Licence agreement for using the software for computer Vinteo video conference server. Edition 01.02.2019
ATTENTION PLEASE! Read the terms of this agreement before you start work with computer program Vinteo Server Videoconferencing (hereinafter referred to as "software"). Pressing the confirmation button in a window with text of this license agreement during installing software means your unconditional acceptance of the terms of the license agreement and also your consent to indicate the name of the Licensee and the fact of using the software in marketing and advertising purposes of the Copyright Holder.
If you do not agree with terms of this license agreement you should interrupt the Software installation.
This licence agreement (hereinafter referred to as the "Agreement") is open license determining conditions of providing by Vinteo Limited Liability Company (hereinafter referred to as the "Licensor") the rights to use the Software by any person (hereinafter referred to as the "Licensee").
1. AGREEMENT SUBJECT
1.1. The Licensor provides the Licensee the right to use the software for computer Vinteo server video conference (software) on terms simple (non-exclusive) license according to Agreement and Licensee undertakes to pay contractual remuneration.
1.2. The Licensor is the owner of the exclusive right to use the Software on the basis of contracts and employment contracts with authors. State registration of the Software in Russia carried out under the number 2017619482. The Licensor guarantees the availability exclusive right to use the Software and possibility of providing it in volume, in order and on terms provided by the Agreement.
1.3. Permissible period of the Software use and also amount of remuneration for granting right to use the Software under the Agreement are pointed in the Agreement by the Licensor and the Licensee or person who Licensee granted the right of distribution the Software.
1.4. The Licensor let the Licensee to use the Software with next ways:
1.4.1. To copy the Software exclusively for archiving purposes or backup;
1.4.2. Play the Software according to its purpose to the computer including record and store the Software in the computer memory.
1.5. The Licensor let the Licensee use the Software to the Russian Federation territory.
1.6. The Licensee may use the Software only within those rights and in those ways which provided the Agreement. The right to use the Software which does not point straight in the Agreement is not considered granted to the Licensee.
2. REMUNIRATION AND PAYMENT PROCEDURE
2.1 For granted right of the Software the Licensee pays the remuneration according to the Agreement concluded with the Licensor or person who the Licensor granted the right of distribution of the Software.
3. RIGHTS AND DUTIES OF THE PARTIES
3.1 The Licensee undertakes:
3.1.1. Comply with all technical restrictions allowing the use of the Software only in a certain way;
3.1.2. Not to circumvent the technical limitations of the Software in one or another;
3.1.3. Do not decompile the Software. Do not modify and change another way the Software and also the information and related materials received under the Agreement;
3.1.4. Do not distribute the Software or its individual components. Do not provide the access to third parties with access to reproduction in any form of the Software including networking or any other ways;
3.1.5. Do not rent the Software or temporary use;
3.1.6. Do not use the Software for network services provided under commercial base without written permission of the Licensor.
3.1.7. Do not use any hardware and/or software for creation pools of use of the software including for automatically redirection the information to the Software which decreases the amount of hardwares or users directly addressed or use the Software.
3.2. The Licensor has the right:
3.2.1. If the Licensee violates any of the condition of clause 3.1 of the Agreement to terminate the Agreement at any time without notifying the Licensee without refunding the value of the fee for granting the right to use the Software or part of his fee.
3.2.2. To use the information about the Licensee and the fact of use by him in marketing and advertising or other purposes in particular the right to use the name of the Licensee in press releases and refer to it in descriptions of activity of the Licensor.
4. ORDER OF USE
4.1. The Licensee runs an instance of the Software using an access key issued by the Licensor. The same access key cannot be used by the Licensee to run the Software instances at the same time on different computers.
5. RESPONSIBILITY OF THE PARTIES
5.1. Legislation of individual jurisdiction requires to notify in advance persons or receive their consent to the collection, tracking and/or recording of the data they transmit and/or limit collection, storage and use personal data. The Licensee by itself is responsible for compliance with applicable laws, obtaining all necessary permits and disclosure of all necessary information before use of any web services and/or functions of data recording.
