License agreement (DSmanager)
The text given below is an offer.
An offer is a proposal containing the essence of the contract and showing that an offerer intends to enter into a contract under the proposed conditions with anyone who is interested in this offer.
To enter into a contract a person interested in such proposal shall accept the offer, i.e. express his/its agreement to enter into a contract subject to conditions set forth in the offer.
This agreement in particular can be expressed by performing actions specified in the offer and determined thereby as acceptance thereof. In terms of software it may be starting of use thereof.
The text given below is an offer of ISPsystem. This offer may be accepted by performing actions specified in the offer. Performance of these actions, i.e. acceptance of the offer results in making a license agreement between you and ISPsystem granting you the right to use DSmanager software.
In this case the deal will be considered to be executed in writing as the contract made in this way will have the same legal validity as a contract executed on paper and signed by the parties (traditional "paper" contract).
I. CJSC ISPsystem (hereinafter ISPsystem) addresses this offer to any person willing to use DSmanager software and possessing hard- and (or) software necessary to use it.
II. You accept this offer if you:
install DSmanager software, i.e. copy this software to PC memory in order to use its functionality, if this software has not been installed before
start and use functionality of the Software Product, if it has already been installed and used subject to previously valid license agreement with ISPsystem.
III. Acceptance of this offer as described in c. II above means agreement of the accepting person with all conditions set forth below in "License Agreement" section and results in making a license agreement between the person and ISPsystem subject to conditions set forth herein.
IV. In all the cases when this offer refers to other texts placed on the Web-site of ISPsystem these texts shall be treated as an integral part of this offer unless otherwise specified in the offer.
1. Main Notions and Definitions
1.1. License Agreement (the License) means this license agreement granting the right to use DSmanager software.
1.2. Right Possessor (the Licensor) means ISPsystem.
1.3. User (the Licensee) is any person that accepted this offer as described in c. II above thus having made a License Agreement with ISPsystem.
1.4. DSmanager software product (the Software Product) is DSmanager software the developer and the owner of the exclusive copyright for which is ISPsystem.
The description of this software including information about the supported operating systems is given on the Web-site of ISPsystem.
1.5. Accompanying materials are materials provided in written form, in form of images and otherwise that represent description of the Software Product, instructions on installation, customization and use thereof, etc.
1.6. Activation Key is an element of the system of technical facilities for protection of copyright used by ISPsystem to protect the Software Product against illegal use.
1.7. Web-site of ISPsystem means the web-pages placed in the Internet and united by interconnect address space of ispsystem.com domain.
2. Software Product Use
2.1. The User is authorized to use the Software Product as follows:
2.1.1. reproduce the Software Product by making a copy of the Software Product in PC memory; the User is also entitled to make a back up copy of the Software Product in any form to replace the original copy if it is lost, deleted or becomes unusable;
2.1.2. make the Software Product available so that any person or persons determined by the User could get access to it via information telecommunication network, including the Internet; making available shall be performed only by providing access to audiovisual images generated by the Software Product and (or) enabling on-line interaction with the functional part of the Software Product;
2.1.3. distribute the Software Product by sale or other assignment of its copies only if such distribution is performed by sale or other assignment of the server by the User with a copy of the Software Product installed on it provided the copy of the Software Product recorded to the server memory (Activation Key corresponding to this copy) has been legally purchased by the User;
2.1.4. perform public demonstration of the Software Product, i.e. public demonstration of audiovisual images generated by it, public demonstration of functionality of the Software Product.
2.2. The right to use the Software Product is granted to the User with the following restrictions:
2.2.1. The User is not allowed to exercise his right to make the Software Product available by any method enabling third parties to reproduce the Software Product fully or partially, but for recording a part of the Software Product to the PC memory when such recording is temporary and it is an essential and integral part of the technological process the only purpose of which is viewing audiovisual images generated by the Software Product and (or) on-line interaction with the functional part of the Software Product; it is also forbidden to make the Software Product available by any method enabling third parties to use its functionalities without connection to the information telecommunication network;
2.2.2. The User is not allowed to modify the Software Product, i.e. make any changes but for:
- alteration of the Software Product settings or other similar changes performed using options of the Software Product user interface as described in the documentation (Accompanying materials);
- adaptation, i.e. changes irrespective of implementation method that are made exclusively to enable the Software Product to function on certain hardware of the User or with certain software of the User;
- installation of the Software Product updates released by ISPsystem.
