End-User License Agreement
This agreement was developed in accordance with the requirements of current legislation and aims to regulate the relationship between the Owner of the software and its Users.
1. Concepts and terms used in this Agreement
1.1. For purposes of this Agreement the following concepts and terms are used in the following meaning:
1.1.1. Website - the information contained in the information-telecommunication network from particular network address, together with a set of exclusive rights (domain names, databases and computer programs), which provides access to such information. For purposes of this Agreement the Internet site that may use Users is the site located on the Internet at: http://dlassistant.net and its derivatives;
1.1.2.. Offer - this document, published on the website http://dlassistant.net.
1.1.3. The Software owner/Owner - Orsatano Inc. owning a Website and Software specified in paragraph 1.1.1., 1.1.5. of this Agreement and providing it to the Users to use of this web site;
1.1.4. User - a natural or legal person (or his representative) who has accepted the Offer and who are the consumers of services under the Agreement.
1.1.5. Software - Program-loader that performs loading and running necessary for the user file.
1.1.6. Application (additional modules) for a Software - is software that extends the base functionality of the User's browser, the installation of which is performed by the User at the time of installation of the Software.
1.1.7. The service in the use of software (Soft-as-a-Service)- is a service which is expressed in giving the Consumer the possibility of using software Owner by providing access to the software via the Internet and engage in other actions stipulated by the Agreement.
1.1.8. Parties - the Owner and the User in the framework of this offer.
1.2. The Agreement can be used concepts and terms that are not defined in clause 1.1. of this Agreement. In these cases, the interpretation of concepts and terms is in accordance with the text and meaning of this Agreement. In the absence of unequivocal interpretation of the term in the text of the Agreement should be guided by the interpretation of concepts and terms in accordance with civil legislation of the Russian Federation.
2. The subject matter of this User agreement
2.1. Subject to this User agreement is the provision by the Owner to the User of the Software and applications (additional modules) to him, as well as other related services, to use it for personal purposes.
2.2. Services are provided through allocation by the Owner to the User resources on the server and grant the User access to these resources via the Internet needed to use the software in accordance with the selected tariff plan.
2.3. Owner's responsibilities are limited to the terms of this Agreement. In particular, the responsibility of the Owner is not providing services to the User by providing access to the Internet, setup and/or Troubleshooting computer
equipment and software, as well as User training and/or staff User software and hardware.
3. The rights and obligations of the Parties to this User agreement
3.1. The Owner has the rights:
3.1.1. to control Users, in particular to monitor the quality the use of the Software;
3.1.2. to publish on its Website all changes and additions to this Agreement;
3.1.3. to refuse to provide Services in the following cases:
● The User creates a threat to the security and defense capability, health and
the safety of people on the territory of the Russian Federation;
● the provision of Services is not possible due to physical, topographical or other natural obstructions;
● The User denies payment for Services rendered or refuses to perform the terms Services;
● User of the software used by the User is using the Services illegally or unlawful manner, thereby causing damage to the Owner or third parties;
3.1.3. To exercise other rights stipulated by this Agreement.
3.2. The Owner is obliged:
3.2.1. to publish on its Website all changes and additions to this Agreement;
3.2.2. to ensure trouble-free operation of the Software.
3.2.3. to perform other duties specified in this Agreement.
3.3. The User has the rights:
3.3.1. to listen the music, posted on the Website, free of charge;
3.3.2. to check the progress of the Services, without interfering in the activities of the Owner, by sending requests for information;
3.3.3. to exercise other rights provided for in this Agreement.
3.4. The User is obliged:
3.4.1. to refrain from actions specified in paragraph 3.1.3. of this User agreement;
3.4.2. to perform other duties specified in this Agreement;
3.4.3. to carefully read this Agreement and its annexes including tariffs, before signing the Agreement;
3.4.4. to comply with the requirements set forth in this Agreement and its annexes, which are an integral part of this Agreement;
3.4.5. Full responsibility for compliance with license conditions and other restrictions of activity the User is on their own.
4. Copyright and related rights
4.1. The Software owner is not responsible for the actions of the User associated with the use of objects of copyright and related rights in which he is not entitled. Responsible for the placement of objects of copyright are held directly by the person who placed them.
