END USER LICENSE AGREEMENT (EULA)
BY SELECTING THE "ACCEPT" OR SIMILAR BUTTON BELOW THIS AGREEMENT, OR BY INSTALLING, DOWNLOADING, ACCESSING, COPYING OR OTHERWISE USING ALL OR ANY PORTION OF THIS PRODUCT ("PRODUCT"), YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, EITHER PERSONALLY OR ON BEHALF OF YOUR COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ARE ACQUIRING THE PRODUCT. IF YOU DO NOT AGREE OR DO NOT WISH TO BIND YOURSELF OR THE ENTITY YOU REPRESENT: (A) DO NOT INSTALL, DOWNLOAD, ACCESS, COPY OR OTHERWISE USE THE PRODUCT; AND (B) SELECT THE "REJECT" (OR SIMILAR) BUTTON BELOW THIS AGREEMENT, WHICH WILL CANCEL THE DOWNLOAD OF THE PRODUCT. INSTALLING, DOWNLOADING, ACCESSING, COPYING OR OTHERWISE USING THE PRODUCT, EXCEPT AS PERMITTED BY THIS AGREEMENT, IS UNAUTHORIZED, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND MAY SUBJECT YOU TO LIABLITY FOR DAMAGES AND CRIMINAL PENALTIES.
1. Installation, registration, Product usage
By starting the installation or use of the Product, the User thereby agrees to abide by the terms of this Agreement. In case of disagreement, the User must refuse installation and cease usage the Product. After the remuneration for the Product is paid, the User is given a key that contains a non-exclusive right to use the Product, non-refundable and non-transferrable to anyone else or re-registration to another individual person or legal entity. The user must enter the Product key they received to be able to work using the Product. When the Product is run, a verification of the right to use it is started. For this check to be performed, the User's computer must have an active connection to the Internet. In the case of an individual’s name or the name of a legal entity being changed, or a legal entity being reorganized, the Franchisor does not issue a replacement key. If the User wishes to change the data associated with the registration of the program or the key, a new Product registration and payment of remuneration is required. Under this Agreement the User is granted a non-exclusive right to use Product: The User can install, use the functionality of the Product, access the Product and run one copy of the Product and access a single copy of the Product on one computer.
2. Limitations of use
The user has no right to hire out, rent, lease or transfer any of the Product. The user may not distribute copy, imitate, reproduce, sell, modify, decompile, disassemble or otherwise modify components of the Product. The user can make a copy of the software provided that this copy is only for archival purposes. This Agreement prohibits any use of the Product, which is contrary to applicable law or international conventions. Violation of the terms of this Agreement entails liability in accordance with applicable law.
The product is the result of intellectual activity and is subject to copyright as a computer program, which are regulated and protected by the legislation of the Russian Federation on intellectual property and international law. The holder warrants that they have all rights to use the Product, including documentation, necessary to grant a User rights to use the Product under this Agreement. In the case of copyright infringement, the Use imposes liability upon him/herself in accordance with the current legislation of the Russian Federation.
4. Product Update
A Product update can be both paid and free depending on the difference between versions of the Product. The cost of an update is determined by the owner and is indicated on the www.clevertrace.ru website.
5. Responsibilities of the parties
Violation of the terms of this Agreement entails liability under the legislation of the Russian Federation. Because the results of the use of the Product depend to a large extent on data entered by the User into the Product and the User-selected method of use of the Product, the Owner assumes no responsibility for achieving or not achieving the User’s goals, any indirect, consequential, special or incidental damages, lost profits and/or any other consequences related to the use of the Product by the User.
6. Limited warranty
The product is intended and provided as software for General purposes and not for any particular purpose of the user. The owner shall not be responsible for any loss, damage, costs and expenses incurred by User or any third party resulting from the use of the Product, including, without limitation, liabilities for trade costs, equipment downtime, loss suffered by User or any third party as a result of the lack, malfunction, virus, bugs or malfunction of the Product. The owner shall not be liable for indirect, special, incidental damages, as well as its effects relating to or arising in connection with the subject matter of this Agreement. In case if a User has a valid license and compliance with the technical requirements for hardware and software specified in the transmitted Product documentation, the copyright Holder warrants that the Product is installed on the User computers, runs and performs the functions specified in the documentation transmitted together with the Product, excluding the impact of malicious computer programs (viruses). In the event that the user changes the components of the Product in any way, except as described in the documentation provided together with the Product, the copyright Holder does not guarantee efficiency of the Product and the ability to upgrade it. The parties agree that no software can be guaranteed to be error free. If Product errors are found, the rights Holder undertakes to correct them in the shortest possible time and release a new, fixed version of the Product. The parties agree that a precise definition of the term ‘resolve the error’ cannot be determined, since the Product works closely with other third-party software, operating system and hardware resources of the User’s computer, and the operability and the time it takes to fix a problem do not fully depend solely on the copyright Holder.
7. Confirmation of presence of the license by the User
The key obtained during registration of your Program must be retained as evidence that you have the right to use the Software. The transfer of the key to third parties is prohibited. Each the Product is run, a verification of the right to use it is started. Due to the fact that to verify the right to use the product is carried out using a web service, the User's computer must have an active connection to the Internet. When the Product is installed, it is bound to the user’s computer and any attempt of running it on another computer will be blocked. The product can be reinstalled on another computer after an appropriate request has been made to the copyright Holder via the User personal cabinet (My Account) on the www.clevertrace.ru website. If the copyright Holder detects that a key has been transferred and/or used by a third party, the Rightholder will block this key.