2.2.3. Admitting the User's lawful right for adaptation of the Software Product ISPsystem reserves the right to waive its obligations dealing with technical support of the Software Product without reimbursement of possible losses if the object code of the Software Product is changed as a result of adaptation performed by the User; if the User restores the original condition of the Software Product ISPsystem is not entitled to refuse to fulfill its obligations dealing with technical support of the Software Product for the reason mentioned in this clause;
2.2.4. but for the cases specified in the legislation the User is forbidden to decompile the Software Product and to perform any other actions aimed at restoration of the source code (source text) of the Software Product;
2.2.5. when using the Software Product the User is forbidden to perform any actions resulting in the change or deletion of visual reproduction of the trademark, service mark, commercial designation or copyright mark generated by the Software Product; it is also forbidden to perform any actions resulting in significant hindering of identification of visual images mentioned in this clause, in particular obscuration or considerable decrease of their original size.
3. Fee and Period of the Software Product Use
3.1. The amount of fee for granting the right to use the Software Product is differentiated and depends on the period of the Software Product use for which the right is granted.
3.2. The amount of the fee for granting the right to use the Software Product also depends on method of license ordering (the method of Activation Key ordering):
if the license (the Activation Key) is ordered directly from ISPsystem the amount of the fee is determined on the basis of ratios specified on the Web-site of ISPsystem at:
if the license (the Activation Key) is ordered through a partner of ISPsystem the information about the fee for respective periods of the Software Product use is provided to the User by the partner through which the User orders the license (the Activation Key).
3.3. License ordering
For the purposes of this License Agreement the term "license ordering" means a set of actions specified in this c. 3.3 that result in sending to ISPsystem of a request for provision to the User of the Activation Key required to use functional capabilities of the Software Product during the set period of time.
3.3.1. The User at its discretion chooses the period of the Software Product use he needs and the amount of fee corresponding to this period from the variant offered by ISPsystem on its Web-site. The choice is made by the User through online interaction with the functional section of the Web-site of ISPsystem performed via GUI (graphical user interface).
3.3.2. After choosing the required period of the Software Product use the User shall specify the IP address of the server on which a copy of the Software Product will be installed.
3.3.3. If it is an initial order the User shall also provide information about himself required for identification of the User as a customer of ISPsystem and a party hereto and specify his contact information.
3.3.4. The information specified in c. 3.3.2 and 3.3.3 above is provided by filling in web-forms placed on the Web-site of ISPsystem.
3.4. Performance of actions specified in c. 3.3 does not result in entering into this License Agreement.
3.5. A license may be ordered not by the User himself, but by another person acting on behalf of the User to whom the User has provided information required to order the license, in particular by a partner of ISPsystem. In this case the License Agreement is also considered to be executed between ISPsystem and the User as if the User had ordered the license himself.
3.6. The User is entitled to use the Software Product without paying a fee for a limited period of time specified on the Web-site of ISPsystem. This possibility is granted to the User if he orders a so-called trial license. "Trial license ordering" for the purposes of this License Agreement means performance by the User of actions specified in c. 3.3., which result is sending to ISPsystem a request for provision of an Activation Key to the User validity period of which corresponds to the period of free use of the Software Product permitted by ISPsystem.
3.7. If a trial license is ordered this Agreement is considered to be free of charge.
4. Territory of the Software Product Use
4.1. The right to use the Software Product is granted to the User without territorial restrictions (the Software Product may be used worldwide).
5. Update of the Software Product
5.1. ISPsystem regularly releases updates of the Software Product.
5.2. The User is entitled to use updates of the Software Product subject to this license.
5.3. When the updates are installed the User is entitled to use the Software Product on the same terms and conditions as before update installation.
