Terms used in the License Agreement (hereinafter referred to as the License):
"Software" (hereinafter referred to as software) is a computer program (a basic platform that can consist of both an independent computer program and several parts: server and client (Patentologist, RID Inventory), online service (Weblicenser).
"Component" - a new version of the software, including the revised software version, add-ons, modules, design elements, etc.
"Key" - the components required to activate the Software and Components.
"PRIMARY SYSTEMS" - Limited Liability Company "Primary Systems" (Owner of the Software and Components, who owns the exclusive right to the software and other results of intellectual activity related to the software, except for software components, the rights to which belong to other persons).
“User” is a person who lawfully received and uses a copy of the Software and Components under the terms of this License.
"Number of Licenses" - the number of Licenses for each copy of the Software and Components. The number of copies corresponds to the number of computers on which the Software and Components will be installed.
"Computer" - a piece of equipment (computer) that meets the technical requirements for the installation and operation of software and Components.
By installing the Software and Components, the User confirms that he is familiar with the requirements for the Software and Components and unconditionally accepts the terms of the License.
In case of disagreement with the terms of the License, the User is obliged to refuse to install the Software and Components and to remove the distribution of the Software and Components from the computer.
Subject of the License
1.1. PRIMARY SYSTEMS grants the User a non-exclusive license to use the Software and its Components in their activities under the terms of this License Agreement (hereinafter referred to as the License).
1.2. The Software and Components are provided under a non-exclusive license, not sold, and PRIMARY SYSTEMS reserves all rights to the Software not expressly granted to the User, whether indirectly, by revocation or otherwise.
The user has the right
2.1. Require PRIMARY SYSTEMS to properly fulfill its obligations in accordance with the terms of the License.
2.2. Install Software and Components for the number of computers corresponding to the Number of Licenses.
2.3. Has the right to reinstall the previously installed software and Components on other computers belonging to the User using the Keys attached to them.
The user undertakes
3.1. Use the Software and Components within the limits established by the License.
3.2. Ensure the ability to supply Components via the Internet during the software support period.
User is prohibited
3.3. Bypass any technological protections found in the Software or Components or services associated with the Software or Components.
3.4. Disassemble, decompile, decrypt, hack, emulate, develop or study the technology of any software or Components or other aspects of the Software or Components that are included in them or that can be accessed through the Software or Components, unless expressly permitted. applicable copyright laws.
3.5. Separate software components or Components or services for use on different devices.
3.6. Publish, copy, rent, rent, sell, export, import, distribute or lend the Software or Components.
3.7. Transfer the Software or Components, any licenses for the Software or Components, or any rights to access or use the Software or Components.
3.8. Use the Software or Components in any unauthorized manner that may impede someone else's use or access to any service, data, account or network.
3.9. Provide unauthorized third parties with access to the Software or Components.
3.10. Install Software and Components on an excess of computers provided by the Number of Licenses.
PRIMARY SYSTEMS has the right
3.11. Request clarifications and clarifications from the User, including in the event of receiving a message from the User about the occurrence of defects in the Software or Components.
3.12. Transfer your rights under the License without the consent of the User.
PRIMARY SYSTEMS undertakes
3.13. Deliver the Components during the software support period, provided that the User fulfills clause 3.2 of the License.
3.14. To carry out on their own and at their own expense elimination of defects in the Software and Components during the period of software support. The shortcomings of the Software and Components identified by the User are eliminated by supplying the Components, provided that PRIMARY SYSTEMS is sent to the e-mail address email@example.com a message about software and Component deficiencies and sending, in case of a request from the PRIMARY SYSTEMS support service, an application with a screenshot of the monitor screen, at the time of the error, and information from the error report at the request of the PRIMARY SYSTEMS support operator.
Delivery and installation of software and components
4.1. The installed software (Patent specialist, RID Inventory) is supplied to the User by sending to the e-mail address specified by the User a letter containing a link for downloading the distribution kit and the Key, within 3 (three) business days from the date of receipt of funds to the PRIMARY SYSTEMS bank account, if otherwise not provided by another document.
4.2. The User independently installs the installed software on the computer, unless a contract for installing the software has been concluded between PRIMARY SYSTEMS and the User.
