The present License Agreement is the legal agreement between you and Pilot Group Ltd.
Pilot Group Ltd exercises and enforces all rights and responsibilities regarding the software product disposition on behalf of the rightholder in full.
The license for the purpose of this Agreement is defined as the program code of software product by Ltd "Pilot Group".
The software package includes set of scripts, and may include associated media, printed materials, and "online" or electronic documentation, such as administration and installation manual. By purchasing, installing, copying, downloading, accessing or otherwise using the software products, you agree to be bound by the terms of this License Agreement.
1. THIS LICENSE AGREEMENT GRANTS YOU THE FOLLOWING RIGHTS
1.1. In accordance with the terms of the present Agreement and for remuneration, Pilot Group Ltd provides you with the right to use one copy of the software product. The present license is unexclusive (ordinary). For the granted right to use the software product you pay Pilot Group Ltd the license fee in the amount indicated for the corresponding license on the software product site. Payments are made by placing an online order on the software product site or by any other convenient way previously agreed on by the Parties. The Software Product will be delivered to you as download link, e-mail attachments or via other Internet means after the payment is approved by payment processing system and received by Pilot Group Ltd in full.
1.2. This license authorizes the Licensee to install and use a single copy of the "Software Product" on a single domain name without connecting to other domain names or subdomains. If the Licensee installs additional copies, even if such additional copies are located on the same domain and/or the same IP address such usage is prohibited except for the cases indicated in the clause 1.2.1. of the present Agreement. Setting the redirect, referring the main domain where the "Software Product" is installed to other domain or a subdomain of other domain, and setting the redirect, referring a subdomain of the main domain to any other domain or a subdomain of other domain is forbidden, except for cases indicated in the clause 1.2.2. of the present Agreement.
1.2.1. Installation of the additional copy / copies of the "Software Product" is only allowed in the case of purchasing the license that provides installation on several servers (hereinafter referred to as Multi Server license).Multi Server license provides the opportunity to have a set number of licenses installed under different domain names, the software files may be located on different servers, directories, IP addresses. The terms of the purchasing of Multi Server license and additional information are available on the advertising site of the "Software Product".
1.2.2 Setting the redirect, referring the main domain where the "Software Product" is installed, to other domain or a subdomain of other domain, and setting the redirect, referring a subdomain of the main domain to any other domain or a subdomain of other domain is only allowed in the case of purchasing the license that provides installation under different domains (hereinafter referred to as Multi Domain license). Multi Domain license provides the opportunity to have an unlimited number of domain names associated with one single database and one copy of the script (including redirects from one domain name to another). The terms of purchasing the Multi Domain license and additional information are available on the advertising site of the "Software Product".
1.3. You may use the open code of the software product for personal purposes only: for making necessary modifications in the software product or adding necessary functions. Selling, licensing, giving away or otherwise distributing the open code of the Software Product in full or its scripts (parts) is prohibited except for the cases indicated in the clause 2.2.1. of the present Agreement. Nor may you use this source code, in full or any script (part) thereof, as part of another program that you either sell, license, give away, or otherwise distribute via any method.
2.1. All rights for the Software Product, including any source code, images, photographs, animations, and text incorporated into the Software Product, the accompanying printed materials, and any copies of the Software Product, are protected by the current legislation as items of intellectual property. Any customization, translation, modification, or revision of the source code of the Software Product does not grant the right to sell, license, give away, or otherwise distribute such source code either in full or any part of it. Creation of other products based on this Software Product or usage of the source code is prohibited.
2.2. For the purposes of this License Agreement, copyright infringements include the acts of selling or giving all or any part of the source code contained in this "Software Product" to a third party except for the cases indicated in the clause 2.2.1. of the present Agreement. Copyright infringements under this License Agreement shall include the use of all or any part of the source code to create derivative works, and also the act of appropriating any of the concepts, techniques, programming methods, or algorithms contained in the source code of the "Software Product", as well as modification or obfuscation of the source code of the infringing product so as to appear different from the source code of the "Software Product". Access to the source code of the "Software Product" by the infringing party shall constitute the proof of copyright infringement under this License Agreement regardless of whether aforementioned conditions have been satisfied.
2.2.1. The Licensee may transfer (grant) the granted right of Software use and directly a copy of this Software product to a third party under unexclusive (ordinary) license according to the sublicense agreement. In order to exercise the above mentioned right the Licensee shall receive a written permission of the Licenser. The number of copies of the Software product transferred by the Licensee under sublicense agreement is determined by the number of copies purchased by the Licensee from the Licensor. The spread of a greater number of copies of the Software product shall be considered an infringement of the copyright rights of the Licensor.
2.3. You are authorized to use open source code of the software product only for personal purposes: for implementing necessary changes into the software product or adding necessary functions. Sale, licensing, transfer and any other code distribution is forbidden. You may not use open source code of the software product and its separate scripts (parts) as components of other programs which are sold, licensed, transferred or distributed in any other way.
