LICENSE AGREEMENT WITH THE USER AND THIRD PARTIES. (Machine translate)
Before using the Solution (see the definition below), carefully read the terms of this EULA - "Agreement "). This text is a legally binding contract. By expressing consent in electronic form, by opening a web page or any interface (hereinafter "opening") or using the Solution and all information received from it, you accept all the terms of this Agreement on your behalf and on behalf of any individual or collective user that you are authorized to represent or for
Third parties for whom you open or use the Solution (collectively - " You "). If you do not agree to the terms of this Agreement, do not continue the process of using and applying information received from the Solution, do not use it and delete or destroy all of its links and bookmarks that you have or are using.
This Agreement relates to the use of certain services by you, including Updates (each - " Solution "), in connection with which you accept this Agreement, and all related Documentation and texts or any other information received from the Solution or subsequent. The terms used in the text of this Agreement have the following meaning. "Supplier " Is an organization, as your Solution Provider. " Documentation " - these are any user manuals and instructions supplied with the Solution. " Applicable terms " Is the aggregate of the types of subscription, the types of user registration or administration of the Solution, the Permitted number of users and other conditions, the provisions and documents you have accepted when opening or using the Solution (including the conditions for the payment of service fees and obtaining agency fees, called the Award), and other restrictions described in the section 2 and in the Documentation.
This Agreement supersedes all other agreements that you have entered into with respect to the preceding versions of the Solution.
The Supplier has the right to amend the present Agreement at any time by publishing it in the Solution in accordance with this Agreement. Continuation of the use of any Solution to which its effect extends is confirmation of acceptance of the amended terms of this Agreement. The supplier may require that you accept the updated Agreement for the continued use of any previously used Solution affected by the Agreement. If you refuse to accept the updated Agreement, the Supplier has the right to terminate your use of such affected Solution. In this case, you have the right to refund the paid-up cost of that portion of the Subscription Period that has not expired or was not used, in the event that such a subscription has been issued.
The Supplier grants to you a non-exclusive license to use the Solution and Documentation or any information contained in the Solution or received therefrom within a specified period of time specified in the Applicable Terms, including any renewals and renewals of the specified period (" Subscription Term "), subject to your acceptance of the terms of this Agreement.
2. PERMISSION OF USE OF THE SOLUTION
2.1. When using the Solution on several mobile phones, smartphones, tablets, mobile network devices and other mobile devices (hereinafter any of them - " Mobile Device "), personal computers, devices connected to the Internet or other devices compatible with the Solution (hereinafter, any of them, including Mobile devices, - "Device "), or to support several Devices, the number of which (hereinafter referred to as " Device ") - " Permitted number of Devices ") is determined by the Applicable Terms, the persons who have accepted the terms of this Agreement have the right to use the Solution.
2.1.1. In the case of Solutions designed by the Supplier for corporate, commercial or business use (hereinafter each of them - " Business Solution "): You or your affiliates (organizations that manage or operate you or are under common management with you), for the internal purposes of the company. In any such use of the Business Solution by your affiliated party, you are responsible for the performance of this Agreement.Infringement of the Agreement by your affiliated person will be considered as infringement by you. Any obligations of the Supplier, imposed on it by this Agreement, apply exclusively to you and do not affect your affiliates using the Business Solution in accordance with the terms of this Agreement.
2.1.2. In the case of all other Solutions (hereinafter each of them - " Solution for the consumer "): You and members of your household, for personal, non-commercial purposes.
2.2. You can use the Solutions at your discretion without the right to access software or system files, without permission to copy and replicate them, as well as attach and implement spyware and viruses.
2.3. If the Solution is intended for network use, you can use the Solution on one or more file servers or on one or more virtual machines for use within the same local network for only one (but not more than one) of the following purposes.
2.3.1. To receive and transmit information from registered and unregistered users of the Solution.
2.3.2. For storing and processing information, including personal information, on the basis of the Solution.
2.3.3. Use of the Solution is strictly within the framework of the current legislation and in accordance with the rules of ethics and morality.
2.4. THE USE OF YOUR SOLUTION NOT ALLOWED IN AN EXPRESS FORM BY SECTION 2 THESE AGREEMENTS ARE SIGNIFICANT VIOLATION OF THIS AGREEMENT AND APPLICABLE COPYRIGHT LAWS.
From time to time, the Supplier may, without obtaining your separate permission or consent, deploy new versions and updates of any Solution or replace it (the " Update "). As a consequence, you may be limited in the use of the appropriate Solution or Device (or certain Device functions) until the complete installation or activation of the Update is completed. Each Update will be considered part of the Solution in all matters relating to this Agreement.The update can be presented in the form of any add-on, the removal of any particular function or capability of the Solution or its complete replacement. In this case, the content, as well as the functions and capabilities of the updated Solution is determined solely by the Supplier. The Vendor or Your Device is not required to provide you with the ability to reject or delay the installation of the Update. But in any case, to maximize the effectiveness of using the Solution, you may need to download all available Updates and allow their installation or activation. The provider may stop providing support for the Solution until you accept, install or activate all Updates. The need and frequency of the Updates is determined by the Supplier in its sole discretion, and the provision of Updates to you is not the obligation of the Supplier. The Supplier may, at its sole discretion, terminate the provision of Updates for any version of the Solution, except for the most recent version, or Updates that support the use of the Solution with any version of the operating systems, e-mail programs, browsers and other software for which the Solution is intended.