4.2. All claims and demands associated with the authorship and the copyright rights to it are presented directly to the User, making its misuse. Claims and demands to the Owner of the Website are not allowed.
5.1. During the term of this Agreement, the Owner will make all efforts to resolve technical faults and errors, if they occur when the User is using the Software. The Owner does not guarantee the complete absence of technical errors and failures for reasons caused by faulty hardware, buggy software developers.
5.2. The Owner is not responsible for the inability to use the software, if it is caused by factors outside its competence specified in this Agreement, including the quality of the communication lines of the User and the provider, software installed on a computer User's hardware, software, third party products, including those used by the User for content preparation, incompetent actions of the User and the end-users and other
5.3. Except for the warranties expressly set forth in this Agreement, the Owner makes no other warranty, Express or implied under this Agreement.
6. Technical support
6.1. Technical inquiries and complaints related to the provision of Services may be transferred to the Owner via the feedback form on the website http://dlhelper.com and e-mail technical support service email@example.com).
7. Extrajudicial dispute resolution
7.1. The parties hereto have set a pre-trial claim about the settlement of differences and disputes. Time to answer filed a written claim is up to 60 (sixty) working days from the moment of its direction.
7.2. In case of failure to reach agreement on contentious issues dispute arising out of this User agreement, subject will review by the court in accordance with the current legislation of the Russian Federation at the location of the Software Owner.
8.1. The parties agreed to maintain the confidentiality of any information received by one party against another in the course of execution of obligations under this Agreement.
8.2. To information, recognized in accordance with this Agreement confidential, and may not include information, which is in accordance with the requirements of the Russian legislation the public, including licenses.
8.3. For breach of confidentiality under this Agreement, the party committing such breach shall compensate the other party incurred by it in connection with this violation incurred direct losses.
8.4. The provisions of this article shall not apply to cases where either party hereto is required to disclose confidential information to the competent authorities in accordance with legal requirements.
9. Liability of the Parties
9.1. For non-performance or improper performance of obligations under this Agreement the Owner and the User shall bear responsibility in accordance with the terms of this Agreement and applicable laws of the Russian Federation.
9.2. The User is solely responsible for the content data, content and/or Users on the Internet using the software of the Owner for its accuracy, purity from claims of third parties and the legitimacy of its distribution. The Owner is not responsible for the content posted by the User.
9.3. The User, using Internet-based services, independently and be fully liable for damage caused by his acts (in person, by the User or by the third parties) to the person or property of citizens, legal persons, state or moral principles of society.
9.4. The Owner shall not be liable to the User and third parties for the impossibility of providing the Service for any inherent reasons, including the failure of equipment, failure to comply with the obligations of service providers (failure to provide electricity), and for delays and disruptions, caused directly or indirectly by reason, which is beyond the responsibility and control by the Owner.
9.5. The Owner is not responsible for the quality of telecommunication and communication lines.
9.6. The Owner is responsible for damages incurred by the User and third parties resulting from the use or disuse of the contractor's Services only if proven guilty of direct action or inaction of the Owner.
9.7. Owner under any circumstances shall not be liable under this Agreement for:
● any actions and/or inactions, which is the direct or indirect result of the actions/inactions of any third party;
● any indirect loss and/or loss of benefit of the User and/or third parties, regardless of, could the Owner to anticipate the possibility of such damages or not.
● using (loss of using) and any consequences of using (not using) User-selected form of payment for Services under this Agreement.
9.8. The Owner is exempt from liability for breach of this Agreement if such breach is caused by force majeure.
9.9. The User assumes all responsibility for:
● compliance with all requirements of the legislation, including legislation on advertising, on the protection of copyright and related rights, on the protection of trademarks and service marks, but not limited to, including full responsibility for the content and form of the content that the User sets (can be set) to forward the hyperlink to content, other actions undertaken by them as an advertiser and/or advertisement;
9.10. The User undertakes its own and at its own expense, to resolve any disputes and to settle all claims of third parties, the requirements of the competent state and municipal Executive authorities, as received in the User's address and the address of the Owner in case with the placement and/or other use of the content under this Agreement and /or materials that are referenced by the content, and to compensate for all losses and expenses incurred by Owner in connection with such claims.
