License agreement for use the software product "WizardProg Mobile"
1. GENERAL CLAUSES
1.1. This License Agreement (hereinafter - the "Agreement") governs the relationship between the developer of the mobile application "WizardProg Mobile" (hereinafter - the "Developer"), and capable person duly acceded to this Agreement (hereinafter - the "End User") for obtain the right to use the mobile application "WizardProg Mobile" (hereinafter - the "Application").
1.2. The Application is a software component of the information processing system consisting of software and hardware, where hardware component was based on the portable universal USB-programmer TL866. The Application allows you to control the operation of the programmer, which is intended to programming of wide range E(E)PROM chips and microcontroller's internal EEPROM, and to perform tests of SRAM chips and logic chips. The Application is designed for mobile devices running "Android" operating system, including tablet computers (hereinafter - mobile "devices").
1.3. This Agreement is an open and public document. The current edition of this Agreement is located in the Internet at: wizardprog.com/wp/ru/eula.htm.
1.4. The Application installation on the End User's mobile device signified an acceptance and confirmation of the End User's consent to the terms of this Agreement.
1.5. This Agreement may be amended and/or supplemented by Developer unilaterally. The continued use of the Application after the amendments and/or additions to the present Agreement, means the consent to such amendments and/or additions, and therefore the End User agrees to regularly monitor changes in the relevant section in the Application and in the Agreement posted on the website wizardprog.com/wp/ru/eula.htm.
1.6. Appeals, suggestions and complaints from the End User to the Developer related to the functioning of the Application may be sent to the email address:
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1.7. The End User assumes all risks, including material risks related to his activities on the use of Application.
1.8. The Application is available for use on an "as is". The Developer is not responsible for errors, crashes, safety of the End User's data and any other deficiencies and irregularities in the Application as well as for the consequences for the End User arising of the above occasions, including for actual damages, lost profits, losses, non-pecuniary damage, harm to honor, to dignity and business reputation.
1.9. In implementing the End User's authority under the Agreement, namely, using the Application, the End User is not required to provide personal data, except in the case when the End User's contact details (e-mail address, contact phone, address of instant messaging service et al., in the volume that specified by the End User voluntarily) are become known to Developer as a result of End User's requests which are adjustable in section 1.6 this Agreement.
1.10. By accepting this Agreement, the End User confirms the own legal capacity.
2. RIGHTS AND OBLIGATIONS OF THE END USER
2.1. The End User agrees to properly comply with the terms of this Agreement.
2.2. The End User receives the right to use Application for the sole purpose of personal use. At the same time the End User is allowed to use the Application solely in accordance with the terms of this Agreement.
2.3. The End User agrees do not to use the Application in violation of the rights and legitimate interests of Developer, other right holders and/or third parties as well as in violation of this Agreement.
2.4. The End User agrees to take appropriate action to ensure the safety of its mobile device, and is personally responsible for intentional or unintentional granting access to his mobile device to third parties.
2.5. The End User undertakes do not to mislead other End Users and third parties when using the Application.
2.6. The End User is prohibited to make the Application decompilation, on their own or with the assistance of third parties, as well as to apply the processes of reverse engineering to the Application.
2.7. The End User may not:
2.7.1. Perform any unauthorized actions with the Application, including making a hack of the Application components that available by payment, if the Developer has added these components into the Application;
2.7.2. Create software or information products and/or services using the Application components, as well as any parts of the Application that there are: database or digital, textual, and other stored materials which are extracted (are recovered) from these parts, as well as another materials that are parts of the Application components;
2.7.3. Extract from the database that had been embedded in the Application, any digital, textual and other materials that was stored there, and use them later in any form and by any means;
2.7.4. Reproduce, distribute, and otherwise use the Application for commercial purposes, except the use for the End User's commercial benefit, that is a direct result of the Application usage in accordance with its functional purpose;
2.7.5. Copy, reproduce, convert, to distribute and to place at the public domain (publication) on the Internet, use in the mass media and/or for commercial purposes the Application materials, both extracted directly from the database or the components of the Application, and obtained by analysis (reverse engineering) of the Application products, as well as derivative products of such analysis (reverse engineering), with additions, reductions and other adaptations, except as directly responsible use of the Application in accordance with its functional purpose.
2.8. End User grants Developer its consent to perform the processing of its personal (contact) data in the volume that regulated by section 1.9. of this Agreement, in order to implement the End User's feedback on counseling or troubleshooting, as well as to improve the quality of End User services.
3. RIGHTS AND OBLIGATIONS OF DEVELOPER
3.1. The Developer has the right to make any changes, modify the Application to extend its functionality or to discontinue development of the Application without prior notice of the End User.
3.2. The Developer has the right to transfer its rights and obligations under this Agreement to third parties for the execution of this Agreement without the particular consent of the End User.
3.3. The Developer may provide End Users free and paid services. The Developer informs End Users about conditions for the provision of paid services by placing in the Application or on the website wizardprog.com the relevant information about the service (service name, its price, the form and method of payment).
3.4. The Developer has the right to notify the user in any way about the operation of Application by placing relevant information in the Application, including direct advertising, information and other messages to the email address or phone number, in the case where the End User has voluntarily handed over these contact details to Developer for cooperation on matters of services, advice and so on.
3.5. The Developer has the right to processing of personal (contact) data of the End User, if it is consistent with section 2.8 of this Agreement. In addition to using for the feedback of the End User, these data can be used to improve services to End User and collect data on market statistics.
