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QUICKSTREAM™ licensing

QUICKSTREAM SOFTWARE LICENSE AGREEMENT


PLEASE READ THIS LICENSE AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO ALL OR SOME OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CANCEL THE SOFTWARE INSTALLATION.

IF THE SOFTWARE IS INCLUDED WITH THE MANUFACTURER'S SUPPLEMENTARY AGREEMENT, THE TERMS OF USE OF THE SOFTWARE PROVIDED THEREIN TAKE PRECEDENCE OVER THE FOLLOWING LICENSE AGREEMENT.

  1. Definitions


  1. Manufacturer - [tvhive sp. z o.o. with its registered office in Cracow (30-504), at ul. Kalwaryjska 69, whose registration files are kept by the District Court for Kraków-Śródmieście in Cracow, 11th Commercial Division of the National Court Register, under KRS number 0000789337, share capital of PLN 6500 (paid in full), using Tax Identification Number (NIP): 679-318-5462.

  2. Software - a computer programme produced by the Manufacturer under the name "Quickstream."

  3. End-User - a person using the Software.

  4. Computer - a device, including personal computers, mobile devices, workstations or other electronic devices for which the Software is intended and where it is to be installed.

  5. License - the right to use the Software under the terms of the License Agreement.

  6. License Agreement - this Quickstream Software License Agreement.

  7. Update - a newer version of Software that replaces or complements its existing version. This applies to any upgrades, revisions, patches for software bugs, improvements, repairs, modifications, additions or maintenance kits.

  8. Documentation - documents (regardless of carrier) describing the principles of Software operation and attached to the Software.


  1. Licence Subject


  1. The Manufacturer has full copyright to the Software, subject to Paragraph 2. The Manufacturer retains the exclusive copyright to the Software, its modifications and extensions.

  2. The Software may contain components that are licensed (or sublicensed) computer programmes under the free and/or open software license. A list of components that use the free and/or open software license is published at https://quickstream.tech/foss. This License Agreement applies to these components only to the extent provided in the free and/or open software license. The creators of computer programmes used in the context of the free and/or open software license are not liable to the End-User. The exclusion of liability for any title, including warranty and limitation of liability, must be interpreted in such a way, to the extent possible, as to come as close as possible to the absolute exclusion of liability and waiver of all liability in a particular case.

  3. This License Agreement aims to enable the Manufacturer to provide the User with the authorisation to use the Software in accordance with its intended purpose and under the terms and conditions of the License Agreement.

  4. The Software is protected under copyright law for the protection of works. Using the Software in a manner inconsistent or unforeseen by this License constitutes an infringement of the Manufacturer's copyright.

  5. The User may use the Software received on a data carrier directly from the Manufacturer or downloaded as a file from the Manufacturer's website according to the file download instructions posted on the website. Without the Manufacturer's consent, the User must not use the Software provided by third parties or shared by others.

  6. The Manufacturer stipulates that the Software may fail to work flawlessly with a Computer and other computer programmes.


  1. The granting and the scope of the License


  1. The User obtains a non-exclusive License to enter, download, install, launch, store, display and use the Software according to its functionalities, under the terms and conditions of the License Agreement and other agreements with the Manufacturer, provided that such have been concluded. The License is paid in line with the principles set out in the Price List published at https://quickstream.tech/pricing.

  2. Where, in order to exercise the License rights, it is necessary to have a permanent or temporary reproduction of the Software, in whole or in part, by any means and in any form, these activities can be carried out with the Manufacturer's consent.

  3. The License enters into force upon:

  1. concluding an agreement with the Manufacturer, the subject of which is the use of the Software, including the License Agreement;

  2. receiving the Software on any data carrier;

  3. downloading a file from the Manufacturer's website;

  4. installing the Software on Computer;

depending which of these activities takes place first.

  1. Any performed activity referred to above is equivalent to the End-User's obligation to comply with the principles set out in the License Agreement.

  2. The End-User has the right to make copies of the Software solely in order to create a backup copy to replace the legally owned media in case it is lost, destroyed or becomes unusable. Backup may not be used for other purposes and must be destroyed after the expiry of the right to use the Software.

  3. From the commencement of the License, the End-User has the right to receive the following services provided by the Manufacturer:

  1. software updates;

  2. support through https://docs.cloud.quickstream.tech;

  3. access to information and resources on the Manufacturer's website https://docs.cloud.quickstream.tech.


