1. DEFINITIONS:
1.1. LICENSOR: NAWKA SOLUÇÕES E SERVIÇOS LTDA, a Brazilian legal entity with its registered office in Brazil and registered under the CNPJ with number 43.042.961/0001-71, the legitimate representative and owner of the copyright, and on the computer program described in "D".
1.2. LICENSEE: Any natural or legal person, assisted by its legal representative, who accepts the conditions of this contract of adhesion and its proposal.
1.3. OBJECT OF THE CONTRACT: Assignment of right of use (LICENSE) of TAVDATA and all its versions.
1.4. SOFTWARE: the word used to designate any of the programs mentioned in item "C".
1.5. ACCESSION: By downloading, installing or otherwise using the SOFTWARE, the LICENSEE accepts and agrees to this Agreement—including all terms and billing conditions—and confirms that they have read and understood its provisions. If you install the SOFTWARE on behalf of another individual or legal entity, you must first ensure that such end user has received, read, and accepted these terms and conditions in full.
2. CONTRACTUAL CONDITIONS
2.1. 2.1 This License and related technical-support agreement (the “Agreement”) is entered into by and between the LICENSOR and the LICENSEE and is governed by Brazilian Laws No. 9.609/1998 and No. 9.610/1998, which protect software intellectual property and copyright.
2.2 Upon payment of the applicable fees and acceptance of this Agreement, the LICENSEE is granted a non-exclusive, non-transferable right to use the SOFTWARE and to receive the level of support specified in the accompanying Invoice, fully subject to the terms and conditions set forth herein.
3. OBJECTIVES OF THE SOFTWARE
3.1. The SOFTWARE is designed to encrypt digital data using secret keys.
3.2. The SOFTWARE enables users to create any number of databases as required.
3.3. The SOFTWARE provides functionality for backing up and restoring databases.
3.4. The SOFTWARE is cross-platform and compatible with Microsoft Windows and Android devices.
4. OWNERSHIP
4.1. 4.1 The SOFTWARE and all associated intellectual property rights remain the exclusive property of the LICENSOR. The SOFTWARE is protected under applicable laws governing industrial property, copyright, trade secrets and related treaties, both in Brazil and internationally.
5. SINGLE-PRODUCT LICENSE
5.1 The SOFTWARE is licensed as a single product. Its components may be installed on multiple devices only if expressly permitted by a separate written agreement and reflected in the Invoice.
5.2 If the LICENSEE is a legal entity and undergoes dissolution, ownership of the SOFTWARE license and the right to maintenance services may be transferred to one designated partner, provided all SOFTWARE components are likewise assigned..
6. UNAUTHORIZED USE AND DISTRIBUTION
6.1 Use of the SOFTWARE without a valid license is strictly prohibited.
6.2 Redistribution, leasing, renting, lending, sublicensing, or any other unauthorized transfer of the SOFTWARE or this license is forbidden.
6.3 Any individual or entity that acquires or uses the SOFTWARE without authorization shall have no entitlement to technical support or other benefits, and may be subject to applicable civil and criminal penalties.
7. LICENSE RESTRICTIONS
7.1. The use of the SOFTWARE without its LICENSE is expressly prohibited.
7.2. The redistribution of this LICENSE is expressly forbidden, whether by sale, lease, sale, exchange, or any other commercial model, with or without monetary or financial values embedded.
7.3. The LICENSEE acquiring the SOFTWARE illegally or unrecognized by the LICENSOR shall not be entitled to technical support or any other extended benefit to the SOFTWARE and shall also be subject to the judicial, civil, and criminal measures applicable to the species.
7.4. If the type of license is an EVALUATION, DEMONSTRATION, ASSESSMENT BY DETERMINED TERM, PROOF OF CONCEPT (POC), or PILOT type, its use will be limited for purposes of tests or evaluation and cannot be used for productive purposes or in a term longer than authorized, as well as may not be sold or assigned to third parties, notwithstanding other provisions of this agreement.
