END USER LICENSE AGREEMENT ON COMPUTER PROGRAMM “Impression FX”
Before installing, copying or other using the computer program "Impression FX" (hereinafter– the Program) carefully review the terms of its use contained in this agreement (hereinafter– the Agreement). Installation, running or other starting of the Program use means proper conclusion of the Agreement and your full consent upon all its terms. If you do not agree to admit terms of this Agreement unconditionally, you have no right to install and use the Program and have to delete all its components from your device.
1. TERMS AND DEFINITIONS
1.1. In the text of the Agreement the following terms and definitions are applicable.
1.1.1. The computer program "Impression FX" (or – the Program) – the computer program allowing to create interactive presentations and video slideshow from "PowerPoint" and "PDF" documents. The Agreement extends to all versions of the Program: "Impression FX for PowerPoint" – for work with the "PowerPoint" documents and "Impression FX for PDF" – for work with the PDF documents and Impression FX PRO and also to the player installed along with the Program for viewing the created presentations: "IFX Player". The Program with all its components runs on the Windows operating system starting with the Windows 7 version.
1.1.2. The Owner – “Interactive Pro” Limited liability company, TIN 7811243790, BIN 1157847359416, registered at the address: 192029, St. Petersburg, Elizarova pr., 21A, suite 3-N.
1.1.3. The User – the person or entity using the Program on its device concluded the Agreement with the Owner for its own benefit or for the benefit of others in accordance with the requirements of the existing laws and the Agreement.
1.1.4. Partner – an organization acting under the agreement with the Owner and undertaking the sale of License keys to Activate the Program.
1.1.5. The Interactive presentation – the presentation created by the User using the Program. From physical standpoint, Interactive presentation is the folder with two files: <a presentation name>.ipp – the file of the presentation, and IFXPlayer.exe – a player for viewing the presentation. Viewing the Interactive presentation does not require installation of any programs, it is enough to copy the folder with the named above files on any computer with the Windows operating system and to run "IFXPlayer". The Interactive presentation created by means of the Program can be transferred to a video file format.
1.1.6. Activation code – is a unique set of symbols (the License key) provided by the Owner or Partner proving the purchase of Commercial License by User and intended to Activate the program in accordance with the Agreement.
1.1.6. Activation of the program – the action provided transitions of the Program to the Commercial License. The software activation requires installation of a License key and an Internet connection with the server of the Owner via the interface of the Program for the inspection and registration of License key. The user agrees to perform such activation process via the Internet.
1.2. Other terms used in the Agreement and/or in the relations arising therefrom shall be subject to interpretation in accordance with the laws of the Russian Federation, and in the absence of their interpretation in the laws– in accordance with the business practice and the scientific doctrine.
2. GENERAL PROVISIONS
2.1. Use of the Program by any means and in any form within the limits of its capabilities and destination creates the relations of the parties (the User and the Owner) under the Agreement in the form of accession agreement.
2.2. The Owner ensures that his legal relations with the author of the Program are completely resolved, and granted non-exclusive usage rights are free of claims of third parties.
2.3. When using the Program, the User undertakes to comply with the Agreement, the existing laws of the Russian Federation and international agreements.
2.4. In case of the User's disagreement with the current version of the Agreement, it shall stop using the Programimmediately and uninstall its components from its device.
2.5. The current version of the Agreement is always available on the Owner’s official site at: http://www.impression-fx.com/eng/license.html
2.6. The User undertakes not to use possible errors of a program part of "Impression FX" pursuing illegal purposes and has to inform the Owner about all mistakes revealed by it immediately.
2.7. The Owner is not responsible for any loss or damage of the User’s data, and other consequences of any nature, which may occur due to the breach of the Agreement by the User.
2.8. The User acknowledges and agrees that it should independently evaluate all risks connected with use of the Program including reliability assessment, completeness or usefulness of Interactive presentations and video files created by using Program services.
