End User License Agreement
1. General Provisions
1.1. This End User License Agreement (hereafter the Sublicense, the License Agreement) is an affiliation agreement governing the legal relations between an Entrepreneur Plakhotnik Vladimir Nikolaevich, who has the right to give permission (sublicense) to third parties for the use of the intellectual property rights for the Product and each of its elements (hereafter the Right Holder) and the end user (hereafter the User) regarding operating procedures of the computer program (software) of the Right Holder (hereafter the Product).
1.2. The User shall neither have the right to offer his conditions hereof, nor the right to make any addenda or amendments hereto.
1.3. If the User does not agree with the conditions hereof as a whole or any of its part, the User shall not have the right to use the Product, to install it on his devices, and shall be obliged to uninstall the Product and its backup from all their devices in case of the installation. At the same time, the User shall not have the right to require compensation of the Product cost or any other compensation, damage reparation, etc. from the Right Holder.
1.4. By purchasing the right of use of the Product, the User accepts this Agreement and takes liability to comply with all of its terms without any disclosures and limits.
1.5. The User shall confirm that he possesses the necessary legal status and capacity to enter into this License Agreement.
1.6. The Right Holder shall guarantee that he possesses the necessary legal status and capacity to enter into this License Agreement and has the right to give permission (Sublicense) to use the intellectual property rights for the Product and all its elements to third parties.
1.7. Terms used herein shall have the meaning as follows:
1.7.1. Product means the Waterfall Chart Studio computer program (software) and other computer programs offered at fincontrollex.com website, the Right Holder of which is an Entrepreneur Plakhotnik Vladimir Nikolaevich, as well as all elements of these computer programs and their derivatives.
1.7.2. Website means the Right Holder's website at www.fincontrollex.com and any of its subdomains.
1.7.3. Online Distributor means a company offering sale services of the Right Holder's Products to the User (for example, Digital River, Softline, etc.).
1.7.4. Device means computer, mobile phone, tablet or any other device where the Product can be installed.
1.7.5. Right Holder means entrepreneur Plakhotnik Vladimir Nikolaevich, who releases software under Fincontrollex® trademark and is the author of the Product, holds his proprietary and non-proprietary rights for the Product and Fincontrollex® trademark, and has the exclusive right to give permission (sublicense) to use intellectual property rights for the Product and all its elements to third parties.
2. Scope of the Agreement
2.1. According to this License Agreement, the Right Holder shall grant non-exclusive right to use the Product to the User, and the User shall pay for this right according to the terms below.
2.2. The Product is ultimate and cannot be divided or used in parts.
2.3. The copyright protects not only the Product, its parts and derivatives, but also the Product's design, style, graphical images, method of data submission and other data and information specific to this Product.
3. Right Holder's and User's Rights and Obligations
3.1. Based on this Agreement, the User shall have the right to use the Product without the right to transfer its use to third parties and/or simultaneous use by third parties.
3.2. The User is prohibited to:
3.2.1. Transfer the Product and/or the right of its use to third parties by any means (for example, sell, rent, lease, pawn, alienate or dispose it in any other way that will lead to possibility of the Product use transfer to a third party).
3.2.2. Transfer the license key, a backup copy of the Product, the access right to the Product to third parties.
3.2.3. Create copies of the Product, excluding one backup copy, which cannot be used as a separate Product, and can only be used for recovery, reinstalling/recovery of the system, and in case of other failures, which caused the Product to stop functioning.
3.2.4. Distribute the Product in any manner, publish, place it on the Internet, add it to databases, data books, etc.
3.2.5. Change, translate, adapt, design, rework, disassemble, hack, decipher and perform other actions with the Product's code, including actions aimed at obtaining information about implementation of algorithms or producing derivatives of the Product.
3.2.6. Perform any action violating the proprietary and non-proprietary copyrights on the Product.
3.2.7. Use the Product for commercial purposes/commercial distribution.
3.3. The User shall be entitled to use the Product from the moment of the Product activation by applying the License Key provided by the Right Holder, until termination of this License Agreement under the procedure set out in Section 7 hereof.
3.4. The License Key is provided to the User by the Right Holder after the payment for the Product under the procedure determined herein.
3.5. The License Key allows installation of the Product on the User's devices three times, whereafter the key becomes invalid.
3.6. The Product shall be installed solely by means of www.install.fincontrollex.com server. Therefore, the User shall be required to have Internet connection in order to install, as well as to fix/upgrade the Product. Prior to the Product installation, the User shall read the Installation Manual on the website.
3.7. The User shall confirm that he has thoroughly read the specifications necessary for normal operation of the Product on the website, and has ensured that all of his devices comply with these requirements.
3.8. The Right Holder shall have the right to state publicly that the User has purchased and is using the Product, including placement of the User's logo on his website and link to the User’s website.
3.9. The Right Holder shall, during the validity term hereof, provide the User with technical support of full Product version. Technical support shall be provided in Russian or English. To receive a technical support, the User shall send a corresponding request in Russian or English to the email address of email@example.com, stating the following data in the letter text:
- User's name;
- User's email address;
- User's phone number;
- company name and address (when the Product was purchased by a company the Product);
- date of the Product purchase and the order number;
- detailed description of User's issues/complexities in the Product use requiring technical support.
3.10. The Right Holder shall address the User's request, which shall comply with the requirements of para. 3.9. hereof, no longer than 24 hours from its receipt.
3.11. Prior to contacting the Technical Support Service, the User shall add firstname.lastname@example.org email address to his contact list and take other measures to ensure that the Right Holder's reply does not go to a Spam folder on his device.
3.12. Technical support shall not be provided in the following cases:
3.12.1. The User has transferred the right of use of the Product to a third party or violated p. 3.2 hereof in any other way.
3.12.2. The validity term hereof has expired.
3.12.3. The complexities/issues described by the User are related to failure of the device to comply with the requirements necessary for the Product's functioning.
3.12.4. The complexities/issues described by the User arose due to any actions of the User violating this License Agreement.
3.13. The Right Holder shall not bear any responsibility for failure to provide a technical support or untimely provision of a technical support caused by violation of para. 3.9, 3.11 or other terms hereof by the User, including the Right Holder's failure to receive the User's messages due to reasons not depending on the Right Holder (for example, lack of Internet connection, the Right Holder's letters being sent to Spam, etc.)
3.14. The User shall not have the right to yield the right of demand hereunder to third parties without the Right Holder's written consent.
3.15. Restrictions related to the Product transfer to third parties defined by paragraphs 3.2.1, 3.2.2, 3.14 hereof shall not apply to consolidated companies (corporations, consortia, concerns), which are entitled to transfer the right of the Product use within the consolidation for non-commercial purposes, notifying the Right Holder in advance by sending a message to his email@example.com email address. In these circumstances, other restrictions, including the number of Product installations to devices using one license key, shall remain in effect.
4. Trial Version of the Product
4.1. The User shall have the right to use a Trial Version of the Product free of charge in order to evaluate its functional capabilities.
4.2. The Trial Version of the Product shall be provided to the User after registration only. The User's registration consists in providing the User’s email address to the Right Holder. License Key for activation of the Trial Version of the Product shall be provided to the User via his email address (stated during the registration) within 24 hours after the request was received. The User can register at the website or contact the technical support service.
4.3. The Right Holder shall have the right to refuse to register the User. In case of refusal, the Right Holder shall notify the User via an email address stated by the User during registration (if it is technically possible). The Right Holder shall have the right to refuse to register the User for the following reasons:
4.3.1. The User has entered an invalid email address or an email address that belongs to a service of a temporary email.
4.3.2. If the email address stated by the User during registration is identified by the Right Holder as a spam address.
4.3.3. The User has violated the requirements of this License Agreement before.
4.4. The Trial Version of the Product is provided for the period not exceeding 30 calendar days from its activation, and with functional limitations listed in the corresponding section of the website.
4.5. All conditions hereof shall apply to the Procedure of use of Trial Version of the Product, excluding peculiarities stated in this section.
4.6. After expiration of the usage period of the Product Trial Version defined in para. 4.4 hereof, all functions of the Product will stop working.
4.7. After expiration of the usage period of the Product Trial Version defined in para. 4.4. hereof, the User shall lose the right to use the Product and shall delete the trial version of the Product and its backup copy from all devices within 24 hours after the expiration of the use period.
5. Product Price and Payment Procedure
5.1. The Right Holder sells his Products exclusively through Online Distributors. You may view the list of Online Distributors at the website.
5.2. The Product price may be different in different Online Distributors. The User shall individually choose an Online Distributor and payment method (which this Online Distributor provides) for the Product purchase.
5.3. The list of documents (including electronic documents) executed during the Product purchase shall be determined by the Online Distributor. The Online Distributor shall solely bear full responsibility for timely manner and accuracy of execution of such documents and provision of them to the User. The Right Holder shall not bear any responsibility and cannot compensate any damages connected with failure to execute documents in a timely manner or accurately during the Product sale, as well as due to failure to transfer them to the User or to do so in a timely manner.
5.4. The cost of the Product fixing/updating (excluding the Trial Version) within one version of the Product is included into the License cost and does not require additional payments.
5.5. The new version of the Product shall be provided to the Buyer for a separate charge stated by the Right Holder.
5.6. The Right Holder shall individually determine and specify, whether the Product change is its fixing/updating (para. 5.4. hereof) or its new version (para. 5.5. hereof).
6. Responsibility of the Right Holder and the User
6.1. The Right Holder shall not bear responsibility for any direct or indirect damage/losses/expenses of the User due to misuse and/or illegal use of the Product.
6.2. In case of incorrect operation of the Product, if such incorrect operation is not connected with its misuse/illegal use, maximum size of compensation may consist in providing the User with the fixed copy of the Product or refund of the Product's cost to the User.
6.3. Provision of the fixed copy of the Product to the User or refund of its cost shall be done in compliance with all of the following conditions:
6.3.1. The User has purchased the full version of the Product.
6.3.2. The Product functions wrongly or does not perform functions declared by the Right Holder.
6.3.3. The User has notified the Right Holder about incorrect Product operation or its failure to perform the stated functions within 14 calendar days from purchase of the License Key for activation of the full version of the Product via email firstname.lastname@example.org.
6.3.4. Incorrect operation of the Product/failure to perform the stated functions cannot be eliminated by means of technical support.
6.3.5. Incorrect operation of the Product is not a result of misuse and/or illegal use of the Product.
6.3.6. Refund of the Product cost does not contradict with the Rules of refund set by the Online Distributor and does not contradict with legislation of the country under whose jurisdiction the Online Distributor from whom the User has bought the Product operates.
6.4. In case the Right Holder takes a decision to refund the Product cost to the User, the refund shall be done via the same Online Distributor from whom the User bought the Product. Product cost in the amount paid by the Buyer at the moment of Purchase is subject to refund, and this amount is not subject to recalculation.
6.5. The User shall bear responsibility for compliance with the terms hereof. The User shall compensate damage/losses/lost advantage of the Right Holder due to any User's violation of the intellectual property rights for the Product, its components and/or derivatives, in full.
7. Validity Period of the License Agreement
7.1. This License Agreement shall be in effect from the moment the User activates the Product by applying the License Key provided by the Right Holder, until expiration hereof.
7.2. This License Agreement grants the User with an exclusive right of the Product use for the following period:
7.2.1. Trial Version of the Product is provided from the User activates the Trial Version of the Product by applying the License Key for the term specified in para. 4.4.
7.2.2. Full version of the Product is provided without restrictions of use term from the moment the User activates the full version of the Product by applying the License Key.
7.3. This License Agreement shall be terminated in the following cases:
7.3.1. End of the Product use period specified in para. 7.2. hereof.
7.3.2. Termination of this License Agreement by the User according to para. 7.4. hereof.
7.3.3. The User's violations of para. 3.1-3.3., 3.5., 3.14 hereof.
7.3.4. The User's disagreement with amendments of the terms hereof.
7.3.5. Any User's action resulting in direct or indirect damage to the Product Right Holder.
7.4. The User can terminates this Agreement on his own initiative by uninstalling the Product and its backup copy from all his devices. In this regard, the User shall have no right to require the Product cost refund and/or any compensation due to termination hereof from the Right Holder.
8. Procedure of Amendment of the License Agreement
8.1. The Right Holder is entitled to amend conditions of this Agreement and other Rules mentioned herein at his discretion without any prior approval of the User. The User shall agree to such amendments, and it shall be deemed that the User has read and agrees with the edited version hereof (including all amendments hereto) placed on the website.
8.2. All amendments hereto shall come into effect from their placement on www.fincontrollex.com.
8.3. The Right Holder reserves the right to notify the User about amending the conditions hereof via email or a pop-up window in the software.
8.4. If the User does not agree with the amendments of the conditions of this Agreement, this Agreement shall be considered terminated by the User under the procedure described in p. 7.4. hereof. In this regard, the User shall be obliged to uninstall the Product and remove its backup copy from all of his devices within 24 hours.
9. Procedure of Enforcement and Dispute Resolution
9.1. This Agreement shall be entered into in compliance with the procedure and in form stipulated by legislation of Ukraine, according to law of the location of the Right Holder, who offered to enter into the License Agreement.
9.2. The User and the Right Holder agree that this Agreement regulates all of its substantial conditions, procedure of entering into, and that form and contents hereof comply with the requirements of applicable legislation of Ukraine.
9.3. Any legal relations arising out of performance hereof and use of the Product that are not regulated by this License Agreement, shall be regulated by applicable legislation of Ukraine.
9.4. In case of collisions with the legislation of the User's country, the terms of this License Agreement and rules and regulations of the legislation of Ukraine shall apply.
9.5. In case the text of this License Agreement is translated into other languages, Russian version of the License Agreement shall prevail.
9.6. Any disputes arising with regard to performance hereof and use of the Product shall be settled by negotiations according to the applicable legislation of Ukraine. In case of failure to resolve the dispute by negotiations, it shall be settled in a court of Ukraine at location of the Right Holder.