End-user license agreement
Before you install or use the “TRON.ASOC” software, read this End-user license agreement.
KSIМI DATA LLC (hereinafter, the “LICENSOR”) wants to license the SOFTWARE to the individual or legal entity that receives the SOFTWARE (hereinafter, “YOU”) only if YOU accept all the terms in this End-user license agreement (hereinafter, the “EULA”). BEFORE YOU SELECT THE “I accept the EULA” BUTTON (hereinafter, the “I AGREE” BUTTON) AT THE END OF THIS DOCUMENT OR INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE, READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DON'T SELECT THE “I AGREE” BUTTON, YOU WON'T BE ALLOWED TO SELECT THE “NEXT” BUTTON TO COMPLETE THE SOFTWARE INSTALLATION. YOU WON'T BE ALLOWED TO INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE, AND YOU MUST IMMEDIATELY REMOVE THE SOFTWARE FROM YOUR SYSTEM. BY SELECTING THE “I AGREE” BUTTON OR INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, WARRANT YOUR COMPLIANCE WITH THIS EULA, AND BECOME A PARTY TO IT.
IF YOU DON'T AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU MAY RETURN THE UNUSED SOFTWARE WITHIN 14 (FOURTEEN) DAYS OF THE PURCHASE DATE TO RECEIVE A REFUND IN ACCORDANCE WITH THE REFUND POLICY OF THE PLACE OF PURCHASE.
1. Software
The term “Software” means the computer programs contained in the package provided by the Licensor, together with the code, methods, software tools, formats, designs, concepts, techniques, and ideas related to those computer programs, as well as all related documentation.
2. Ownership
You acknowledge and agree that the Software is a valuable trade secret of the Licensor and its third-party licensors, and that the Licensor or its third-party licensors exclusively own all domestic and foreign copyrights and other intellectual property rights in the Software, as well as all rights to copies of the Software. Except for the rights expressly granted to you in this License Agreement, the Licensor and its third-party licensors retain all rights to the Software and all related intellectual property rights. You receive no ownership rights in the Software, only the right to use it in accordance with the EULA. If you make or propose any changes or modifications to the Software, you acknowledge that you have no rights or ownership interest in those changes or modifications. In addition, you agree that the Licensor or its third-party licensors exclusively own those changes or modifications.
3. License
After you accept this EULA and during its term, the Licensor grants you, and you agree to accept, a nonexclusive license to use the Software within the functionality described in the User Guide and/or on the Licensor's technical support website, provided that you comply with all technical requirements described in the User Guide and all restrictions and terms for using the Software specified in this EULA, including the following:
(a) install and use the Software as described in the User Guide and/or on the Licensor's technical support website;
(b) install and use the Software on one or more computers as necessary for the normal and intended use of the Software;
(c) use the Software only for your own ordinary business or personal purposes;
(d) make one copy of the Software, provided that the copy contains all proprietary rights and intellectual property notices provided with the Software and that you use the copy only to create an archival copy of the Software;
(e) transfer possession of copies of the Software to another person by transferring a copy of this EULA and all other documentation together with at least one complete, unmodified copy of the Software, if:
(i) you simultaneously transfer all your copies of the Software to that other person or destroy them;
(ii) the transfer of possession terminates your license granted by the Licensor;
(iii) that other person accepts the terms and conditions of this EULA when using the Software and agrees to be bound by those terms and conditions;
(iv) you fully indemnify the Licensor against any claims, losses, or damages resulting from that other person's failure to comply with the terms of this EULA, including, but not limited to, export control matters.
During the period specified in the License Certificate, you may receive the following from the Licensor or its Partners: – new versions of the Software as they become available (over the Internet). All updates you receive become part of the Software and are subject to the terms and conditions of this Agreement; – technical support; – access to the Licensor's information and support resources.
4. Restrictions
(a) Without the Licensor's prior written consent, you must not perform or allow others to perform any of the following actions:
(i) use, copy, modify, combine, or transfer copies of the Software, or any part of it, except as expressly authorized by this EULA;
(ii) reverse engineer, reverse assemble, or reverse compile the Software, or attempt to recreate the Software or discover its source code, except as expressly permitted by applicable law that can't be waived by agreement;
(iii) sublicense, lend, lease, advertise, sell, or distribute the Software or any copy of it;
(iv) create derivative works based on the Software; modify or disable any licensing or control features of the Software; or remove, separate, extract, or otherwise divide any components of the Software;
(v) use the Software to provide access services to third parties, including through the Internet;
(vi) remove any copyright notices or labels from the Software or its copies.
