The license agreement is an offer. License agreement (offer) Mandatory details of the license agreement offer


IMPORTANT!
Before starting any use of the service listed below (programs
for computers) carefully read the terms of use contained in
in this Agreement. Installation, startup, or other use
Program (service) means the proper conclusion of this Agreement and
your full agreement with all its terms and conditions. If you do not agree unconditionally
accept the terms of this Agreement, therefore you do not have the right
use the Program (service).

License offer agreement

on granting the right to use the AlfaCRM Service

Novosibirsk city

This document Limited Liability Company "Vostok Innovations", hereinafter referred to as "Licensee", represented by director Vyacheslav Aleksandrovich Volynets, acting on the basis of the Charter, expresses its intention to conclude an agreement on granting the right to use the service "AlfaCRM" With Sublicensees on the terms of this offer (hereinafter - Agreement).

1. Terms and definitions

1.1. Offer- a formal proposal of a certain person (offeror) to a certain person (acceptor), a limited or unlimited circle of persons, to conclude a transaction (agreement) indicating all the conditions necessary for this.

1.2. Acceptance of the Offer- full and unconditional acceptance of the Offer by performing the actions specified in section 6 of the Offer. Acceptance of the Offer creates Agreement on the terms of the Offer.

1.3. Service is a collection of interconnected web pages located on the Internet at a unique address (URL): https://site, a cloud CRM system that allows the sublicensee company to store and process the data of its clients, in accordance with the requirements of the legislation on the protection of personal data.

1.4. Licensee- owner of the AlfaCRM resource (https://site) - Vostok Innovations LLC TIN 5404029565, holder of exclusive rights to the AlfaCRM Service, managing the Service and interacting with Sublicensees, as well as performing other actions related to the use of the Service, granting for a fee the right to use the Service in accordance with the terms of this Agreement.

1.5. Sublicensee- a person, as well as employees (clients) of this person, who lawfully own access data to the Service, and use the Service on a reimbursable basis in the ways established by this agreement, within the limits established by this Agreement.

1.6. Non-exclusive License- granting the Sublicensee the right to use the Service while retaining the Licensee’s right to issue licenses to other persons.

1.7. Information- any information and content posted on the Service.

1.8. Account- a record stored on the Service website containing information necessary to identify the Sublicensee when providing access to use the Service, information for Authorization and accounting in the Service. This record includes, but is not limited to, a username and password (or other similar means of authentication).

1.9. Terms not specifically defined in this Agreement are used in the meanings established by regulatory legal acts of the Russian Federation.

2. Subject of the agreement

2.1.

The Licensee provides the Sublicensee for a fee, in the manner and on the terms set out in this Agreement, as well as in accordance with the provisions of Part 4 of the Civil Code of the Russian Federation, a non-exclusive license to use the Service.

2.2. Access to the Service can be provided for a period of one month to a year with the possibility of extension.

  • 2.3. The service includes the following set of functions:
  • Secure HTTPS data transfer protocol;

2.3.2. Notifications via SMS and e-mail messages;:

  • Client base
  • Search the database;
  • View detailed information about the client;
  • Adding and editing information about the client;

2.3.3. View client change history;:

  • Employee base
  • Adding, deleting, editing employees;
  • Providing or blocking access to an employee;

2.3.4. Viewing the history of employee actions;:

  • Calendar planner
  • View calendar;
  • Creating, editing, deleting a record;
  • Changing the status of a record;

View history of changes;

2.5. The Licensee has the right to supplement the functionality of the Service without prior notice to the Sublicensee.

4. Guarantees of the parties

3.1. The Licensee warrants that it is the proper copyright holder of the Service. The Licensee also guarantees that the Service does not use elements that violate the rights of third parties.

3.3. The Licensee guarantees the possibility of continuous access to the Service during the period of validity of this Agreement and the protection of information related to the Sublicensee and its clients.

3.4. The Licensee guarantees that the security measures used in the Service comply with the requirements for personal data information systems of the 3rd security level.

3.5. The sublicensee, in turn, guarantees the use of the Service in the manner and within the time limits established by this Agreement, in compliance with the terms of the Agreement on the exclusive rights of the Licensee to the Service.

