Before signing up on LogDrill Portal, using the services of the Portal and before the free trial of the test version of LogDrill’s log analysis application (hereinafter: Application) please read the following document carefully and use our services only if you accept each and every point of the document. LogDrill Informatikai és Szolgáltató Kft. (hereinafter: Manufacturer) permits the use of any element and function of the Portal as well as any service accessible from the Portal solely on the condition that User expresses to be bound by all the provisions stipulated or referred to within the scope of these Terms of Use.

By using any of the services and functions accessible through the Portal or any related webpages, User expressly declares that it:

1. has full authority to accept the Terms of Use and, undertake the obligations and exercise the rights fixed therein; it can acquire the rights and undertake the obligations set out in this document or any amendment thereof necessary for the full performance of the legal relationship coming into effect on the basis of these Terms of Use on behalf of itself or the natural or legal person, as well as unincorporated organisation represented by it;
2. has learnt about and accepted all the provisions of the Terms of Use – including warranty obligation clauses, full or partial disclaimers as well;
3. acknowledges that the application that can be freely tried through the portal is a test version for which Manufacturer LogDrill Informatikai és Szolgáltató Kft. accepts only limited liability for compensation and warranty – as defined in these Terms of Use – regarding its trouble-free operation;
4. acknowledges that an agreement – concluded electronically without any need for further verbal or written confirmation and based on mutual undertakings – has been reached between the parties concerning the use of the Portal and services available through it, for the proof of which only the log files produced by the system providing the background of the Portal and handled electronically by Manufacturer are available. The log files are provided with a timestamp by Manufacturer, the originality and pertinence of content of which both parties shall accept as valid until proven otherwise. The agreement reached on the basis of these Terms of Use shall not be regarded as a written CONTRACT; it is not filed and will not be made available later as a filed contract by Manufacturer. The language of contracts is English.

 

These Terms of Use is available for download in pdf format in both Hungarian and English language from the following websites of Manufacturer: www.logdrill.com and www.logdrill.hu. Lack of knowledge about the provisions of Terms of Use published shall not relieve User from the obligation to comply with the provisions. By providing possibility to download the Terms of Use, Manufacturer complies with its obligations as defined in Art. 5(1) of Act CVIII of 2001 on certain issues of Electronic Commerce Services and Information Society Services, as well as in Art. 3(1) of Government Decree 17/1999 (5 Feb) on Distance Contracting.

 

There is no such normative code of conduct regarding the services available on the basis of these Terms of Use which Manufacturer shall be subject to.

 

I. Manufacturer’s data

 

Name of Manufacturer:	LogDrill Informatikai és Szolgáltató Kft.
Registered Office:	H-8200 Veszprém, Virág Benedek utca 4.
Company registration number:	19-09-514871, kept in the records of Company Court of the Regional Court of Veszprém
Tax number:	23776755-2-19
Bank account number:	Budapest Bank Zrt. 10101126-08342600-01003007
Authorised representative:	Dr. Zsolt Nagy, managing director
Postal address:	H-8200 Veszprém, Virág Benedek utca 4.
Phone number:	+36 70 978-0088
Fax number:	+36 1 228 5414
E-mail address:	info@logdrill.hu
Website:	www.logdrill.hu; www.logdrill.com

 

II. User

 

The natural or legal person or unincorporated organization who or which uses any of the services of the Portal shall be regarded as User in respect of these Terms of Use.

 

III. Services available on the basis of the Terms of Use

 

Through the Portal, Manufacturer – following registration – shall make available for User the following electronic commerce services, as defined in Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services:

 

1. The online trial version of the Application available on an individually generated virtual machine for seven (7) days after a request (by choosing the ‘request of virtual machine’ button available after registering on the Portal);
2. The documentation connected to LogDrill Application, including the software data sheet, the descriptions of the application environment and use cases (product information services).