5.2 The Software supplied AS IT IS. The Licensor does not warranties, conditions, representations or provisions EXPRESSED IN CLEAR OR IMPLIED FORMS on all including without limitation non violation of the rights of third parties, the commercial quality, the integration or the suitability for specific purposes. THE LICENSEE AGREES THAT HE IS RESPONSIBLE FOR A CHOICE OF THE SOFTWARE FOR ACHIEVING THE RIGHT RESULTS, FOR THE INSTALLATION AND USE OF THE SOFTWARE AND ALSO FOR RESULTS RECEIVING WITH ITS HELP.
5.3. The Licensor is not responsible for any loss, damage regardless of reasons for its occurrence including (but not limited) special, incidental or consequential damage, loss associated with lost profits, interruption of business or production activities, loss of business information, negligence or any loss arising from the use or inability to use the Software even if the Licensor was notified of the possible occurrence of such losses and/or damage. In any case responsibility of the Licensor under any provisions of the Agreement is limited to the amount actually paid to the Licensor for the right to use the Software. THIS LIMITATIONS CAN NOT BE EXCLUDED OR LIMIT ACCORDING TO APPLICABLE LAW.
5.4. The Licensor is not responsible for any deficiencies and/or inconsistencies in functioning of the Software in case if those were caused by failures in the functioning of the data transmission network, the Licensee's or third partie's software or hardware.
6. Technical support
6.1. The Licensor guarantees the opportunity of provision services of configure, maintenance, adaptation and modification of the Software or liquidation of errors in it and also updates providing and additional software modules (hereinafter referred to as the Technical support) for at least three years after providing the right to use of the Software under the Agreement terms. Under Software error you should mean the defect in software code in a result the Software is not capable to work according to functionality pointed in technical documentation provided for it except in cases:
– when Licensee violates the rules of exploitations of the Software according to requirements of the technical documentations providing on it;
– when the Software is used on a hardware or together with software that was not recommended by the Licensor.
The Licensor also guarantees that in the rest period it can carry out under a separate paid service agreement. While the response time to a request for Technical Support is no more than 24 hours.
6.2. The Licensor during the term reflected in the Agreement concluded with the Licensee has been granteed the righrt to distribute the Software from the moment of obtaining the right to use the Software. The Licensor provides the Licensee with the following the Technical support srvices free of charge at his request:
6.2.1. Consulting on any questions regarding the Software. The service is provided to the Licensee around the clock seven days a week by calling the hotline: 8-800-333-40-16;
6.2.3. Access to the latest software updates at the Licensor's website: download.vinteo.com;
6.2.3. Emergency solution of emergency situations related to the functioning of the Software on the Licensee's equipment and not being part of its normal functioning associated with the loss and the possibility of loss or decrease in the quality of the Software functioning (hereinafter referred to as the "Incidents") by remotely connecting the Licensor to the Software operated on the hardware of the Licensee. Remote the connection for start of solving the problem carried out within 4 hours from the moment he received an order to solve the problem. The order can be received by the Licensor by e-mail or by phone. For remote connection the Licensee must have an active Internet connection and upon request provide remote access to the Product;
6.2.4. Services to ensure the operability of the Software provided through the remote connection of the Licensor to the Software operating on the Licensee's equipment: diagnostics of the Software, updating the Software, setting up the connection of participants are made at the request of the Licensee sent to the Licensor's e-mail or by phone. For remote connection the Licensee must have an active Internet connection and provide remote access to the Software upon request.
6.3. To start the provision of services under clause 6.2 of the Agreement the Licensee provides the Licensor with an application by phone 8-800-333-40-16 or e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..
6.4. The Licensor registers the Licensee's application referred to in clause 6.3 of the Agreement at the time of the phone call or the time of receipt of the e-mail message. The term for the provision of services is counted from the moment of registration of the application.
6.5. If the Licensee's application does not contain enough information to compose a response or to resolve the Incident the Licensor reasonably requests additional information from the Licensee. If the requested information is provided by the Licensee within a period exceeding one hour from the moment the Licensor's request is sent to the Licensee. The term for the provision of services in connection with the Licensee's application is extended by the time during which the required information was provided by the Licensee.
6.6. If the Licensor reveals that it takes more than four hours to resolve the Incident at the Licensee's request then the Licensor must agree with the Licensee the terms and schedule for the provision of the service by exchanging e-mail messages.
6.7. The Licensor itself determines the technology for the provision of services.
7. APPLICABLE LAW
7. APPLICABLE LAW
7.1. All relations under the Agreement are governed by the current legislation of the Russian Federation.