3.6. By posting personal and other data and information on the Service, the Sublicensee agrees that the Licensee (and/or its authorized representatives) will receive and store in electronic form the personal data of the Sublicensee and its clients on behalf of the Sublicensee. The purpose of processing personal data of the Sublicensee and its clients is to provide the opportunity to use the Service in accordance with the terms of the Agreement.

3.7. The Sublicensee agrees that the Licensee will send correspondence to the Sublicensee to the email address specified by him, information about promotions carried out by the Service and its partners and other information.

4. Rights and obligations of the parties

4.1. By the right to use the Service, the Parties mean the transfer to the Sublicensee of the following rights:

  • use of the Service in accordance with the terms of this Agreement

4.2. In the process of using the Service, the sublicensee undertakes to:

  • make payment of the license fee in a timely manner and in the manner established by this Agreement;
  • not violate the exclusive rights to the Service owned by the Licensee;
  • not to transfer the rights to use the Service to Sublicensees;
  • do not transfer access data to the Service to third parties;
  • allow only employees who need such access to perform their official duties assigned by order to work with the Service regarding the processing of personal data;
  • determine for each employee who has access to the Service a security role within the minimum required for work;
  • change your access password to the Service every 6 months;
  • keep access passwords secret;
  • ensure control of physical access to the premises where work in the Service takes place;
  • ensure that devices for entering information into the Service are placed to prevent unauthorized viewing;
  • collect and store consent to the processing of personal data of individuals who are clients of the Sublicensee before the start of processing such data in the Service;
  • In case of technical problems, as well as lack of access to the Service, the Sublicensee undertakes to immediately contact the technical support service of the service at the email address: support@site

In case of early termination of the contract or refusal to renew it, the Sublicensee is obliged to copy all of its data to its own resource.

4.3. The licensee undertakes:

  • ensure round-the-clock and continuous operation of the Service on the Internet;
  • ensure daily copying of the Sublicensee's data and their restoration in case of loss. The storage period for backup copies is 7 days;
  • ensure storage of the Sublicensee's data archive. Sublicensee's data storage obligations are limited to the duration of the license. If the license is terminated due to the Sublicensee's refusal to renew it, the information is stored on the Service for 1 (one month) from the date of expiration of the license, after which the data is deleted without the possibility of recovery;
  • ensure the safety of data related to the Sublicensee and under no circumstances transfer it to third parties, with the exception of requests from government authorities received in accordance with the established procedure;

5. License fee

5.1. The sublicensee pays the Licensee a fee for granting the right to use the Service.

5.2. The cost and payment periods for remuneration for using the Service are posted on the Licensee’s website at https://site/tariff.

5.3. The sublicensee pays the Licensee 100% of the remuneration specified in the invoice issued by the Licensee for payment by non-cash transfer of funds to the Licensee's bank account or by bank card via the Internet. Payment of the invoice constitutes the Sublicensee's consent to the amount of remuneration.

5.4. The Licensee reserves the right to change the amount of the license fee by notifying the Sublicensee no later than 10 days before the expiration of the paid period for using the Service via SMS notification or email.

5.5. Payment for a new period of using the service at the changed rates is the Sublicensee’s consent to the amount of remuneration and the extension of the contract on the changed terms.

5.6. If the Sublicensee fails to use the Service, either in whole or in part, for reasons beyond the control of the Licensee, the received license fee is not refundable.

6. Acceptance of offer

6.2. The Agreement is considered concluded from the moment the person performs the actions to open an account - entering a user name and phone number, which means the person’s full and unconditional acceptance of all the terms of this Agreement without any exceptions and/or restrictions, in accordance with the provisions of the current Civil Code of the Russian Federation.

7. Registration, account security

7.1. Registration of the Sublicensee in the Service is carried out by filling out the appropriate registration form. When registering in the Service, the Sublicensee enters a username, email address and password, that is, creates an account.

7.2. The Sublicensee undertakes to provide true, complete and accurate information about itself in the registration form and to keep this information up to date.

7.3. The sublicensee agrees that the security of the login and password directly depends on their complexity (number and variation of characters).