2.4. The validity period of the present License Agreement is not limited. The present Agreement is automatically cancelled once you break any of its clauses. In this case you are obliged to stop further use of the software product, eliminate all its copies and components. You agree that, in case of a breach of the Agreement clauses, Pilot Group Ltd is authorized to use any means necessary for assertion of its copyright, which includes removing the software remotely, via Internet or limiting access to it. Also in case you break the clauses of the present Agreement, you forfeit the right to refund the money paid under the present Agreement.
2.5. The note about the copyright legend. Under all circumstances you are forbidden to remove any copyright marks contained in the programming code or inside HTML pages and generated by the program. Removal or modification of the copyright legend shall be the reason for cancelling the present License Agreement. You agree that in case of removal of any copyright marks, Pilot Group Ltd shall be authorized to impose money sanctions on you, which will also implicate cancelling of the license validity. Nevertheless, you are authorized to remove all the visible copyright marks such as links to the site of the software product.
2.6. Pilot Group Ltd is not liable for any content located by you in the programming product and also for the content, provided by third-parties.
3. LIABILITIES OF PARTIES
3.1. You agree not to disclose or divulge any information about the software product in any printed, electronic, or other formats either now known or hereafter developed or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of Pilot Group Ltd. It is not allowed to harm the reputation of the company with the purpose of requirements resignation or requests within the scope of this License Agreement. In case of violation of the abovementioned provisions you shall be held financially liable in accordance with the current legislation. Such financial liability is intended to compensate for the damage inflicted and thus constitute a remedy and not a penalty.
3.2. You agree to indemnify Pilot Group Ltd for all losses caused by violations of terms of the present Agreement, as well as losses caused by your transferring the data to third parties, whether or not this was done with your consent. Such third parties may include hosting companies (individuals), ISP, your customers, business partners, or any other parties.
3.3. You agree to use due diligence to safeguard and protect the Software Product and all source code from non-authorized third parties.
3.4. You specifically agree to indemnify Pilot Group Ltd for all losses that it may incur due to the theft of all or any part of the source code of the Software Product while in your possession.
3.5. You are absolutely liable for unlawful use of the Software Product and for all the actions referring to the data which is located by yourself in the Software Product.
4. TECHNICAL SUPPORT AND UPDATES (UPGRADES)
4.1. Pilot Group Ltd provides support and technical assistance for all licensed copies of the Software Product, except for technical assistance for third-party applications integrated in the Software Product, which is provided by Pilot Group Ltd to the extent technically feasible. Pilot Group Ltd has the right to deny technical assistance for a third-party application integrated in the Software Product which does not work due to the fault of a third party developer or due to your fault. Pilot Group Ltd reserves the right to determine time frame and amount of assistance provided. Abnormal support issues may incur additional service fees. Pilot Group Ltd has the right to request access information to files and database of the software product necessary to carry out technical support. In case of your refusal to provide the indicated details rendering of technical support may not be possible.
4.2. In cases of issues caused through your fault, technical support may require an additional fee and is subject to the terms of additional warranty provided for such cases.
4.3. If the Software Product implies receiving updates (further upgrades) that were guaranteed to you with the Software Product license, you may apply the upgrade to the initial version of the Software Product or use the new version of the Software Product (a single copy on a single domain or IP address) after having removed the initial version of the Software Product.
4.4. Pilot Group Ltd determines time frame and delivery terms of Software Product upgrades provision. You may choose to upgrade Software Product or not to.
4.5. Upgrades are provided for licensed Software Products copies only. A new version of Software Product is provided for a licensed copy of the same Software Product and may not be technically compatible with the previous version of Software Product. The upgrade may also be not compatible with customized (either by you or by developers of Pilot Group Ltd upon your request) versions of Software Products.
4.6. Pilot Group Ltd provides upgrades both within version or next version of the Software Product for free within 12 months after the initial purchase, except in cases when description on the site provides alternative action. In case you request an upgrade after the end of the twelve-month period after the initial purchase of the Software Product, the Software Product upgrade will require an additional fee. Upgrade installation, data transfer and other activities connected with version upgrade of the software product, if such are necessary, may also incur an additional fee.
5. HOSTING SERVICES
5.1. Pilot Group Ltd provides hosting services to their clients for an extra charge in accordance with the hosting plan the client selects. You agree to provide necessary information to ensure proper functioning of all additional services of PILOT GROUP RUS Ltd that you selected. You agree that you are entirely responsible for maintaining the confidentiality of your customer login, password (collectively, the "Account Access Information"). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Pilot Group Ltd immediately of any unauthorized use of your account or any other breach of security.
5.2. In case you desire to terminate your use of Pilot Group Ltd hosting services, you are responsible for notifying Pilot Group Ltd no earlier than 10 days and no later than 3 days prior to your billing date. Pilot Group Ltd has no obligation to monitor your use of the services. Pilot Group Ltd reserves the right to review your use of the services and to cancel the services in its sole discretion. Pilot Group Ltd reserves the right to terminate your access to the services at any time, without notice, for any reason whatsoever. Pilot Group Ltd reserves the right to change account access information for security reasons, in this case the new info shall be provided to you.
