1. GENERAL PROVISIONS
1.1. The subject of this License Agreement (hereinafter referred to as the License) is the transfer by the Copyright Holder of non-exclusive rights to use the "Computer Software "Rubikon Service", hereinafter referred to as the Program, to the User on the terms of a simple (non-exclusive) license by providing access to the Program on the server of the Copyright Holder within the limits provided for by this licensed.
1.2. All conditions stipulated below apply both to the Program as a whole and to all its components separately.
1.3. The rights to use the Program are not limited to the territory of The Republic of Kazakhstan.
1.4. Before starting to use the Program, the User is obliged to familiarize himself with this License.
1.5. After registration, the User joins (fully accepts) this License by transferring credentials (subdomain, login, API key) from the Kommo service (kommo.com) to the server of the Copyright Holder, which, within the meaning of Articles 435 and 438 of the Civil Code of The Republic of Kazakhstan, is an acceptance (acceptance ) the Rightholder's offer, as well as the conclusion of an agreement that gives rise to the User's obligation to comply with the terms of this License, including the rules applicable in the Program.
1.6. The actual use of the Program without registration in the form, in particular, viewing, editing a document, and other actions specified in clause 1.1 of this License, is also an acceptance (acceptance) of the Rightholder's offer.
1.7. If the User does not accept the terms of the License in full, the User is not entitled to use the Program for any purpose. Use of the Program in violation (failure) of any of the terms of the License is prohibited.
1.8. Use of the Program on terms and in ways not provided for by this License is possible only on the basis of a separate agreement with the Copyright Holder.
1.9. This License and all relations related to the use of the Program are subject to the law of The Republic of Kazakhstan and any claims or lawsuits arising from this License or the use of the Program must be filed and considered in court at the location of the Copyright Holder.
1.10. The following Documents are an integral part of this License:
2. EXCLUSIVE RIGHTS TO THE PROGRAM
2.1. The Program is the result of the intellectual activity of the Copyright Holder and is protected by copyright legislation of The Republic of Kazakhstan, all exclusive rights to the Program, accompanying materials and any copies of it belong to the Copyright Holder.
2.2. The right to use the Program is granted to the User solely on the terms and to the extent stipulated by this License.
3.1. The Copyright Holder grants the User, under the terms of a simple (non-exclusive) license, the following rights to the Program in accordance with the license fee and Tariff (Appendix 1) paid by the latter:
3.1.1. The right to round-the-clock access to the Program hosted on the Rightholder's server during the term of the paid tariff.
3.1.2. The User does not have the right to use the information posted in the Program for copying and subsequent distribution to an unlimited number of persons in the form of printed publications and via the Internet for a fee or free of charge.
3.2. The license for the Program provided by the Copyright Holder is used only by the User and is not subject to transfer to third parties without the prior written consent of the Copyright Holder.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The right holder has the right:
4.1.1. Make changes to the Program at your own discretion without the consent of the Users. The Copyright Holder has the right to inform the User about some of the modifications made by publishing an announcement on the Contractor's Website and / or by sending a letter to the User's e-mail address.
4.1.2. Stop the User's access to the Program if the latter violates the terms of this License Agreement and its Appendices.
4.1.3. Unilaterally revise the Tariffs, change and introduce new tariff plans, about which it undertakes to notify the User in a timely manner in any convenient way.
4.1.4. Refer to the User in the advertising materials of the Copyright Holder.
4.1.5. Carry out preventive maintenance on the server. The total time of Program unavailability associated with the service shall not exceed 48 hours per month. Work, if possible, is carried out between 22:00 pm and 6:00 am (Moscow time). The Copyright Holder undertakes, as far as possible, to warn the User about upcoming works by publishing an announcement on the Copyright Holder's Sites and/or by sending a letter to the User's e-mail address.
4.2. The right holder is obliged:
4.2.1. Provide the User with access to the Program within 1 (one) business day from the date of payment by the latter of the relevant Tariff.
4.2.2. Ensure the round-the-clock availability of the server on which the Program is located, except during preventive work. In the event of a malfunction in the operation of the Program, the Copyright Holder guarantees the immediate taking of the necessary measures to eliminate them. About preventive work in the System and on the Service, the Contractor undertakes, as far as possible, to warn the User in any convenient way.