7.4. The Sublicensee agrees that he is solely responsible for maintaining the confidentiality of the login and password associated with his personal account used by him to access the Service. The Sub-Licensee also agrees that he is solely responsible to the Licensee for all actions that occur while using his (Sub-Licensee) account.

7.5. Activation of the Sublicensee's account in the Service is carried out after payment of the license fee.

7.6. If the Sub-Licensee becomes aware of any unauthorized use of his password, login or personal account details, the Sub-Licensee undertakes to immediately notify the Licensee of this by sending an appropriate email to the address: support@site.

7.6. The sublicensee undertakes not to post (and if posted, bear full responsibility on its own) in the Service email addresses and other personal information of any third parties without their personal consent to such actions.

8. Responsibility of the parties

8.1. For failure to fulfill or improper fulfillment by the Parties of the obligations assumed in accordance with this Agreement, the Parties are liable in accordance with the current Russian legislation and this Agreement.

8.2. The Licensee is not responsible for any losses (including losses due to loss of profit, loss of business information, any property damage) arising to the Sublicensee in connection with the use or inability to use the Service.

8.3. The Licensee is not responsible for the quality of communication channels, Internet browser settings, as well as for interruptions in operation that occur for reasons beyond the control of the Licensee.

8.4. In case of violation by the Sublicensee of clauses 4.1.-4.2. of this Agreement, the Licensee has the right to cancel the Sublicensee’s right to use the Service without prior notice and without returning the remuneration paid to the Licensee.

8.5. If the Sublicensee suspects unauthorized use of the Service, it undertakes to immediately notify the Licensee so that the latter can block the Sublicensee's accounts until the circumstances of third parties gaining access to the Service are clarified. Until such notice is received, the Licensee acknowledges the use of the Service with the consent of the Sublicensee.

8.6. The Licensee is not responsible for SMS messages sent by the Sublicensee through the Licensee Service or through the Service of third parties. The Sublicensee is responsible for sending SMS messages, both advertising and other, based on the fact of sending and their content.

8.7. The Sublicensee is responsible for any information (including, but not limited to: data files, texts, etc.) that it provides for placement in the part of the Service that it may have access to.

8.8. Under any circumstances, the Licensee's liability in accordance with Article 15 of the Civil Code of Russia cannot exceed 5,000 (five thousand) rubles and is assigned to him if there is guilt in his actions.

8.9. The provisions of this Agreement do not exclude or limit the Licensee's liability for damages to the extent that such liability cannot be excluded or limited by applicable law.

9. Force majeure

9.1. The Parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement in the event of force majeure circumstances that directly or indirectly prevent the execution of this Agreement, that is, such circumstances that do not depend on the will of the Parties, extraordinary and unpreventable phenomena, events, the impact of which occurs from the outside and does not depend on subjective factors, could not be foreseen by the Parties at the time of conclusion of the Agreement and prevented by reasonable means when they occur (force majeure).

9.2. To the circumstances specified in clause 9.1. of this Agreement include: natural disasters, hurricanes, avalanches, epidemics, earthquakes, floods, other natural disasters, as well as military actions, large-scale strikes, prohibitive measures of the state, acts of authorities directly affecting the subject of this Agreement.

9.3. Force majeure circumstances do not include a financial and economic crisis, underfunding or other financial difficulties of one of the Parties.

9.4. If one of the Parties is unable to fulfill its obligations due to force majeure, it must, within 5 (five) calendar days from the date of occurrence of such events, notify the other Party in writing about the nature of the events and the expected period of their validity.

9.5. In the event of the occurrence of force majeure circumstances, the period for fulfilling obligations under this Agreement is postponed for the duration of these circumstances.

9.6. If force majeure circumstances continue to apply for more than 2 (two) months in a row, each Party has the right to terminate this Agreement unilaterally by sending the other Party a corresponding notice. Failure to notify or untimely notification of the Party about the onset of force majeure circumstances deprives it of the right to refer to them as a basis for releasing from liability for failure to fulfill obligations under this Agreement.

9.7. In the event of a dispute about the time of occurrence, duration and end of certain force majeure circumstances, the conclusion of the competent authority at the location of the relevant Party will be appropriate and sufficient confirmation of the beginning, duration and end of these circumstances.