3.6. In case when the End User makes any violation of the terms of this Agreement, the Developer has the right to unilaterally close the End User's access to the Application updating resources and refuse in providing of technical support to the End User, preliminary notifying the End User about these restrictive measures.
3.7. Developer reserves all rights, that not expressly granted by this Agreement.
4. EXCLUSIVE RIGHT
4.1. The exclusive right on the Application as a whole and any of included in it: database, reference information and other texts, images and other objects of copyright and/or related rights, as well as objects of patent rights, trademarks, commercial designations and brand names, as well as other components of the Application (regardless of whether they are part of it, or are optional, and if they can be extracted from Application or be used in isolation) are protected by the relevant instruments of international law, and are owned by the Developer.
4.2. Violation of the Application integrity, infringement of the Application protection systems, as well as other actions that violate the exclusive right of the Developer to the Application are not allowed, and involve civil, administrative or criminal responsibility in accordance with international law, including the obligation to enforce the judgment by Developer requirement for cases of: the acknowledgment of the right, the suppression of acts infringing the right or threatening to infringe, the publication of the court decision on the violation, indicating the actual Developer, for damages or compensation.
4.3. The exclusive rights to any results of the processing (modification) of the Application, if they occur, are owned by the Developer.
5. GUARANTEES AND RESPONSIBILITY OF THE PARTIES
5.1. For the execution of this Agreement the third parties can be involved. The End User confirms that the said third parties shall be accorded the same rights as have the holders of rights to use the Application.
5.2. The End User guarantees that he would not take any action aimed exclusively at causing damage for the Developer, for the operators of cellular communication, for any right holders or other persons.
5.3. The End User is responsible for the use of the Application in any manner that isn't permitted directly by this Agreement.
5.4. The End User is solely responsible for the unauthorized access of the third parties to the Application installed on the End User's mobile device.
5.5. In case of loss, removal, damage of the information that created by the End User during use of the Application, and when this loss was caused by the action/omission of the End User, the entire responsibility rests with the End User.
5.6. In the case when the third party have a claim to the Developer after the unlawful actions of the End User when using the Application, the End User must independently settle the disputes and he is solely responsible to the said third party.
5.7. Developer Disclaimer
5.7.1. The Developer makes no guarantee, express or implied, that the Application will meet the End User's requirements or his expectations, and will meet the goals and objectives of the End User.
5.7.2. The Developer is not responsible for any direct damages or lost profits that may arise as a result of the use of or inability to use of the Application by End User.
5.7.3. The Developer is not responsible for the impossibility to make full use of the Application, when this impossibility is associated directly or indirectly, with acts or omissions of third parties and/or inoperability of information channels (Internet) outside the Developer's own resources. End User agrees that the installation and maintenance of Application implies the use of software (web browsers, operating systems, etc.) and equipment (user devices, network equipment, etc.) that produced and provided by third parties, and the Developer can not be held responsible for the quality of their work.
5.7.4. The Developer is not responsible for damage caused to external equipment that is directly related to the operation of the Application and owned by the End User. The programmer or other external devices that plugged in to the mobile device at the time when the End User uses the Application for its intended purpose, can not be replaced or warranty serviced by Developer in the event of their damage.
5.7.5. The Developer is not responsible for the damage caused to the End User mobile device when the external equipment that plugged in by End User to the mobile device is defective or is not compatible with the Application specifications.
5.8. In case of violation of the Developer rights, End User may be subject to administrative, civil or criminal liability.
6. LINKS TO THIRD PARTY SITES
6.1. The Application may contain links or provide access to other sites on the Internet (third party sites) and to the content placed on these sites, which is the result of intellectual activity of third parties and protected in accordance with international law. These websites and content that placed there is not checked by the Developer to meet the requirements of international law.
6.2. The Developer is not responsible for any information or content posted on third-party sites to which the End User gains access by means of Applications, including any opinions or statements expressed on third party sites.
6.3. End User acknowledges that from the time of the End User transition on the link contained in the Application to the website of a third party, and until the moment of return to work directly with the Application, the relationship of Developer and End User within the framework of this Agreement shall be terminated, and the Developer is not responsible for the accuracy of the information placed on third party sites, the use of this information by the End User, the legality of such use and quality of content hosted on third party sites.
7. FINAL CLAUSES
7.1. In the event of any dispute or disagreement relating to the execution of this Agreement, End User and Developer will make every effort to resolve them through negotiations between them. If the disputes are not resolved by negotiations, the disputes shall be settled in the appropriate court of competent jurisdiction at the location of the Developer.
7.2. None of the Agreement Parties shall not be responsible for any failure to perform its obligations under this Agreement if the proper execution was impossible due to force majeure.
7.3. This Agreement shall enter into force for the End User since the Application installation on his mobile device, and is valid indefinitely.
7.4. Each Party shall have the right to unilaterally terminate this Agreement by notifying the other Party by e-mail. The moment of termination of this Agreement shall be the date specified in the notice of termination of the Agreement, and in the absence of such an indication - the date of sending the electronic notice from the notifying Party.
7.5. Original Agreement is made in Russian (see section 1.3).
7.5.1. The translation of the original Agreement in Russian into other languages is provided for convenience only. End User agrees that all relationships between End User and Developer will be governed by the original Agreement in Russian.
7.5.2. If there is a discrepancy between the original Agreement in Russian and its translation, the Russian original shall prevail.
7.6. If any clause of this Agreement is held invalid, this does not affect the validity or enforceability of the remaining clauses of this Agreement.