3. SUBJECT OF THE AGREEMENT
3.1. The Owner provides to the User the non-exclusive license for the Program use under the Agreement, and the User undertakes to observe terms ofthe Program use scrupulously.
3.2. The Owner has the right to carry out completion (modification), including release of updates for the Program without prior notice of the User for the purpose of improvement of consumer properties of the Program or correction of the revealed program mistakes, and in other purposes determined by the Owner independently.
3.3. Any actions of the User breaking Agreementterms irrespective of the way of misuse the Program, with a view to profit or without that, may be deemed by the Owner as breach of its property rights on the Programs (exclusive right) leading to consequences under the laws.
4.1. The owner grants to the User a non-exclusive limited right to store, copy, download, install, launch, demonstration of the Program and creating with the Program of Interactive presentations and video files ("Using") in condition of consent and compliance by the User of all terms and conditions specified in the Agreement.
4.2. The Owner grants to the user the right to use the Program on the basis of the Evaluation or Commercial Licenses.
4.3. Evaluation License.
4.3.1. If the Software licensed under an Evaluation License, as evidenced by the installation Program and the User's acceptance of this Agreement, the User may use the Program without time limits and without payment of remuneration, but all Interactive presentations and video files created by the User in this mode, contain the limiting words ("watermark").
4.3.2. Using of the Program in Evaluation License mode does not give the right for the User to use created Interactive presentations and video files for commercial purposes with the Program.
4.4. Commercial License.
4.4.1. If the Program is licensed under the Commercial License, what is confirmed by the Activation and acceptance of this Agreement, the User has the right to use created Interactive presentations and video files with the program in commercial purposes without any restrictions.
4.4.2. One purchased Commercial License (License key) for the Program gives to the User right to Activate one (1) copy of the Program on one (1) computer.
4.4.3. The right to use the Program under Commercial License provided to the User from the date of Activation of the Program. Term of granting of use under Commercial License can be 1 (one) month or 1 (one) year at the option of the User.
4.4.4. Each time of running the Program in the Commercial License mode creates a verification of the match between the User's computer and the License key. The User's computer is identified by the number of CPU and Motherboard. The User agrees to the condition that in case of replacing the CPU and (or) the Motherboard on the computer of the User action of Commercial License (License key) is terminated.
4.5. After the expiration of the Commercial License the Program automatically switches to an Evaluation License mode in accordance with the terms of the Agreement.
4.6. Resumption of use by the User of the Program under Commercial License is possible by purchasing a License key for a new term.
4.7. All Program objects, including design elements, the text, graphics, illustrations, program code, databases, and other objects, are items covered by exclusive rights.
4.8. The User is afforded the personal non-exclusive and non-transferable right to use the Program only on its device provided that neither the User nor any other persons with its assistance will not:
change the Program;
create derivative programs;
perform a sale, a concession, leasing, transfer to the third parties in any other form of the rights regarding the Program;
transform an object code of the Program to the source code (to decompile the Program), except of the cases directly provided in article 1280 of the Civil Code of the Russian Federation;
modify the Program, including for receiving unauthorized access to its components and services purpose.
4.9. Prohibited use of the Program on the serving devices in systems of automatic information processing (servers).
4.10. The Program interacts with third-party programming libraries which use is regulated by separate license agreements. Under no circumstances, the license terms of the Agreement do not extend to third-party libraries, modules and the other software interacting with the Program at its use.
4.11. The User undertakes not to break the rights of the third parties for intellectual property when creating the Interactive presentations or video files using the Program. The Program does not contain the pre-installed Interactive presentations or video files, and the User takes full responsibilityat their creation for breaking the intellectual rights of the third parties.
5. LIMITATION OF LIABILITY
5.1. The User understands and agrees that the Program is provided "as is" and that the Owner shall not be liable for any delays, failures, incorrect or untimely delivery, deletion or failure to store any information, including for reliability of the provided information.