  1. Special restrictions


  1. The End-User must not modify the Software without the Manufacturer's written consent. The Manufacturer's consent is required to:
  2. translate, adapt, modify, change or introduce any other changes in the whole or part of the Software,
  3. disseminate, including resale, lending or leasing, of the Software or a copy thereof;
  4. use or disseminate any studies of the Software.
  1. The End-User must not transform any part of the Software into a human-readable form, transfer the licensed Software, or its subset, and allow a third party to do so, except in cases when this restriction is expressly prohibited by applicable law.

  2. A binary code of the Software and its source code must not be used or reverse engineered to create an algorithm of a similar computer programme.

  3. Except where this Agreement provides otherwise, the End-User has no right to transfer any rights or obligations conferred upon the End-User under this Agreement.

  4. In order to check the legality of the Software use, the Manufacturer reserves the right to use any technical means available for checking whether the End-User has a licensed copy of the Software. The Software can provide license information needed to verify the legality of the Software.


  1. Proprietary right
  1. The End-User acquires the right to receive Updates and technical support, unless expressly stated otherwise by buying the Software from the Manufacturer. The purchase of the Software is not associated with the transition of any copyright to the Software to the User. The Manufacturer reserves all rights, in particular to publish, reproduce, modify and exploit the Software.

  2. Software and Documentation are protected by copyright. It is allowed to make one backup copy of the Software. A copy must not be transferred to third parties.

  3. The End-User has the right to cancel the License at any time, however, it will be tantamount to the obligation to cease using the Software.

  4. This License does not grant to the User any intellectual property rights, including trademarks or other marks of the Manufacturer.


  1. Liability


  1. The User is responsible for all damages incurred by the Manufacturer resulting from a breach of the License Agreement, as well as resulting from the infringement of the Manufacturer's copyright to the Software.

  2. The Manufacturer guarantees that at the time of transfer of the Software to the End-User, the Software is fit for use in accordance with the Documentation.

  3. The Manufacturer does not provide any guarantee that the Software will work correctly in case of violation of the rules described in the Documentation or the Software specification and technical requirements or the License Agreement. There is no guarantee that the Software will work correctly if the User does not regularly install Updates.

  4. The End-User acknowledges that no software is completely free of errors and that it is recommended to make backup copies of the computer disk with regular frequency and reliability suitable for the User.

  5. In the case of defects in the carrier or a downloaded file, the User is obliged to report this fact to the Manufacturer at the address of its registered office. Notification of defects will be effective only if made in writing or sent to e-mail address hello@quickstream.tech. The Manufacturer's liability in this respect is six (6) months from the purchase date of carrier or file.

  6. The Manufacturer's liability for any errors in the Software is twelve (12) months from the purchase date of the Software and the delivery date of any Update. The Manufacturer is obliged to repair any Software errors notified before the expiry of that period. This liability expires after the period for which it was granted, at the time when subsequent Update was issued, as well as on the day of the Manufacturer's copyright infringement by the End-User.

  7. Software error means the operation of the Software in a manner inconsistent with the Documentation or the Software specification and technical requirements.

  8. The Manufacturer's liability does not include errors or malfunctions to the Software caused by:

  1. defective equipment, improper installation or incorrect settings of the Software or a programme cooperating with the Software or database server,

  2. improper handling of the Software, misinterpretation of results or ignorance of the law,

  3. interference in the Software or database with tools from other manufacturers,

  4. interference in the Software or database by unauthorised persons, i.e. anyone other than authorised representatives of the Manufacturer,

  5. failure to immediately report an error in the Software.

  1. The Manufacturer is liable only for damages resulting from its willful misconduct or gross negligence. The maximum amount of compensation which the Manufacturer will be required to pay may not exceed the amount equivalent to the price paid by the End-User to the Manufacturer for the License.

  2. The court competent for all disputes arising directly or indirectly from the terms of the Agreement is the court having jurisdiction over the registered office of the Manufacturer.


  1. Final provisions

  1. Cancellation of only certain provisions of the License Agreement does not imply the annulment of the other provisions. The annulled provision will be replaced by general provisions of the law governing these issues and, in particular, the provisions of the Act on Copyright and Related Rights, and the Civil Code. If the Software is intended for use only in a specific geographic region, the licensee may install the Software only in that particular geographic region. The licensee must also comply with all domestic and international export laws applicable to the Software, which include restrictions on destinations, end-users and end-use.