7.5. If the license is not renewed, the SOFTWARE will be able to decrypt all information encrypted by it. However, it will no longer be possible to encrypt data or even open them in cases where the digital certificate provided by the LICENSOR has been used and its expiration date has been exceeded.
8. TRADEMARKS
8.1. The SOFTWARE acquisition does not grant the LICENSEE any right over the brands of services or products related to the SOFTWARE or the LICENSOR company.
9. COPYRIGHT
9.1. Ownership and all copyrights relating to the SOFTWARE, including but not limited to any images, photographs, animations, videos, audios, music, texts, embedded components and files, and accompanying printed materials, are the exclusive property of LICENSOR, or the respective third-parties whenever applicable in case of libraries and components.
9.2. LICENSEE agrees that suggestions for improvements and customizations requested at any time may be used in the product WITHOUT ANY COPYRIGHT COMMITMENT, AUTHORIZING LICENSOR TO MARK THE PRODUCT WITHOUT ANY COMPENSATION TO THE LICENSEE AT ANY TIME.
10. LICENSEE'S LICENSE AND CIVIL LIABILITY
10.1. The SOFTWARE may only be used when duly authorized by a LICENSE.
10.2. The SOFTWARE, regardless of its version, components, and the accompanying documentation, in print or digital format, is licensed through this instrument to only one LICENSEE, individual or legal, on a non-exclusive basis.
10.3. The intellectual property on the SOFTWARE is not subject to this agreement and remains the sole property of the LICENSOR.
10.4. The SOFTWARE may not be used by more devices as specified in a separate agreement or in the INVOICE, which accompanies the product.
10.5. It is prohibited to modify, deconstruct, reverse engineer, alter the whole or part, assign, distribute, reproduce, publish the SOFTWARE, as well as aggregate it to other products and license it, free or paid, or in any other capacity, to any person, disrespecting the copyright protection legislation and the terms of this LICENSE.
10.6. The rent, loan, or lease of this SOFTWARE is strictly prohibited to anyone and/or any title without the express and formal authorization of the LICENSOR.
10.7. Any attempt or action mentioned above on a version of the SOFTWARE intended for the LICENSED shall be considered a violation of a license agreement, and the LICENSOR may claim financial remedies for present or future damages arising directly or indirectly from this action.
10.8. For purposes of Legal Liability, it is agreed that LICENSEE shall be civilly and criminally liable in cases where any of the actions mentioned in this article:
10.8.1. They occur within LICENSEE's residential or commercial premises.
10.8.2. They occur within the premises of direct or indirect suppliers or associates of LICENSEE.
10.8.3. They are perpetrated by direct or indirect employees of LICENSEE or any of its direct or indirect suppliers or associates.
10.8.4. They are perpetrated by third parties having LICENSEE, its direct or indirect suppliers, or associates who have decisively contributed to such action by providing the SOFTWARE or any of its components.
10.8.5. They are perpetrated on the LICENSEE's computer(s), by direct or indirect omission, whether intentional or not.
10.9. Through this agreement, LICENSOR will only assign the right to use the system in question without presenting or providing the product's source code or internal structure. Only in special cases, at LICENSOR's convenience and exclusively for BUSINESS licenses, LICENSEE will have access to the SOFTWARE source code through the terms and rules imposed by LICENSOR at the time.
10.10. LICENSOR may, at any time, suspend or block access to the SOFTWARE if LICENSEE disrespects the content rules set forth herein or the legal regulations in force, without any refund of amounts paid or even as a service interruption.
10.11. The LICENSED now accepts full, individual and non-transferable liability for all illegal acts that may be carried out with the use of the licensed SOFTWARE on its equipment, in addition to those that may cause any damage, loss, lost profit or loss of any nature to any third party, person or entity.
11. DURATION
11.1. This contract will be valid for the period determined in the issue of the Invoice.
11.2. This term may be extended at the LICENSEE's discretion as a RENEWAL, and for this purpose, the LICENSOR will be contacted to issue a new USE LICENSE, when it will then be charged at the values practiced at the time of such renewal.
