1.1. In this Agreement, the following terms and definitions are used equally in singular and plural in the following definitions, unless otherwise follows from the context of the relevant provisions:
The Contract means the license (sublicense) contract, concluded between the Client and the Right-holder, or person acting under deals (agreements, contracts) with the Right-holder, or persons acting in his interests, whereby the Client is entitled to use the copy (copies) of the Software. This Agreement is an integral part of the Contract and constitutes with it a single whole;
The Personal area means (a) the section of the Site available to the Client (in case of the acquisition of Software on SaaS model) or (b) the section of the internal portal of the Client (in case of the acquisition of Software on-Premises) placed on the resources of the Client. The Personal area is managed by the computer program “Addreality Manager” available to the Client by entering the Client’s registration data (user name/ password);
The Client means a legal or natural person who has entered into the Contract for purposes of getting a copy (copies) of the Software and its using on the terms of this Agreement;
The Right-holder means limited liability company “Addreality” (OGRN 1137847149626);
The Software means the complex software “Addreality” (computer program “Addreality Platform”), consisting of three computer program the “Addreality Player”, the “Addreality Designer” and the “Addreality Manager”. Where “Addreality” is a management program for all computer programs mentioned above and can run one or more “Addreality Player” instances. All exclusive rights for the Software are belong to the Right-holder according the law and (or) the related deals (agreements, contracts);
The Site means the website in the Internet, located at addreality.com, all rights for its administration are hold by the Right-holder.
The Agreement means this End-User License Agreement for Software usage, which defines the order of using of the Software, included as a component (shrinkwrap license), on a simple (nonexclusive) license basis, accepted by the Client upon installing and (or) starting of Software usage;
The Territory means the territory within the administrative border of the Russian Federation, unless otherwise provided by the Contract;
The Device means an owned or legally held and (or) used technical device (a personal computer, a terminal, etc.) by which the work and execution of functions, and (or) presentation of the results of the Software are performed.
2.1. This Agreement shall define the order of using of the Software by the Client, ways of using, Territory and term of its using.
2.3. The right to use the Software shall be granted to the Client under terms of this Agreement and the Contract under simple (non-exclusive) license. The Right-holder shall have the right to conclude any other agreements similar to this one with any third person regarding to the Software.
2.4. The Client or persons acting in his interests or upon charge shall examine this Agreement prior to its acceptance and then accept it while downloading of the distribution of the Software and (or) while installing of the Software on the Device. In case of disagreement with the terms of this Agreement, the Client shall immediately stop using the Software and delete all copies of the Software (as well as its distributions) from the Devices.
2.6. The Right-holder is holder of any and all exclusive and other related rights to the Software. The Client may use the Software only in the manner prescribed in the article 3 of this Agreement. The rights to use the Software which are not directly set forth in the article 3 of this Agreement shall be considered as not granted to the Client.
Since the Contract does not prescribe otherwise, the Client shall have the right to use the Software in the following ways:
3.2.Without prior written acceptance from the Right-holder the Client may not use the Software in other ways that are not listed in this article, namely: the Client may not to reproduce, copy, process and in other ways use the Software (or any its elements) in commercial or non-commercial purposes. The Client is not entitled to decompile and (or) disassemble the Software, as well as not entitled to carry out the adaptation of the Software for the purposes of its duly performance on the Device, as well as not entitled to entrust the implementation of such actions to any third persons. Likewise, the Client has no right to transfer distribution of the Software or the Software itself to any third persons, as well as not entitled to burden the Software with any rights of any third parties in any other ways, including providing access to the Software to such party except where otherwise provided by paragraph 2.4. of the Agreement.
3.7. The Client shall be entitled during the term determined in the paragraph 3.6 of this Agreement to use, including to reproduce, store, modify, create, edit and run by means of the Software only licensed content (include, but not be limited to photos, text, any images, videos and audio recordings) for which the Client has all appropriate exclusive rights. In case of receiving claims (actions etc.) from any third party regarding the breaching of such third party exclusive rights as a result of the Client’s use of unlicensed content by means of the Software, the Right-holder shall has the right to terminate the Client’s access to the Software on SaaS model at any time and (or) to unilaterally terminate this Agreement and the Contract. The Client shall compensate to the Right-holder all losses and damages (including loss of profits) that the Right-holder has incurred due to breaching of the terms of this paragraph by the Client. All received under this Agreement and (or) the Contract money fund are nonrefundable and shall rely as the penalty for breaching of this Agreement by the Client. The Right-holder under no circumstances shall be responsible for any breach by the Client of any rights of third parties when using the Software.
By uploading, reproducing or otherwise using of any content (include, but not be limited to photos, text, any images, videos and audio recordings) via the Software the Client confirms that it has all the required legal capacity to perform such actions, including the right to publicize and that such using does not and will not violate the rights or legitimate interests of the copyright holders and third parties. The use of nor licensed content via the Software shall be deemed a violation of this Agreement.
6.3. The Right-holder may at any time in its sole discretion to make any changes (amendments) to this Agreement, bringing such changes (amendments) to the Client by extension of this Agreement, included in the Software, and (or) by posting such changes (amendments) in the Personal area (on the Site at https://addreality.com/en/eula/Addreality-EULA.pdf). In case when the Client continued use the Software after any changes (amendments) of this Agreement, that rely by the Parties as full and unconditional acceptance of such changes (amendments) by the Client. In case of disagrees with such changes (amendments) the Client shall immediately delete the Software from the Devices and stop using the Software ever after. All received under the Agreement and (or) the Contract money fund are non-refundable.