4.1. The Solution and Documentation are the intellectual property of the Supplier and are protected by applicable copyright, international treaty provisions and other applicable laws of the country in which the Solution is used.Structure, organization and program code Solutions are trade secrets and confidential information owned by the Supplier. You grant the Supplier the right and your permission to retain and in any way use any of your comments and suggestions regarding the Solution and the Supplier to you, without the payment of any compensation and confirmation of your permission for such storage or use, in the development of your existing or future products or services.
4.2. The use of any data obtained from the Solution and its use do not confer any rights on you, including copyrights to the Solution and Documentation, except as provided in this Agreement. All rights to the Resolution, including any associated copyrights, patents, trade secrets, trademarks and other intellectual property rights, are reserved to the Supplier.
5.1. You may not copy or use the Solution or Documentation. You may not perform the following actions or permit third parties to perform them: ( i ) use any authorization codes, license numbers, user name and password combinations, or other codes or activation numbers provided for more devices than specified by the Applicable Terms. The Supplier together with any Solution (" Activation Code "); ( ii ) disclose the Activation Code to anyone other than the Supplier or his authorized representatives; ( iii ) except as permitted by law, ( A ) disassemble, reconstruct, decompile, translate, rebuild, modify, or retrieve the contents of any or all of the Solution (including all associated signatures and malware detection procedures) or ( B ) Transform, modify, or otherwise modify any Solution (including all associated signatures and procedures for detecting malicious software); ( iv ) publish, resell, distribute, distribute, transfer, provide, or pledge any Solution, and charge for its use, grant access to or sublicense to it, without obtaining the appropriate permission under a distribution agreement, an agreement with a reseller or other agreement between you and the Supplier or a member of the Supplier Group; ( v ) use any Third Party Device Management Solution, provide third parties access to the Solution, use any Solution in the service bureau, in the time-sharing mode, for subscription services, in the application service, or otherwise, except as provided in this Agreement (including sections 13.2, 13.5 and 13.7), Applicable terms or other agreement between you and the Supplier or the member of the Supplier Group; ( vi ) use any Solution to provide or create a product or service competing with the Solution; ( vii ) use any Solution in violation of the published policy of the authorized use of the Supplier; ( viii ) use or attempt to use any Solution to upload, store or transmit any data, information or material that infringes intellectual property rights or other rights of third parties or contains any prohibited by law, dangerous, threatening, offensive or defamatory material of any kind, or use it in any way that could harm the Solution, impede its operation or reduce its effectiveness; ( ix ) obtain or attempt to gain unauthorized access to any Solution or networks, software or services associated with or interacting with it, or to materials stored or provided through the Solution, in any manner, including hacking, simulating a connection and search for a way to bypass or overcome the protection of firewalls or other means and measures of protection of any kind; ( x ) test or evaluate performance, disclose and publish the results of testing or evaluating the performance of any Solution without the prior written consent of the Supplier; ( xi ) overcome or bypass the control of the use of copies of any Solution, and attempt to overcome or circumvent this control, permit such actions to a third party or assist in their implementation.
5.2. Certain Solutions may grant you or another user administrator privileges that, among other things, allow the administrator to monitor other Connection Devices and their status in the Solution and / or the status of Solutions running on other Devices, including, for example, the Subscription Status, related to the Solutions, and Updates.You responsibly declare that you will use such administrator rights only in relation to those Devices and Solutions for which you have all the necessary powers, and only for the above purposes. In addition, you give the Supplier a responsible guarantee that: ( i ) you have all the necessary authority to accept this Agreement, and also to install and / or use the Solution on Devices on behalf of all owners and users of administered Devices; ( ii ) you accept this Agreement: ( A ) on behalf of all such owners and users of administered Devices; ( B ) on its own behalf.
5.3. Some Solutions allow you to publish materials created by you or obtained from other sources (more - " User Materials "), or share them with others. You retain all intellectual property rights owned by you in accordance with applicable law with respect to the User Materials you publish or share through the Solution, subject to the rights, licenses and other terms of this Agreement, including any pre-emption rights other persons in relation to any User Materials you use or modify. You grant to all members of the Supplier Group a non-exclusive, unlimited, unconditional, worldwide applicable non-revocable, perpetual and free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense (at different levels) , modification, adaptation, presentation, public execution, transfer, publication, translation, translation, derivation, or any other use of the User Materials (as well as their zvodnyh) in whole or in part solely for the purpose of providing you with a solution in accordance with this Agreement. Every time you publish or authorize a User's Material, you represent and warrant to each member of the Provider's Group that they have reached the age of majority specified in the host state or jurisdiction, are a parent or legal guardian or have obtained all necessary permits from parents or legal guardians any minor marked in the User Materials you publish or access to, or who participated in their creation, and that the data User materials comply with the following conditions: ( i ) You are the sole author and owner of the intellectual property and other rights to the User Materials or have the legal right to publish and provide access to them, and to assign each member of the Supplier Group the right to use them as stipulated in this Section 5.3, while the members of the Supplier Group are not required to obtain the permission of third parties or any other obligations and responsibilities; ( ii ) User materials are reliable; ( iii ) Materials of the user, within the limits of the use of the Provider as defined by this Agreement, permitted by the Group members, do not violate and will not infringe intellectual property or other rights of third parties; ( iv ) User's materials will not violate this Agreement and will not cause damage or injury to any person.