 

The individually generated virtual machine provided by Manufacturer to User and available online through the administrative interface of the Portal shall only be used for the running of the trial version of the Application, no other software can be installed or run on it and no other content can be stored on it. Manufacturer allows User the assigned use of the virtual machine with the help of KÜRTCLOUD service of KÜRT Információbiztonsági és Adatmentő Zrt. (company registration number: 01-10-043994, registered office: 2040 Budaörs, Szabadság út 301.) free of charge. Within the time limit, dashboard settings, query patterns and report templates can be stored and reports can be saved and exported into printable files in the trial version of the Application. Following the expiration of the time limit, the saved settings will be deleted. Following the expiration, new virtual machine may be requested with the same registration. The portal continuously shows the days remaining from the time limit.

 

The use of KÜRTCLOUD by Manufacturer does not create legal relationship between User and KÜRT Zrt.; KÜRT Zrt. is contracted only with Manufacturer.

 

Manufacturer, as the sole owner of the Application, allows a non-exclusive right for User to use the trial version of the Application accessible through the Portal within the extent specified in these Terms of Use. Supplementary documentations and auxiliary material connected to the Application that were uploaded to the portal shall be regarded as parts of the Application to which the effect of this document is in force without any time limit. The language of the Application is English.

 

User acknowledges that information concerning products, services and prices published on the Portal as well as the supplementary information provided within the framework of the product information service shall not constitute a binding offer.

 

IV. Definitions

The following expressions, words and notions of these Terms of Use should be interpreted as defined below. These definitions shall be valid for the whole text of the Terms of Use as well as for all the documents which form an integral part thereof:

 

‘User parameter settings’ the modification of the Application, its dashboard, settings necessary for the configuration of exportable reports and values, executed according to the intended use, following the methods and scope defined by Manufacturer or fixed in the supplementary documentation, using the available menus and tools provided in the Application for this purpose.

 

‘Third Party’ phrase means any natural or legal person or unincorporated business association other than the Parties.

 

‘Unauthorised use’ phrase includes all user behaviours different from those authorized in these Terms of Use, including but not limited to the overuse exceeding the scope of the right to use provided on the basis of this document.

 

‘Portal’ the online interface serving for the registration necessary for the use of services provided by Manufacturer, as well as for the access of services, communication with Manufacturer and for the publication of information regarding Manufacturer’s products.

 

‘Product information service’ regardless their appearance or storage media, all documentations in connection with the Application, particularly but no exclusively the user manual and program specification of the Application, descriptions available on the official website of the product and sponsor information

 

V. Rights and obligations, statement of limited liability

 

Manufacturer as the owner, operator and user of the system, devices and applications providing engineering and technical background to the services available on the Portal, provides User with non-exclusive rights of use separated and independent from other Users with the extent fixed in these Terms of Use.

 

User acknowledges that the Portal and services accessible through it, particularly the trial Application (test version), the data, documents, information, pictures, charts, graphs, graphics published on the Portal, as well as the design of the website are all protected under laws and international conventions on intellectual property. User shall not acquire ownership over the Application or its modules, the related patents, copyright or property right or over the trademarks; it only acquires non-exclusive right to use with a limited scope, based on the original and derivative rights of Manufacturer in respect of the trial version available online from the Portal. Manufacturer declares that concerning all service elements, it disposes of the derivative rights provided for User within the framework of these Terms of Use, hence all acts of use executed by User in compliance with these Terms of Use shall be regarded as lawful.

 

User acknowledges that it is not authorised to the exploration, decryption, translation, alteration, modification, development, adaptation beyond the framework of user parameter settings, investigation, analysis of its structure and function beyond the scope permitted by proper use of the Portal and any source or object code necessary for the operation and access of services as well as the Application available on it or any unit or component of the Application or the download, copy or distribution of the Application.

 

The data, documents, pictures, charts, graphs and graphics published on the Portal can only be used if the ‘© LogDrill Informatikai és Szolgáltató Kft.’ remark, referring to the Portal and the copyright protection legally due to Manufacturer is displayed on each and every copy the source, provided that:

1. the act of use happens for the purpose of the dissemination of knowledge; and
2. it does not serve the commercial or other gainful activities of neither User nor a Third party; and furthermore, that
3. the data, documents, information, pictures, charts, graphs and graphics are used without modification.

The Portal cannot be copied neither in whole nor in part without the expressed prior permission of Manufacturer.