10. Conditions for termination of this agreement

10.1. Each Party has the right to terminate this Agreement early by sending a notice at least 10 (ten) calendar days before the expected date of termination.

10.2. In the event of termination of the Agreement by the Licensee in the absence of guilty actions of the Sublicensee, the Licensee makes compensation for the unused temporary resource of access to the Service, in proportion to the amount of remuneration for the corresponding period.

10.3. In the event of termination of the Agreement by the Licensee due to violations of the terms of the Agreement by the Sublicensee, no refund of remuneration will be made.

10.4. In the event of termination of the Agreement by the Sublicensee, in the absence of violations of the terms of the Agreement by the Licensee, no refund of remuneration will be made.

11. Dispute resolution

11.1. The parties are obliged to make every effort to resolve through negotiations all disagreements and disputes that may arise under this agreement, in connection with it or as a result of its execution.

11.2. Disputes and disagreements that cannot be resolved through negotiations are resolved in court with mandatory compliance with the claims procedure. The deadline for filing a claim is 14 (fourteen) calendar days.

11.3. If agreement is not reached through negotiations, the dispute is referred to the Arbitration Court of the Russian Federation.

12. Other conditions

12.1. The Agreement comes into force from the moment of account registration, and is valid for the period of the Sublicensee’s right to use the Service under this Agreement.

12.2. The Service can be used free of charge until the license fee is paid, and after the payment period has expired.

12.3. The Licensee undertakes to inform the Sublicensee about changes (additions) under the terms of the offer agreement by publishing the new version on the Internet at: https://site.

Changes and additions to this Agreement come into force from the moment of their publication.

12.4. The Sublicensee understands and agrees that if he uses the Service after the date of the relevant changes to this Agreement, this will be regarded as the fact that the Sublicensee has accepted the amended terms of the Agreement.

12.6. In everything that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

12.7. If any provision of the Agreement becomes invalid, this does not affect the validity of the remaining provisions of the Agreement.

12.8. If the name, address, bank details or reorganization change, the Parties shall inform each other in writing or via email within three days.

12.9. Without conflicting with the terms of the Offer, the Licensee and Sublicensee have the right at any time to draw up the Agreement in the form of a written bilateral document.

13. Address and bank details of the licensee

Vostok Innovations LLC
Address: Novosibirsk, Tashkentskaya st., 69, room 2, 630120

TIN 5404029565
Gearbox 540401001
OGRN 1165476067822

Bank: Novosibirsk Branch of Alfa Bank JSC
INN 7728168971 OGRN 1027700067328
р\с 40702810123230000692
k\s 30101810600000000774
BIC 045004774

Director: Volynets V.A.

for the right to use the computer program “Gingerbread”

02/01/2012 Moscow
This License Agreement is an offer Limited Liability Company "Protection Technologies", represented by General Director Alexey Anatolyevich Lyubko, acting on the basis of the Charter, hereinafter referred to as the Licensor, and an individual or legal entity, hereinafter referred to as the Licensee. For the purposes of this agreement, acceptance means the fact of registration of the Licensee’s Users on the Licensor’s server. A written License Agreement must be concluded if the Licensee intends to use the “Gingerbread” computer program at the “Masters” rate.

1. TERMS AND DEFINITIONS

  • 1.1. Offer - a public offer of the Seller, addressed to any person, to conclude a license agreement with him (hereinafter referred to as the Agreement) on the existing conditions contained in the Agreement.
  • 1.2. Acceptance - full and unconditional acceptance by the Licensee of the terms of the Agreement
  • 1.3. Licensor is a legal entity that has entered into an Agreement with the Licensee for the right to use (simple (non-exclusive) license) of the Software.
  • 1.4. Licensee is a legal entity or individual who has entered into an Agreement with the Licensor on the terms and conditions contained in the offer.
  • 1.5. User - an individual who has registered on the Licensor’s website and uses the computer program “Gingerbread”
  • 1.6. Accounting time- the time of use of the program by all Users of the Licensee is calculated in calendar months.
  • 1.7. Simple non-exclusive license- non-exclusive right to use a copy of the Software on the territory of the Russian Federation for one’s own consumption under the name designated by the Licensor, without the right to alteration or other processing, without the right to distribute.
  • 1.8. Software- Computer program “Gingerbread”.
  • 1.9. Accounting period- a period of time equal to 31 days.
  • 1.10. System/System Components- any software that is not software developed by Protection Technologies LLC.
  • 1.11. A communication channel is a communication system built on the basis of the rules of the Licensee’s information environment, allowing the Installer to gain access via data transfer protocols to the server intended for installing the software.
  • 1.12. Sender is a contact person on the part of the Licensee who has submitted a request for technical support.
  • 1.13. Personal Area- an Internet page on the website of the computer program “Gingerbread”, located on the Licensor’s server, displaying the history of the relationship between the licensor and the licensee, including information on the number of Users, time of use of the software and payment history under the agreement.

