License agreement

LICENSE AGREEMENT

 

  1. Definitions

 

1.1. The software (SW) means FStormRender program, accompanying documents, updates described in the Documentation published on the Rightholder’s Website, the Rightholder of which is Pinksoft LLC.  The Software shall be provided by downloading from the Rightholder's website.

1.2. The Rightholder (the holder of the exclusive right for the SW) means Pinksoft Limited Liability Company (OGRN – Primary State Registration Number) 1163668113839, registered at: Ul. Karla Marksa, d. 41, office 4, Voronezh, Voronezhskaya Oblast 394036).
1.3. The Computer means the equipment, for which the SW is designed, where the SW is installed, and/or where the SW is used.

1.5. The User (You) means an individual who shall install or use the SW on his behalf or lawfully owns a copy of the SW. If the SW has been purchased on behalf of a legal entity, the term User hereinafter refers to the legal entity for which the SW has been purchased and which instructed a certain individual to accept this agreement on its behalf.

1.6. The Update(s) means all improvements, corrections, extensions and/or modifications of the SW.

1.7. The Documentation (technical documentation) means accompanying and other documents published on the Rightholder’s website and other electronic documents, the Rightholder of which is Pinksoft LLC.

1.8. The SW Usage Period (license usage period) means a period of time covering 1 month, which is equal to one calendar month during which the Rightholder provides the User with the right to use the SW under this agreement.

1.9. Price List means a list and/or the methods for calculating basic (retail) prices for the rights to use the SW established by the Rightholder on the basis of the license agreement for typical configurations and conditions for using the SW published on website fstormrender.ru.

1.10. License Agreement (agreement) means an agreement (including an accession agreement) between the Rightholder and the User under which the Rightholder shall provide the User with the rights to use the SW within the limits stipulated by this agreement and corresponding to the requirements of Articles 1235, 1236, 1286, 1286.1 of the Civil Code of the Russian Federation.

1.11. The Rightholder’s Website means the Internet website located at fstormrender.ru, which is managed and administered by Pinksoft LLC.

1.12. The Account means the mechanism of authorization of the User on the Rightholder’s website, which in turn is a technical means of protecting the Rightholder’s copyrights (exclusive rights) for the SW, updates and other works, the Rightholder of which is Pinksoft LLC. The account information can be provided to the User only by the Rightholder, including using automation tools.

1.13. The Personal Data means any information related to the User as the Personal Data Subject, including the last name, first name, patronymic, address, education, profession, contact information (telephone, fax, e-mail, postal address), photographs and other information.

1.14. The Personal Data Processing means any action (operation) or a set of actions (operations) performed with the personal data using the automation tools or without using such tools, including collecting, recording, systematizing, accumulating, storing, ascertaining (updating, modifying), extracting, using, transferring (distributing, providing, accessing), depersonalizing, blocking, deleting, destructing the personal data.

 

  1. Subject of Agreement

 

2.1. Pinksoft LLC shall provide the User with the right to use the Program (a simple non-exclusive license), subject to the payment by the User of the cost for using the SW stipulated in the price list, as well as taking into account all limitations and conditions for using the SW in accordance with its technical documentation, functionality and terms and conditions of this Agreement.

2.2. All provisions of this Agreement shall be applicable both to the SW in general and to its individual components.

2.3. This Agreement shall be deemed to be concluded from the moment of the User's first payment for the period of using the SW and shall remain in effect during the whole term of its lawful use by the User within the validity term of the copyright to it, subject to the User's proper compliance with the terms and conditions of this Agreement. Upon further payment for the subsequent periods of using the SW, the term of the Agreement shall be deemed to be extended for the term of each paid period.

2.4. Pinksoft LLC shall provide the User with the right to use the SW without any limitations on the area of use under the terms and conditions, and in the manner stipulated by this Agreement.

