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online booking solution for car rental services & vehicle sellers.
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License

CarBooker is a proprietary software product protected by a copyright law 185/2015 Z.z. . It is provided on the base of non-exclusive License Agreement in the form of either an annual license (SaaS , subscription) or a perpetual license (final, one-time license).
CarBooker - differences between annual and perpetual license
Annual license Perpetual license
Infrastructure provided by Provider Acquirer
Initial installation yes, free 1) no, or charged
Security upgrades yes, free 1) no, or charged
Technical support yes, free 1) no, or charged
Initial costs low high
Total / long-term costs (TCO) lower by 6-8 years lower over 6-8 years
Code distribution no no
Code modification no yes
Limited number of cars yes no
Limited functionality on expiration yes no

1) Free according to a particular Contract, charged above the agreed free range.

License Agreement for CarBooker - sample text

Once the License Agreement has been concluded, the agreed terms will be configured directly in the application. The site owner can check license validity any time in Settings.

License Agreement - CarBooker - Annual license (sample)

concluded pursuant to § 65 et seq. of Slovak Act No. 185/2015 Coll. The Copyright Act, as amended
between the Provider and the Acquirer (hereinafter referred to as the "Parties")

1. Definition of terms

Acquirer: Company name, address, ID, on behalf of ..
Provider: Company name, address, ID, on behalf of ..
Application: Software product "CarBooker - online ordering system for car rental services".
Infrastructure: The hardware and software platform on which the Application operates.
Related services: Additional services provided to the Acquirer for the purpose of effective use of the Application, e.g. technical support, training, modification and development of code according to the Acquirer's requirements, etc.

2. Subject of the Agreement

2.1. The Provider hereby grants to the Acquirer a non-exclusive consent to use the Application under the terms and conditions set forth in this Agreement (the "License") and the Acquirer accepts the License granted by this Agreement and agrees to use the Application to the extent granted by this License.

3. Fee for granting the Licence

3.1. The Parties agree that the Provider grants the License to the Acquirer for a fee in the amount of ........... EUR for the agreed period (hereinafter also referred to as the "License fee"). Upon continued interest in using the Application, the Provider shall invoice the Acquirer for the next period before the expiration of the term. The Parties agree that after the expiry of one year from the signing of this Agreement, the License fee shall be reduced to ........... EUR. The License will automatically extend upon receiving the payment by the length of the invoiced period, while terms and conditions of this Agreement remain unchanged.
3.2. License fee shall be paid by the Acquirer on the basis of an invoice issued by the Provider, with a due date of 14 days. The Provider is entitled to make the Application operational only after payment received in full on his account.
3.3. License Fee does not include the Provider's costs for the required Related Services. These will be charged individually upon mutual agreement of the Parties.
3.4. Should the Parties agree to provide prioritized technical support or monitoring of the portal, the cost of such service is already included in the Licence fee pursuant to clause 3.1.
3.5. The Licence fee under clause 3.1 does not include VAT. VAT shall be included in the invoice if applicable.

4. Scope of the granted License

4.1. The Provider grants to the Acquirer a limited License as follows:
  1. maximum number of registered vehicles - e.g. 30.
  2. time validity of the License - begins on the day of crediting the License fee in full to the Provider's account, and ends on the last day of the period covered by the paid License fee. The validity of the License will extend automatically after receiving the License fee by the length of the paid period.
  3. territorial validity of the License - Slovak Republic.
  4. modification of the Application code - not permitted.
  5. distribution of the Application code - not permitted.

5. Rights and obligations of the provider

5.1. The provider is obliged to:
  1. Provide the initial installation and configuration of the Application according to the requirements of the Acquirer.
  2. Ensure the technical operation, stability and availability of the Application during the period of the License validity.
  3. Inform the Acquirer about planned outages and maintenance of the server or the Application.
  4. Provide support and Related services to the Acquirer within the agreed scope.
5.2. The provider is entitled to:
  1. Charge the Acquirer License fees as long as the Acquirer wishes to continue using the Application. The Acquirer will be notified in advance of the License expiry so that the continued functionality of the Application is not interrupted and the Acquirer has sufficient time to pay the Licence fee for the next period.
  2. Verify the validity of the Licence and compliance with granted Licence conditions as set out in clause 4.
  3. Restrict the functionality of the Application or refuse to perform the requested Related services in the event of non-compliance with the License terms or termination of the License.