6. LIMITED WARRANTY AND DISCLAIMER OF LIABILITY
6.1. In view of the remaining provisions of this section 6 The Supplier warrants that the Solution will function or function in accordance with the information stated in the texts of the Resolution, the Documentation. Having familiarized yourself with the documentation of the Solution, you assume full and sole responsibility for the use of this Solution, for the use of information received through the Solution from other users of the Solution and the long-term consequences that may subsequently apply this information. If the Solution does not function properly in accordance with the Documentation, the full and exclusive liability of all members of the Supplier's Supplier and Supplier Group, as well as your sole and exclusive compensation under this guarantee, are limited (at the Supplier's option) by the following possibilities: ( i ) the right to re-register; ( ii ) denial of registration and account termination This guarantee applies only to the original Solution and does not cover: ( i ) any Updates; ( ii ) any defects caused by the combination, collaboration or use of Solution c: ( A ) software or hardware or other materials that were not provided by the Supplier; ( B ) Devices, software or other materials that do not meet the requirements of the Supplier, as specified in the Documentation.
6.2. PARTICIPANTS OF THE SUPPLIER'S GROUP AND PARTNERS OF THE SUPPLIER DOES NOT WARRANT THE WORKABILITY OR THE OBTAINING OF ANY RESULTS WHEN USING ANY Solution OR DOCUMENTATION, EXCEPT FOR THE PARTIES UNDERTAKEN IN SECTION 6.1 OF THIS AGREEMENT. EXCEPT AS PROVIDED IN SECTION 6.1 OF THIS AGREEMENT, THE Solution IS PROVIDED "AS IS", the members of suppliers and partners SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS IMPLIED INSTRUMENTS , GENERAL RIGHTS, JUDICIAL PRACTICE AND OTHER LEGAL THEORIES, IN PARTICULAR FROM IMPLIED WARRANTIES AND CONDITIONS WITHOUT VIOLATION THE RIGHTS OF THIRD PARTIES, INCLUDING THE RIGHTS OF OWNERSHIP, CONSERVATION OF COMMODITY QUALITY, ACCEPTANCE OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE OPERATION OF ANY SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS Solution IS PROPERLY work on any particular device or in any particular configuration of hardware and / or software or that a solution will provide complete protection INTEGRITY OF SELECTED DATA, INFORMATION OR MATERIALS CARRYING OUT OR TRANSFERRED THROUGH THE INTERNET.
6.3. DEPENDING ON ANY OTHER PROVISIONS OF THIS AGREEMENT, EACH SOLUTION PROVIDED TO YOU FOR FREE (INCLUDING ALL "FREE" SOLUTIONS, "TRIAL VERSIONS" AND "BETA-VERSIONS" OF SolutionS), IS PROVIDED "AS IS", WITHOUT LIABILITY OF THE SUPPLIER FOR DEFECTS, ON CONDITIONS AVAILABILITY AND WITHOUT ANY WARRANTIES, SUPPORT OR OTHER SERVICES FROM THE SUPPLIER.