(b) Except as expressly stated in the EULA, you must not distribute, export, or re-export the Software, or any part of it, in any form.
(c) You must comply with any additional restrictions imposed on the Software that may be stated in related documentation.
5. License updates
If the Licensor provides the Software as an update, upgrade, new version, or add-on (collectively, an “Update”), you receive a license to use the Update only if you have a valid license for the Software that the Licensor has determined qualifies for the Update. If the Update replaces the original Software, you may no longer be able to use the original Software. Unless the Licensor specifies that other terms apply, this EULA applies to each Update just as it applies to the original Software. In the event of a conflict, any additional terms accompanying the Updates take precedence over this EULA.
6. Third-party software
For any third-party software, or parts of it, owned by a third party and provided to you with the Software (hereinafter, “Third-party Software”), you must also comply with all additional license terms specified by that third-party licensor (hereinafter, “Third-party License Terms”). The Third-party License Terms are usually in a file provided with the Software. However, the Licensor will provide notice of those terms upon request. In the event of a conflict, the Third-party License Terms take precedence over this EULA solely with respect to that Third-party Software.
7. Technical support
The technical support specified in section 3 of this License Agreement is provided in accordance with the terms posted on this web page.
You can request technical support by email at support@tronasoc.ru.
8. Disclaimer of warranty
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, WHETHER REQUIRED BY LAW OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, USAGE OF TRADE, OR TRADE PRACTICE. THE LICENSOR DOESN'T REPRESENT OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERRORS. IN ADDITION, THE LICENSOR DOESN'T WARRANT THAT THE SOFTWARE IS COMPATIBLE WITH THE OPERATING SYSTEM YOU USE OR THAT DEFECTS CAN BE CORRECTED OR WILL BE CORRECTED.
9. Limitation of remedies
The Licensor's total liability for all losses and damages under or related to this EULA, including, without limitation, losses arising under contract, warranty, indemnity, or another theory of liability, regardless of whether they result from a failure to perform an obligation or relate to the design, performance, use, defect, or malfunction of the Software, is limited to the greater of the following two amounts: the amount you paid for the Software or 30,000,000 Russian rubles. Your sole and exclusive remedy is limited to that amount.
UNDER NO CIRCUMSTANCES WILL THE LICENSOR, ITS THIRD-PARTY LICENSORS, OR THEIR RESPECTIVE AFFILIATES, SUPPLIERS, DISTRIBUTORS, OR RESELLERS BE LIABLE FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, PUNITIVE, COMPENSATORY, OR SPECIAL DAMAGES, OR FOR DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THOSE DAMAGES ARE FORESEEABLE OR IF THE LICENSOR, ITS LICENSORS, OR AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OF YOUR CLAIMS BASED ON A THIRD-PARTY CLAIM, REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, INDEMNITY, OR ANOTHER THEORY OF LIABILITY. YOU AGREE THAT (A) THE LIMITATIONS OF LIABILITY SET OUT IN THIS EULA ARE A VALUABLE AND NECESSARY INCENTIVE FOR THE LICENSOR TO LICENSE THE SOFTWARE TO YOU AND (B) THOSE LIMITATIONS DON'T CAUSE THIS EULA TO FAIL OF ITS ESSENTIAL PURPOSE BECAUSE OF THE LACK OF REMEDIES OR OTHERWISE.
10. Restricted rights notice
You acknowledge that the Software is commercial computer software developed with private funds. Your right to use, reproduce, or disclose it is limited by the terms of this EULA.
11. Termination
You may terminate the license at any time by destroying the Software and all copies of the Software or by another method described in this License Agreement. Your license to use the Software terminates immediately and automatically without notice if you strictly fail to comply with this EULA. When this license terminates, you must immediately stop using the Software and destroy all copies of the Software. The Licensor reserves the right to change the prices, features, technical specifications, capabilities, licensing terms, release dates, general availability, or other characteristics of the Software at any time.
12. Miscellaneous
You may modify the EULA only in writing, with your signature and the signature of an authorized officer of the Licensor. If a court of competent jurisdiction determines for any reason that any term of this EULA is illegal or unenforceable, the remaining terms of this EULA will remain in full force and effect, and the offending term must be limited or modified to the extent necessary to make it enforceable.
13. Governing law and jurisdiction
This EULA is governed by and construed in accordance with the laws of the Russian Federation, without regard to conflict-of-law principles.
All disputes and disagreements will be resolved in court under the applicable laws of the Russian Federation.
You will be subject to civil, administrative, or criminal liability under the laws of the Russian Federation for violating the Licensor's copyrights and exclusive rights in the Software.
KSIМI DATA LLC