📜 End User License Agreement (EULA)

Software: BOTANIKA – Green Nature
EULA Version: 1.2
Effective Date: 9 October 2026

This End User License Agreement (“EULA”, “Agreement”) is a license agreement within the meaning of Section 2358 et seq. of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, concluded between you (the “Licensee”) and Mgr. Petr Vitásek (the “Author”, the “Licensor”), governing the terms of acquiring a license to and using the software BOTANIKA – Green Nature (the “Software”).

By installing, activating, or using the Software, you agree to the terms of this Agreement, and the Agreement is thereby concluded. If you do not agree to these terms, do not install, activate, or use the Software. If a natural person concludes this Agreement on behalf of a school or another organization, that person represents that they are authorized to do so.

1. Definitions

For the purposes of this Agreement, the following terms have the following meanings:

• “Software” means the program BOTANIKA – Green Nature (original Czech title: BOTANIKA – Zelená příroda), including all of its components, updates, data files, images, illustrations, texts, databases, and other elements.
• “Licensee” means a natural or legal person who has lawfully acquired a license to the Software and is responsible for compliance with the terms of this Agreement.
• “User” means a natural person who installs or uses the Software on the basis of an authorization granted by the Licensee; in the case of the Home License, the User is also the Licensee.
• “Device” means a computer, laptop, or other compatible hardware device on which the Software can be installed and used.
• “License” means the non-exclusive authorization to use the Software to the extent set out in this Agreement and in the relevant license type agreed upon purchase.
• “Institution” means a school, educational establishment, non-commercial organization, or other legal entity or organizational unit that has obtained authorization to use the Software within the scope of its activities under the relevant license type.
• “Computer Classroom License” means the authorization of an Institution to install and use the Software on devices located in a computer classroom or designated for its operation, in the number and to the extent agreed upon purchase of this license.
• “Activation Key” means a unique code provided by the Author that enables activation of the full version of the Software.
• “School Microsoft 365 Account” means a Microsoft 365 user account issued by a school that uniquely identifies a pupil or employee of that school and serves to verify the authorization to use the Software within the scope of the purchased Multi-User License.

2. Grant of License

The Author grants the Licensee a non-exclusive license to install and use the Software by the Licensee and by authorized Users within the scope of the purchased license type. The License may not be transferred to another person or entity unless expressly provided otherwise in this Agreement. Reinstallation or activation of the Software on a replacement device is governed by the terms of the relevant license type and does not require the Author’s consent, provided that those terms are complied with.

The License is granted for the fee agreed upon purchase of the relevant license type, without territorial restriction and for the term specified in Section 3. The License authorizes use of the Software solely in the manner necessary for its installation and use for the intended purpose, in particular reproduction of the Software in the memory of a device to the extent necessary for running and operating it; no license is granted for any other manner of use.

The Software is licensed, not sold.

The Licensee proves the authorization to use the full version of the Software by a document evidencing the lawful acquisition of the license, such as a paid tax document (invoice) or proof of purchase, together with a valid Activation Key or another verification of authorization supported by the relevant license type.

Without a valid Activation Key or another supported verification of authorization, the Software operates only as a time-limited trial version (Trial). The trial version is provided free of charge, solely for the purpose of evaluating the Software and for the period specified in the Software; otherwise, the provisions of this Agreement apply to it mutatis mutandis.

3. License Types

Unless the term of the license is expressly agreed upon purchase of the relevant license type, the license is granted for an indefinite period. This is without prejudice to the conditions for termination of the license under Section 9 of this Agreement or to the time limitation of the trial version. Use of the Software by other entities or for purposes other than those for which the license types under Sections 3.1 to 3.4 are intended, in particular for business or other gainful activity outside the field of education, is possible only on the basis of a license separately agreed with the Author.

3.1 Multi-User License for Primary and Secondary Schools

• Allows installation and use of the Software on all computers of the school.
• If the school is the Licensee of a valid Multi-User License and uses the Microsoft 365 service, its pupils and employees may use the Software on their private or home devices, exclusively by signing in with a valid School Microsoft 365 Account.
• The authorization to use the Software on home devices lasts only for as long as the user is a pupil or employee of the school and has a valid School Microsoft 365 Account.
• Activation via a School Microsoft 365 Account serves solely to verify the authorization to use the Software under the school’s valid Multi-User License and is intended only for pupils and employees of the licensed school who have a valid School Microsoft 365 Account. The processing of data related to activation is described in the Software documentation and in the privacy policy published on the Author’s website.
• The License must not be shared with persons who are not pupils or employees of the licensed school.
• The License is not intended for higher vocational schools, universities, or other institutions referred to in Section 3.2.