5.4. The Parties agree and confirm their understanding that installation of updates of the Software Product is not and for the purposes hereof shall not be considered to be a legal event resulting in execution of a new license agreement for granting the right to use the Software Product or prolongation of the present license.
6. Accompanying Materials
6.1. Access to Accompanying materials is generally performed through user interface of the Software Product, however Accompanying materials are independent objects of intellectual property exclusive copyright for which belongs to ISPsystem.
6.2. The User is entitled to use the Accompanying materials for his needs during the whole validity term hereof and to reproduce (copy) them for the same purposes, but he is not entitled to distribute the Accompanying materials, to make them publicly available, in particular to place them in the Internet or to use the Accompanying materials otherwise without prior consent of ISPsystem.
7. Technical Facilities for Protection of Copyright
7.1. To protect the Software Product against illegal use ISPsystem has realized a system of technical facilities for protection of copyright (hereinafter the protection system) the necessary element of which is Activation Keys, each Key being unique. An Activation Key is necessary to use any copy of the Software Product.
7.2. An Activation Key is unique for each IP address. To prevent illegal use of the Software Product the validity term of each Activation Key is restricted, therefore to use the Software Product during the whole validity term hereof it is necessary to replace the Activation Key with a new one regularly.
Activation Key replacement is performed automatically: The Software Product by means of in-built function sends a request to the server of ISPsystem and downloads a new Activation Key. The request sending to the server and downloading of the new Activation Key are performed via Internet.
7.3. ISPsystem guarantees that during automated updating of the Activation Key no collecting of any information occurs, but for information about the version of the Software Product installed on the server and Activation Key present on this server at the moment of updating.
7.4. Due to peculiarities of the protection system described in c. 7.2 above the necessary condition of the Software Product use is existence of constantly functioning Internet connection and public IP address of the server, on which a copy of the Software Product is installed. IP address of the server shall remain unchanged: if IP address changes without informing ISPsystem start of the Software Product will be impossible.
7.5. The User shall ensure observance of conditions specified in c. 7.4 above during the whole validity period of the License. If it is impossible or difficult to observe this requirement you'd better not enter into this License Agreement.
7.6. Change of the server IP address
If there are reasonable grounds for change of IP address specified when ordering the license ISPsystem can enable the User to use the Software Product on a server with another IP address. Registration of the new IP address is performed upon demand of the User, but not more often than once a calendar month. ISPsystem reserves the right to refuse to register a new IP address in case of multiple changes and if there are reasonable suspicions that IP address is being changed in order to bypass the protection system.
8. Responsibility of the User for Violation of Conditions of the License
8.1. If the User violates conditions hereof, in particular if it uses the provided Software Product beyond the granted right or does not observe prohibitions set forth in the present License ISPsystem is entitled to terminate this License Agreement unilaterally cancelling all the rights obtained by the User hereunder.
8.2. If the Contract is terminated for the reason specified in c. 8.1 this License Agreement is cancelled upon expiry of thirty (30) days from the User's receipt of ISPsystem's claim to eliminate violations made by the User if such violations are not eliminated within the said period of time.
9. Dispute Settlement Procedure
9.1. Disputes and differences arising between the parties hereto shall be settled by means of negotiations. If it is impossible to settle the differences by means of negotiations the dispute between the parties shall be considered by court in the city of Irkutsk (Russian Federation) on the basis of RF legislation in force.
10. Validity Term of the License
10.1. Validity term hereof is equal to the period of the Software Product use chosen by the User when ordering the license. Upon expiry of the validity term this License Agreement (License) is terminated.
The rule set forth in c. 10.1 is also applied when ordering a trial license: upon expiry of the free period of the Software Product use set by ISPsystem this License Agreement (License) is terminated and further on the Software Product may be used only under an onerous license agreement after payment of respective fee.
11. Technical Support of the Software Product
11.1. Relations dealing with technical support of the Software Product are governed by Terms and Conditions the text of which is placed on the Web-site of ISPsystem at http://ispsystem.com/en/support/terms_and_conditions/