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License agreement

License agreement

Content:

  1. End-User License Agreement
  2. Terms and Conditions of Product Use and Restrictions
  3. Responsibilities of the Parties
  4. Limited Warranty
  5. Changes in Agreement and procedure of its termination
  6. Privacy Policy
  7. Refund Policy

These Аgreement is a contract between you (hereinafter referred to as the User) and Sole proprietor Pasynkov Andrey Aleksandrovich (hereinafter referred to as the Author). Read the terms and conditions of this Аgreement carefully before using the Product. If you do not agree to the terms and conditions of this Аgreement, you are not allowed to use the product. By purchasing our product and using it, you fully agree to all points of this Аgreement.

Main definitions of this Аgreement:
PRODUCT COPY - means the copy of one of the products of the Author, including the source text of the product, database structures and tables, modules created by Author and any documentation about using the product.

FREE VERSION - a product copy which is distributed for free. The only condition on the spread of this version is keeping the information about the Author in the source files and active link to one of the Author's sites in the footer. To remove this link you are required to contact the Author and pay for the change.

PAID VERSION - a product copy, which is purchased and used by the User in accordance with points 2.1 and 2.2. of this Аgreement.

ULTIMATE VERSION - a product copy which is purchased and used by the User in accordance with point 2.2 of this Аgreement.

1. End-User License Agreement

1.1. The Product Copy (hereinafter referred to as the Product) is the source code of the programs, reproduced in files or on paper documents, including electronic or printed documentation, as well as the text of this license Аgreement (hereinafter referred to as the Аgreement).

1.2. The Agreement comes into effect from the moment the User receives the Product via electronic means of transferring the data.

1.3. The Product, in whole or in part, is owned by the Author (except cases, indicated in the point 1.4), and is an object of copyright, and is protected by the Russian Federation laws and international laws. Using the Product in violation of the license terms is considered a breach of copyright laws, and will be prosecuted in accordance with applicable laws.

1.4. Some components of the Product may not be owned by the Author. The Product can contain license.txt file with the list of authors, objects of copyright (modules of the Product, graphics and other materials, etc.) and the terms and conditions for distribution of objects of copyright. In such a case the named objects of copyright are owned by their authors and may be used in accordance with their licenses.

1.5. The license Аgreement does not grant an ownership right for the Product, but the right to use the Product in accordance with the terms and conditions indicated in point 2 of this Agreement.

1.6. The Author is not responsible in case the User is held administratively or criminally liable for using the Product for illegal purposes.

2. Terms and Conditions of Product Use and Restrictions

2.1. For paid version:
2.1.1. This Аgreement grants the right to use one physical copy of the Product for its installation on a single web server. Each new installation of the Product requires its own purchased License. This restriction does not apply to the Ultimate version of the Product.
2.1.2. Making an additional copy of the Product and using it are permitted solely for purposes of testing the Product or making changes to the source code, provided that such a copy will not be available to third parties. After finishing of testing or making changes the copy should be removed.

2.2. For Paid and Ultimate versions:
2.2.1. Any distribution of the Product without prior consent of the Author, including non-profit distribution, is considered a violation of this Аgreement, and will be prosecuted in accordance with applicable laws.
2.2.2. The User may not copy, distribute, or transfer the Product to third parties, as well as websites created on the basis of the Product, in any form, including the form of source text, by whatever way, including lease/rent of the Product , as well as websites created on the basis of the Product, without consent of the Author.

2.3. User is eligible to make any changes in the Product distributives in his sole discretion. However, further use of the Product should be performed in accordance to the Аgreement and accounting the copyright. In case User makes any amendments, the Author doesn't bear responsibility for the Product performance.

2.4. It is forbidden to remove copyrights without consent of the Author.

2.5. Any using of the Product, which violates the applicable laws of the Russian Federation and of the country, where the Product is being used, is forbidden.

3. Responsibilities of the Parties

3.1. Violation of the terms and conditions of this Аgreement will be prosecuted in accordance with applicable laws of the Russian Federation.