2. SUBJECT OF THE AGREEMENT

  • 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 "Gingerbread" - to the Licensee under the terms of a simple (non-exclusive) license by opening access to the Licensor's server
  • 2.2. Exclusive rights to the software belong to the Licensor.
  • 2.3. The licensee has the right to exercise the right to use the software throughout the Russian Federation. The use of the Software outside the territory of the Russian Federation is agreed upon by the Parties by concluding Additional Agreements to this Agreement.

3. EXCLUSIVE RIGHTS

  • 3.1. The computer program “Gingerbread” is the result of the intellectual activity of the Licensor and is protected by the copyright legislation of the Russian Federation.
  • 3.2. The “Gingerbread” computer program does not use any elements in violation of the rights of third parties.
  • 3.3. The right to use the computer program “Gingerbread” is granted only to Users of the Licensee (and no other third parties) solely to the extent specified in this License Agreement, unless there is a written consent of the Copyright Holder to the contrary.

4. TERMS OF USE (scope of rights granted)

  • 4.1 The licensee can use the “Gingerbread” computer program in the following ways:
  • 4.1.1 Users of the Licensee can use the capabilities of the software by accessing their Personal Account on the website

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

    5.1 The licensee has the right:
  • 5.1.1 carry out any actions related to the operation of the software in accordance with its purpose, namely:
    • provide employees of the Licensee's organization, as well as other persons at the Licensee's discretion (Users), with remote access to work in the Program in the amount paid for by the Licensee;
    • gain access to information generated as a result of operating the software in order to generate summary reports;
    • use the software in commercial activities, excluding cases of resale, rental or transfer of the software to third parties, which is possible only after concluding appropriate written agreements with the Licensor;
    • grant the right to use the software to third parties without granting them a sublicense. In this case, the Total amount of access rights to the Program granted by the Licensee must not exceed the number of paid accounts by the Licensee to the Licensor;
    • Terminate the agreement in the manner provided for in clause 10.4 of this Agreement.
    5.2. The licensee is obliged:
  • 5.2.1. use the Software only within the limits of those rights and in the ways provided for in this Agreement;
  • 5.2.2. make payments under this Agreement in accordance with the terms of this Agreement.
  • 5.3. The licensee has no right:
  • 5.3.1. reproduce software;
  • 5.3.2. modify the software;
  • 5.3.3. distribute (copy), make the software public, decode, disassemble the software;
  • 5.3.4. distribute copies of the software or its parts and/or carry out other actions aimed at deriving commercial benefits in relations with third parties from the use of the software;
  • 5.3.5. grant sublicenses for any use of the software or its parts to third parties.
  • 5.4. The licensor is obliged:
  • 5.4.1. within 1 business day from the moment the Licensee fulfills its payment obligations, provide the Licensee with the rights to use the software to the extent of the licenses paid for by the Licensee.
  • 5.4.2. provide information on issues related to working with the Program via email, blog;
  • 5.4.3. eliminate possible software failures in the operation of the Software that arose through the fault of the Licensor, based on the Licensee’s application, except for cases of violation by the Licensee of the Software Operation Rules located on the Software Operation Rules page.
  • 5.5. The licensor has the right:
  • 5.5.1. terminate the Agreement unilaterally and refuse to provide the Licensee with the rights to use the Software if the Licensee fails to meet payment deadlines for more than 1 month, or on other grounds provided for in this Agreement.
  • 5.5.2. release new releases and versions of the software, establish conditions for their provision to the Licensee, conditions for technical support and maintenance;
  • 5.5.3. engage third parties to provide services under this Agreement.
  • 5.5.4. place the Licensee's logo in the section with a list of clients on the website www.site
  • 5.5.5. mention the Licensee in public speeches and publications in the media as a client.
  • 6. PROCEDURE FOR GRANTING RIGHTS TO THE SOFTWARE

