Terms of Use the KRATOS system

(„Terms of Use“)

  1. INTRODUCTORY TERMS
    • These Terms of Use apply exclusively to using the KRATOS system („KRATOS “) as a software solution for planning and budget accounting, which is developed for the Microsoft Dynamics 365 Business Central system, and regulate the mutual relationship between 4APP SOLUTION d.o.o., Drage Gervaisa 30, Zagreb, OIB: 18278836636 („Licensor“), as developer and seller of KRATOS, and the KRATOS user („User“).
    • The User is entitled to use KRATOS based on the contract with the Licensor (“User Agreement”), according to which he/she accepts terms and conditions of use in accordance with these Terms of Use.
    • These Terms of Use and the User Agreement constitute an entire agreement between the Licensor and the User regarding the usage of KRATOS. If the terms and conditions stipulated by the User Agreement differ from the terms and conditions set forth by this Terms of Use, the provisions of the Terms of Use which have not been specifically changed by the User Agreement shall continue to have the same effect and applicability.
    • Unauthorized use of KRATOS and/or usage contrary to the User Agreement or Terms of Use, constitutes a violation of the Licensor’s rights, including violation of copyright and similar rights, which authorizes the Licensor to take all necessary legal actions, including termination of the User Agreement, disabling the use of KRATOS and reimbursement of the entire damage resulting therefrom.
  1. Definitions
    • “KRATOS” is an application software, including all functionalities, instructions and user documentation issued by the Licensor, existing at the moment of entering the User Agreement, for KRATOS between legal entities which use the Microsoft Dynamics 365 Business Central (“Dynamics 365 Business Central”) and whose only and exclusive author, rights holder, owner, and inventor is the Licensor. Functionalities of KRATOS are set forth in section 3. of the Terms of Use and by particular the User Agreement.
    • “Installation” means all services the Licensor provides to the User for the purpose of enabling the User to use KRATOS in accordance with the Terms of Use and the User Agreement.
    • “User” means a legal person, a trade owner, sole trader or another business subject, that entered the User Agreement with the Licensor and thereby agreed to these Terms of Use, and with a User related legal person/sole trader/ trades/other business subject as to whose benefit is the use of KRATOS explicitly stipulated by the User Agreement.
    • “End user” is a physical person, employed by the User or is in another business relation with the User, which uses KRATOS.
    • “User Agreement” is an agreement on the delivery and the implementation of KRATOS, that is concluded between the Licensor and the User and whose integral part are these Terms of Use. For the avoidance of any doubt, the User’s written acceptance of the Licensor’s bid, User’s order form and other similar written requirements from the User, whose acceptance signifies the obligation of the Licensor to cede the rights to using KRATOS in accordance with Terms of use; all fall under the User Agreement.
    • “Microsoft Dynamics 365 Business Central” or “Dynamics 365 Business Central” is a software developed by the Microsoft corporation, including all functionalities, program code, instructions, user documentation and versions of the set forth software issued by the Microsoft corporation as a Licensor, according to the condition now of entering the User Agreement. User’s valid licence for using The Dynamics 365 Business Central is a prerequisite for installing KRATOS with the User. Installing KRATOS with the User is done in accordance with the extent of licensing rights to the Dynamics 365 Business Central that the User already has.
    • “Updating” / “Updates” means adding new functionalities or changes to the existing functionalities of KRATOS after installing KRATOS with the User, that are done solely at the Licensor’s discretion. The Licensor provides Updates to the User in accordance with these Terms and terms prescribed for using the Dynamics 365 Business Central by the Microsoft Corporation and a licensed distributor of the Dynamics 365 Business Central for Croatia.
    • “Fee” or “Fees” means both the compensation that the User pays to the Licensor for using the version of KRATOS determined by the User Agreement (“License fee”) and t