6.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, suppliers as well as any company, manager or managed providers or being under common control (COLLECTIVELY - " Suppliers Group "), ITS AGENTS, LICENSORS , REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, SUPPLIERS WIRELESS SERVICES THROUGH networks or systems that provide solutions, AND ALL OTHER PARTNERS FROM ANY MEMBER PARTY SUPPLIER (collectively - " Partners Suppliers ") are exempt from liability TI TO YOU OR ANY THIRD PARTY FOR:
6.4.1. ANY INDIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR COMPENSATION DAMAGES, ACTUAL DAMAGES DEFINED BY SPECIAL CIRCUMSTANCES, OR ANY COSTS OF ANY KIND DUE TO THE REASON AND THE LIABILITY
6.4.2. ANY DAMAGE RELATED loss of business, income or profit, breach of confidentiality, loss of use of a device or Solutions (including this Solution) vain costs, costs for the replacement or substituted goods, services or digital products, business interruption, ANY UNAUTHORIZED DISCLOSURE OF ANY DATA OR ANY KIND OF ANY KIND (WHETHER THE FOLLOWING LOSS, DAMAGE, EXPENSES AND EXPENSES ARE DIRECT OR INDIRECT) OR ANY OF THEIR LOSS (INCLUDING TEA DAMAGE, IMPROVEMENT OF QUALITY OR INACCURACY)
6.4.3. ANY OTHER MATERIAL OR INTANGIBLE LOSS OR DAMAGE ARISING FROM THIS AGREEMENT OR ANY Solution WHICH IT MEANS
EVEN IF THE SUPPLIER'S GROUP OR THE SUPPLIER'S PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH EXPENSES OR LOSSES. REGARDLESS OF ANY PROVISIONS (INCLUDING THE PROVISIONS OF THIS AGREEMENT), points back, no party groups of suppliers or partners SUPPLIER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (DIRECT OR INDIRECT) in cases when the cause is UNAUTHORIZED ACCESS TO DATA, INFORMATION OR MATERIALS TRANSMITTED, RECEIVED OR CONSERVED BY THE Solution OR IN CONNECTION WITH THEM, AND ALSO FOR THEIR DAMAGE, DETERRENCE, UNACCEPTABILITY, DELETION, ABDUCTION, DESTRUCTION, MEASUREMENT OPENING, DISCLOSURE OR LOSS. HOW MUCH IT IS POSSIBLE WITHIN THE FRAMEWORK OF EXISTING LEGISLATION,IN NO EVENT SHALL THE GENERAL COMPETENCY RESPONSIBILITY OF THE SUPPLIER'S GROUP OR THE SUPPLIER'S PARTNER FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY AND CONCERNED WITH ANY SOLUTION, SUBSCRIPTION OR THIS AGREEMENT, DOES NOT EXCEED: ( I ) ONE US DOLLAR (US $ 1.00 ) AND ( II ) THE COST OF SUBSCRIPTION (FOR THE SERVICE OF THE SERVICE) PAID BY YOU FOR SINGLE TREATMENT.
6.5. SO THE Solution IS ONLY BY TELECOMMUNICATION FACILITIES AND NOT DISCLAIMER OF PARTICIPANTS OF THE SUPPLIER 'S GROUP AND THE SUPPLIER'S PARTNERS, AND ITS LIMITATION CONTAINED IN THIS AGREEMENT, LIMITS AND EXCLUDES THEIR POTENTIAL LIABILITY FOR:
6.5.1. DEATH, HARMFUL TO HEALTH OR FRAUDISTRY WITHIN THE FRAMEWORK OF APPLICABLE LEGISLATION
6.5.2. ANY CASES WHICH MAY NOT BE LIMITED TO OR EXCLUDED BY APPLICABLE LAW.
7. CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA
7.1. You acknowledge and agree that in order to perform its functions and to improve the performance of the Supplier's products and services, any Solution may automatically link to the Supplier's cloud services. The only way to withdraw your consent to such data exchange is the removal and / or deactivation of the Solution.
8.1. This Agreement immediately becomes invalid if you violate any of your obligations stipulated therein (including violation of the obligations specified in Sections 2, 5 and 9, which will result in the loss of all your rights to receive Updates or refund of the paid value of that part of the Subscription Period , which has not yet expired or has not been used). If you violate any obligation under this Agreement, which resulted in adverse consequences for the member of the Group of the Supplier or the Supplier's Partner, the Supplier reserves the right to any legal remedies provided by law. The disclaimer of liability of the members of the Supplier's Group and the Supplier's Partners, as well as its limitation, stipulated in this Agreement, shall survive the termination of the Agreement.
8.2. After notifying you, the Supplier may, for convenience, immediately and at any time terminate this Agreement with respect to any particular Solution or all Solutions. The full and exclusive responsibility of each member of the Provider Group and each Supplier Partner, as well as your sole and exclusive compensation in connection with such an action, is limited to refunding the paid-up cost of that part of the Subscription Period that has not yet expired or been used. From the date of the actual termination of the Agreement, you will no longer have the right to use the relevant Solution or Documentation.
9. LIMITED US GOVERNMENT RIGHTS
All Solutions are qualified as "commercial products" as defined in Section 2.101 of Section 48 of the Code of Federal Regulations of the United States and are "commercial computer software" and "documentation for commercial computer software" as defined in Section 12.212 of Section 48 of the said Code. In accordance with Article 12.212 and Articles 227.7202-1 to 227.7202-4 of section 48 of the said Code, all end users associated with the US government acquire such Solutions and related Documentation only with those rights set forth in this Agreement and are provided to users who are not connected with the government. The use of these Solutions and related Documentation implies the consent of the US government organization that computer software and computer software documentation are commercial and also implies the acceptance of the rights and restrictions set forth in this Agreement.