    • 6.1. The right to use the Software is granted to the Licensee immediately after acceptance of this License Offer Agreement.
    • 6.2. The fact that the Licensee has been granted the right to use the software is confirmed by the ability to register the Licensee’s User account in the Gingerbread Software.
    • 6.3. The procedure for granting rights to the software:
    • 6.3.1. When registering on the Licensor’s website, the Licensee is granted the right to use the program for any number of accounts for a period of 31 days in the amount, in accordance with clause 4.1.1., under the terms of the “Jedi” tariff.
    • 6.3.2. After 31 days, the Licensee is obliged to pay a license fee according to one of the tariffs set out on the page
    • 6.3.3. When paying the cost of a simple (non-exclusive) license, the Licensor provides the Licensee with access to the Program on an ongoing basis for the duration of the paid accounting period in the amount of the paid license fee. The beginning of the next accounting period is calculated from the date of receipt of payment from the Licensee in accordance with the terms of this Agreement.
    • 6.3.4. If timely payment for the next accounting period is not received in the Licensor’s bank account, then all licenses provided to the Licensee are automatically transferred to the use mode at the “Padawan” tariff.
    • 6.3.5. If errors are detected in the operation of the software, the Licensee sends a written application to the Licensor. The parties, within 5 (Five) working days from the date of receipt of a written application from the Licensee describing the malfunctions, determine the timing and procedure for their elimination by drawing up a written agreement.
    • 6.3.6. Provisions of clauses 6.3.5. of this Agreement do not apply if the Licensee does not comply with the rules for operating the software recommended by the Licensor or the Licensor’s recommendations for using the software, etc.
    • 6.3.7. The Licensee may change the tariff by sending a written notification to the Licensor by email at info@site no later than 5 business days before the planned transition.

    7. PRICE AND PAYMENT PROCEDURE

    • 7.1. The cost of the right to use (simple (non-exclusive) license) software for the Gingerbread computer is set out on the page
    • 7.2. The licensee pays the license fee in the manner provided for in clause 6.3 of this Agreement
    • 7.3. The licensee, by using the Personal Account, independently monitors the volume of transferred funds and the number of paid accounts.
    • 7.4. Upon a written application from the Licensee sent to the Licensor’s email address, an invoice for payment of the license fee may be issued, as well as acts of work performed and invoices may be sent.
    • 7.5. The moment the Licensee fulfills payment obligations is the date of receipt of funds, in full, to the current account or to the current account of the Licensor. If partial payment is received, first of all, the funds go to pay for the right to use the Software, and the remaining part goes to pay for the services provided under the Agreement.
    • 7.6. The currency of settlements under this Agreement is the ruble of the Russian Federation.
    • 7.7. In the event of early termination of this Agreement for any reason, the amount of the prepayment made is not refundable to the Licensee.

    8. FORCE MAJEURE

    • 8.1. In the event of force majeure circumstances, which include natural disasters, accidents, fires, riots, strikes, military actions, illegal actions of third parties, the entry into force of legislative acts, government regulations and orders of state bodies that directly or indirectly prohibit those specified in this Agreement types of activities that prevent the parties from fulfilling their functions under this Agreement and other circumstances beyond the control of the Parties, they are released from liability for failure to fulfill their obligations if within 10 (ten) days from the occurrence of such circumstances and if there is communication between the Party , affected by their influence, will bring to the attention of the other Party the news of what happened, and will also make every effort to eliminate the consequences of force majeure as quickly as possible.
    • 8.2. The party that has suffered losses due to force majeure may require that the party subject to force majeure provide documentary evidence of the extent of the events that occurred, as well as their impact.
    • 9. RESPONSIBILITY OF THE PARTIES