3.2. The Product is supplied as is (‘AS IS’) with all its flaws, without warranty of productivity, selling ability, data saving or other expressly or implicitly related warranties. The Author is not liable for any damage or possible harm to the User, his/her information or business arising out of the use or inability to use the Product, even if advised of the possibility of such damages, or for any claim by a third party.

4. Limited Warranty

4.1. The Author provides free warranties for paid versions of the product within two months from the date of purchase of the product. All the provision of the point shall apply only within the term of the warranty.

4.2. If any bugs occur while using the paid version of the Product, the Author undertakes to fix them within a short time and provide the User with the upgraded Product or its parts.

4.3. In case of violation of point 2 of this Agreement, the User automatically loses the given warranty.

4.4. The warranty service includes the Product’s error correction, found within the warranty period, support via email and in the special section of the website of technical support service on website monoray.net/forum during the warranty period on Monday through Friday from 9 am till 5 pm MSK.

4.5. The User is offered preferential conditions by ordering the upgrades between versions of the Product from the Author.

5. Changes in Agreement and procedure of its termination

5.1. If the User fails to comply with any of the above points, the Author has a right to terminate this Agreement unilaterally having notified the User about it.

5.2. Upon termination of the Аgreement the User is obliged to stop using the Product and to delete the Product totally.

5.3. If any point of this Agreement is determined by a court of competent jurisdiction to be invalid, the rest of this Agreement shall continue in full force and effect.

5.4. The termination of the contract is permissible, if all the received files and documentations as well as their copies have been deleted. Termination of the Agreement does not bind the Author to refund the sum spent by the User to purchase the Product.

5.5. The given Аgreement can be modified by the Author without any prior notice of the User. The given Аgreement is an open and public document. The current edition of the Аgreement can be found on the Internet with the url: https://open-real-estate.info/en/license. The User agrees to check the Аgreement for modifications on his/her account. The User's failure to familiarize with the Аgreement or its modified edition can't serve as a ground for the User's obligation default and omission to observe the restrictions, stated in the Аgreement.

6. Privacy Policy

6.1. Any information provided by the User and stored on the server of the Author is not disclosed or transferred to third parties, unless required by law enforcement agencies in accordance with applicable law.

6.2. The Author uses email addresses and other contact details, specified at purchase of the Product only to send messages required to process User’s orders, to send notifications about updates of the Product and possible changes in the work of the Author.

7. Refund Policy

7.1. Since the Author supplies a non-tangible product that can not be physically returned, a refund can be issued to the User only if the purchased Product does not have the functionality described on the website of the Author, and only after the Author confirms that such a discrepancy exists.

7.2. To avoid misunderstanding, the User should thoughtfully familiarize with the info about the Product and other reference materials published on the website of the Author, or contact the support service to get detailed information about properties and features of the Product and their adequacy to the needs of the User.

7.3. Insufficient knowledge of the User is not a reason for a refund, including, but not limited to, the following circumstances:
- inability to use the Product caused by noncompliance of settings and/or versions of system or other software to the system requirements listed on the website of the Author;
- inability to make settings for or to change the external displaying (design) of the Product caused by the lack of necessary knowledge;
- inability to make changes to the source code caused by the lack of necessary knowledge.

7.4. The refund can be issued only upon written claim from the User, containing the data of the identity document of the User, the claim should be composed in a free form and sent to the Author within 30 (thirty) running days from the date of receipt of the Product

7.5. After 30 (thirty) running days from the date of receipt of the Product the Author will accept no refund claims, and sums are not refunded.

7.6. The Author will refund only the sum received as payment for the Product, without commissions imposed by banks and other charges. Sums paid for setup, customization, settings of the Product on the part of the User are not refunded

7.7. Refund takes up to 15 (fifteen) days from the day of receiving a written claim, in case the Author decides positively upon a refund to the User.

Last updated: October 14, 2015