4.2.3. Update the software on the server, and the term "software update" in this License Agreement means software that replaces or supplements the current computer program. All updates are an integral part of the software and the terms of this License Agreement apply to such updates.
4.2.4. Ensure the safety of the data entered by the User in the Program until the moment of receiving a notification from the latter about the need to destroy them on the server.
4.2.5. Ensure the confidentiality of the data placed by the User in the Program for the entire period of their stay on the Rightholder's server. This includes backing up the User's data in accordance with the internal regulations for technical work.
4.2.6. Refrain from any actions that could hinder the User from exercising the right granted to him to use the Program within the limits established by this License Agreement.
4.2.7. Provide regular advice and technical support, information about new products, special offers. Technical support is provided from 8 am to 9 pm (Moscow time) by e-mail firstname.lastname@example.org.
4.3. The user has the right:
4.3.1. 24/7 access to the Program, except during preventive maintenance.
4.3.2. Use the technical support service for Users by e-mail email@example.com.
4.4. The user undertakes:
4.4.1. Comply with all the terms of this License Agreement and its Appendices.
4.4.2. Do not transfer passwords and logins used to access the Program to third parties, ensure the confidentiality of their storage, if necessary, appoint authorized persons who have the rights to work with certain logins belonging to the User.
4.4.3. Not to grant (transfer) in whole or in part to third parties the rights received by him under this License Agreement, not to sell, not to reproduce, not to copy the Program in whole or in part, not to alienate in any other way, including free of charge, without obtaining prior written consent for all of the above actions Copyright holder.
4.4.4. Do not use programs that provide automatic processing (parsing) of the Internet pages of the Program in order to obtain the necessary data, i.e. parse. Do not copy, modify, disassemble the Program or any part thereof, disclose any source code of the Program, or falsify your IP address or addresses used in other network protocols when transferring data to or from the Program.
4.4.5. Do not take actions aimed at disrupting the normal functioning of the Program.
4.4.6. Provide a valid email address upon registration. In the event of a change in the e-mail address, the User undertakes to inform the new phone/e-mail address within 5 (five) business days from the date of their change. Information sent to the e-mail specified by the User will be considered received by the User.
5. LICENSE REMUNERATION AND PROCEDURE FOR TRANSFER OF RIGHTS TO THE PROGRAM
5.1. The User pays the Copyright Holder a license fee for the right to use the Program according to the tariffs of the Copyright Holder.
5.2. The license fee is paid by the User in the amount of 100% depending on the chosen tariff plan.
5.3. The license fee is paid in american dollars, or kazakhstan tenge in the following ways - by transferring non-cash funds to the current account of the Copyright Holder. In this case, the obligation to pay is considered fulfilled at the time the funds are credited to the settlement account of the Copyright Holder.
5.4. The User does not have the right to make payment under this License Agreement in favor of the Copyright Holder from the accounts of third parties without a written notification by the User of the Copyright Holder with the obligatory receipt of the consent of the Copyright Holder.
5.5. The rights to the program are considered transferred to the User at the time of granting access to the Program in accordance with clause 1.5. Licenses, unless otherwise provided by the Tariff.
6. LIABILITY AND DISPUTES RESOLUTION
6.1. For non-performance or improper performance of this Agreement, the Parties shall be liable in accordance with the legislation of The Republic of Kazakhstan and this Agreement.
6.2. The User is fully responsible for: a) compliance with all legal requirements, including but not limited to advertising, intellectual property, competition laws, in relation to the actions performed by the User when using and Programs; b) the accuracy of the information provided by him during registration and payment.
6.3. The Program is provided to the User "as is" (as is) in accordance with the principle generally accepted in international practice. This means that for problems arising during the installation, updating, support and operation of the Program (including compatibility problems with other software products (packages, drivers, etc.), discrepancies between the results of using the Program and the User's expectations, etc.) ), the copyright holder is not responsible. The User must understand that he is fully responsible for possible negative consequences caused by incompatibility or conflicts of the Program with other software products. The Program is not intended and cannot be used in information systems operating in hazardous environments or serving life support systems, in which a failure in the operation of the Program may endanger people's lives or cause large material losses.
6.4. The Copyright Holder is not responsible for the impossibility of using the Program for reasons that depend on the User.