3.2 Use of the Software by Higher Vocational Schools, Universities, and Other Non-Commercial Institutions and Organizations

• Higher vocational schools, universities, and other non-commercial institutions and organizations may use the Software on the basis of Single Licenses under Section 3.3 or on the basis of separately agreed Computer Classroom Licenses.
• The License must not be provided to students for independent use outside the institution.
• Installation on student devices is not permitted.

3.3 Single License for Schools and Organizations

• The License is intended for a school, educational establishment, or other non-commercial institution or organization. It allows installation and use of the Software on one designated device of the Licensee, across all user accounts maintained on that device. In addition, the Licensee may allow each teacher or other member of the teaching staff whom the Licensee registers as an authorized User to install and use the Software on one device owned by that User, solely for the purpose of preparing lessons, educational materials, and related teaching activities.
• The authorization to use the Software on the User’s own device lasts only for the duration of the User’s employment or similar relationship with the Licensee. The License must not be provided to pupils, students, or other persons and must not be used for installation on their devices. The Licensee is responsible for keeping the Activation Key secure and may provide the Activation Key only to registered authorized Users and only for the purpose of installation under this Section. An authorized User must not share it any further. When reinstalling or replacing a device, the valid Activation Key may be reused without the need to request the Author to transfer the activation. The Software must be uninstalled from the decommissioned device and must no longer be used on it. Transfer of the License to another entity is not permitted.

3.4 Home License for Home Use

• The Home License is intended exclusively for private, home, and non-commercial use by one natural person. It allows installation and use of the Software on one device within that person’s user profile in the Windows operating system. The activation applies only to the user profile in which it was performed and does not entitle other users of the same device to use the full version of the Software.
• The Home License is not intended for schools, organizations, or entrepreneurs, nor for use in the exercise of a profession or in any other institutional or commercial activity. The License is personal and may not be transferred to another person.
• When replacing or permanently decommissioning a device, the User may use the valid Activation Key to activate the Software on another device within the User’s Windows user profile without having to request the Author to transfer the activation. The User is obliged to keep the valid Activation Key secure in case of future reinstallation, device replacement, or loss of access to the original user profile. Before activation on another device, the Software must be uninstalled from the original device and must no longer be used on it; the original and the new activation must not be used simultaneously.

4. Restrictions

The Licensee shall ensure that the Software is used by the Licensee and by authorized Users only in accordance with this Agreement. Neither the Licensee nor the User may:

• copy, distribute, sell, rent, lend, sublicense, or otherwise share without authorization the Software or the Activation Key; this does not affect the provision of the Activation Key to a registered authorized User to the extent expressly permitted by the relevant license type, nor the making of a backup copy of the Software where it is necessary for its use,
• modify, translate, decompile, reverse engineer, or attempt to obtain the source code, except where and to the extent that such acts are expressly permitted by mandatory legal provisions, in particular Section 66 of Act No. 121/2000 Coll., the Copyright Act,
• extract, copy, or distribute images, illustrations, or graphic elements contained in the Software, except for uses permitted by law,
• circumvent or attempt to circumvent technical protection measures of the Software, in particular its activation mechanism.

A breach of these terms may result in termination of the license under Section 9 of this Agreement.

5. Intellectual Property Rights

The Software and all of its components, in particular the code, texts, illustrations, databases, and graphic elements, are protected by the applicable laws of the Czech Republic, international treaties, and European Union law in the field of copyright, rights related to copyright, and the sui generis right of the database maker.

Copyright and other intellectual property rights in the Software belong to the Author or, where applicable, to third parties from whom the Author derives the relevant rights. This Agreement does not transfer to the Licensee or the User any rights to the Software, except for the license expressly granted by this Agreement.

Microsoft, Microsoft 365, and Windows are trademarks of Microsoft Corporation. Their mention in this Agreement is purely descriptive and does not imply that the Software is a product of, or is endorsed by, that company.