 

The name of the Application, ‘LogDrill’ and the visual imagery applied are protected under Act XI of 1997 on the Protection of Trademarks and Geographical Indications and other international conventions related to trademark protection; only LogDrill Informatikai és Szolgáltató Kft as trademark owner is entitled for its use or the authorisation of its use. User is obliged to refrain from any sort of use and misuse of the trademark, as well as from the use of any kind of a brand name, trade name or logo similar to or confusable with those mentioned above or from submitting an application for their either direct or indirect registration in Hungary. The owner of the trademarks, brand names and logos indicated on the Portal is the person or organisation specified there, the rights of which are protected under the same laws as mentioned above.

 

User cannot resell, let any other party use, assign or sub-license, rent out, give in usufructuary lease or leasing or in commodatum or lend the services and applications available on the Portal as well as the rights provided to them by these Terms of Use and cannot debit them in any form without the prior expressed, written permission of Manufacturer. Insofar as User provides a Third Party with access to the services covered by these Terms of Use, they shall accept liability for the activities of the Third Party as if they were theirs.

 

User undertakes that it shall use the service with respect to these Terms of Use, in a manner and for purposes in compliance with the existing legal requirements. User and persons acting on behalf of or in the interest of User cannot conduct activities against the Hungarian Criminal Code or activities being unlawful in any other way in the course of and related to the use of the Portal or services and applications available through it.

 

User acknowledges that the improper use of the Portal and services, applications available through it is strictly prohibited and it may involve the permanent limitation of access to the Portal and its services.

 

Manufacturer provides access to services and the right for the trial of the test Application for User after registering on the Portal. User acknowledges that the test Application available on the Portal is a trial version; hence its use shall be incurred at the User’s own risk only.

 

Manufacturer shall take all the necessary and reasonable measures for the safe operation of the Portal, however – with respect to the Portal and services accessible through it being available free of charge – excluding the damages caused intentionally, by gross negligence or criminal activity by it or another person within its circle of interest or responsibility or as a result of its default, as well as damages caused in life, physical safety or health attributable to it, the Portal does not accept liability for damages (also including the damages in User’s systems originating from incidental data loss in the course of using the Portal or its services) occurring in connection with operation of the services and applications available through it. Manufacturer excludes all liability for claims based on infringements which can be related to the alteration, modification and non-contractual and improper, unlawful use expressly not permitted by these Terms of Use of the Portal or any service accessible through it or the attempt of any of the aforementioned activities by other than Manufacturer or persons acting on behalf or in the interest thereof.

Manufacturer shall compile and publish data and information displayed on the Portal with the utmost care and under multiple controls. Nevertheless, the possibility of publishing false, misleading or incomplete data in certain cases as a result of editing or other reasons cannot be excluded. With regard to that information available on the Portal serve the sole purpose of informing, Manufacturer does not accept liability for the overall accuracy of the data, documents, information, pictures, charts, graphs and graphics displayed on the website and for that they are applicable for use intended by User, hence all risks connected to it shall be borne by User only. Manufacturer does not accept liability for any direct or indirect damage, cost or expense of User in connection with the use of the data or information published on the Portal, also including the damage related to data loss and lost profit.

 

User acknowledges that it shall accept liability for the legality of all the operations and actions executed to Manufacturer or Third parties with the e-mail address registered by it as if they were executed by themselves. User accepts liability for that they shall take all the appropriate and reasonable steps in order to prevent any unauthorised access, and cooperate with Manufacturer for the enforcement of legitimate claims based on unauthorised access. In the case of the violation of the liability stated above, Manufacturer may terminate User’s access, or may refuse the access request arriving from the related IP address without any time limit, even permanently.

 

User may modify its password given in the course of registration at their discretion. In the event of a suspected choice or use of unsafe user password, or compromise of the registration, Manufacturer, in order to ensure the safety of its systems and the data of its Users, shall be entitled to change, block or delete passwords and the related access of User without prior notification. Manufacturer shall not be liable for damages or service interruptions occurring as a result of the change, blocking or deletion of the password for the above mentioned reasons. Following the change in the password, Manufacturer shall inform User without delay – via their electronic contact given in the course of registration – about the password change, its reason and about the changed password.