10. EXPORT CONTROL
You agree to comply with all applicable US laws and international laws governing the export and re-export of Solutions, including the US Export Control Act, as well as restrictions placed on end-users, end use and destination by the United States Government and other governments. Without repealing the universality of the above, you responsibly declare that: ( i ) you are not on any sanctions list, the list of unverified countries and companies, the list of organizations, the list of persons of special categories and prohibited persons, the list of persons with limited rights or any other list , compiled by the US government, and ( ii) ) will not use, export or re-export any Solution to the territory, destination, company or individual in violation of the embargo or trade sanctions imposed by the United States and the European Union. You will be required to guarantee and assume reparation for the damage suffered by each member of the Supplier Group as a result of any claims, claims, lawsuits and proceedings, and to compensate for all damages, cover all liability and all expenses incurred as a result of your failure to comply with this section .
11. AGREEMENT ON OBLIGATORY ARBITRATION AND DISCLAIMER OF GROUP CLAIMS
11.1. This section 11 concerns any Disputes related to any Solution, subscription to the Resolution or this Agreement, with the participation of you and the Supplier. " Dispute " under this section 11 means any dispute, claim or other disagreement, regardless of the specific circumstances referred to as the basis for making claims (that is , it includes, in addition to any other possible grounds for claims or legal justification, claims for breach of contract, misrepresentation, fraud, damages, tort (including negligence) or violation of law).
11.2. In the event of a Dispute, you must provide the Supplier with a notice of Dispute, which is a written statement indicating your name, address and contact details, the facts that caused the Dispute, and the legal remedy you request. Any notification of Dispute should be addressed to the Supplier at the e-mail address firstname.lastname@example.org (specifying the topic of the message "Section 11. Notification of Dispute in accordance with the End User License Agreement").
11.3. ANY PROCEDURAL ACTIONS FOR A PERMISSION OF ANY SPORTS IN ANY COURT, WILL BE EXERCISED IN AN INDIVIDUAL ORDER. YOU WILL NOT GO TO THE SPOUSE TO DISCUSS RELEASED AS A GROUP CLAIM, A PRIVATE PERSON IN THE SOCIETY'S INTERESTS OR ANY OF THE PARTIES ACTED OR OFFERED TO ACT AS A REPRESENTATIVE. ARBITRATION OR JUDICIAL PROCEEDINGS WILL NOT BE COMBINED WITH ANOTHER ARBITRATION OR JUDICIAL PROCEEDINGS WITHOUT PRELIMINARY WRITTEN CONSENT OF ALL PARTIES WITH RESPECT TO ALL AFFECTED ARBITRATIONS OR JUDICIAL DEBT.
11.4. If you and the supplier can not resolve any dispute by informal negotiation, any further attempts to resolve it are carried out exclusively by a legally binding arbitration in accordance with the Federal Law of the United States Arbitration (hereinafter - " FZA "), Section 9 of the US Code, Section 1 and the following. Except as provided in Section 11.5 below, you waive the right to litigation (or to participate in a lawsuit as a party to an individual or class action) on any Dispute in a court or jury. Instead, all Disputes will be resolved in the presence of a neutral arbitrator whose Solution will be final, with the exception of the limited right of judicial review within the framework of the PHA. The arbitrator's Solution shall be enforceable in any court in whose jurisdiction the parties are located.
11.5. The requirements for arbitration set out in this section 11 provide for the following exceptions.
11.5.1. You can resolve any Dispute in the court for cases with a small amount of the claim in the administrative-territorial unit in which you live if the Dispute meets all the requirements for consideration in the court on cases with a small amount of the claim. If you file an action in a court for cases with a small amount of the claim, you are entitled to all legal costs and expenses.
11.5.2. Any Disputes related to the alleged misappropriation of intellectual property owned by you or the Supplier will be dealt with in court.
11.5.3. If you are a consumer and live in the EU, Norway, Iceland or Liechtenstein, you may have the right to settle your Dispute through the online platform for online dispute resolution, which was established by the European Commission (the " Platform of SCR "). The HSB platform is designed to facilitate the out-of-court settlement of disputes between consumers in the territory of the European Union, Norway, Iceland or Liechtenstein related to the purchase of goods and services on the Internet. The OUS platform can be found at: http://ec.europa.eu/consumers/odr/.
11.6. Any arbitration will be conducted by the American Arbitration Association (hereinafter referred to as " AAA ") in accordance with the "Rules of Consumer Arbitration" of the AAA, which entered into force on September 1 , 2014 , including the "Arbitration Cost (including Administrative Expenses)" Act by virtue of September 1 , 2014 (hereinafter collectively referred to as the " Consumer Procedures "), and will comply with the following provisions.
11.6.1. The consumer's procedures provide for certain expenses, one part of which is directly attributed to the consumer's account (yours), and the other is left to the company (the Supplier). If the amount of your claim does not exceed 75,000 US dollars, the Supplier pays all specified costs and expenses, including those that are charged to the customer's account. The Supplier does not agree to pay any other costs. If your claim amount exceeds 75 000 US dollars, payment is subject to the procedures of the consumer.