6. Updates, Technical Support, and Amendments to the Agreement

• The Author may provide updates, fixes, or improvements at the Author’s own discretion.
• Updates may modify or remove certain features, in particular for technical, security, or legislative reasons. If the Licensee is a consumer, the provision of updates and changes to the Software are also governed by the provisions of the Czech Civil Code on the supply of digital content; the consumer will be informed in advance of any change that adversely affects their access to or use of the Software and has the rights granted to them by law in such a case.
• Support is provided through the contact details set out in Section 11.
• The Author may reasonably amend this Agreement, in particular in connection with changes to the Software, license types, legal regulations, or technical methods of activation. The current version of the Agreement is published on the Author’s website and indicates the version number and the effective date. An amendment applies to an already acquired license only to the extent necessary due to changes in legal regulations, security, or the technical functioning of the Software; without the Licensee’s express consent, an amendment may not retroactively restrict the scope of an already purchased license or the rights to which the Licensee or the User is entitled under mandatory legal provisions. The Author will announce such an amendment by publishing it on the Author’s website and, where possible, also in the Software or by e-mail, at least 30 days before it takes effect, unless a change in legal regulations or a security reason requires a shorter period. If the Licensee does not agree with the amendment, the Licensee may reject it and terminate the Agreement on that ground with effect as of the effective date of the amendment; until then, the previous wording of the Agreement applies.

7. Disclaimer of Warranties

To the maximum extent permitted by law, the Software is provided “as is”, without any express or implied representations or warranties beyond the rights to which the Licensee or the User is entitled under mandatory legal provisions, in particular consumer protection laws. To that extent, the Author does not warrant in particular that the Software will be fit for a particular purpose, will always be available or error-free, or that the results of its use will be accurate and reliable.

To the maximum extent permitted by law, the User bears the risks associated with the use of the Software; this does not affect the rights of the Licensee or the User that cannot be excluded or limited under mandatory legal provisions.

8. Limitation of Liability

To the maximum extent permitted by law:

• The Author shall not be liable for lost profits, for damage resulting from loss or corruption of data, or for any other indirect or consequential damage, including damage caused by business interruption.
• The Author’s total liability for damage arising in connection with this Agreement is limited to the amount paid for the license.

The limitations under this Section do not apply to harm caused intentionally or through gross negligence, to harm to a person’s natural rights, in particular to life and health, or to any other extent to which liability cannot be excluded or limited under mandatory legal provisions, in particular towards consumers. Rights arising from defective performance remain unaffected.

9. Termination of the Agreement

This Agreement is concluded for the term of the license under Section 3 and terminates upon the termination of the license under this Section or for other reasons provided by law.

If the Licensee or the User materially breaches this Agreement, in particular by distributing or modifying the Software without authorization, circumventing its technical protection measures, or enabling its use by persons who are not authorized to use it, the Author is entitled to withdraw from the Agreement. The withdrawal takes effect upon delivery of a notice to the Licensee in written or electronic form, in particular by e-mail, and the license thereby terminates. This does not affect the rights of the Licensee or the User that cannot be excluded or limited under mandatory legal provisions.

The Licensee may terminate the Agreement at any time with immediate effect by notifying the Author. Unless otherwise provided by law, the Licensee is not thereby entitled to a refund of the price paid.

Upon termination of the license, the Licensee shall ensure that the Software is uninstalled and that all copies of the Software are deleted from the devices on which the Software was used under this license.

10. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Czech Republic. The jurisdiction of courts is governed by mandatory legal provisions; this does not affect the consumer’s statutory rights that cannot be restricted by contract.

If the Licensee or the User is a consumer, the relevant provisions of consumer protection laws also apply to their rights and obligations. In the event of a conflict between this Agreement and a mandatory statutory provision, that provision prevails.

A consumer has the right to out-of-court resolution of a consumer dispute arising from this Agreement. The competent body for the out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz).

If any provision of this Agreement is or becomes invalid, ineffective, or deemed non-existent, this does not affect the validity and effectiveness of the other provisions.

This Agreement is drawn up in the Czech language. If a translation into another language is made, the Czech version prevails in the event of any discrepancy.

11. Contact

Author and Licensor: Mgr. Petr Vitásek, Company ID No. (IČO): 69992771, address: Školní 100, 783 49 Lutín, Czech Republic
Website: www.botanical.bio
E-mail: vitasek@botanical.bio