11.3. LICENSOR MAY AMEND THIS AGREEMENT UPON INSTALLATION OR RELEASE OF A NEW VERSION OR RELEASE. LICENSOR MUST EXAMINE REGULARLY by simply requesting the most current copy from LICENSOR. The amended contract is effective immediately upon installation of the version or "release" that generated the amended contract. If LICENSEE does not agree with changes to the contract, you must uninstall the SOFTWARE update. If LICENSEE decides to use the updated SOFTWARE, it will continue under the terms of the amended agreement.
12. NON-INDEMNIFIABLE TERMINATION
12.1. This contract will be subject to termination by the party considered innocent, without the other party being entitled to any indemnity, in the following cases:
12.1.1. The legitimate protest of a credit instrument in which it appears as debtor or co-obligee to the other party;
12.1.2. The filing of any action against another party that would affect its credibility or suitability;
12.1.3. The decree of bankruptcy or the impetration of the concordat of the other party, besides its judicial or extrajudicial dissolution;
12.1.4. The proven occurrence of fortuitous or force majeure reasons.
13. PRICES, PAYMENT CONDITIONS, REFUND, AND DEFAULT
13.1. Our online portal (including Microsoft Store and Google Play Store) defines the price of the SOFTWARE, exclusive of applicable taxes and fees. Any such taxes and fees will be added at the time of purchase.
13.2. The invoice accompanying your license—whether issued by us directly or by Microsoft or Google—will show the total price, including any taxes and fees.
13.3. Billing and payment terms (due dates, accepted payment methods, etc.) will be detailed in the invoice or in the store’s purchase confirmation.
13.4. Because you may evaluate the SOFTWARE for up to thirty (30) consecutive days, no refunds will be granted once the license is purchased.
13.5. If any payment is not received or is later reversed, the LICENSOR may suspend or block your access to the SOFTWARE immediately, without compensation. The LICENSOR is not liable for any data loss or other harm resulting from such suspension.
13.6. When the SOFTWARE is licensed through the Microsoft Store or Google Play Store:
a) Pricing, payment collection, refunds, and commissions are governed by the respective store’s terms and policies.
b) Microsoft or Google collects payments and remits to the LICENSOR the net amount after deduction of their standard commissions.
c) The store is solely responsible for processing all transactions (including refunds and chargebacks) and for any errors or delays in payment; the LICENSOR disclaims all liability arising from payment processing by those stores.
13.7. The LICENSOR will not be responsible for any charges, taxes or fees imposed by payment processors other than those specified in this agreement.
14. MAINTENANCE AND UPDATE OF SOFTWARE
14.1. The LICENSOR will make updates to the SOFTWARE available—at no additional cost—through its website or, if distributed by a store, via that store’s update mechanism.
14.2. Updates will install automatically when possible; if automatic updating fails, you will be notified by email.
14.3. If your environment prohibits automatic updates, you must notify the LICENSOR so that a manual or alternative update procedure may be arranged.
14.4. Major customizations or exclusive modules requested by the LICENSEE may incur additional fees, to be agreed in writing before work begins.
14.5. Feature suggestions submitted by the LICENSEE may be incorporated into future releases at the LICENSOR’s sole discretion, without any obligation to compensate the LICENSEE. By submitting suggestions, you grant the LICENSOR a perpetual, royalty-free license to use them.
15. LICENSEE AND WARRANTY LIABILITY RESTRICTIONS
15.1. THE LICENSEE ASSUMES ALL RISKS ARISING FROM INSTALLATION AND USE OF THE SOFTWARE. THE LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2. The SOFTWARE’s encryption algorithms and implementation are warranted against manufacturing defects and do not contain backdoors or malicious code. However, no computer program is entirely error-free; in the event of a defect, the LICENSOR may, at its option, attempt to remedy it.
15.3. Encryption is not tamper-proof against future advances in attack techniques or technologies, nor does it protect against unauthorized disclosure by parties who legitimately possess your decryption keys. The LICENSOR will not be liable for any breach or leakage arising before encryption, after decryption, or through vulnerabilities outside the SOFTWARE itself.