 

In compliance with the provisions above, Manufacturer excludes any liability towards User or a Third party, which as a result of (i) the violation of these Terms of Use or any provisions by User or persons acting on behalf of or in the interest of User, (ii) the improper or inappropriate use, (iii) wrong or unauthorised operation, (iv) user parameter settings of the Portal or any element thereof and (v) the unsafe guarding of registered accesses as well as (vi) the result of the improperly confidential controlling of access data (login names, passwords, other codes) occurring in the circle of interest of User. Hence, for the above mentioned reasons, User shall be strictly liable for the damages caused to a Third party.

 

User acknowledges that Manufacturer shall only be regarded as (content) provider in respect of the services, applications and files provided on the Portal by itself or persons acting on behalf of or in the interest thereof within the interest circle of Manufacturer as referred to in Act CVIII of 2011 on Certain Issues of Electronic Commerce Services and Information Society Services. Manufacturer shall act in compliance with its legal obligations, hence as an intermediary provider, it shall not be obliged to verify the content of data only transmitted, stored or made available by it; moreover, it shall not be obliged to search for such facts or conditions which would refer to illegal activity.

 

User acknowledges and accepts that Manufacturer may limit or even permanently prohibit their further access to the Portal, any of its elements, the service accessible through it and to the applications, insofar as:

 

1. User attempts (i) to download or copy the services, particularly the test application without permission, or (ii) to bypass or manipulate the technical security as well as the usage time setting mechanisms the Portal, its basic infrastructure, the virtual machine created for the trial of the LogDrill application as well as of the software and applications given to a licensee; or
2. it executes actions, without the authority of Manufacturer, that influence the proper operation of activation, identification, security, timing and technical protection mechanisms built into the Portal, its basic infrastructure, service elements accessible through the Portal and into materials given to a licensee.

 

The violation of the restrictions recorded in respect to the right of use in these Terms of Use shall be regarded as unauthorised use, and it forms basis of the immediate cancellation of User’s access.

 

User acknowledges that Manufacturer shall not be liable for the security of data flow outside its direct scope and on the Internet, or for the delivery or reception of the consignments. Manufacturer cannot be held liable if any intermediary provider limits or filters network traffic due to a network security incident. User is obliged to take all the reasonable steps within its circle of interest in order to prevent any possible security incidents.

 

VI. The process of using the Service

 

The prerequisite of accessing the Portal and using the services available through it is the access to Internet network. User can access the Portal and its services through the Portals: www.logdrill.hu, or www.logdrill.com, through any intermediary Internet access service. Manufacturer shall only provide User with the right of access and use of the Portal and services available on it (including the test Application) after registration following the acceptance of the Terms of Use.

 

Within the framework of an electronically executed agreement based on these Terms of Use, User may enter its data necessary for registration and may declare the acceptance of the Terms of Use on the electronic form available from the menu item ‘registration’.

 

User, in the course of filling out the registration form, is obliged to enter data which are: (i) their personal data, in the case of a natural person User, (ii) valid data recorded in public registers, in the case of a legal person or unincorporated business associations. In the course of the contracting process, User, being aware of their legal liability, shall declare that the information provided are correct.

 

Manufacturer is obliged to verify data entered by data subjects. The person who gave the data shall be solely responsible for the conformity of the entered data. Every data subject takes responsibility in the course of entering their e-mail address for that nobody else uses services from the given e-mail address. In respect of this responsibility, any sort of liability in connection with logging in with a given e-mail address is accepted exclusively by the User who registered the e-mail address concerned.

 

Insofar as User entered the data of a Third party in the course of registration necessary for the use of the Portal and the service or causes any damage during the use of the Portal, Manufacturer may assert a claim towards the registered party. Manufacturer provides the authorities involved with all reasonable assistance for the termination of the infringement, the exploration of the circumstances and for the identification of the wrongdoer.

 

In the course of registration on the portal, the following data are required to enter:

 

1. full name;
   1. e-mail address;
   2. password;
   3. client group (analyst and expert/business decision maker/trader/investor).

 

Data that can be entered optionally in the course of registration – for a wider access of product information services:

 

1. telephone number;
2. postal address (postal code/country/city/street/house number);
3. name of the business organisation represented by data subject.