5.2. For the purpose of improvement the Program functional features, the Owner has the right unilaterally, without the User notice to update the Program, its design and to modify the Program by other means. The Owner is not responsible to the User for usability feature, simplicity of the interface and other functional changes after modification of the Program.
5.3. The User agrees that the Program meets its requirements at the moment of adoption of the Agreement and will meet them later.
5.4. Under no circumstances the Owner or its representatives shall not be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including the lost profits or the lost data, damage to honor, to dignity or business reputation, due to the use of the Program even if the Owner warned or pointed to the possibility of such damages..
5.5. The User is personally responsible for information placed by the User in the Program for the purpose of creation of the Interactive presentations or video files. In case of filing against the Owner of any claims, complaints, penalizing it and so forth for information placed by the User in the Program, the User undertakes to refund to the Owner all losses suffered by it.
5.6. The User realizes that as there is a set of possible configurations of computer systems on which the Program can be used, the Owner has no opportunity to test them and to guarantee availability of the Program and interactive presentations on all computer systems depending on a system configuration.
5.7. The Owner is not responsible for non-execution or unduly execution of the obligations under the Agreement owing to failures in telecommunication and energy networks, actions of harmful applications, and unfair actions of the third parties directed to unauthorized access and/or disabling software and/or hardware of the Performer.
5.8. Neither the User, nor the Owner are responsible for full or partial non-execution of any of the obligations if non-execution is a consequence of the force majeure circumstances which arose after conclusion of the Agreement regardless of their will. In case force majeure circumstances act for more than 3 (three) months, any party under the Agreement has the right to refuse execution of the obligations and to terminate the Agreement unilaterally.
5.9. The Owner, under no circumstances is not responsible to the User for any penal, direct, accidental, indirect, special or next-following losses arising from use of the Program even if the Owner was informed on possibility of such losses. Anyway, total responsibility of the Owner to the User, for damage, losses or necessary actions, according to article 15 Civil Code of the Russian Federation is limited and cannot exceed 1000 (One thousand) rubles.
5.10. The User undertakes to protect, exempt the Owner from liability and losses and other costs incurred in connection with use of the Program or Agreement terms breaches.
6.1. Any objects received using the Program can be subjects of confidential information, however, the User itself takes measures for such information security on its device, including, both technical, and organizational and legal measures.
6.2. The Owner does not perform gatheringany User’s information, User’sactions and particulars of usage of the Program specific copy.
6.3. Personal data, both the User’s, and the third parties’, and also confidential information can be added to the Interactive presentations or video files by the User, however the Owner does not gather and store such data, and also cookie files of the User.
7. FINAL PROVISIONS
7.1. When finding breach of the Agreement and/or the existing laws of the Russian Federation, and/or international law, the person who revealed the breach fact shall immediately report it to the Owner by e-mail to the address: email@example.com
7.2. Any appeals to the Owner upon use of the Program are acceptedin writing to the address: 192029, St. Petersburg, Yelizarov Ave., 21A, room 3-N, addressed to the CEO of LLC “Interactive Pro”.
7.3. The parties will seek to resolve any disagreements and disputes, which may arise between them under the Agreement through the pre-trial process by negotiations sending claim letters. The term of the answer to a claim – 10 (Ten) working days. Claims of the User are accepted and considered by the Owner only in writing.
7.4. If parties for any reasons do not agree through the pre-trial process, the dispute following from the Agreement is subject to consideration in Arbitration court of St. Petersburg and the Leningrad region.
7.5. All relations arising in connection with use of the Program are governed by the laws of the Russian Federation.
7.6. The text of the Agreement is executed in Russian and English originals, the acceptance of the Agreement by the User means that the User understands the text of the Agreement and it does not need a translation of the Agreement into any other language. In case of necessity of translation the User shall translate the Agreement into the necessary language independently and at its own expense, provided however in case of any conflict between the User versions of the Agreement, the Russian version shall prevail.