15.4. The LICENSOR is not liable for any interruption, unavailability or performance degradation of the SOFTWARE caused by force majeure, operating-system updates, telecommunications failures, store-imposed restrictions, third-party actions, or any other event beyond its reasonable control.
15.5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR COSTS OF RECOVERY, ARISING FROM USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.6. If licensing, distribution, or updates are provided via Microsoft Store or Google Play Store, you agree that any liability arising from those stores’ distribution practices, policies or platform changes is solely the responsibility of the store operator.
16. TECHNICAL SUPPORT
6.1. The LICENSEE is entitled to standard support via e-mail (Monday–Friday, 9 am–6 pm, local time), subject to the LICENSOR’s capacity and existing queue.
16.2. Premium support (SLA with guaranteed response times or on-site/remote assistance outside standard channels) requires a separate fee and agreement.
16.3. Support covers:
16.3.1. Installation and configuration guidance via e-mail.
16.3.2. Remote troubleshooting with the LICENSEE’s consent.
16.3.3. Priority given to BUSINESS-level licensees, whose operational impact is greater.
16.4. “Malfunctions” eligible for support are defects in the SOFTWARE that consistently replicate across environments. Excluded issues include, but are not limited to:
– Operating-system or hardware changes outside the LICENSOR’s specified minimum requirements.
– Interference by antivirus/antimalware software.
– Network or infrastructure failures.
– Unauthorized modifications or third-party component failures.
– Environmental factors (power outages, “acts of God,” etc.).
17. CONFIDENTIALITY
17.1. Each Party (“LICENSOR” and “LICENSEE”) shall keep strictly confidential all Proprietary Information disclosed or accessed under this Agreement and shall not disclose it, in whole or in part, to any third party without the other Party’s prior written consent.
17.2. All analyses, designs, documentation, instructions and other materials provided by LICENSOR in connection with the performance of this Agreement are supplied solely to enable LICENSEE’s use of the SOFTWARE. Such materials shall not be used for any other purpose, reproduced or disclosed to any third party without LICENSOR’s express written authorization.
17.3. LICENSOR shall keep strictly confidential all LICENSEE data and information to which it gains access in the course of providing the SOFTWARE or services hereunder, and shall not disclose such data to any third party without LICENSEE’s prior written consent.
17.4. LICENSEE shall not disclose the results of any SOFTWARE tests or proofs of concept (POC) to any third party without LICENSOR’s prior written consent. LICENSOR retains all commercial and dissemination rights in any test results or POC deliverables.
18. ENTIRE AGREEMENT & WAIVER
18.1. This Agreement constitutes the entire understanding between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations and understandings, whether written or oral.
18.2. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of the Party against whom the amendment or waiver is to be enforced.
19. GOVERNING LAW & JURISDICTION
19.1. This Agreement shall be governed by and construed in accordance with the laws of the State of São Paulo, Brazil.
19.2. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the District of São Paulo/SP, Brazil for the resolution of any disputes arising out of or in connection with this Agreement.
20. THIRD-PARTY TRADEMARKS AND COPYRIGHTS
20.1. All product names, logos and brands mentioned in this Agreement that are not the property of the LICENSOR are the trademarks or registered trademarks of their respective owners.
20.2. “Microsoft,” “Windows” and other Microsoft products referenced herein are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. All rights reserved by Microsoft.
20.3. “Google,” “Google Play,” “Android” and the Google Play logo are trademarks of Google LLC. All rights reserved by Google.
20.4. Use of such third-party marks does not imply any endorsement by or affiliation with the trademark owner.
.
NAWKA SOLUÇÕES E SERVIÇOS LTDA
Rua Gal Furtado Nascimento 740 cj 83 – Alto de Pinheiros – São Paulo – SP – Brazil
TAVDATA and any of its direct derivatives are trademarks of NAWKA SOLUÇÕES E SERVIÇOS LTDA - All Rights Reserved ©2000-2025.
