This End User License Agreement (hereinafter referred to as the "Agreement") is a legally binding agreement between Zavgar Online and the end user, and applies to Zavgar.Online computer program.
1. BASIC TERMS
1.1. "Licensor" means Limited Liability Company Autotracker, 355044, Russia, Stavropol Territory, Stavropol, Brusneva str. 4/3, of. 402, TIN 2635245712, KPP 263501001, OGRN 1202600006960
1.2. "Licensee" means an individual or a legal entity that has the right to use the Program in accordance with the requirements of the current legislation of the Russian Federation and this Agreement.
1.3. "Program" means Zavgar.Online computer program (both in whole, and in part), which is presented in an objective form as a set of data and commands, including the source text, the database, the audio-visual works included by the Licensor in the specified computer program, as well as any user documentation.
1.4. "Use of the Program" means use of the functionality and/or launch in the manner specified in the user (technical) documentation and this Agreement.
1.5. "Authorized User" means the user registered by the Licensee in the Program and authorized in it at least once.
1.6. "Account" means an information resource that is a collection of data from a single copy of the Program with a unique identifier that groups the program objects for their joint display and use.
1.7. "Technical Support" means the activities carried out by the Licensor within the limits and volumes established by it to ensure the operation of the Program, including information and consulting support for Licensees on the use of the Program.
1.8. "Agreement" means a document on the basis of which the Licensor (or other duly authorized person) provided the Licensee with the Program for its use under the terms of this Agreement.
1.9. "Registration" means an action of the Licensee aimed at creating an Account, carried out in the manner and for the purposes provided for by an appropriate license.
1.10. "Account" means an account in the Licensor's system (a login/password pair or a special API key) that stores data that allows identifying and authorizing the Licensee and the authorized user.
1.11. "License type" means the tariff plan chosen by the Licensee according to the Licensor's Price List, published in the Internet at address: zavgar-online.com.
1.12. API (Application Programming Interface) means an interface for the system to interact with third-party applications by using public methods published by the Licensor.
2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee the right to use (a simple non-exclusive license) the Program within its functionality by reproducing the Program (connecting to the Program via the Internet) exclusively for independent use by the Licensee without the right to sublicense to third parties.
2.2. This Agreement shall be concluded before or at the time of the beginning of use of the Program and shall be valid for the entire period of its lawful use by the Licensee within the term of the copyright to it, provided that the Licensee properly complies with the terms of this Agreement.
2.3. The Licensor grants the Licensee the right to use the Program without restriction on the territory in the manner and under the conditions provided for by the current legislation of the Russian Federation, the Agreement and this Agreement.
3. COPYRIGHTS AND TRADEMARKS
3.1. The Program is a result of intellectual activity and an object of the Licensor's copyright ("Computer Program"), which shall be regulated and protected by the law on intellectual property of the Russian Federationand international law.
3.2. The algorithms of the Program and its source codes (including parts thereof) shall be trade secrets of the Licensor. Any use of them or use of the Program in violation of the terms of this Agreement shall be considered as a violation of the rights of the Licensor and shall be sufficient grounds for depriving the User of the rights granted under this Agreement.
3.3. The Licensor guarantees that it has all the necessary rights to the Program to provide them to the Licensee, including the Program documentation.
3.4. Liability for copyright infringement occurs in accordance with the current legislation of the Russian Federation.
3.5. This Agreement does not grant the Licensee any rights to use the Trademarks and Service Marks of the Licensor and/or its partners.
3.6. The Licensee may not, under any circumstances, delete or obscure the information and information about copyrights, trademarks or patents specified in the Program.
3.7. The Agreement does not grant ownership of the Program and its components, but only the right to use the Program and its components in accordance with the terms of the Agreement.
3.8. The Licensee may not copy, distribute the Program and its components, in any form, including in the form of source code, in any way, including renting/renting. The Licensee is not allowed to use the Program in any way if such use contradicts or leads to a violation of the Agreement or the current legislation of the Russian Federation.
4.1. The Licensee is granted the right to Register under this License Agreement.
4.2. Registration is carried out by the Licensee independently by creating and specifying their account.
4.3 The Licensee has the right, under this License and in accordance with the selected License type, to place the data belonging to it in the Account, if this does not violate this License Agreement and the Legislation of the Russian Federation.
4.4. The Licensee has the right to change, add or delete the Program files only in cases stipulated by the legislation of the Russian Federation on copyright.
5. ASSIGNMENT (TRANSFER) OF RIGHTS
5.1. The Licensee, except for the cases established by this Agreement, has the right to assign all its rights and obligations under this Agreement to another authorized user once.
5.2. The assignment (transfer) of rights and obligations is carried out only if the new Licensee fully and unconditionally agrees to all the terms and conditions of this Agreement and the Agreement.
