LICENSE AGREEMENT-OFFERT
This License Agreement is an offer of LIMITED LIABILITY COMPANY LLC "USFULSOFT" , hereinafter referred to as the Licensor, the User (any individual or legal entity), hereinafter referred to as the Licensee. This License Agreement shall be deemed concluded from the moment of its acceptance by the Licensee. acceptance for the purposes of this License Agreement shall be deemed to be the fact of payment of remuneration under this EULA in the manner, terms and on the terms and conditions specified in this EULA. By entering into this License Agreement, the Licensee also fully accepts the terms of the User Agreement, the text of which is posted by the Licensor on the Internet at https://www.rentinhand.com
1. Terms and definitions
1.1. The Program is a computer program "Rent in hand" both in general and its components, which is an objective set of data and commands, including source text, database, audiovisual works included by the Licensor in the Program, as well as any documentation on its use.
1.2. License type - tariff plan selected by the Licensee from the list posted by the Licensor on the Internet at https://www.rentinhand.com
1.3. User account - entry in the Licensor's system and/or in the Additional. A program that stores data that allows you to identify and authorize the Licensee as a user of the Program.
1.4. Registration - an action aimed at creating a User Account. Registration is voluntary. When registering, the Licensee is obliged to provide the Licensor with the necessary reliable and up-to-date information. The Licensee is responsible for the reliability, relevance, completeness and compliance with the legislation of the Russian Federation provided during registration of the information and its purity from claims of third parties.
1.5. Payment - transfer by the Licensee of the license fee for the right to use the Program in accordance with the selected License Type. Payment can be made in any of the ways available through the Program interface. The choice of the Payment method is made by the Licensee himself.
1.6. Closing documents - documents confirming the fact of transfer of the relevant license to the Licensee under this License Agreement. In accordance with paragraph 1 of Article 160 and paragraph 2 of Article 434 of the Civil Code of the Russian Federation, closing documents are formed in the form of an electronic document and are provided to the Licensee through the interface of the Program, or through the software and technical capabilities used by the Licensor and the Licensee. At the Licensee's written request, the closing documents are formed in the form of a paper document signed by the Licensor and sent by mail to the address of the Licensee specified in the relevant request.
2. Subject matter of the contract
2.1. The subject of this License Agreement is the transfer by the Licensor of non-exclusive rights to use the result of intellectual activity - the computer program "Rent in hand" - to the Licensee under a simple (non-exclusive) license by reproducing the Program (connecting to the Program via the Internet and opening access to the Licensor's server), solely for independent use by the Licensee without the right to sublicense to third parties.
2.2. Access to the server specified in paragraph 2.1. of this License Agreement, is provided (opened) by the Licensor within one working day from the date of receipt of remuneration specified in paragraph 8.1. of this EULA, to the Licensor's bank account.
2.3. The Licensor creates a User Account based on the data provided by the Licensee during Registration.
3. Exclusive rights
3.1. The Rent in hand computer program is the result of the Licensor's intellectual activity and is protected by copyright law.
3.2. The Licensor guarantees that it has all the necessary rights to the Program to grant them to the Licensee, including the documentation for the Program.
3.3. The algorithms of the Program's operation and its source codes (including parts thereof) are a trade secret of the Licensor. Any use of them or use of the Program in violation of the terms of this EULA shall be considered a violation of the Licensor's rights and shall be a sufficient basis for the Licensee's deprivation of the rights granted under this EULA.
3.4. The right to use the Program is granted only to the Licensee, without the right to transfer to third parties, solely to the extent specified in this EULA, unless the Licensor agrees in writing to otherwise.
3.5. Licensee is not granted ownership of the Program and its components, but only the right to use the Program and its components in accordance with the terms and conditions specified in this EULA. 3.6. Licensee is not granted any rights to use the Licensor's trademarks and service marks and/or its partners.
3.7. The Licensee may not copy, distribute the Program and its components in any form, including in the form of source code, in any way, including renting, free use, or rental.
4. Terms of use and scope of rights granted
4.1. The Licensee may use the Program in the following ways:
4.1.1 24 hours a day (except for the time of maintenance work) to access the Licensor's server to use the Program and play the graphical part (working interface) of the Program on the screen of the Licensee's personal computer (other end device provided for in the Program documentation).
