The Parties are:
TTMM Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Warsaw, Poland, address: ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy), kept by the District Court of the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register (Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego) under KRS number: 0000789113, Tax Identification Number (NIP): PL7010928954, share capital of 5 000 PLN (in words: five thousand Polish zlotys), further referred to as: “TTMM”
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The Party entering into a Contract with TTMM, further referred to as the: “Purchaser” or “you”.
Below terms govern the Purchaser’s rights related to the purchase of an original copy of an award-winning clock face app (code) for the Pebble smartwatch (“the Work”). By concluding this Contract with TTMM, the Purchaser agrees on the following conditions, becomes an owner of the Work and receives certificate of its ownership.
1.
Both Parties represents that they have all rights enabling the conclusion of this Contract under the condition stated herein.
2.
Purchasing the Work includes ONLY the ownership of the chosen clock face (code) and NOT its elements (e.g. profile graphicshowing the purchased clock facewhich proves ownership of the code and allows the use of the clock face). It allows the Purchaser to upload the clock face to their Pebble watch. The Work is compatible with Pebble Original, Pebble Steel, Pebble Time, Pebble Time Steel and Pebble 2 devices.
3.
Purchasing the Work DOES NOT include the ownership or any other rights (e.g. copyrights, intellectual property rights) to design and clock face’s view and fonts, the name and description of the clock face, TTMM’s logo and name.
4.
The work CAN ONLY be used privately (not commercially), sold in whole through opensea.io platform on the same conditions as stated herein or shared for free to a wide audience. Please remember that if you share the link with the public any other Pebble’s owners can use it for FREE but you are still the owner of the clock face. Once a link is made available to the public, it will no longer be private. The license therefore covers the use of an original copy and only its FREE reproduction in an infinite number of copies.
5.
Subject to point 3 above, you CANNOT:
a)
rent, lease, sublicense, distribute, transfer, copy or modify the Work;
b)
adapt the Work in any way or use it to create a derivative work;
c)
translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the Work;
d)
use the Work or its elements in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of TTMM or any third party,
6.
TTMM is still entitled to grant access to the clock face being a part of the chosen Work to those its customers who previously purchased the clock face through the TTMM app for Pebble on IOS or Android softwares.
7.
All rights not expressly granted to the Purchaser herein are reserved to TTMM and other entitled entities.
8.
By concluding a Contract with TTMM you agree to be provided with the Work (delivery of a digital content that is not recorded on any tangible carrier) before the deadline to withdraw from the Contract and therefore you lose of the right to withdraw from the Contract.
9.
If any provision of this Contract is found to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
10.
This Contract is govern by Polish law and any dispute connected with it shall be resolved according to the provisions stated in the Polish Code of Civil Procedure.