5.3. The backup of the files will be stored on Pilot Group Ltd server during 1 month after your hosting account expiration. After this period expires, all the files will be deleted from Pilot Group Ltd server without any recover capability.
5.4. As a condition of your use of Pilot Group Ltd software and services, you agree not to use them for any purpose that is unlawful or prohibited by the terms and conditions of the present Agreement, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree that you will not be entitled to a refund of any fees paid to Pilot Group Ltd if, for any reason, Pilot Group Ltd discovers your improper or illegal use of its hosting services.
5.5. You agree to use hosting account provided by Pilot Group Ltd only for installation of licensed software in accordance with all local, state, federal and international laws, regulations and requirements. In case of use of illegal software, your hosting account will be terminated without a right to compensation of the amount you paid Pilot Group Ltd for hosting services.
BY PURCHASING OR USING HOSTING, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS OF AMOUNTS TRANSFERRED TO Pilot Group Ltd FOR HOSTING SERVICE AND BACK UP. BY PURCHASING OR USING HOSTING, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT HOSTING, DISK STORAGE AND OTHER FEATURES WILL MEET ALL YOUR NEEDS.
6. OTHER CONDITIONS
6.1. Amendments. You agree that, in order to maintain the ongoing license to use the Software Product, Pilot Group Ltd shall have the right to post reasonable amendments to this License Agreement from time to time at its web sites. After such amendments are applied to the present License Agreement, your further actions on use of the Software Product will be governed by the amendments applied. Such amendments are necessary to protect the intellectual property rights of the rightholder and may not impose additional or ongoing fees for using the software product other than those that you agreed to when signing the present Agreement.
6.2. You agree that it shall be your responsibility to monitor the License Agreement posted online and ensure ongoing compliance with its terms. In case of nonfulfillment of this obligation you bear all possible risks.
6.3. You agree that Pilot Group Ltd has the right to mention your name and/or your web site as a customer site on the web sites of Pilot Group Ltd, printed or electronic materials and mass media. Such mentioning may include displaying your site logo and linking to your web site.
7. LEGAL TERMS
7.1. The present Agreement applies to the territories of the Parties location.
7.2. The present Agreement is constituted in accordance with the current legislation of the Russian Federation.
7.3. All disputes regarding this Agreement shall be governed by the current legislation of the Russian Federation at the location of Pilot Group Ltd.
7.4. By licensing the software product under this License Agreement, you confirm that you have full legal capacity of entering into the present contract as well as making any claims in accordance with the legislation of the Russian Federation.
7.5. In case you commit any violations of the present clause of the License Agreement, you shall reimburse Pilot Group Ltd for all losses incurred as a result of this violation and for all expenses related to the enforcement by Pilot Group Ltd of its legal rights under this Agreement.
8.1. Pilot Group Ltd does not warrant that the functions of the Software Product received under the present Agreement will meet all your requirements or that operation of the Software Product will be uninterrupted or error free.
8.2. Pilot Group Ltd is not responsible for possible errors or technical imperfections you may find in a third-party developer's application integrated in the Software Product.
8.3. You assume all responsibility for selecting the Software Product to achieve your intended results, and for the use and results obtained from the Software Product. Pilot Group Ltd is not responsible if the Software Product does not operate on your server or computer.
8.4. Pilot Group Ltd is not responsible for any defects that appeared through your fault. You assume the entire risk of using the program and the entire cost of any service and repair.
8.5. In case it is proved that the software defects appeared through the fault of Pilot Group Ltd, its responsibility is limited to the amount paid by you under the present Agreement.
8.6. Failure to install the program is not a valid reason for requesting a refund of the purchase price.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS OF AMOUNTS TRANSFERRED TO Pilot Group Ltd FOR REASONS INCLUDING FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, ERRORS OR TECHNICAL IMPERFECTIONS OF THIRD-PARTY APPLICATIONS INTEGRATED IN THE SOFTWARE PRODUCT WHICH ARE BEYOND THE LIMITS OF COMPETENCE OF Pilot Group Ltd, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY YOU OR UPON YOUR CONSENT THAT ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT OR THAT ARE NOT IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF Pilot Group Ltd FOR CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER SIMILAR REASON.
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER (HOSTING ACCOUNT) AND THAT IT WILL MEET ALL YOUR NEEDS.
SOFTWARE PRODUCT IS DELIVERED TO YOU ONLY AFTER YOUR PAYMENT IS APPROVED BY PAYMENT PROCESSING COMPANY. SOFTWARE PRODUCT IS DELIVERED TO YOU AS DOWNLOAD LINK, EMAIL ATTACHMENT OR OTHER INTERNET MEANS. ONCE PRODUCT IS DELIVERED YOU MAY NOT CLAIM ANY REFUND. IN CASE YOU CANCEL YOUR ORDER PRIOR TO DELIVERY YOU MAY CLAIM REFUND, HOWEVER PROCESSING FEES MAY APPLY.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral.