End user agreement for ESC AdPoster
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a legal entity) and Innovation Systems LLC for all editions of the software product specified above. As used in this Agreement, "we", "our", and "us" refer to Innovation Systems LLC as the licensor, and "you" and "your" refer to you as the licensee. The "Product" includes computer software itself and any associated media, electronic documentation and documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries or whatsoever that originates from the intellectual labor of Innovation Systems LLC. The "Product site" refers to http://www.esctools.com.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. YOU AGREE THAT BY INSTALLING OR USING THE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS LICENSE, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. SCOPE OF GRANT
Innovation Systems LLC grants you the following rights provided that you comply with all terms and conditions of this license agreement such as:
* Installation and use. You may install, run and use one copy of the Product on a single computer at a time. Innovation Systems LLC permits the transfer of the program from one computer to the other not more than once a fortnight. In order to use the AdPoster more than on one computer, it is necessary to purchase the additional licenses.
* Reservation of Rights. The Product is not sold to you. Rather, it is licensed on a non-exclusive basis solely for use by you and you alone, under the terms of this Agreement. Innovation Systems LLC retains all title to and ownership of the Product and reserves all rights not expressly granted to you hereby.
2. DEFINITION OF LICENSING MODELS AND ADDITIONAL SERVICES
The Product has two* basic licensing models also known as the Product:
ESC AdPoster Free. Free test version of the program unlimited in time. The full database of the classifieds is available in the manual regime. The automatic regime is limited to 20 classifieds from the base.
ESC AdPoster Full. The full version of the program. The whole base and the whole set of functions are available. The validity period of the license is not limited.
You may check the comparison table of the set of functions of the versions at the site www.esctools.com/versions.html
3. THE TERMS OF SUBSCRIPTION FOR THE BASES OF classifieds
The ESC AdPoster Full program is supplied on default with one subscription for the full base in the language of selected program version. The subscription in the foreign languages is purchased additionally. The validity period of subscription is one calendar year from the moment of purchase. You may purchase unlimited number of subscriptions for one program.
4. TERMS OF UPDATES
The program updates are issued upon detection of errors or upon addition of the new set of functions before the issuance of the new version of Software, after which the support of the previous versions is ceased, and the users are provided with free transfer to the new version. The updates of subscription take plase not less than once a month within the subscription validity period.
5. TERMS OF LICENSE VERIFICATION
The license for the program is attached to the registration email, indicated by the user when drawing up the subscription. All the User's applications are processed on condition of applying from registration email. The change of registration e-mail is possible and carried out upon application sent from registration email.
6. TERMS OF PAYMENT AND REFUNDS
All payments are made through our partner - www.avangate.com.
You may learn about the rules of payment procedures at the site http://www.avangate.com/online-payment-solutions/terms.php
All newly-purchased copies of the Product are covered with 30-day unconditional money-back guarantee. To receive a refund you must contact the Product Support Team at email@example.com within the period of 30 days since the purchase of the Product and expressly state your decision to cancel the purchase.
7. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is permitted by applicable law notwithstanding this limitation.
Without prejudice to any other rights, Innovation Systems LLC may cancel this License Agreement if you do not abide by the terms and conditions of this License Agreement, in which case you must destroy all copies of the Product and all of its parts.
9. DISCLAIMER OF WARRANTIES
Innovation Systems LLC provides the Product and any accompanying service AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Innovation Systems LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Innovation Systems LLC, AND EVEN IF Innovation Systems LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Product is protected by copyright and other intellectual property laws and treaties. Innovation Systems LLC owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
This Agreement will be governed by the laws of Russian Federation, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Moscow, Russia, and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.