4.1.2. Use all paid functionality of the Program in accordance with the description of the selected License Type.
4.1.3. Represent Program-related documentation for personal use.
4.2. The Licensor does not provide the Licensee with communication services, does not organize for him the opportunity to access information systems of information telecommunication networks, including the Internet. The Licensee with technical support on issues related to the functionality of the Program, the peculiarities of operation on standard configurations of supported operating, postal and other systems in the manner and on the terms specified in the technical documentation to it.
5. Rights and obligations of the parties to the contract
5.1. The Licensor is obliged:
5.1. Ensure that the server is available 24 hours a day (except for maintenance time) for use of the Program.
5.1.2. Within one working day from the date of receipt of remuneration specified in paragraph 8.1. of this License Agreement, to the Licensor's bank account, to provide the Licensee with the opportunity (to open access) to use the Program.
5.1.3. Without additional remuneration, provide the Licensee with technical support on issues related to the functionality of the Program, the peculiarities of operation on standard configurations of supported operating, mail and other systems in the manner and on the terms specified in its technical documentation.
5.1.4. Ensure the confidentiality of the data posted by the Licensee in the Program for the entire period of their stay on the Licensor's server.
5.1.5. To provide the Licensee, who has concluded a separate agreement providing for access to the service(s), the list of which is posted by the Licensor on the Internet at https://www.rentinhand.com, to access the relevant service(s) using the Program interface.
5.1.6. At the Licensee's request, send the Licensee the Closing Documents. 5.2. The Licensor has the right:
5.2.1. Make changes to the Program without notice to the Licensee at any time and for any reason, including, but not limited to, to meet the needs of other licensees, competitiveness requirements, or to comply with regulatory requirements. The Licensor reserves the right to add new properties and functionality of the Program or remove existing properties and functionality from the Program.
5.2.2. Block Licensee's access to the Program in case of violation by the Licensee of the terms of this License Agreement or the User Agreement, the text of which is posted by the Licensor on the Internet at https://www.rentinhand.com.
5.3. The Licensee is obliged:
5.3.1. Do not take actions or other attempts aimed at copying, modifying, decompiling (converting object code into source code), disassembly (analysis and research of object code) of the Program.
5.3.2. Strictly comply with the terms of this License Agreement and the User Agreement, the text of which is posted by the Licensor on the Internet at https://www.rentinhand.com.
5.3.3. Do not act against the Program that violates Russian and/or international copyright and software use standards.
5.3.4. Provide the Licensor with all information and documents necessary to fulfill the Licensor's obligations under this EULA.
5.4. The Licensee has the right:
5.4.1. Get round-the-clock (except for the time of maintenance work) access to the Licensor's server to use the Program.
5.4.2. Use all paid functionality of the Program in accordance with the description of the selected License Type in ways that do not violate the terms of this License Agreement, the User Agreement, the text of which is posted by the Licensor on the Internet at https://www.rentinhand.com, the legislation of the Russian Federation.
5.4.3. Do not submit reports on the use of the Program to the Licensor.
5.4.4. Get access to services, the list of which is posted by the Licensor on the Internet at https://www.rentinhand.comusing the Program (interface provided by the Licensor). The procedure for providing access to these services is established by a separate contract.
5.5. The Licensee guarantees that:
5.5.1. When processing personal data, the Licensee respects all the rights of personal data subjects provided for by the legislation of the Russian Federation in the field of personal data protection.
5.5.2. The licensee has received the consent of the subjects of personal data to the processing of personal data belonging to them.
6. Territory of operation
6.1. This License Agreement is valid throughout the territory of the Russian Federation.
7. Validity period
7.1. This License Agreement shall enter into force from the moment of acceptance of the terms of this License Agreement, confirmed by payment of the invoice issued by the Licensor to the Licensee, and is valid for the period established by the license and specified in the invoice issued by the Licensor to the Licensee, and is automatically extended for a new period when paying for each subsequent license.
7.2. The date of conclusion of this License Agreement shall be the day of receipt of payment on the invoice issued by the Licensor to the Licensee, to the Licensor's bank account.
7.3. In case of violation by the Licensee of the terms of this License Agreement, or the User Agreement, the text of which is posted by the Licensor on the Internet at https://www.rentinhand.com as well as the legislation of the Russian Federation, the Licensor has the right to terminate this License Agreement ahead of schedule and immediately block access to the Program (including the Licensor's server) without prior notice to the Licensee.