4.3. When self-installing a computer program or client parts of the software, the User is obliged to provide access to the Internet on such computers for checking Licenses. If the check fails within two months, the software may be blocked, while the data loaded into the software will not be lost, but it will be impossible to work with them, unless otherwise provided by another document.
4.4. The components are supplied to the User by means of automatic software update, provided that the User fulfills clause 3.2. Licenses, unless otherwise provided by another document.
4.5. The access and use of the online service (Weblicenser) by the User is carried out on the basis of the procedure for using the online service (Weblicenser), agreed individually with each User.
Collection of non-personalized information from Users
5.1. The User agrees and permits PRIMARY SYSTEMS to collect, send, store and process non-personalized information that does not contain personal or work data of Users (logs, error messages, etc.) for the purpose of improving the quality of the Software and Components. Detailed information is disclosed in the Agreement on the processing of personal data.
User data stored in the software
6.1. The data stored on the User's computer, including those entered into the software database, are the property of the User and he is fully responsible for their safety, ensures their backup and takes all necessary measures to avoid complete or partial loss or distortion of data. The Software and Components may provide for the possibility of backing up data, however, in this case, PRIMARY SYSTEMS is under no circumstances responsible for the complete or partial loss or distortion of the User's data.
Specifics of using third-party software (if applicable)
7.1. For the operation of the Software and Components, it may be necessary to install third-party software on the User's computer. If such a condition exists, it is indicated in the software requirements. In this case, the User is obliged to independently ensure the possibility of using such software on a computer, unless otherwise provided by an additional agreement concluded between the User and PRIMARY SYSTEMS.
Limitation of Liability
8.1. PRIMARY SYSTEMS does not provide any express or implied warranties or conditions regarding the use of the Software or Components by the User. By agreeing to these terms and conditions, the User confirms that he is aware that he uses the Software or Components at his own risk, and that when delivering the Software or Components, the rule “as is”, “with all errors” and “if available ". The user acknowledges that computers and telecommunication systems are not reliable and are subject to periods of downtime that occur from time to time. PRIMARY SYSTEMS does not guarantee that the work of the software will be uninterrupted, timely, reliable and error-free, and also does not exclude the possible loss of the User's content. PRIMARY SYSTEMS does not guarantee any connection to computer networks or transmission from computer networks. PRIMARY SYSTEMS does not guarantee that the Software or Components will function correctly and error-free in conjunction with software from other manufacturers. Considering the above, PRIMARY SYSTEMS cannot guarantee the safety of data and files, however, it will take all necessary measures to avoid complete or partial loss or corruption of data or files stored by PRIMARY SYSTEMS. In this regard, the User agrees that, within the limits permitted by the current legislation, the only remedy is to recover direct damages from PRIMARY SYSTEMS in an amount not exceeding the amount paid by PRIMARY SYSTEMS.
Data confidentiality guarantee
9.1. PRIMARY SYSTEMS guarantees that it does not use or view data entered by Users and stored on equipment related to PRIMARY SYSTEMS or the User, without direct instructions from the User, drawn up in the form of an agreement for the provision of legal services.
9.2. Data and files entered by the User and stored on the User's computer or PRIMARY SYSTEMS equipment, including those entered in the databases of online services, are the property of the User, and he is solely responsible for their content and the possibility of placing them in the PRIMARY SYSTEMS databases, including , but not limited to, the requirements regarding copyright, state and commercial secrets, information in any way classified as confidential, personalized or other information implying a certain mode of work with it.
If the User enters data or files on the PRIMARY SYSTEMS equipment, the User is solely responsible for compliance with such a regime and assumes full responsibility for the placement of such information and the consequences that may result from a violation of such a regime, including, but not limited to, compensation for your account and on your own all monetary costs, the settlement of all disputes and other consequences.
For the software installed on the User's equipment (Patent specialist, RID Inventory):
10.1. Annual software support is purchased at the request of the User. Software support includes the delivery of Components and elimination of software defects, including those identified by the User, taking into account clause 3.2. Licenses.
10.2. The software support period is 365 (three hundred sixty five) calendar days.
10.3. The cost of the first 365 days of software support is included in the cost of the License and starts from the day the Keys to the Software or Components are authenticated when installed on the User's computer.