      • 9.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
      • 9.2. The licensee uses the granted rights to use the software at his own risk. The licensor does not accept responsibility for the compliance of the services with the purpose of use.
      • 9.3. Licensee agrees that no software is error free.
      • 9.4. The licensor is not responsible for:
      • for any actions of the Licensee related to the use of the granted rights to use the software;
      • for damage of any kind incurred by the Licensee due to the loss and/or disclosure of their data necessary to access the software;
      • for the quality of services (in particular data transfer services) necessary for working with the software, if they are organized by third parties not involved by the Licensor.
      • 9.5. The Licensee agrees that to work with the software, the Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the Licensor is not responsible for the quality of their work.
      • 9.6. The Licensor ensures data backup and archival storage of the Licensee's data throughout the entire term of the Agreement. Data backups are performed every day.
      • 9.7. If the loss of data was caused by the actions of the Licensee, data recovery is carried out upon request sent to the Licensor. Data recovery is carried out only if technically possible.

      10. VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

      • 10.1. The agreement comes into force from the moment of full and unconditional acceptance of the offer - registration of the Licensee on the Licensor’s website, and is valid for the period determined by the Licensee in accordance with Appendix No. 1 to this agreement.
      • 10.2. All disputes and disagreements are resolved through negotiations. If disagreements and disputes cannot be resolved through negotiations, their consideration is referred to the Moscow Arbitration Court (for legal entities) and to the Moscow Court of General Jurisdiction (for individuals).
      • 10.3. In the event of termination of the Agreement, all information posted on the site, the Licensee’s personal data and related files are physically destroyed from the Licensor’s media.
      • 10.4. Any of the Parties has the right to unilaterally refuse to fulfill this License Agreement by notifying the other Party by sending a message 30 (thirty) days in advance by electronic means.
      • The Licensee's email address is indicated during registration.
      • The Licensor's email address is info@site

      11. PERSONAL DATA

      • 11.1. The Licensor collects, processes and stores the Licensee’s personal data (namely: last name, first name, patronymic, email address, contact numbers) for the purposes of:
      • fulfillment of the terms of this Agreement;
      • compliance with the requirements of the Federal Law “On Personal Data”.
      • 11.2. The Licensee gives consent to the Licensor to collect and process personal data.
      • 11.3. When collecting and processing personal data, the Licensee and Licensor do not pursue any other purposes other than those established in clause 11.1. actual agreement.
      • 11.4. Access to personal data is available to persons directly processing the personal data of the User and/or Licensee for billing and the Licensor’s technical support service.
      • 11.5. The Licensor undertakes to: maintain confidentiality regarding the Licensee’s personal data; prevent attempts of unauthorized use of personal data of Users and/or the Licensee by third parties; exclude access to personal data of Users and/or Licensee, persons not directly related to the execution of Applications.

      12. ADDRESSES AND DETAILS OF THE PARTIES

      LLC "Protection Technologies" Legal address: 124482, Moscow, Zelenograd, Savelkinsky proezd, 4, office 1309,
      INN 7735558901 KPP 773501001
      account number 40702810838150006848 in Sberbank of Russia OJSC, Moscow, Zelenogradskoe OSB No. 7954
      c/s 30101810400000000

In accordance with Article 438 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), unconditional acceptance (acceptance) of the terms of this Agreement - a public Offer (hereinafter referred to as the Agreement) is considered to be payment of remuneration by the Licensee and receipt of the corresponding financial document confirming the fact of payment. The Licensor proposes to conclude an agreement on the transfer of rights to a simple (non-exclusive) license to use the Asgard Software Complex to any legal entity and individual, hereinafter referred to as the Licensee, on the terms of this Agreement.

1. The Subject of the Agreement

1.1 The subject of the Agreement is the provision by the Licensor to the Licensee, on the terms and to the extent specified in this Agreement, of non-exclusive rights to use the Asgard Software Complex (hereinafter referred to as the “Complex”), located on the Licensor’s website.

1.2 The full list of rights included in the Tariff plans and prices is reflected on the Licensor’s website.

1.3 In all other respects not specified by the terms of this agreement, the parties will be guided by the current legislation of the Russian Federation.