 

  1. Grant of License

 

3.1. The Rightholder provides the User with a non-exclusive license for the use of the SW subject to the User’s compliance with all technical requirements, as well as with all restrictions and terms and conditions of using the SW stipulated in this License Agreement.  The User shall be provided with the right to reproduce the SW, i.e. the production of one or more copies of the SW, including recording in the computer memory, followed by its use for its intended purpose, including the right to reproduce the SW, limited by the rights of installation and launch of the SW in accordance with the License Agreement.

3.2. The SW shall be activated and become available for use by entering the User’s account (login and password), registered on the Rightholder’s website.

3.2. The requirements to the User's operating system, necessary for the normal operation of the SW on the User's computer, shall be provided to the User on the Rightholder’s website prior to purchasing the SW.

3.3. When purchasing the SW, the User shall have the right to use the SW on an unlimited number of computers with the same account, the simultaneous use of the program with the same account on several computers being unacceptable. The period during which the SW with the same account on the computer cannot be used on the computer after finishing work on another computer shall be 1 (one) hour.

3.4. If it is necessary to use the program on several computers simultaneously, the User shall purchase several licenses (register several accounts), each of which shall be paid separately and require the conclusion of a separate license agreement.

3.5. To use the SW, the User shall register his/her account on the Rightholder's website.

3.6. After installing the SW and entering the active account, the User shall have an opportunity to receive from the Rightholder:

– new versions of the SW as they are released (via the Internet);

– technical support (by telephone and/or via the Internet, the choice of a form of the technical support shall be determined by the Rightholder taking into account the technical capabilities);

– access to the information and auxiliary resources of the Rightholder.

3.7. The User shall not be liable to provide the Rightholder with a report about the use of the SW.

 

  1. Payment and License Validity Terms

 

4.1. The User shall be notified and agree that if the User modifies his/her computer or makes any changes to other rightholders’ SW installed on the computer, then the reactivation of the SW can be required (re-entering the account).

4.2. When purchasing the SW, the User shall pay for the SW use for the term of 1 (one) month term. Upon the expiry of the said term, the User’s account shall be blocked automatically. The User can prolong the license at any time by paying for the subsequent periods of the license use.

4.3. The User shall be entitled to prolong the term of the license use for an unlimited number of times.  In case of automatic debiting the funds stipulated in the SW settings, the User shall be notified on the next debiting the funds the day before debiting.  The User can disable the option of automatic debiting the funds in his/her Personal Account on the Rightholder’s website.

4.4. The User shall be notified on the expiry of the paid term of the SW use no later than a week before the expiry of the term.

4.5. The term of the period of the SW use shall be 1 (one) month from the date of payment. Herewith the term shall start from the date of the arrival of the payment to the Rightholder, regardless of the fact, whether the User actually has used the SW during the paid period of time or not.

4.6. The cost of the SW use (remuneration of the Rightholder) for the period of 1 (one) month shall be indicated on the Rightholder’s website at the date of the SW purchase.

4.7. In case of a change in the cost of payment for the SW use in the subsequent periods of the SW use, the User shall be notified by e-mail of such a change no later than one month before the entry into force of such a change.

4.8. In order to avoid disagreements, the parties shall acknowledge that the User shall be entitled to refuse from the automatic renewal of the license for the future periods, but the User shall not have the right to refuse from the license being actually provided, including the past periods and the current period of its prolonged validity.  The termination of the SW use shall not be the grounds for returning to the User the funds paid for the license or the part thereof.

 

  1. Use of Personal Account on Rightholder’s Website, Provision of Information for Personal Account, Technical Support

 

5.1. The User’s e-mail address and other data provided during the registration process of the Account will be transferred and further processed on the Rightholder’s website.  By registering the Account, the User shall give the Rightholder his/her consent to processing his/her personal data used during the registration process.

5.2. The User shall be fully responsible for maintaining the confidentiality of the information about his Account.

5.3. The User shall be responsible for any actions performed by means of his/her Account on the Rightholder’s website. The User shall agree that the Rightholder shall not be liable whatsoever for an unauthorized use of his/her Account.

5.4. The Use of the Rightholder’s website shall be voluntary.

5.5. The Rightholder shall not be liable for the delay or failure in the SW operation, related to the quality of services provided to the User by the Internet providers and/or the mobile service providers.