6. Rights and Obligations of the Acquirer

6.1. The Acquirer is obliged to:
  1. Pay to the Provider the agreed License fees and fees for the agreed Related services pursuant to clause 3.
  2. Comply with the granted scope of the Licensing permissions pursuant to clause 4.
  3. Provide assistance and cooperate in solving technical problems.
  4. Ensure that the access to the Application is restricted to authorised persons only, such as employees. The Acquirer shall also ensure that access is revoked once reasons for granting it ceased to exist and shall prevent potential misuse of data or compromise security and/or stability of the Application.
6.2. The Acquirer is entitled to:
  1. Allow access to the Application to authorised employees or external collaborators.
  2. Withdraw from the Contract within 30 days of the License becoming effective pursuant to clause 8.1.
  3. Request technical support from the Provider pursuant to clause 7.
  4. Request prioritized technical support from the Provider based on a separately concluded Service Level Agreement (SLA).

7. Technical Support and Related Services

7.1. The Provider provides the Acquirer with assistance and support in the use of the Application, in particular in the form of:
  1. initial Application installation and environment setup.
  2. security updates.
  3. consultation and technical support.
  4. code development and customization of the Application according to the specific requirements of the Acquirer.
7.2. The Provider shall provide the aforementioned services within the scope of maximum 4 hours per year free of charge. Required services beyond the free scope will be charged according to the current price list of services available on the Provider's website or on the basis of an individual price offer.
7.3. Should the parties agree to provide the "prioritized technical support", the Provider undertakes to provide assistance no later than 2 hours since the problem being reported on regular working days. The costs incurred to rectify the problem will be included in the free service limit under clause 7.2 or will be included in a separate invoice.
7.4. Should the parties agree to provide the "portal monitoring", the Provider undertakes to regularly monitor technical condition of the portal and report serious issues to the Acquirer along with a proposal for their elimination. Monitoring is carried out daily on regular working days. The costs incurred to rectify identified problems will be included in the free service limit under clause 7.2 or will be included in a separate invoice.

8. Duration and termination of the Contract

8.1. The Acquirer is entitled within 30 days of the License coming into force to withdraw from the Agreement without giving any reason. In such a case, the Provider will refund the License fee less the costs incurred. Upon cancellation the Acquirer shall not be entitled to request Related services free of charge pursuant to clause 7.2.
8.2. The Provider shall have the right to withdraw from the Contract in the event of a breach of the Contract terms pursuant to clause 4. The Provider is obliged to notify the Acquirer in writing on the breach of License terms and conditions. Should the Acquirer fail to remedy the notified breach, the Provider shall have the right to withdraw from the Contract and claim compensation for caused damages.
8.3. The Parties may agree to terminate the Contract by agreement, which must be in writing or in another documentable form, e.g. by electronic communication. In the event of termination during the term of the License, the Parties may agree to refund an adequate portion of the License fee covering remaining period, while the Provider shall have the right to deduct the costs already incurred up till the day of termination.

9. Final provisions

9.1. The contracting parties are bound by confidentiality of information related to the business activities of the other contracting party. In the event of a breach, the injured party shall be entitled to claim compensation for damages. The obligation of confidentiality shall not be affected by the termination of this Agreement, unless the Parties agree otherwise.
9.2. Except as otherwise provided in this Agreement, it shall be governed by the provisions of the Slovak Copyright Act 185/2015 Coll. as amended, and other generally binding legislation of the Slovak Republic.
9.3. The Parties declare that they have duly read this Agreement, understand and acknowledge its contents, that this Agreement is clear and certain, expresses their true, free and serious will, and is not concluded in bad faith under manifestly unfavourable conditions.
9.4. This Agreement shall come into effect upon payment of the first License fee pursuant to clause 3.1.

In Bratislava, on Apr 16, 2022.


License Agreement - CarBooker - Perpetual license (sample)

concluded pursuant to § 65 et seq. of Slovak Act No. 185/2015 Coll. The Copyright Act, as amended
between the Provider and the Acquirer (hereinafter referred to as the "Parties")

1. Definition of terms

Acquirer: Company name, address, ID, on behalf of ..
Provider: Company name, address, ID, on behalf of ..
Application: Software product "CarBooker - online ordering system for car rental services".
Infrastructure: The hardware and software platform on which the Application operates.
Related services: Additional services provided to the Acquirer for the purpose of effective use of the Application, e.g. technical support, training, modification and development of code according to the Acquirer's requirements, etc.

