License Agreement for CarryMap Apps

IMPORTANT! READ CAREFULLY!

 

This End-User License Agreement (“Agreement”) is a legal Agreement between you (“Customer”) and Data East, LLC (“Licensor”) for “CarryMap” software (“Software Product”) that accompanies this Agreement, including any associated media, printed materials and electronic documentation. The Software Product also includes any software updates, enhancements, modifications, revisions, add-on components, stencils, templates, shapes and/or supplements that Licensor may provide to Customer or make available to Customer, or that Customer may obtain from the use of features or functionality of the Software Product after the date Customer obtained the initial copy of the Software Product to the extent that such items are not accompanied by a separate license Agreement or terms of use. By accessing, copying or using the Software Product, Customer agrees to be bound by the terms of this Agreement. If you do not agree with the Agreement terms and conditions as stated, do not use the Software Product. Use of the Software Product in contravention and/or failure of any terms of the Agreement are forbidden by applicable international laws and laws of Russian Federation.

 

CUSTOMER RIGHTS

 

In accordance with the terms of this Agreement, the Licensor grants the Customer following worldwide non-exclusive rights:

  • use the Software Product at any time on your Compatible Device (Mobile Device that conforms to the system requirements of the Software as specified in the Documentation) only in accordance with the terms and conditions of this Agreement;
  • make copies of the Software Product in machine-readable form and duplicate the accompanied documentation in the form of hard (or electronic) copies for any purposes, that do not conflict with the terms and conditions of this Agreement;
  • refine and configure the Software Product by combining it with other software. The components of derivative incorporated Software Products, which are the Software Product, also are a subject of the given Agreement.

 

LIMITATIONS

 

In accordance with the terms of this Agreement, the Customer agrees and accepts the following limitations on the use of the Software Product:

  • Customer may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software Product;
  • Customer may redistribute the Software Product, including its components or DLLs to third parties, provided that such third parties accept and agree to use the Software Product exclusively in accordance with the terms and conditions of this Agreement;
  • Customer may not sell, rent, lease, lend or time-share Software Product;
  • Customer shall not undertake the measures directed at a bypass of protection frames or restrictions of access, built in the Software Product;
  • Customer shall not alter or remove, or obscure any copyright, trademark, or proprietary rights notices contained in or affixed to Software Product or its components;
  • Customer shall not divide the Software Product into components or parts for the purpose of separate use or transfer to the third parties.

 

Third Party Content

 

The Software Product may allow you to access and interoperate with third party content, maps and data services ("Third Party Content"). Your access to and use of any Third Party Content, including any services or information, is governed by the terms and conditions respecting such content and copyright laws of the Russian Federation and other countries. Third Party Content is not owned or provided by Licensor. You agree that you will not use any of such Third Party Content in violation of applicable copyright laws. Licensor does not control, endorse, or accept responsibility for Third Party Content. Any dealings between you and any third party in connection with a Third Party Content, including such party's privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. EXCEPT AS EXPRESSLY AGREED BY LICENSOR OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF LICENSOR AND THIRD PARTY CONTENT IS AT YOUR OWN RISK UNDER THE “WARRANTS” AND “DISCLAIMER OF CERTAIN TYPES OF LIABILITY” SECTIONS.

 

WARRANTS

 

  • Licensor warrants that Software Product shall not have any functionality that has not been disclosed to Customer:
  • Licensor warrants that documentation delivered with the Software Product contains the necessary information to install and use;
  • Licensor does not warrant that the Software Product will meet Customer’s needs, or that Customer’s operation of the same will be uninterrupted or error free, or that all nonconformities can or will be corrected;
  • Licensor has established appropriate checks and controls over the Software Product and warrants that the Software Product is free from any computer "virus", malicious program code, Trojan horse, worm, or other disabling device, code, design or routine which self-replicates or causes the Software Product to be erased, become inoperable or otherwise restrict the use of the Software Product or whose purpose or effect is to disrupt, damage or interfere with any use of Customer’s Compatible Device or that will provide unauthorized access to Customer’s Compatible Device.

 

TERMS AND TERMINATIONS

 

  • The given Agreement remains effective perpetually in consideration of appropriate restrictions applicable by the active legislation of Russian Federation and relevant international agreements;
  • Without prejudice to any other rights, Licensor may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement;
  • Upon termination of the Agreement Customer must delete all copies of the Software Product and all of its component parts or give written guarantee that all copies have been deleted.

 

DISCLAIMER OF CERTAIN TYPES OF LIABILITY

 

THE SOFTWARE PRODUCT AND ITS COMPONENTS IS DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. LICENSOR, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE PRODUCT OR OTHER THIRD PARTY CONTENT. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

  • In no event shall Licensor be liable to Customer for costs of procurement of substitute goods or services; lost profits; lost sales or business expenditures; investments; or commitments in connection with any business, loss of any goodwill, or for any indirect, special, incidental or consequential damages arising out of or related to this Agreement or use of the Software Product;
  • The Software Product is not fault tolerant, is not developed and not intended for use at a risks assessment at insurance, or use at critically important for health and safety operations or operational management by the equipment at realization of the dangerous operations demanding fault-resistant operation. The Licensor does not give any warranties of possibility of usage of the Software Product in the types of activity demanding stability to failures. The Licensor does not warrant possibility of use of the Software Product in activities that require fault tolerance;
  • Except for the above express limited warranties Licensor disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties of merchantability, fitness for a particular purpose, non-interference, system integration and non-infringement.

 

 

This Agreement establishes certain legal rights. You may have additional rights according to laws of your state or country. This Agreement does not change your rights provided by laws of your state or country if it is not supposed by laws of your state or country.

 

© 2018, Data East, LLC