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AGREEMENT on granting the right to use
This agreement on granting the right to use any of 2gosoft Software (hereinafter referred to as the "Agreement") constitutes a contract between 2gosoft.com, (hereinafter referred to as the "Company"), and you (hereinafter referred to as the "User"). The Company and the User may be referred to collectively as the "Parties".
This Agreement contains definitions and conditions under which the User has the right to use any of our software.
This Agreement is published on the site http://www.2gosoft.com and its conditions must be read and accepted by the User upon acquiring the right to use any of our software.
TERMS AND DEFINITIONS
All terms given in this section of the Agreement shall have the following meaning for this Agreement only, and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement.
Software means the software being purchased at this time and which right to use, distribute and sublicense is owned by the Company on the conditions of a simple non-exclusive license.
Domain Name means a unique alphanumeric name intended to identify a resource on the Internet.
Server means a computer to which the Software is installed.
License means the right to use the Software (one copy) on one Server provided by the User to Company.
License Agreement mean the agreement to use the Software made between the copyright owner and the User, which is a contract of adhesion and which conditions must be accepted by the User upon obtaining the License, and which is available on the Official Website of the Company at http://www.2gosoft.com
License Domain Name means the Domain Name for which the User obtains the License, and which is provided by the User to the Company upon obtaining the License.
Official Website of the Company means the website of the Company available at http://www.2gosoft.com.
Help Desk System means the software installed on the Official Website of the Company and available at http://www.2gosoft.com/client.
Company's Payment System means any of electronic payment systems in which the Company is registered.
Confidential Information means the contents of the Software (source code) as well as other information about the Software that the Company may deem confidential.
1. SUBJECT OF AGREEMENT
According to the conditions of this Agreement, the Company provides the User with the License under a simple non-exclusive license on the territory mentioned in Section 8 of this Agreement, provided that the User declares the number of Domain Names for which the License is obtained and through which the Software will be available on the Internet, and the User shall pay the Company the compensation stipulated by this Agreement.
This Agreement is considered concluded only after the User has fulfilled the following conditions:
2. PRICE AND ORDER OF PAYMENT OF COMPENSATION
The Company provides the User with the License only after the User has paid the compensation which amount is defined on the Official Website of the Company at http://www.2gosoft.
The compensation is paid by the User through the Company's Payment System or via a direct wire transfer to the bank account of the Company based on the invoice issued by the Company.
3. RIGHTS AND OBLIGATIONS OF PARTIES
The Company has the right to:
The Company shall:
The User shall:
4. EXCLUSIVE RIGHTS
The Company owns a non-exclusive license for the Software, as well as the Company has the exclusive right to its own registered trademarks.
5. CONFIDENTIALITY AND PERSONAL INFORMATION
The User pledges not to disclose the Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect the Confidential Information.
The Parties guarantee the confidentiality of all the information (received in oral or written form) related to the business of the other Party, except for the information that is generally known or already available to the public.
If the Confidential Information becomes available to a third party through the fault of the User without a written consent of the Company, the User shall indemnify the Company for all suffered damages.
The Company guarantees that personal information and other personal data provided by the User for the purpose of executing Section 1 of the Agreement will be used by the Company solely for the purposes of executing this Agreement. Such information is not subjected to transfer to any third parties.
6. WARRANTIES AND LIMITATIONS
The Software is provided "AS IS" with all possible malfunction and in the state that is actual by the time the User pays the compensation to the Company.
Under no circumstances the Company guarantees error-free and uninterrupted performance of the Software and that the Software will meet the requirements of the User as well as the Company disclaims any other warranties to the extent to which it is permitted by the effective law.
The User assumes all the risks related to the performance and the Use of the Software, including the risk of not getting the expected profit from the Use of the Software, the risk of a software failure after the Software is installed, etc.
Under no circumstances the Company is liable to the User for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the Use of the Software or impossibility to Use the Software.
In the event that the law of the User's country concedes no limitation of liability, or the liability of the Company is recognized by the competent court, the Company will be liable only for actual damage incurred from Using this Software if the damage is caused by a tort of the Company, or if the damage is caused by the reasons that the Company knew or should have known. The maximum amount of liability of the Company is limited to the amount of the compensation that the User paid for the License.
8. TERM AND TERMINATION OF THE AGREMENT
The Agreement comes into effect on the date of fulfillment of all the conditions stipulated by Section 1 of this Agreement and is effective until terminated. The Agreement and the License are terminated immediately after the User violates any part of this Agreement without any additional notice from the Company. And the User consents to immediately remove the Software together with all copies, modifications and upgrades, or any Software-based Derivatives.
The territory for this Agreement shall be the entire world. The User has the right to terminate the License at any time by discontinuing the Agreement and removing the Software together with all copies, modifications and upgrades, or Software-based Derivatives along with sending an appropriate notification to the Company not less than 3 (three) business days before the termination date. The Agreement will be deemed terminated from the date the Company receives the notification from the User.
In all cases, termination of the License and the Agreement deprives the User of the right to claim the return of the compensation paid to the Company as well as any other indemnification, except for the case provided by the Company’s policy on refunding the compensation paid by the User for the License. The contents and the conditions of the compensation refund policy are available on the Official Website of the Company at http://2gosoft.com.
9. FORCE MAJEURE
Neither party shall be liable for any failure to perform any of its obligations hereunder due to causes beyond its reasonable control, such as fires, strikes, insurrections, riots, embargoes, natural and man-made disasters, delays in transportation, guidelines from civil or military authority.
Each Party shall provide the other Party with a prompt notice of force majeure. Such a notice shall contain detailed information about the applicable circumstances.
If a Party's performance is delayed for a period of more than four (4) weeks due to force majeure, the other Party may terminate this Agreement by sending a notification about termination of this Agreement to the other Party's email. Neither Party shall be liable to the other Party if the Agreement is terminated due to force majeure.
10. DISPUTE SETTLEMENT PROCEDURE
The User acknowledges that the Company may suffer damage if the conditions of this Agreement are not respected, and therefore the User agrees that the Company has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
11. FINAL PROVISIONS
This Agreement complies with the effective law of the United States of America and international agreements on copyright and intellectual property. The appropriate law to interpret this Agreement and all relationships coming from the scope of the Agreement is the substantive and the adjective law of the United States.
If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.
The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement.
The User acknowledges that before paying the compensation, he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions.