To use the Online Store, the Client should get on his/her own access to a computer station or a terminal device with Internet access.
In accordance with applicable law, http://https://e4codes.com reserves the right to limit the provision of services via the Online Store to persons over the age of 18. In this case the potential Customers will be informed about the above.
The Customers may access these Regulations at any time through the link on the homepage of http://https://e4codes.com and download and print it.
III. Rules of using the Online Store
Registration in the Online Store is optional. The Customer can place an order without registration with the Store, after reading and accepting these Terms and Conditions.
Registration takes place by completing and accepting a registration form made available on one of the pages of the Store.

Registration is subject to acceptance of the Regulations and provision of personal data marked as compulsory.

http://https://e4codes.com may deprive the Customer of the right to use the Internet Store, as well as limit its access to some or all resources of the Internet Store, with immediate effect if the Customer violates the Terms and Conditions, in particular when the Customer

- provided, during the registration in the Internet store, data that are untrue, inaccurate or outdated, misleading or violating the rights of third parties,

- Has committed, by means of the online store, the violation of personal rights of third parties, in particular the personal rights of other customers of the online store,

- engages in other behavior that will be recognized by http://https://e4codes.com. as inconsistent with applicable law or general Internet usage rules or damaging to the good name of http://https://e4codes.com.

A person who has been deprived of the right to use the Internet store, can not register again without prior consent of http://https://e4codes.com.

To ensure the security of communication and data transfer in connection with the services provided within the framework of the Web Store, the Web Store takes technical and organizational measures appropriate to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Internet.
In particular, the customer is obliged to:
- use the Online Store in a manner consistent with the provisions of applicable law in the Republic of Poland, the provisions of the Terms of Use, as well as with the provisions of the Privacy Policy.

Legal basis for software used in the EU

Pursuant to the decision of the European Court (Curia) of July 3, 2012. (C-128/11.) the sale of software is also allowed without the physical transport of a data carrier (CD/DVD/Pendrive). License keys can be transferred electronically, and it is legal to sell unused software licenses and reassign used licenses, whether the software is on a media disc, a COA license key, or an electronic key. The software producer cannot prevent the further sale of licenses, as well as the continued use of its programs, including OEM, Retail and Volume and "ESD" versions downloaded from the Internet.

The copyright on the software producer's license will expire when the software is first sold, put on the market (exhaustion). Within the European Union (EEC), the sale of Volume, trade and oem licenses and the free trade of electronic licenses are allowed. (C-128/11., ECLI:EU:C:2012:407, EU 2001/29/EC, 28., 2009/24/EC)

Joke. It follows from Article 5(1) of Directive 2009/24 that, in the absence of a separate contractual provision, the reproduction of a computer program does not require the consent of the creator of the program if such reproduction is necessary for the use of the computer program by the person lawfully acquiring it in accordance with its intended purpose, including correcting errors.

Since a copyright holder cannot oppose the resale of a copy of a computer program in respect of which that right has been exhausted within the meaning of Art. 4(2) of Directive 2009/24, it must be considered that within the meaning of Art. Under Article 5(1) of Directive 2009/24, the second purchaser of that copy and all subsequent purchasers are classified as 'legal purchasers'.

Court of the European Union

Opening of PRESS RELEASE No. 94/12 .

Luxembourg, July 3, 2012 (official source: curia.europa.eu)

"The Court of Justice, in its judgment of today, ruled that the principle of exhaustion of the right to dissemination (distribution) applies not only when the entitled person distributes copies of his program on a data carrier, such as a CD-ROM or DVD, but also in the case of dissemination from his website as a download .

"Because if the entity entitled to copyright provides its client with one copy - tangible or intangible - of a computer program, and at the same time, concluding a paid license agreement, grants the client the right to use this copy for an indefinite period, thus the authorized entity selling this copy, the exclusive right to distribute it is exhausted. Such a transaction is made with the assignment of ownership of the copy. Therefore, the rightholder cannot later object to the resale of that copy, even if the license agreement prohibits further assignment."

In this case, we can talk about used and re-used (second-hand) software when the user's license rights to the software come from the previous end user and are not distributed directly through the commercial channels of the manufacturer or its distributor.

Most of the second-hand or re-marketing software finds its way back into the market due to the liquidation of European companies, the closure of plants, the sorting of scraps and the purchase of new software in the form of licenses separate from damaged, dismantled computers. Based on the judgment of the European Court of July 3, 2012. (C-128/11) software producers cannot prohibit the resale of used or unused software licenses, even in this case, if the EULA prohibits it or the user has downloaded matching programs from the Internet.

The copyrights of software producers expire at the time of the first sale (the right of exhaustion), which means that they cannot prevent their further sale and use if the software has already been placed on the market. If the copyright owner sells a single copy of the program and grants the user the rights to use it, the distribution right is exhausted.

GERMAN FEDERAL COURT (BGH)

As expected on December 11, 2014. The German Federal Court (BGH) has also ruled that if the purchaser has purchased licenses under a preferential quantity agreement that allows the use of multiple copies of the software, resale of volume licenses may be permitted provided that the copy referred to in is mentioned, the original purchaser rendered unusable (deleted) and also in this case if the license in question has not been used before.

Decision of the BGH of December 11, 2014:

'The resale of a copy of software downloaded from the copyright owner's website does not require subsequent purchasers to receive a physical storage medium containing a copy of the computer program used; it is sufficient for subsequent purchasers to download one copy of the program from the copyright holder's website."

Again, it was confirmed that buyers do not have to be afraid of software producers in connection with the purchase of used software and its use. According to the Public Procurement Chamber in Münster, on the basis of judgments of the Supreme Court of the European Court of Justice and BGH, lawsuits for prohibition or damages in connection with the use of software on the basis of secondary usage authorizations can no longer be objectively understood. Besides, BGH clarified that there was no evidence of a financial loss of the software producers.

Used licenses are no different from new licenses, and used software is not recognizable compared to new software.

Both the judgment of the European Court and BGH are final.

Laws and directives applicable in connection with assignment

Decision C-128/11 of 2012 . of the European Court (Exhaustion of the right of distribution, the concept of lawful purchaser.)
Directives of the European Parliament (EC) 2009/24 and (EC) 2001/29. (On the legal protection of computer programs.)
Regulation (EU) 910/2014 EP and Government Regulation 137/2016. (VI. 13.) . (About digital authentication regulations.)
Government Regulation ITM 1/2018. (VI. 29.). (About digital archiving regulations.)

Directive of the European Parliament and of the Council (EC) 2009/24

'Directive 2009/24/EC on the legal protection of computer programs - Sale of computer programs downloaded from the internet - Article 4(2) and Article 4(2) 5th subparagraph (1) – Exhaustion of distribution rights – Concept of “lawful purchaser”'

On the basis of the above reasons, the Court (Grand Chamber) decided as follows:

1) "4 article (2) paragraph Directive of the European Parliament and of the Council on the legal protection of computer programs of 23 April 2009 No. 2009/24/EC should be understood as meaning that the right to distribute copies of a computer program is exhausted if the entity entitled to the rights who also authorized the free download of that copy onto a data carrier, in return for a fee corresponding to the economic value of that copy, and also ensured the right to use the copy in his possession for an indefinite period.
2) "Articles 4(2) and 5(1) of the Directive must be understood to mean that in the event of resale of all user licenses, including resale of a copy downloaded from the copyright holder's website, a computer program which the license was initially sold by the said rightholder to the first purchaser without time limit in exchange for a fee corresponding to the economic value of the said copy, the second purchaser of the said license and all subsequent purchasers of the license may invoke the right of exhaustion of distribution pursuant to Article 4(2) of that Directive, they may therefore be considered lawful purchasers within the meaning of Article 5(1) of this Directive who are entitled to a reproduction right in accordance with the latter provision.'

Official Sources, INFORMATION

UE Infocuria (C-128/11.): Opening - Judgment of the Court

EUR-lex: opening - Directive 001/29/EC

EUR-lex: opening - Directive 2009/24/EC

Decision of the Federal Court: opening - BGH

Government regulation: 910/2014/EU EP and 137/2016. (June 13)

EU Curia: Opening - Press Release No 94/12