The License Agreement is an offer from the NEXT LLC (hereinafter referred to the "Rightholder") to enter into the agreement upon the terms and conditions stated below.
Please read the terms and conditions of this License Agreement before using the Application. Using the Application on other conditions is not allowed.
1. Terms and Definitions
1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:
а) License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Application or during the start of its using and also on the Rightholder's website at: http://insentry.io
b) User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
c) Application means the software application "Insentry." intended for installation and use on the Computer in conjunction with the License key provided by the Rightholder.
d) Computer means any personal computer or other device which allows use of the Applications according to its functional purpose.
e) License key - mean of copyright protection in the form of unique combination of symbols issued by the Rightholder that enables activation, launch and use the functionality of the Application copy on the User's Computer.
f) Commercial license agreement means license agreement that determines commercial conditions of use of the Application including maximum number of connected video monitoring devices, time period of use and the amount of license fee to be paid. This Agreement shall be an integral part of the Commercial license agreement.
1.2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to the Commercial license agreement, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2.1. Once this Agreement is concluded the Rightholder entitles the User to use the Application purposes on the terms of a non-exclusive license.
2.2. To conclude the Agreement under the terms and conditions provided hereby the User is sufficient to reproduce (install) or launch the Application on the Computer.
The performance of above mentioned actions by the User confirms that the User has reviewed and fully and absolutely agrees to the full extent the terms and conditions set forth herein, and creates the agreement under the given provisions between the User and the Rightholder.
2.3. The User has the right to use the Application under the terms and conditions hereof in the following ways:
2.3.1 Reproduction (installation) of one copy of the Application on the Computer;
2.3.2. Launch and use the Application due to its functional purpose in conjunction with the License key.
2.4. The right to use the Applications are granted for a fee. Territory, time period of use of the Applications and amount of license fee are set forth in Commercial license agreement of which this Agreement shall be an integral part.
2.5. For the access to the functionality of the Application the User is required to use the License key provided by the Rightholder. Some video monitoring devices may be connected in excess of maximum number of video monitoring devices using serial numbers of such devices.
2.6. Any rights and ways of use of the Application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
3. License Restrictions
3.1. The User is not allowed thereof independently or employing any third parties to do the following:
3.1.1. Copy (reproduce) the Application and License keys in violation of this Agreement's conditions, distribute, transfer or make available to the third paries.
3.1.2. Perform modifications, reverse engineering, reveal the techniques, emulate, decompile, disassemble, decode, and in any other way recover structure charts and computer algorithms of any part of the Application.
3.1.3. Perform any actions with the Application and License keys that are aimed to break the system of protection from unauthorized use of the Application.
3.1.4. Create software and/or services using the Application without prior permission of the Rightholder.
3.1.5. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Application.
3.2. The Rightholder has the right to set technical restrictions of using the Application; the Rightholder will inform the User about abovementioned limitations in the manner by the Rightholder's choice.
3.3. The scope of available functionality of the Application is a subject of the Rightholder's sole discretion and may be changed from time to time.
4. Liability under the License
4.1. The Application is provided "as is", and in this connection the User shall be granted no further warranties that: it will conform with the requirements of the User; it will function continuously, quickly, reliably and without errors; the results which can be obtained by its use will be accurate and reliable; all the errors will be corrected.
4.2. Since functional capabilities of the Application are constantly supplemented and updated, the form and the nature of the Application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Application (or any its separate parts) in favor of the Users and also has the right to alter or withdraw the Agreement without prior notice.
4.3. Under no circumstances shall Rigtholder be liable for any special, incidental, indirect, statutory, exemplary, punitive or consequential damages, of any kind whatsoever, or for any lost profits, business or revenue, loss of use or goodwill, or other lost economic advantage, arising out of or related to this Agreement or the breach hereof, whether such claims are based on use of products, breach of contract, strict liability, tort, any federal or state statutory claim, or any other legal theory and even if Rigtholder knew, should have known, or has been advised of the possibility of such damages.
4.4. Notwithstanding anything else, the Rigtholder's total liability in connection with this Agreement shall not exceed the amount of license fee paid by the User for the use of the Application that liability is connected with.
4.5. The User is responsible for any violation of the obligations provided by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).
4.6. In case the Rightholder will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests on third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages.
4.7. Any breach of this License including detected automatically means immediate termination of this License and leads to disabling License key.
5. Application updates/new versions
5.1. Applications may from time to time automatically download and install updates that designed to improve the Applications and may be in the form of patches, additional modules or completely new versions of the Applications. User hereby acknowledge and agree with such automatic updating of the Applications including request, download and installation of the updates onto User's Computer without any further notifications.
5.2. This License shall govern all further updates/new versions of the Applications and additional components thereof. Installation of the update/new version of the Application shall be deemed as User's acceptance of this License with respect to relevant updates/new versions of the Applications unless such installation is accompanied by different license agreement.
6. Other provisions
6.1. Third-Party software. Certain third-party software may be used in the Application. Rigtholder may provide certain notices related to such third-party software in the documentation, or in readme or notice files provided with the Application. Third party software will be licensed to you either under the terms of this Agreement, or, if specified in the documentation, readme files or otherwise in writing, under separate license terms ("Separate Terms") and not under the terms of this agreement ("Separately Licensed Third Party Software"). User's rights to use such Separately Licensed Third Party Software under the Separate Terms are not restricted or modified in any way by this Agreement.
7. Final provisions
7.1. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Russian Federation.
7.2. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the applicable procedural law of the Russian Federation.
7.3. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard.
8. The Rightholder's details:
123112, Moscow, Moscow-City, Presnenskaya naberezhnaya, 12, floor 35, room №3
Revision of 1 august 2019