6.5. The user is solely responsible for the safety and confidentiality of logins and passwords of accounts and for losses that may arise due to unauthorized use of accounts. All actions performed using the login and password of one of the User's accounts are considered to be performed by the User. The user is solely responsible to third parties for all actions performed using the login and password of any of his accounts. The Copyright Holder is not responsible for the unauthorized use of the User's registration data by third parties.
6.6. The Copyright Holder makes every possible effort to ensure the normal operation of the Program website, but is not responsible for non-fulfillment or improper fulfillment of obligations under this License Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage resulting, inter alia, as a result of:
6.6.1. Illegal actions of Internet users aimed at violating information security or the normal functioning of the Program website.
6.6.2. Absence (impossibility of establishment, termination, etc.) of Internet connections between the User's server and the Copyright Holder's server.
6.6.3. Carrying out activities by state and municipal authorities, as well as other organizations within the framework of operational-search activities.
6.6.4. Establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by the specified entities of one-time restrictions that make it difficult or impossible to comply with this License Agreement.
6.6.5. Other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this License Agreement.
6.7. The Copyright Holder reserves the right to suspend the operation of the Program website for preventive maintenance, if possible at night or on weekends.
6.8. The Copyright Holder declares that at the time of the conclusion of this License Agreement, he is not aware of the rights of third parties that could be violated by granting the User the rights to use the Program under this License Agreement.
6.9. The Parties are released from liability for partial or complete failure to fulfill obligations under this License Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the License Agreement, or if the failure to fulfill obligations by the Parties was the result of extraordinary events that the Parties could neither foresee nor prevent by reasonable means. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that occurred through no fault of Parties, actions and acts of authorities adopted after the conclusion of the Agreement and making it impossible to fulfill the obligations established by this Agreement, and other unforeseen circumstances and events and phenomena beyond the control of the parties, but not limited to the above.
6.10. In the event of disputes or disagreements arising between the Copyright Holder and the User arising from this License Agreement or related to it, the parties will take all measures to resolve them through negotiations.
6.11. If it is not possible to resolve the disputes and / or disagreements that have arisen between the parties through negotiations ditch, then such disputes are resolved in the Nizhny Novgorod Arbitration Court.
7. TERM OF THE LICENSE AGREEMENT AND THE PROCEDURE FOR ITS TERMINATION
7.1. This License Agreement comes into force from the date of acceptance and is valid until the full fulfillment of their obligations by the parties, and in terms of the transfer of non-exclusive rights to the Program (licenses).
7.2. This License Agreement is an offer, and by virtue of the current civil legislation of the Republic of Kazakhstan, the Copyright Holder has the right to withdraw the offer in accordance with Art. 436 of the Civil Code of the Republic of Kazakhstan. In case of revocation of this License Agreement by the Copyright Holder during the term of its validity, this License Agreement is considered terminated from the moment of revocation. Feedback is carried out by posting relevant information on the website https://myrubikon.com
7.3. This License Agreement may be terminated early:
7.3.1. By mutual agreement of the User and the Copyright Holder.
7.3.2. At the initiative of the Copyright Holder in case of violation by the User of the terms of this License Agreement and its Annexes without returning any funds to the latter.
8. OTHER TERMS
8.1. The license under this License Agreement applies to all subsequent updates / new versions of the Program. By agreeing to install an update / new version of the Program, the User accepts the terms of this license for the relevant updates / new versions of the Program, unless the update / new version of the Program is accompanied by a different license agreement.
8.2. The Parties recognize any information relating to the conclusion of this License Agreement, including any appendices and additions to it, as a trade secret and undertake to strictly maintain the confidential nature of such information, not disclosing it to third parties without the prior written consent of the other party, except in cases where this is necessary for the purposes of this License Agreement or for disclosure to the relevant government authorities in cases specified by law. This provision does not apply to generally known or publicly available information.
8.3. The right holder has the right to unilaterally amend the terms of this License Agreement. Such changes to the terms of this License Agreement are effective from the date of their publication, unless otherwise specified in the relevant publication.
8.4. By accepting the terms of this License Agreement, the User confirms that he has legal grounds for processing his information using the Program.
8.5. All issues not regulated by this License Agreement shall be resolved in accordance with the legislation of the The Republic of Kazakhstan.