2. Terms and definitions

2.1 Client account is a customizable virtual workplace of the Licensee in the Complex, where the Licensee carries out actions in accordance with the selected tariff plan.

2.2 Accounting period - a period equal to 30 (thirty) calendar days for which access to the Complex is provided.

2.3 Access to the Complex - a client account with a unique name (login) and password (password).

3. Rights and obligations of the parties

3.1 The Licensor undertakes:

3.1.1 Grant (transfer) to the Licensee the right to use the Complex by registering in the system and assigning a unique name (login) and password (password) to log into the client account.

3.1.2 Provide access to the Complex within one business day after receipt of payment to the Licensor’s bank account in accordance with the tariff and volume of services chosen by the Licensee.

3.1.3 Organize free consultation of the Licensee on issues of use and payments for the Complex.

3.2 The licensor has the right:

3.2.1 Make changes to tariffs with mandatory written or electronic (by email) notification of this to the Licensee at least 1 month before the introduction of new tariffs.

3.3 The Licensee undertakes:

3.3.1 Timely pay the remuneration for the provision (transfer) to the Licensee of property rights to use the Complex in accordance with Section 4 of this Agreement, and also independently monitor changes in tariffs, which the Licensor informs about in accordance with the terms of clause 3.2.1 of this Agreement.

3.3.2 Indicate authentic details in the Asgard Complex and immediately notify the Licensor of all changes and additions. The Licensor has the right to unilaterally refuse to fulfill this agreement if it is discovered that the Licensee has incorrectly indicated its details.

3.3.3 Do not set tasks for the Licensor that are contrary to the laws of the Russian Federation.

4. Payment procedure

4.1 Payment of remuneration for the provision (transfer) to the Licensee of property rights to use the Complex is carried out in accordance with the tariffs indicated on the Licensor’s website.

4.2 All payments are made in rubles.

4.3 Provision (transfer) of property rights to use the Complex to the Licensee is carried out on an advance payment basis. The amount to be paid is determined by the Licensee independently, based on the volume of services ordered in accordance with the tariffs indicated on the Licensor’s website.

4.4 The Licensor has the right to limit (suspend) access to the Complex in the absence of advance payment by the Licensee. The Licensor has the right to terminate the Agreement unilaterally if the Licensee fails to pay within three accounting periods.

5. Responsibility of the parties

5.1 The Licensor provides access to the Complex around the clock, every day, without interruptions, with the exception of necessary repair and maintenance work.

5.2 The Licensor’s liability cannot exceed an amount equal to part of the fee for the accounting period according to the tariff plan chosen by the Licensee, proportional to the time of actual lack of access to the Complex.

5.3 Circumstances that exclude the Licensor’s liability for failure to fulfill obligations are force majeure and other circumstances beyond the control of the Licensor. The Licensor is not responsible for losses and other consequences arising in connection with the use or inability to use the Complex by the Licensee.

6. Dispute resolution

6.1 All disputes and disagreements arising as a result of the execution of the terms of this agreement are resolved through negotiations between the parties. Disputes and disagreements that are not resolved through negotiations must be resolved through a claim procedure. The deadline for responding to a claim is 30 calendar days from the date of its receipt.

6.2 If it is impossible to reach an agreement between the parties through the claim procedure, disputes are subject to referral to the Arbitration Court of the Chelyabinsk Region.

6.3 The Licensee does not make any claims to the Licensor in the following cases:

6.3.1 Poor quality of the cellular communication system, for which the telecom operator is responsible.

6.3.2 In case of communication disruptions that occur due to the fault of the Internet service provider, and which the Licensor cannot influence.

6.3.3 Poor performance of the GPS and GLONASS systems and changes in the rules of their operation established by the US and Russian Ministries of Defense, respectively.

6.3.4 When operating equipment in the area of ​​radio interference created by external sources (radar stations, etc.).

6.3.5 When using the Complex by the Licensee’s employees who have not been consulted by the Licensor.

6.3.6 Use of low-quality or faulty equipment.

6.4 On all issues not regulated by this agreement, the parties are guided by the norms of the current civil legislation of the Russian Federation.

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