 

Subsequent to the filing in of the form, User may inspect, check and correct possible errors in the given data. User shall approve the filled-in form and the data recorded.

 

Following the acceptance of the registration and these Terms of Use User, User shall forthwith get confirmation via their electronic contact given in the course of registration about the fact of the registration, as well as about the possibility to login to the Portal. In the electronic message, Manufacturer shall draw User’s attention to the methods of indicating questions, remarks or errors in connection with the Portal, as well as to the customer service mailbox available at info@logdrill.hu serving for receiving notification on the obstacles occurring while logging in.

 

VII. Scope, withdrawal, modification, expiry and termination of legal relationship

 

By accepting these Terms of Use, a legal relationship for an indefinite period comes into force between User and Manufacturer.

 

These Terms of Use – with the exception of the invalidity of a contractual provision based on the law or its retroactive amendment, or a court order – can only be modified by the unilateral legal statement of Manufacturer.

 

Manufacturer is not obliged to notify User in advance on its intention to modify the Terms of Use except for the data protection obligations, User’s obligations as well as for the provisions regarding gratuity of service elements defined in these Terms of Use. Manufacturer shall inform User on its intention to amend elements within the scope of the above mentioned circle of exceptions thirty (30) days before the amendment the latest, by publishing it on the Portal. The Terms of Use cannot be amended retroactively.

 

By deleting their registration, User may terminate the use of services accessible through the Portal with an immediate effect. The deletion of registration shall be regarded as the termination of contractual legal relationship based on these Terms of Use with User’s normal cancellation of the contract.

 

In the case of the deletion of registration – insofar as no debt charges exist to Manufacturer originating from any service – User may register on the Portal again by following the procedure specified in these Terms of Use.

 

Manufacturer may also terminate the legal relationship with immediate effect regarding the use of free service elements accessible through the Portal with normal cancellation.

 

Rights of use provided by these Terms of Use shall also expire due to the expiration or termination of the legal relationship. The termination of the legal relationship between the parties shall not limit Manufacturer’s right for further enforcement of its rights.

 

VIII. Suspension of Service

 

Manufacturer reserves the right to suspend any service available through the Portal, the modification of its characteristics as well as to the termination of service elements. Manufacturer shall inform User about this by publishing it on the Portal.

 

Manufacturer shall be entitled to implement exceptional and immediate measures affecting the operation and access of the Portal and services available through it for the inspection of Manufacturer’s systems for the safety of its infrastructure and the Portal, if it is appropriate, the security of its own devices and networks, or the User’s or a Third Party’s devices and networks for the prevention of damages.

 

IX. Fees and terms of payment

 

The use of services accessible through the Portal is free of charge.

User acknowledges Manufacturer’s right for the termination of User’s free access with their prior notification, as well as for the amendment of the conditions of access with their prior notice. Manufacturer is obliged to publish the notification referred to in this paragraph on the Portal thirty (30) days prior to the amendment, as well as obliged to send it to the electronic mailbox registered by User.

Insofar as User does not accept the new terms, Manufacturer is obliged to terminate their access without any further notice.

 

X. Privacy and confidentiality

 

User gives their expressed consent to the (i) controlling – in compliance with the provisions of Act CXII of 2011 on Informational Self-Determination and Freedom of Information – (ii) free collection, (iii) copy, (iv) replication – in systems used during the operation of the Portal with the help of data media – and (v) adaptation necessary for its functional operation of their personal data, by Manufacturer or by persons acting on behalf of it, necessary for the performance of obligations Manufacturer committed itself to based on these Terms of Use. The personal data referred to are:

 

1. data given in the course of registration;
2. related log file(s) regarded as personal data; as well as
3. related IP addresses and other technical identifiers.

 

Manufacturer or persons acting on behalf of it shall not be entitled to the distribution or communication of User’s data to the public.

 

User acknowledges that Manufacturer may claim the personal data of persons acting on behalf of or in the interest of User for verifying their procedural rights, and may give permission for the access of the Portal’s services to the persons acting, dependent on the successful identification of the person.