10.5. The user receives software support for the next period after the receipt of funds to the PRIMARY SYSTEMS bank account. From the moment the funds are received into the PRIMARY SYSTEMS bank account, subsequent software support is considered to be provided.
10.6. The User can refuse to support the Software at any time for a specific reason or without it, without making an appropriate payment for the cost of software support for the next period, while the User retains the right to use the Software and all Components lawfully received by the User during the period of the License.
If the User wishes to use software support again, the User is obliged to pay the cost of the entire period from the date of termination of the last paid software support period by the User, as well as pay for the subsequent software support period.
In case of refusal to support the software, PRIMARY SYSTEMS ceases to provide the User with Components and does not guarantee support for the versions of the Software and User Components.
10.7. PRIMARY SYSTEMS has the right to change the price of software support at any time, notifying the User about it by e-mail specified when receiving a copy of the software, not less than 30 days before the price change, but not more than by the amount of inflation and not more often than once a year. ... The price of a paid Annual license to use the Components remains unchanged.
For online service (Weblicenser):
10.8. The use of the online service is charged annually with a validity period of 365 (three hundred sixty five) calendar days.
10.9. The user receives the right to use the online service for the next period after the receipt of funds to the PRIMARY SYSTEMS bank account. From the moment the funds are received into the PRIMARY SYSTEMS bank account, the subsequent right to use is considered granted.
10.10. The user can refuse to use the online service at any time for a specific reason or without it, without making an appropriate payment for the next period. If the User refuses to pay for the subsequent period, the User loses the use of the online service and the data and files entered into the online service database within 10 working days without the possibility of recovery, unless otherwise agreed between the User and PRIMARY SYSTEMS.
10.11. PRIMARY SYSTEMS has the right at any time to change the price for using the online service, notifying the User about it by e-mail specified when receiving a copy of the software, not less than 30 days before the price change, but not more than by the amount of inflation and not more than one once a year. The price of the paid period is unchanged.
Force majeure circumstances
11.1. Neither Party will be liable for full or partial failure to fulfill obligations under the License Agreement if the failure is caused by force majeure circumstances, including prohibitive measures of authorities and management, arising after the conclusion of this License.
11.2. If any of such circumstances directly entailed the failure to fulfill the obligations of the Parties within the period, then this period shall be proportionally postponed for the duration of the relevant circumstance.
11.3 The party for which the impossibility of fulfilling its obligations was created must immediately inform the other party in writing about the beginning and termination of the above circumstances, but not later than 6 (six) days from the moment of their occurrence or termination.
11.4. If the impossibility of full or partial fulfillment of obligations persists for more than 6 (six) months, the party will have the right to terminate this Agreement in whole or in part without obligation to compensate the other party for possible losses.
12.1 The parties shall endeavor to resolve all disputes that may arise under the License through negotiations. If no agreement is reached, then all disputes will be resolved in accordance with the legislation of the Russian Federation in the Arbitration Court of the city of Moscow. Before filing a claim with an arbitration court, the Party whose interests are violated is obliged to present a claim to the other Party, to which the latter is obliged to respond within 30 (thirty) days from the date of receipt of the claim.
Term of validity of the License and conditions of its termination
13.1. The license comes into force from the date of receipt of funds to the bank account of PRIMARY SYSTEMS in the amount of the amount payable for the License, indicated on www.primsys.ru, and is valid until the parties fully fulfill their obligations.
13.2. If the user wishes to unilaterally terminate the License, then it is enough for him to uninstall the software and Components and remove the distributions from the computer or not pay for the subsequent period of using the online service. In this case, the funds are neither fully nor partially returned.
13.3. PRIMARY SYSTEMS has the right to terminate the License unilaterally without refunding the funds paid by the User if the User violates the terms of clauses 3.3.-3.10. Licenses.
13.4. In case of termination of the License, the User is deprived of the right to use the Software and Components.
14.1. In all other respects that are not provided for by the License, the norms of civil and civil procedural law of the Russian Federation, in effect on the date of entry into force of the License in accordance with clause 13.1 of this License, will apply.