11.6.2. Except for the following cases, if any Dispute occurs between the parties, the AAA Consumer Procedures shall apply. However, in accordance with the Consumer Arbitration Rule R- 1 ( e ), a party may raise the issue of the proper application of the Rules of Consumer Arbitration for the final Solution of the arbitrator. This Agreement prevails in proportion to its inconsistency with the Consumer Procedures. You agree to initiate arbitration only in the administrative-territorial unit in which you reside. The arbitration process is conducted in the mode of conference communication. However, if the process is conducted in accordance with the AAA Consumer Procedures, the arbitrators have a discretionary power to demand a face-to-face bet for the hearing of the case on the party's demand.
11.6.3. You and the Supplier agree that the involvement of the AAA to conduct arbitration is not an integral part of the agreement of the parties to consider Disputes arbitrarily. If the AAA refuses or can not arbitrate, you and the Supplier undertake to negotiate in good faith to reach agreement on a single arbitrator who will resolve the Dispute in the manner established by the Consumer Procedures. If the parties can not agree on an arbitrator, a court of competent jurisdiction may appoint an arbitrator who will adhere to the AAA Consumer Procedures.
11.6.4. If one or more parts of this Section 11 are found to be illegal, void or unenforceable with respect to all or certain parts of the Dispute, then, and only in this case, such parts are to be separated and the Dispute is resolved in accordance with all the remaining parts of this Section 11 and all other provisions of this Agreement. If such a department (in whole or in part) becomes the cause of the Disputable Court, the only possible jurisdiction for it is the District Courts of New York (New York, USA). With respect to any such proceeding, you acknowledge the jurisdiction of the courts of New York (New York, USA), and you will not challenge it. You will not file a claim for an improper or inconvenient venue for the Dispute and will not require the transfer of consideration to another district or other jurisdiction.
11.7. Regardless of the above in this section 11, if you purchase a Solution for purposes other than personal or family use, the arbitration procedure, including the costs, will be carried out in accordance with the Commercial Arbitration Rules of the AAA ( Commercial Procedures ). Commercial procedures are properly applied in any dispute between the parties, and you will not argue otherwise in any other proceedings. Nevertheless, this Agreement prevails in proportion to its inconsistency with the Commercial Procedures.
12. GENERAL PROVISIONS
12.1. Notification . The supplier can at any time send you an email notification, using a pop-up window, a dialog box or other means, even if in some cases you may not receive a notification until you run the Solution. Any such notice will be deemed delivered from the date the Supplier made it available through the Solution, regardless of when you actually received it.
12.2. Issues related to this Agreement . If you have any questions concerning this Agreement, or the need to request from the Supplier any additional information, please send us SIAM Phone + 38-097-614-48-59 .
12.3. Separate agreements . If you use the Solution or on 2 or more accounts or purchased subscriptions to one Solution through several operations, you could accept this License Agreement with the user several times. The conditions you have accepted may be similar or identical, but each time, by accepting the terms of this License Agreement with the user, you entered into a separate agreement between you and the Supplier providing the corresponding Solution.
12.4. Comprehensive agreement . This Agreement constitutes an exhaustive agreement between you and the Supplier concerning your use of the Solutions and Documentation. This Agreement supersedes any prior and current communications, proposals, approvals, warranties and statements relating to the installation and / or use of your Solutions and Documentations, whether written or oral. Notwithstanding the foregoing, this Agreement can not restrict your rights guaranteed by existing consumer protection laws in your jurisdiction or other applicable regulatory enactments, the effect of which can not be revoked by the contract. This Agreement, Applicable Terms and Documentation will be as much as possible compatible with each other. If there is a contradiction between them, the priority of their action is determined as follows: ( i ) Applicable conditions; ( ii ) this Agreement; ( iii ) Documentation.
12.5. Interpretation . The headings in this Agreement do not affect its interpretation. The use of any of the genera implies all births. The only number implies also the plural, and vice versa. Where the definition of a word or phrase is given, all grammatical forms have a corresponding meaning. The words "including" or "including" include the continuation of "but not limited to this". When you use the word "use" for any software, Solution or Update, it is implied that the use includes the installation of the appropriate software, Solution or Update (if the context does not say otherwise). This Agreement was originally written in English. The Supplier may, for your convenience, offer translations of this Agreement,However, in any conflict or discrepancy, the English version of the Agreement remains a priority. If there is any ambiguity or doubt about intent or interpretation during any legal proceedings or in other circumstances, it is considered that the terms of this Agreement were jointly drawn up by both parties and there will be no presumption or burden of proof for either party in connection with the authorship of any provision present agreement.and there will be no presumption or burden of proof for one of the parties in connection with the authorship of any provision of this Agreement.and there will be no presumption or burden of proof for one of the parties in connection with the authorship of any provision of this Agreement.
12.6. Autonomy of the provisions of the Agreement . If any provision of this Agreement is found to be unlawful, void or unenforceable under applicable law, it shall no longer be considered part of this Agreement. The remainder of the Agreement remains in force and is subject to the maximum extent permitted by applicable law.