2. Subject of the Agreement

2.1. The Provider hereby grants to the Acquirer a non-exclusive consent to use the Application under the terms and conditions set forth in this Agreement (the "License") and the Acquirer accepts the License granted by this Agreement and agrees to use the Application to the extent granted by this License.

3. Fee for granting the Licence

3.1. The Parties agree that the Provider grants the License to the Acquirer for a one-time fee of ........... EUR. (hereinafter also referred to as the "License fee").
3.2. License fee shall be paid by the Acquirer on the basis of an invoice issued by the Provider, with a due date of 14 days. The Provider is entitled to make the Application operational or accessible only after payment received in full on his account.
3.3. License Fee does not include the Provider's costs for the required Related Services. These will be charged according to the current prices available on the Provider's website or on the basis of an individual quotation.
3.4. The Licence fee under clause 3.1 does not include VAT. VAT shall be included in the invoice if applicable.

4. Scope of the granted License

4.1. The Provider grants to the Acquirer a limited License as follows:
  1. maximum number of registered vehicles - unlimited.
  2. time validity of the license - for the duration of the property rights to the Application.
  3. territorial validity of the license - Slovak Republic.
  4. modification of the Application code - is permitted.
  5. distribution of the Application code - not permitted.

5. Rights and obligations of the provider

5.1. The provider is obliged to:
  1. Make the source code of the Application available to the Assignee, or, if agreed, perform the initial installation and environment setup according to the Assignee's requirements.
  2. Provide support and Related services to the Acquirer within the agreed scope.
5.2. The provider is entitled to:
  1. Verify the validity of the Licence and compliance with granted Licence conditions as set out in clause 4.
  2. In the event of non-compliance with the License terms, refuse to perform the requested Related services or claim damages.

6. Rights and Obligations of the Acquirer

6.1. The Acquirer is obliged to:
  1. Pay to the Provider the agreed License fees and fees for the agreed Related services pursuant to clause 3.
  2. Comply with the granted scope of the Licensing permissions pursuant to clause 4.
  3. Provide assistance and cooperate in solving technical problems.
6.2. The Acquirer is entitled to:
  1. Request technical support from the Provider pursuant to clause 7.
  2. Request prioritized technical support from the Provider based on a separately concluded Service Level Agreement (SLA).

7. Technical Support and Related Services

7.1. The Provider provides the Acquirer with assistance and support in the use of the Application, in particular in the form of:
  1. initial Application installation and environment setup.
  2. security updates.
  3. consultation and technical support.
  4. code development and customization of the Application according to the specific requirements of the Acquirer.
7.2. The Provider shall provide the aforementioned services on the basis of the actual prices available at his website or on the basis of an individual price offer.

8. Dealing with the Licence

8.1. The Acquirer is entitled to grant a third party permission to use the Application within the scope of the granted License (hereinafter referred to as the "Sublicense") only with the prior written consent of the Provider. The Acquirer is entitled to transfer the License to a third party only with the prior written consent of the Provider.
8.2. The Acquirer is entitled to use the Application solely for his own purposes and is obliged to ensure that only authorised persons have access to the code.
8.3. The Acquirer is not entitled to distribute or use the code of the Application or any part thereof to develop a new software product that is visually or functionally similar to the Application.

9. Final provisions

9.1. The contracting parties are bound by confidentiality of information related to the business activities of the other contracting party. In the event of a breach, the injured party shall be entitled to claim compensation for damages. The obligation of confidentiality shall not be affected by the termination of this Agreement, unless the Parties agree otherwise.
9.2. Except as otherwise provided in this Agreement, it shall be governed by the provisions of the Slovak Copyright Act 185/2015 Coll. as amended, and other generally binding legislation of the Slovak Republic.
9.3. The Parties declare that they have duly read this Agreement, understand and acknowledge its contents, that this Agreement is clear and certain, expresses their true, free and serious will, and is not concluded in bad faith under manifestly unfavourable conditions.
9.4. This Agreement shall come into effect upon payment of the License fee pursuant to clause 3.1.

In Bratislava, on Apr 16, 2022.


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What is CarBooker

Professional order processing & booking system for car rental services and vehicle dealers.

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https://car-booker.eu