8. Remuneration
8.1. The Licensee shall pay the Licensor a license fee for the right to use the Program in accordance with the selected License Type in the amount established in the invoice issued in accordance with the procedure provided for in paragraph 7.1 of this EULA.
8.2. The Licensee shall pay for the Licensor issued in the manner provided for in paragraph 7.1 of this License Agreement, the account by transferring within the period specified in such account, the entire amount of remuneration specified in such account to the Licensor's bank account using the details specified in such account.
8.2.1. If the Payment is made by bank card, this License Agreement will be extended automatically, unless the Licensee announces the termination of this paragraph of the License Agreement in the manner and terms provided for in paragraph 8.2.2 of this EULA. In case of automatic extension of the term of this License Agreement, the remuneration will be automatically debited by the Licensor from the Licensee's bank (card) account used for Payment. In this case, the amount of remuneration will be determined based on the cost of the corresponding License Type as of the date of write-off (para. 8.4 of this EULA).
8.2.2. The Licensee has the right at any time during the period of validity of this License Agreement, but not later than 1 hour before the end of the period established by the license (para. 7.1 of this EULA), to declare the termination of paragraph 8.2.1 of this License Agreement by using the appropriate function (special interface) of the User's Personal Account.
8.2.3. The Licensor assumes no obligation to send any warnings to the Licensee by any means of communication (including, but not limited to: e-mail, mail, telephone, fax, SMS) about the upcoming automatic extension of this License Agreement; it is not and cannot be liable for the Licensee's omission of the termination notice period. 8.2.1 of this EULA, established by paragraph 8.2.2 of this EULA.
8.3. The cost of the right to use the Program (licensed fee specified in paragraph 8.1. of this License Agreement) value added tax is not levied on the basis of subparagraph 26 of paragraph 2 of Article 149 of the Tax Code of the Russian Federation.
8.4. The Licensor has the right to unilaterally change the amount of remuneration for the right to use the Program in accordance with the License Types in force at the time of extension.
8.5. If within five calendar days from the date of expiration of the license period the Licensor has not received Licensee's claims related to the scope of rights granted, the non-exclusive right to use the Program shall be deemed to be granted to the Licensee in full and appropriately in accordance with this EULA.
8.6. Early termination of this EULA shall not constitute a basis for refunding the license fee.
9. Responsibility
9.1. For failure to perform or improper performance of obligations under this EULA, the Licensor and the Licensee shall be liable in accordance with the law.
9.2. The Licensor is not responsible for the inability to use the Program for reasons beyond the Licensor's control.
9.3. The Licensor is not responsible for the content, reliability and completeness of the information received by the Licensee when using the Program.
9.4. The Licensor is not responsible for the actions and decisions of the Licensee taken on the basis of the information received by the Licensee when using the Program, their consequences, as well as direct and indirect losses, including loss of profits arising from the application of the Program.
10. Final provisions
10.1. In all other matters not expressly regulated by this License Agreement, the relations arising between the Licensor and the Licensee in connection with the use of the Program shall be governed by the User Agreement, the text of which is posted by the Licensor on the Internet athttps://www.rentinhand.com, the legislation of the Russian Federation and international law.
10.2. The Licensor has the right to unilaterally amend the terms of this License Agreement by publishing a new text of the License Agreement on the Internet at https://www.rentinhand.com . The License Agreement changed in this way applies to the relationship between the Licensor and the Licensee that arose after the date of its publication, unless otherwise provided in the agreement between the Licensor and the Licensee.
10.3. At the Licensee's request, this License Agreement may also be drawn up in the form of one document signed by the parties. The procedure for drawing up the License Agreement in this form is established by the User Agreement.
10.4. According to paragraph 2 of Article 310 of the Civil Code, unilateral refusal of this Licensee is not allowed. Voluntary termination of the Licensee's use of the Program (including the deletion of the User's Account) shall not be deemed a refusal of this Licensee (regardless of the fact of notification of the Licensor) and shall not entail the Licensor's obligations to recalculate and/or refund the remuneration paid by the Licensee in the manner provided for in paragraph 8.18.5 of this EULA.