12.7. Impossibility of execution . The supplier is exempted from liability for any failure or loss of performance caused in whole or in part by failures in the provision of utilities (including electricity), Internet connection failures, telecommunications or IT services failure, telecommunications or IT equipment malfunctions, strikes and other similar actions (including, in particular, strikes and other similar actions related to members of the Supplier Group or Supplier's Partners), military actions and terror the DoS attacks and other IT-related attacks, affecting any member of the Supplier Group or any Supplier Partner, floods, sabotage, fires, other natural disasters or force majeure circumstances, as well as any other reasons for which a member of the Provider Group or the Supplier's Partner does not in the power to exert a significant influence.
12.8. Refusal to present claims . The fact that one of the parties does not insist on strict compliance with all the terms and conditions of this Agreement does not constitute a waiver or waiver of the rights to comply with the terms of this Agreement in the future, and the terms and conditions of this Agreement remain in full force and effect. No refusal to present a claim against any term or provision of this Agreement by one of the parties for any purpose shall be effective until such refusal to file a claim is drawn up by the respective party in writing and signed.A one-time waiver of claims for violation of any provision of this Agreement by one of the parties is not considered to be a continuous waiver of claims for other violations of the same or another provision of this Agreement.
12.9. Transfer of rights and obligations . You have no right to transfer your rights or obligations under this Agreement without the prior written consent of the Supplier. The Supplier may assign this Agreement at any time at its sole discretion without the need for your prior written consent.
12.10. Absence of third-party beneficiaries . All provisions of this Agreement relating to the receipt of rights, benefits or remedies of any kind in connection with this Agreement or within it, both expressly and implicitly, apply exclusively to you, the members of the Supplier's Group and the Supplier's Partners. The right to bring an action in connection with this Agreement is granted exclusively to you, the Supplier and the Supplier Group members. The supplier has the right (but not the obligation) to exercise any rights, remedies, limitations and exclusions of liability, as well as the protection in court of any member of the Provider's Group or the Supplier's Partner under this Agreement, including all rights and remedies in connection with any damages , damage or suits faced by any member of the Provider Group or the Supplier's Partner arising in connection with ( i ) your failure to comply with any provision of this Agreement, or ( ii ) your obligation to indemnify the damage in accordance with this Agreement. Such damages, damages or claims can not be considered in the context of exclusion of liability as indirect, consequential loss or damage or actual loss determined by special circumstances under Section 6.4.1, as the result of such damages, damages or claims is not affected by the Supplier but by the other party Supplier's or Supplier's Partner's groups.
12.11. Governing Law . The governing law in relation to this Agreement is the substantive law of the State of New York (USA). This Agreement is not subject to the UN Convention on International Contracts for the Sale of Goods, the inapplicability of this legal act is emphasized separately.
12.12. Connect to the Internet . For the work of some Solutions you may need an active and stable connection to the Internet. The responsibility for a constant active and stable connection to the Internet lies with you.
12.13. Names of products . From time to time, the Supplier may change the name of the Solution or replace the name or logo of the Solution with the name or logo of another member of the Provider's Group or the Supplier's Partner. Such changes do not affect your subscription to any Solution, Subscription Term or this Agreement, they do not give you the right to terminate your subscription to the Resolution, the Subscription Term or this Agreement.
13. SPECIAL CONDITIONS
The following specific conditions apply to certain Solutions. In the event of a conflict between these special conditions and other provisions of this Agreement, these special conditions will prevail (for applicable Solutions).
13.2.Usloviya this Section 13.2 shall apply to the extent that the applicable conditions allow you to use the servicesof Internet - Hospital (Hospital Internet) for the provision of telecommunications services, receiving and processing information and personal data to third parties.
13.2.1. Within this section 13.2, the following terminology is used.
( A ) « Service of Internet - Hospital », depending on the context of any other services obtained through of Internet - Hospital .
( b ) " Consumer " is a third party that receives or desires to receive SIH Services . Consumers can be individuals or legal entities that receive SIH Services from Internet Hospital customers .
"Customer" is the third party that provides SIH Services to consumers. Clients can be medical workers, medical institutions and other types of medical activities, acting in accordance with the current legislation of the country in whose territory they conduct their professional activities.
" Support service " means support services that the Supplier or its third-party provider provides to you in favor of one or more Customers and Consumers (in each case as described in the Documentation, which may from time to time be changed by the Supplier).
( d ) " SIH Services " are managed services that are provided to Customers and Consumers using Solutions.
( f ) " Agreement between the Customer and the Consumer" , which, among other things, stipulates the services provided by the Customer to the Consumer.
13.2.2. Subject to the provisions of this Agreement, the Supplier grants you a limited, non-exclusive, non-transferable license (without the right to sublicense) for the Subscription Term (or registration) for the use of the relevant Solutions for the provision of SIH Services to your (ie Customer) Consumers.