5.6. The technical support shall be provided to the User subject to the installation by the User of the latest update and in accordance with the rules of providing technical support. The technical support service and the rules for providing it are located at: https://fstormrender.ru

 

  1. Provision of Information

 

6.1. The User shall be hereby notified and agree that the Rightholder  may collect, store, process, and use the diagnostic, technical, accompanying information, and the information about the SW use, including, but not limited to, the unique identifiers of the system or hardware, the information about the computer and equipment, the system software and applications, auxiliary devices, about the use of different modules and functionality of the SW, the problems in the SW operation and/or the providers’ operation, which shall be collected periodically to provide and improve the SW, to facilitate the delivery of the SW updates, the technical support and services related to the SW (if provided).  The Rightholder may use this information, which shall not identify the User for the purposes described above.

6.2. To improve the software products, equipment and services of the Rightholder’s partners or third party developers for the further use with the SW, the Rightholder may also provide such partners or third party developers with a set of the diagnostic data relating to the SW, equipment and/or the services of this partner or third party developer in the form, which does not identify the User.

6.3. The User shall be hereby notified and agree that in order to support the Users and arrange the support system to the Website visitors, as well as to inform about the special features of the SW operation, the Rightholder may collect, store, use and process the information about the Website use, including the information and details about the speed and time of the Website downloading/generating/response.

6.4. The User shall be hereby informed and agree that the Rightholder may collect, store, process and use the data and information about the visits, characteristics and actions of the visitors on the User’s Website, including, but not limited to, the information about the Website sections, specific news, products and the information about the orders viewed by him/her, in order to improve the User's use of the SW and to increase the visitors’ satisfaction, to adapt the Website to their needs and interests, to increase the conversion of the Website. The Rightholder shall assume an obligation and guarantee that he/she shall not perform any disclosure, publication or posting, as well as any transfer of the information received to third parties. The Rightholder shall not track, collect and disclose the information, which allows the identification of the visitors to the Website (such as: the name, e-mail address, telephone numbers, delivery addresses, etc.).

6.5. The acceptance of the terms and conditions of this Agreement means that the User has become fully familiar and accepted the conditions of processing his/her information, which shall be always processed according to the Confidentiality Policy Rules located at: https://fstormrender.ru.

 

  1. Limitations

 

7.1. Except for the use in volumes and ways, which are expressly stipulated by this License or the legislation of the Russian Federation, the User shall not have the right to modify, decompile, disassemble, decrypt and perform other actions with the object code of any SW aimed at extracting the source text of the SW and/or obtaining the information about the implementation of the algorithms used in the SW, to create derivative works using the SW, as well as to perform (allow to perform) other use of the Programs, without the writing consent of the Rightholder.

7.2. The User shall not, without the written consent of the Rightholder, reproduce, distribute, make available to the public the SW in any form and in any manner, which is not expressly stipulated by this License Agreement.

7.3. The SW shall be used under the name that has been given to it by the Rightholder.  The User shall not change the name of the SW, change and/or delete the copyright notice or other indication to the Rightholder.

7.2. It shall be prohibited to transfer the right to the SW use to third parties. The non-exclusive license provided to the User shall not give him/her the right to provide sub-licenses to third parties.

7.3. It shall be prohibited to transfer and provide access to the account to third parties in violation of the provisions of this License Agreement. The account shall not be the confidential information.

7.4. It shall be prohibited to rent, lease or lend the SW.

7.5. The User shall be prohibited to: (i) use any equipment, device, software or other ways to (or intended for) avoid or remove the technical protection in any form, which are used by Pinksoft LLC in connection with the SW, or (II) install the SW or Access it using any product code, an authorization code, a serial number or other method of protection against an unauthorized reproduction (copying) which has not been provided directly by Pinksoft LLC. Without prejudice to the generality of the foregoing, the User shall not use any equipment, device, SW or other ways to (or intended for) avoid or remove the Account Control means, or any tool or means of technical protection provided by Pinksoft LLC for managing, monitoring or controlling the installation of the SW, or access to it.