9.11. If the User breaches the terms of this Agreement, the Owner shall be entitled to suspend the Services until the User corrects the violations and redress (compensation) incurred by the Owner of such infringement damages in full and/or terminate this Agreement without notice to the User.
9.12. The user may use the software only within the limits of those rights and the ways of this Agreement. The right to use the software that is not explicitly specified in this Agreement is not considered to be provided to the User.
9.13. The parties agreed that disputes sufficient proof of services rendered are electronic data statistics of the Owner, are available in electronic form and transmitted to the User by e-mail.
9.14. This Agreement, its conclusion and the execution conditions are governed in accordance with the current legislation of the Russian Federation.
10. Force majeure
10.1. Each of the parties shall be released from liability for partial or full default of obligations under this Agreement, if it can prove that it was a consequence of force majeure arising after the conclusion of this Agreement as a result of extraordinary events, such as: fire, explosion, flood, earthquake, strike, military actions, decrees of the Government or the President of the Russian Federation, Federal and local authorities, and other circumstances of force majeure, that party could not to foresee nor prevent, or take circumstances into account when concluding this Agreement.
10.2. The exemption is valid only for the period during which there is evidence of force-majeure circumstances and their consequences.
10.3. Upon the occurrence and cessation of force majeure the affected party shall promptly notify them in writing to the other party.
10.4. The notice shall contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances, and giving an estimate of their impact on the possibility of enforcement by a party of its obligations under this Agreement, as well as the expected duration of its execution.
10.5. The existence of force majeure circumstances, their impact and duration must be documented by an official of the competent authority or representative of a party.
10.6. In the above cases, the period of performance of the parties obligations under this Agreement increases in proportion to the time during which such circumstances and their consequences.
10.7. If this force-majeure circumstances and their consequences continue to act for more than two months, the parties shall conduct additional negotiations to identify an acceptable alternative methods of execution of this Agreement.
10.8. If the onset of the force majeure circumstances continue
act six or more months, each party has the right to refuse to perform obligations under this Agreement.
11. The term of this Agreement
11.1. This User Agreement is effective upon its posting on the Internet on the Website.
11.2. The user is deemed to have accepted the terms of this User agreement from the moment of registration on the website.
11.3. This User agreement is concluded for an indefinite term and may be terminated by the Owner of the web site or the User unilaterally.
11.4. In the case of changes in the User agreement, such amendment shall be effective upon publication of the new edition of the User agreement on the website, unless a different period is the change to take effect not determined when they are published.
12. Other conditions
12.1. On additional services not listed in the Agreement, but covered by this Agreement, and under special conditions of execution of this Agreement do not require the signing of additional agreements. The parties agree that the implied action is the mark of proposed advertising products (programs and/or installation of the home page) that are sufficient to obtain such services. The duration and conditions of any additional services and special conditions of execution of this Agreement are set in accordance with the term of this Agreement.
12.2. If any of the terms of this Agreement is declared invalid or illegal or may not enter into force in accordance with the current legislation of the Russian Federation, such a condition is invalid and is deleted from this Agreement and replaced by a new provision that best meets the original intention contained in this Agreement, the remaining provisions of this Agreement shall not change and shall remain in force.
12.3. The failure of this or any other rights under this Agreement, authority or intention under this Agreement shall not constitute any waiver of the Owner of the terms and conditions of this Agreement in the event of the following violations or waiver of its rights to require compliance with the terms of this Agreement at any time thereafter.
12.4. This agreement constitutes the entire agreement between the Owner and the User. The Owner assumes no conditions and obligations in respect of the subject of the offer, except as specified in this Agreement, except when such conditions or obligations recorded in writing and signed by authorized representatives of the Owner and User. If any conditions of the application or additional agreements to this Agreement conflict with the terms of this Agreement, the provisions of this Agreement will prevail.
12.5. The Owner shall not be liable for any damages of any kind incurred by any User in connection with the actions of third parties arising from the use of the Software.