13.2.3. Subject to compliance with the terms of this Agreement, the Supplier will provide you to service your customers.
13.2.4. Subject to the terms of this Agreement, you assume the following obligations.
( a ) you (the client) agree to require that ( i ) each Consumer (including you, as far as applicable) when using the Solution accepts the terms of the current version of this Agreement or otherwise undertakes to perform it; ( ii ) each Client to whom you have agreed to provide Solutions, signed the Service Agreement or otherwise committed to perform it. Without limiting the foregoing, you may accept the terms of the License Agreement with the User of the Provider on behalf of the Customer only within the limits of the powers that the Client has granted to you under the terms of the Service Agreement or otherwise. The service agreement should ( i ) contain provisions that protect the interests of the Supplier Group in no lesser degree than this Agreement; ( ii ) clearly stipulate the right granted to you and the Group of the Supplier in the process of providing the services and operation of any Solution to reproduce, transmit, store and process the data and information of the Customers.
( b ) As part of your relationship with the Supplier, you assume full responsibility for ( i ) meeting your obligations under the Service Agreement; ( ii ) ensuring compliance by you and all Clients with all applicable laws concerning the control of employees and other third parties, as well as their respective Devices; ( iii ) fulfillment of the tasks and obligations undertaken by you and the Customers in accordance with this Agreement, the Applicable Terms and Documentation; ( iv ) the termination of the provision of any Solution, as well as the removal of all Solutions on all Devices on which they were used, or ensuring that they are removed or deactivated by the Customer upon the expiration or in the event of termination of the relevant Service Agreement.
13.2a Customer's responsibility for the information provided to the Consumer. The client, by virtue of his professional duties, undertakes to do everything in his power to provide the most useful information through the SIH Service to the Consumer. Responsibility for the unethical or harmful content of the information the customer takes completely.
13.2. b The Consumer is fully responsible for providing unethical and deceitful information, as well as personal information that can distort the meaning or lead to misinterpretation and consequently entailed state 13.2a.
13.2.c Top managers and regional directors facilitate the involvement of Clients and Consumers for conducting commercial activities within the framework of the Solution and all related projects and in no way can affect or divide responsibility between the Customer and the Consumer, as well as the provider of the Solution (Internet - Hospital and its derivatives).
13.3. Mobile applications . The operation of this Section 13.3 applies to all Solutions intended for use on Mobile Devices if such are manufactured and exhibited for use and installation.
13.3.1. For all solutions, downloaded from the store the Google the Play (http://play.google.com), the license granted by this Agreement supersedes any rights to use solution that can be granted in accordance with the default accepted conditions for applications downloaded from store the Google the Play .
13.6.2. The following conditions apply to all Solutions downloaded from the Apple App Store .
( b ) This Agreement is concluded only between the parties without the participation of Apple . The Solution and related materials are solely the responsibility of the Supplier, not of Apple .
( c ) Apple does not assume any obligation to provide any service or support for this Solution.
( d ) If the Solution does not comply with any warranty applicable to it, you may notify Apple . In this case,Apple will return to you the amount paid for the Solution. To the maximum extent permitted by law, Apple is exempt from any other warranty obligations related to the Solution. Any claims, losses, damages, costs, expenses or costs related to the violation of any warranty extending to the Solution are the sole responsibility of the Supplier.
( e ) The Provider, and not Apple , is responsible for handling any claims made by you or a third party relating to the Solution, your possession of the Solution and / or its use by you, including: ( i ) claims to the quality of the product; ( ii ) any claim that the Solution does not comply with the legal or regulatory requirements that apply to it; and ( iii ) claims based on consumer protection or similar legislation.
( f ) If any third party claims that the Solution, possession or use of it by you violates the intellectual property rights of that third party, the Supplier, and not Apple , is solely responsible for reviewing, protecting, settling and satisfying such a claim for violation of intellectual property rights.
( g ) When using the Solution, you are required to accept all applicable third party terms and conditions. For example, when using VOIP Solution, you do not have the right to violate your agreement on the provision of services for wireless data processing.
( h ) Apple and its subsidiaries are third-party beneficiaries of this Agreement. By accepting the terms and conditions of this Agreement, you grant Apple the right (it is assumed that it accepts it) for the performance of this Agreement in relation to you as an outside beneficiary.
13.3.3. The company Amazon has the right to set certain conditions for the use of consumer Solutions, downloaded from the store Amazon the Appstore (hereinafter - " Terms of the license agreement with default taken by the user "). Such terms and conditions of the license agreement with the user, accepted by default, apply to your use of the Solutions purchased through the Amazon Appstore store . The Terms and Conditions of the user license agreement, accepted by default, specify, inter alia, that the Vendor is the licensee of the Solution, and Amazon is not a party to this Agreement. In the event of a conflict between the Terms and Conditions of the EULA and this Agreement, the former will be predominant as far as such a discrepancy is concerned and will receive priority. Company Amazon assumes no liability in connection with the observance or non-observance by the Supplier or by you under a license agreement with the user, the default.
13.4. Version for technical specialists . This section 13.4 becomes effective if you purchase the Solution in the version for technical specialists. You may authorize the use of the Solution for the provision of third party device optimization and repair services to technical personnel in the quantity specified in the Applicable Terms. Each technician can simultaneously install the Solution on only one Third Party device at a time. He is obliged to remove the Solution from the Device before returning to the owner the control of the Device.