5.3. The Licensee is obliged to provide the Licensor with complete data about the new Licensee for re-registering the Program for him in accordance with this Agreement.
5.4. The assignment (transfer) of rights under this Agreement cannot be performed indirectly or through any third party.
6. LICENSE TYPES
6.1. The Licensee has the right to choose the appropriate type of license, the list of which is available on the Internet at: zavgar-online.com
6.2. The Licensee has the right to use the Program under the "Light" license for informational purposes for an unlimited period of time, without payment of remuneration, under the terms and conditions in force at the time of registration.
6.3. The Licensee has the right to change the license type during the entire term of its validity, and the validity period of the purchased license will be extended by the term of the paid but unspent current license, taking into account the tariff cost of the new license.
6.4. The beginning of the license validity period is the day of creating the Account and / or Account (the day of Registration).
6.5. If the relevant license expires and the Licensee does not acquire a new license from the list specified in clause 6.1. of this Agreement within 15 (Fifteen) calendar days, the further use of the Program by the Licensee may be restricted by the Licensor at its discretion.
6.6. The Licensor has the right to unilaterally change the types of licenses by posting a new list of them on the Internet at zavgar-online.com
no later than 14 (Fourteen) days before the date of entry into force of such changes.
7. HOW TO USE THE PROGRAM
7.1.1. In order to use the Program, the Licensee must complete the Registration procedure, as a result of which a unique Account and Account will be created for the Licensee. To add Authorized Users, the Licensee must create their own accounts using the Program and give them access to the Account.
7.1.2. For registration, the Licensee undertakes to provide reliable and complete information about himself and Authorized Users on the issues proposed in the registration form, and to keep this information up to date. If the Licensee provides incorrect information or the Licensor has reason to believe that the information provided by them is incomplete or unreliable, the Licensor has the right, at its sole discretion, to block or delete the Licensee's account, as well as to prohibit the use of the Program.
7.2. Login and password for accessing the Licensee's or Authorized User's Account.
7.2.1. When registering, the Licensee or the Authorized User independently chooses a username (a unique symbolic name of the Licensee's or Authorized User's account) and a password to access the Account. The licensor has the right to prohibit the use of certain usernames, as well as to set requirements for the username and password (length, allowed characters, etc.).
7.2.2. The Licensee or the Authorized User is solely responsible for the security (resistance to guessing) of the chosen password, and also independently ensures the confidentiality of their password. The Licensee is solely responsible for all actions/omissions (as well as their consequences) within or using the Program under its Account, including cases of voluntary transfer or non-compliance with the confidentiality of data for access to its account to third parties on any terms (including under contracts or agreements). In this case, all actions within or using the Program under the Licensee's account are considered to be performed by the Licensee himself, except for cases occurring after the Licensor receives from the Licensee a notification sent in accordance with the procedure provided for in this Agreement about unauthorized use of the Program under the Licensee's account or about any violation (suspected violation) of the confidentiality of his password.
7.2.3. The Licensee is obliged to immediately notify the Licensor of any unauthorized access to the Program using his Account and/or of any violation (suspected violation) of the confidentiality of his password. For security reasons, the Licensee must independently perform a secure shutdown under his account (the "Exit" button) at the end of each session of working with the Program. The Licensor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the Licensee's violation of the provisions of this part of the Agreement.
7.3. Deleting an Account. The Licensor has the right to block and delete the Licensee's Account, including all content without explanation, in case of violation of the terms of the Agreement or other documents, as well as in case of non-use of the Program under the "Light" license within 60 (sixty) days. Non-use of the Program in the Agreement means the absence of data in the archive system about the activities in the Program. From this point on, the recovery of the account, any information related to it, as well as access to the Program using this Account is not possible.
7.4. Restricting access to the API. No more than 1 API request per second can be executed for all methods in total. In case of suspicious activity via the API, the Licensor has the right to block access to the API for the Licensee's account.
8. RESTRICTIONS ON USE
8.1. The Licensee and / or Authorized Users are not entitled to perform actions that may lead to:
a) disruption of the operation of the Licensor's equipment and network;
b) disruption of the Program or restriction of the ability of other users to use the Program;
c) unauthorized access to the Program, as well as information, computing and network resources of the Licensor;
d) causing or threatening to cause damage to third parties, including by posting information and links to network resources, the content of which is contrary to the current legislation of the Russian Federation.
8.2. The Licensee is not given the opportunity and the right to modify the Program.
8.3. The Licensee independently ensures the availability of equipment that meets the technical requirements for using the Program and accessing the Internet.
8.4. The Licensee guarantees that it has all the necessary rights to all data, computer programs or services that it uses in connection with the use of the Program, and that such actions do not violate the rights of third parties.