 

Manufacturer controls personal data given by User or collected with the consent of User in compliance with the data protection directives published on the Portal, in an assigned manner, within the time period necessary for the proper use of the services of the Portal and for the enforcement of related rights Manufacturer accepts liability and shall take all the reasonable measures for the confidential and secret management of User’s data given in the course of the use of the Portal or services available through it.

 

User gives their expressed consent to Manufacturer’s storage of data given in the course of registration as well as the IP address and technical identifiers used while accessing the Portal for six (6) months following the expiration or termination of the legal relationship between the parties. Manufacturer controls the data stored on the basis of this paragraph for the sole purpose of any possibly necessary right enforcement in connection with the use of services accessible through the Portal. Insofar as User withdraws their data management consent based on this paragraph, Manufacturer may refuse access to the Portal and the free services accessible through it.

 

Manufacturer shall cooperate with the proceeding authorities and courts with respect to the statutory requirements and within the framework of this, it shall fulfil the appeals and requests for official or legal data transmission. User cannot assert a claim due to Manufacturer’s bona fide performance of the official data transmission(s).Manufacturer – unless provided otherwise by the relevant official order – shall inform User, simultaneously with the performance of the request, about the transmission of data related to the service elements used by User due to a legal or official request.

 

User acknowledges that any documentation, document, know-how, intellectual property, idea, principle, concept, procedure, operation method, design, business plan, financial or marketing information, code of the Application, the related logic file format, screen and logical field description concerning the service, any component or element of the service or the infrastructure providing its operational background, as well as all the performance measurement data or test results (irrespective of the implementer of the measurement or test) concerning the Portal and the services accessible through it – irrespective of their appearance – shall be regarded as confidential information and are owned exclusively by Manufacturer. User shall be obliged to store all data within this scope they become aware of in the course of the use of the Portal and services available through it with respect to the effective legislations regarding the protection of trade secrets and to take all the appropriate and reasonable measures necessary for the highest possible degree of their protection. User shall not communicate the confidential information regarded as trade secrets to a Third party or shall not publish them without Manufacturer’s expressed prior consent.

 

Information published by Manufacturer in a manner that they become available for anybody, or qualified as being public by Manufacturer, the law or by authority or court decision, as well as data having been lawfully published before the creation of the legal relationship between the parties shall not be considered as trade secrets.

 

XI. Reservation of rights

 

Any late enforcement or failure of the enforcement of rights defined in these Terms of Use to which Manufacturer is entitled shall not mean the waiver of its right enforcement possibility; furthermore, any partial or exclusive right enforcement shall not exclude the further or remaining enforcement of rights. Waiver of any right originating from or related to these Terms of Use shall only be valid in the case of an expressed written statement of Manufacturer.

 

The invalidity of any provisions defined in these Terms of Use shall not affect the validity and effect of the other provisions, in the case of partial invalidity, the rest of Terms of Use shall be in effect without amendment.

 

XII. Assignment

 

User acknowledges manufacturer’s right to freely assign or subcontract any right or obligation of User recorded in these Terms of Use following the transmission of the notification including the data of the beneficiary or subcontractor specified in Chapter I.

 

User accepts and provides their consent to that Manufacturer may involve any of its member companies or subsidiaries into the performance of any of its obligations related to the contractual legal relationship based on these Terms of Use following the communication of its data specified in Chapter I. The member companies and subsidiaries of Manufacturer may take all the necessary measures for the enforcement of any right Manufacturer is entitled to on the basis of these Terms of Use.

 

XIII. Miscellaneous and closing provisions

 

The Parties may communicate their statements regarding the performance of their obligations and enforcement of their rights originating from these Terms of Use in electronic messages as well. User acknowledges that Manufacturer may publish information concerning the Portal and the services available through it (also including the test Application available on the website) by publishing them on the Portal.

 

In issues not regulated by these Terms of Use, the Hungarian law shall be regarded as authoritative, particularly the Civil Code of Hungary, Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services, as well as Act LXXVI of 1999 on Copyright.

 

The Parties shall attempt to settle the disputes occurring in connection with these Terms of Use or its violation in an amicable way. In the case of its failure, the competent court according to the regulations of the Code of Civil Procedure shall be entitled to the assessment of the dispute.

 

Veszprém, 20 September 2013