7.6. The Rightholder shall be liable to block the User’s account in case of violation by the User of the terms and conditions of this License Agreement.

7.7. It shall be prohibited to use the SW to perform illegal activities, including for the purpose of tracking and obtaining the personal information in respect of another person.

7.8. The offender shall be civilly, administratively or criminally liable according to the legislation for breaching the intellectual rights for the SW.

 

  1. Limited Guarantee and Disclaimer of Warranties

 

8.1. The Rightholder shall guarantees the operation of the SW in accordance with the description given on the website of the Rightholder.

8.2. The User shall be notified and agree that no SW shall be free from errors, and the User is recommended to make backup copies of his/her files regularly.

8.3. The Rightholder shall not guarantee the SW’s working ability if the terms and conditions of this License Agreement are breached.

8.4. The Rightholder shall not guarantee the SW’s working ability to the User, if the User does not update the SW.

8.5. The User shall agree that the SW shall be provided with the standard settings that shall be applied by default; the User shall be liable for any changes made by him in the settings.

8.6. The User shall agree that the Rightholder shall not guarantee the SW’s working ability on the territory of New Zealand.

8.6. Except for the limited guarantee, stipulated in this clause, the SW shall be supplied “as is.”  The Rightholder shall not give any guarantees for its use or working efficiency. Except for the guarantees, conditions, representations or provisions, the extent of which cannot be excluded or limited by the applicable legislation, the Rightholder shall not give any guarantees, conditions, representations or provisions (expressed or implied).  The User shall agree that he/she shall be liable for choosing the SW to achieve the required results, for the installation and use of the SW, as well as for the results obtained by using it.

 

  1. Limitation of Liability

 

9.1. To the maximum extent permitted by the applicable legislation, the Rightholder shall not be liable for any loss and/or damage (including the damage associated with the lost commercial profits, the business interruption, the damage of the computer components, the information stored in it or any other property damage), occurring in connection with the use or impossibility to use the SW, even if the Rightholder has been notified about the possible occurrence of such loss and/or damage.  In any case, the liability of the Rightholder according to any of the provisions of this License Agreement shall be limited to the amount actually paid by the User for the SW.  These limitations cannot be excluded or limited according to the applicable legislation.

 

  1. Intellectual Property Rights

 

10.1. The User shall agree that the SW, documentation, as well as all other copyright subject-matters, as well as the systems, ideas and work methods, other information contained in the SW, the trademarks shall be the intellectual property subject-matters of the Rightholder. This License Agreement shall not give the User any rights to use the intellectual property subject-matters including the trademarks and service marks of the Rightholder, except for the rights provided by this License Agreement.

10.2. The User shall agree that the source code, account for the SW shall be the property of the Rightholder.

10.3. The User shall agree that he/she will not modify or change the SW in no way. The User shall not delete or change the copyright notifications or other proprietary notifications from any copy of the SW.

10.4. In case the User violates any of the terms and conditions of this License Agreement, the Rightholder shall be entitled to interrupt the validity of this License Agreement to use the SW at any time without any preliminary notice to the User and without compensating the cost of the SW or its part.

10.5. The Rightholder shall reserve the right to make changes to the SW without notifying the User.

 

  1. Applicable Legislation

 

11.1. This License Agreement shall be governed by the legislation of the Russian Federation.

11.2. If any provision of this License Agreement is recognized to be cancelled, invalid, have no force or effect or illegal, other provisions of this License Agreement shall continue to be in full force and effect. If the terms and conditions of this Agreement and the terms and conditions of any license agreement on the software product concluded between You and the Rightholder contradict each other, the terms and conditions of such license agreement shall prevail. In all other respects, the terms and conditions of this Agreement and such agreement shall be applied.

 

  1. Contact Details of Rightholder

 

Headquarters:

Ul. Karla Marksa, d. 70a, office 405, Voronezh, Russia, Pinksoft LLC

E-mail address: info@fstormrender.ru

Website: fstormrender.ru

 

© Pinksoft LLC, 2018