8.5. The Licensee is not entitled to use the Program in any other way other than those specified in this Agreement, as well as to copy, sell and resell it or access to it, unless the User has received such permission from the Licensor.
9. TECHNICAL SUPPORT
9.1. The Licensor provides Technical Support to the Licensee, including on issues related to the functionality of the Program, features of operation on standard configurations of supported operating, mail and other systems in the manner and under the conditions specified in the technical documentation for it.
9.2. The Licensee has the right to contact the Licensor's Technical Support service without paying additional remuneration.
9.3. For Technical support, the Licensor may require the Licensee to provide information relating to the account data, specifications and other equipment necessary for the provision of Technical support information.
10. LIMITED WARRANTY AND LIABILITY
10.1. The Program is provided on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the Licensee's expectations and will be applicable for its specific purpose.
10.2. The Licensor does not initiate or control the placement of any information by the Licensee during the use of the Program, does not affect its content and integrity, and at the time of posting of this information does not know and cannot know whether it violates the legally protected rights and interests of third parties, international agreements and the current legislation of the Russian Federation.
10.3. The Licensor shall not be liable to the Licensee for any damage, loss of income, profit, information or savings related to the use or inability to use the Program, including in the event of prior notification by the Licensee of the possibility of such damage, or in any claim by a third party.
10.4. If errors are found while using the Program, the Licensor will take measures to correct them as soon as possible. The Parties agree that the exact definition of the time period for fixing the error cannot be established, since the Program closely interacts with other third-party computer programs, operating systems and hardware resources of the Licensee's computer, and the performance and time of fixing the problems do not fully depend only on the Licensor.
10.5. If the Licensee commits actions prohibited by the provisions of this Agreement, the Licensor has the right to take measures to identify and prevent these violations without giving any reasons or notifying the Licensee.
10.6. For violation of the terms of this Agreement, the Licensee is liable under the legislation of the Russian Federation.
11. TERMS OF PROCESSING AND USE OF PERSONAL DATA
11.2. The Licensee may at any time revoke consent to the processing of his personal data by sending the revocation of permission to use his personal data to the Licensor.
11.3. The Licensee agrees to receive advertising and informational messages concerning the products and services of the Licensor and its partners via the e-mail address specified during registration.
12. VALIDITY, MODIFICATION AND TERMINATION OF THE AGREEMENT
12.1. In all matters not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
12.2. The Licensor has the right to change the terms of this Agreement unilaterally by posting the amended text on the Internet at zavgar-online.com
12.3. The Licensor has the right to unilaterally terminate this Agreement if the Licensee violates the terms of this Agreement on the use of the Program.
12.4. Upon termination of this Agreement by any party and for any reason, the Licensee and Authorized Users are obliged to stop using the Program completely.
12.5. If a competent court finds any of the provisions of this Agreement invalid, the Agreement will continue to apply in the remaining part.
13. ADDITIONAL PROVISIONS
13.1.The use of the Program must be carried out by the Licensee only for legitimate purposes and in legal ways, taking into account the legislation of the Russian Federation, the European Union and the United States.
13.2.The Licensee is directly responsible for the content of the Account (a copy of the Program), the data created and maintained by the Licensee. The licensor does not exercise prior control over the content posted and/or distribute information, however when posting, and dissemination of such information is contrary to law, Licensor has the right to block or remove the Google Account and data without notice.
13.3. The Licensor does not provide the Licensee with communication services, does not arrange for him to access information systems of information and telecommunications networks, including the Internet, and does not carry out activities for receiving, processing, storing, transmitting, or delivering telecommunications messages.
14. TERMS OF INTEGRATION WITH THIRD PARTY SOFTWARE
14.1. The Licensor, if technically feasible, takes actions to integrate the Program with third-party software using the API protocol provided by the developer (copyright holder) of the third-party software under an agreement with the Licensor or open by the developer (copyright holder) of the API protocol for public use by an unlimited number of persons.
14.2. If the third-party software does not have an API protocol, then the Licensor, if technically feasible, provides the Program with the technical ability to integrate with third-party software to the Licensee. The Licensee independently integrates the Program with third-party software. In this case, the Licensee is fully responsible to the developer (copyright holder) of the third-party software for the use of the third-party software.
14.3. If the Licensee independently integrated the Program with third-party software, the Licensor is not responsible for the actions of the Licensee to integrate with third-party software to the developer (copyright holder) of the third-party software.
15. LICENSOR'S CONTACT INFORMATION
Requests regarding the terms of this Agreement and Technical Support are accepted at the email address firstname.lastname@example.org
The limited liability company Autotracker
355044, Russia, Stavropol Territory, Stavropol, Brusneva str. 4/3, office 402
CEO - Matveev Ivan