IMPORTANT! PLEASE READ ATTENTIVELY:
BY INSTALLING, COPYING OR USING THE SOFTWARE IN ANY OTHER WAY, YOU ACKNOWLEDGE THAT YOU HAVE PRIOR READ THE TERMS OF THIS LICENSE AGREEMENT AND ACCEPTED THEM IN FULL.
IF YOU DO NOT AGREE TO THE CONDITIONS OF THIS AGREEMENT IN FULL, DO NOT INSTALL, COPY AND USE THE SOFTWARE IN ANY OTHER WAY.
This License Agreement (hereinafter, the Agreement) is a legally binding agreement between you (a person or a legal entity – End User) and "3D Innovatsii" LLC (official state registration number 1117847131984), with it registered office at 197022, Saint-Petersburg, Medikov avenue, bld. 3a, office 210 (hereinafter, the Rightsholder), regarding the software the exclusive rights to which belong to the Rightsholder (hereinafter, the Software).
1. Subject-Matter of the Agreement
The Rightsholder grants to you an ordinary (non-exclusive) license (hereinafter, the License) to use the Software in a set, manner and on the terms stipulated by this Agreement.
2.1. You get an ordinary (non-exclusive) license to use the Software in the following ways: reproduction limited to the right to install, copy (record to computer memory) and run the Software as a part of the software-hardware complex, in accordance with the terms of this Agreement.
2.2. You are not entitled to transfer or assign the rights to use the Software granted under this Agreement, in whole or in part to third parties without prior written consent of the Rightsholder.
2.3. You undertake not to perform yourself and prevent other persons or legal entities from performing the following activities:
1) Disassemble and / or decompile (convert the object code into the source text) the Software;
2) Modify the Software, including making changes to the object code of the Software, except for those changes that are made by the tools included in the Software and described in the documentation for the Software;
3) Make it possible to use the Software for any person or legal entity not entitled to use it;
4) Distribute the Software. Distributing the Software means providing access to third parties to the Software reproduced in any form (in whole or in part, including distribution, documentation), via network and in other ways, as well as by sale, rental, including any public placement of the Software (in whole or in part).
2.4. One license gives you the right to use the Software on one copy of the hardware on which the Software can be installed on the terms of this Agreement.
2.5. You are not entitled to use the Software in any case, if any failure can lead directly to death, personal injury or substantial physical injury or damage to the environment, including, but not limited to the use of the Software to control the operation of:
1) equipment of any nuclear installations;
2) aircraft navigation equipment, communication systems or flight control;
3) air traffic control systems;
4) public transport control systems;
5) medical equipment;
6) armament systems.
2.6. You can use the Software during a period of one year from the moment of installation.
2.7. The order and frequency of Software updates release are determined by the Rightholder at its discretion unilaterally. The Rightsholder may at any time at its sole discretion, without notice and without compensation of any losses and costs to you discontinue the release of updates to the Software and/or its specific versions and/or modules. In this case, you retain the right to use such Software Licenses to use which have been granted to you, in the manner and subject to the conditions provided for in this Agreement.
2.8. In the event of release of new versions of the Software and/or new modules of the Software, the Rightsholder assumes no obligation to ensure the compatibility of previous versions of the Software and/or Software modules, the License to use which was provided to you, with new versions of Software and/or new modules of the Software.
2.9. You agree that the Rightsholder may, independently or through the engagement of third parties, monitor your using the Software through methods not contradicting the law, to make sure you use the Software in compliance with the conditions and restrictions of this Agreement.
2.10. In the event of breach of the conditions and restrictions of this Agreement the Rightsholder has the right to terminate this Agreement unilaterally and without judicial procedures, by notifying you of such termination in writing and also to demand full compensation of damages and property losses caused by such breach.
2.11. The Software may contain programs that are available under the GNU General Public License or other similar Open Source licenses, which, among other rights, permit the licensee to copy, modify and redistribute certain programs, or parts thereof, and get access to the source code ("Open Source Code Software"). If such license to software included into the Software Licenses to which are granted under the present Agreement requires the provision of the source code to the licensee, to which the Software is provided in the executable binary code format, the source code is made available upon a written request to the Rightsholder or is transferred with the Software. If any license to Open Source Code Software included into the Software Licenses to which are granted under the present Agreement requires that the Rightsholder provides rights to use, copy or modify the Open Source Code Software that are broader than the rights granted by this Agreement, such rights shall prevail over the rights and restrictions stipulated in this Agreement.
3. Reservation of Rights
The Rightholder reserves all rights (such as, without limitation, those expressly granted to you by this Agreement), including the exclusive right to the Software. This Agreement does not grant you any rights to use the trademarks or service marks of the Rightsholder. The Software is protected by copyright and other laws and international treaties.
4. Guarantees and Liability
4.1. The Parties shall be liable in accordance with applicable laws of the Rightsholder`s State of residence, except as otherwise expressly provided in this Agreement.
4.2. In any case, the Software is provided to you "as is”. The Rightsholder does not guarantee that the Software is error-free, nor it accepts any liability for direct or indirect losses (damages) incurred by you or any third parties with regard to the use of the Software, including due to possible errors or misprints in the Software, including, but not limited to loss of profit, property loss, loss of confidential information.
4.3. The Rightholder does not guarantee that the Software will meet your requirements, nor it guarantees workability of the Software jointly with software and hardware of other manufacturers.
4.4. The Rightsholder makes no warranties regarding the Software, its performance, applicability to a particular use, even if such a guarantee is usually provided under usual and customary business practices.
4.5. In all circumstances, the total liability of the Rightsholder under or in connection with this Agreement, regardless of the reasons why it arises, will be limited to proven actual damages, but not more than the amount of a fee paid by you for the transfer of the relevant Licenses.
5. Entire Agreement
This Agreement (including all amendments and changes thereto) constitutes the entire agreement between you and the Rightholder about the Software and supersedes all prior or current communications and proposals in writing or orally about the Software or other matters governed by this Agreement. If any provision of this Agreement is held invalid, unenforceable or inconsistent with the law, the other provisions of the Agreement continue to operate and remain in full legal force.
6. Dispute Settlement Procedure
6.1. The pre-court dispute settlement procedure for disputes and controversies arising out of this Agreement or related to it shall be mandatory. A claim is deemed a written request of one Party addressed to the other Party to the Agreement, to perform any actions or refrain from acting. The claim shall be signed by an authorized person. The term for response to the claim is fourteen (14) calendar days from the date when the claim was received or, in accordance with the applicable law, shall be deemed received by the Party to which it is addressed.
6.2. In the case of full or partial refusal to satisfy the claim or if a response to the claim has not been received by the Party that sent such claim, the pre-court dispute settlement shall be deemed fulfilled.
6.3. Disputes arising out of this Agreement or in connection therewith should be settled according to the substantive and procedural law of the Rightsholder`s State of residence.
Termination of this Agreement through any reasons shall result in termination of all your rights to any Software use. In such case you shall forthwith after termination of this Agreement for any reasons terminate the use of the Software and destroy all copies (original copies) of the Software in your possession.
8. Applicable Law
Relations of the Parties arising out of this Agreement or related to it and ungoverned by this Agreement shall be governed by the effective laws of the Rightsholder`s State of residence.