Effective as of March 4, 2019
Official publication address: https://aurees.com/legal/license-agreement
Permanent address: https://aurees.com/legal/license-agreement-20190304
This is a legal agreement (the "Agreement") between You and Nezaboodka Software LLC (the "Nezaboodka") regarding Your use of Aurees software (the "Software"). The Software includes desktop application, components, documentation, demos, associated services, and other materials. The Software also includes any updates and supplements to the original Software provided to You by Nezaboodka.
By downloading, installing, copying, accessing, or otherwise using the software, You AGREE to be bound by the terms of the agreement. If You do not agree to the terms of the agreement, You MAY NOT install, use or copy the software.
Party 1 (Licensee): You, who agree with the Agreement, either as an individual or on behalf of an organization (a company, firm, sole proprietor, or a legal entity).
Party 2 (Licensor): Nezaboodka Software LLC, a company registered in Republic of Belarus, registration number registration number 191533045, having its principal place of business at 79 Pritytskogo street, floor 5, suite 503, Minsk, 220140, Republic of Belarus.
Subject to Your continuous compliance with the Agreement and payment of the applicable license fees, Nezaboodka grants You a non-exclusive, limited, not-transferable license to download, install and use the Software during the term of such license within the scope of the corresponding license type specified below in a manner consistent with all the terms of the Agreement.
The Software is licensed, not sold. The Software is made available on a limited license or access basis, and no ownership right is conveyed to You, irrespective of the use of terms such as "purchase", "buy", "sale", or similar terms.
If You represent an organization (a company, firm, sole proprietor, or other legal entity), You must acquire a license for each person (the "User"), who uses the Software for the purposes of Your organization.
Free License is granted to You free of charge upon registration of Your copy of the Software and under the following conditions:
Beta License is granted to You for a limited period of time free of charge upon registration of Your copy of the Software and under the following conditions:
The Software under the Agreement is available in electronic from. You must have an Internet connection in order to access and download the Software from the official website at https://aurees.com. For the avoidance of doubt, You are responsible for downloading and installation of the Software.
IMPORTANT! The software is provided to You on an "AS IS" and "AS AVAILABLE" basis without warranties. Use of the software is at Your own risk. Nezaboodka makes no warranty as to its use or performance. To the maximum extent permitted by applicable law, Nezaboodka disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software, and the provision of or failure to provide support services. This limited warranty gives You specific legal rights. You may have other rights, which depends on state/jurisdiction. Nezaboodka (and its affiliates, agents, officers, directors, employees, suppliers, or resellers) does not warrant that the Software is accurate, reliable or correct; that the Software will meet Your requirements; that the Software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Software is free of viruses or other harmful components. Any content or data downloaded or otherwise obtained through the use of the software is downloaded at Your own risk and You will be solely responsible for any damage to Your property or loss of data that results from such download and use.
IMPORTANT! To the maximum extent permitted by applicable law, in no event will Nezaboodka (or its affiliates, agents, officers, directors, employees, suppliers, or resellers) be liable to You or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; (b) any loss or damages in connection with termination or suspension of Your access to the Software in accordance with the Agreement, and (c) any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever (even if Nezaboodka has been advised of the possibility of these damages), including those (d) resulting from loss of use, data, or profits, whether or not foreseeable, (e) based on any theory of liability, including breach of contract or warranty, strict liability, negligence or other wrongful action, or (f) arising from any other claim arising out of or in connection with Your use of or access to the Software. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Nezaboodka's total liability in any matter arising out of or related to the Agreement is limited to five United States Dollars (5 USD) or the aggregate amount that You paid for products during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if Nezaboodka has been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
You agree to be identified as a customer of Nezaboodka and that Nezaboodka may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in Nezaboodka marketing materials, on the Nezaboodka's and affiliated websites, in public or legal documents. You hereby grants Nezaboodka a license to use Your name and any of Your trade names and trademarks solely pursuant to this marketing section.
You have no obligation to provide Nezaboodka with ideas, suggestions, or proposals (the "Feedback"). However, if You or Your Users submit Feedback to Nezaboodka, then You grant Nezaboodka a nonexclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
The Software includes code and libraries licensed to Nezaboodka by third parties, including open source software ("Third-Party Software"). The list of Third-Party Software included in the Software is available in the documentation and on the website at https://aurees.com. All Third-Party Software is licensed to You under the terms of their respective licenses located in the documentation.
Nezaboodka provides no warranty, express or implied, with respect to any Third-Party Software and expressly disclaims any warranty or condition of merchantability, fitness for a particular purpose, title, and non-infringement.
The Agreement, including the Third-Party Software license terms, constitutes the entire agreement between the parties concerning regarding its subject matter and supersedes any prior agreements between You and Nezaboodka regarding Your use of the Software. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of the Agreement or any schedule will add to or vary the terms of the Agreement unless signed by both You and Nezaboodka.
Nezaboodka reserves the right at any time to cease the support of the Software and to alter prices, fees, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
Nezaboodka may update or modify the Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, Nezaboodka will use reasonable efforts to notify You (by, for example, sending an email to the e-mail address provided by You during registration process, by posting an article in the official blog, or via the Software itself). If Nezaboodka modifies the Agreement, the modified version of the Agreement will be effective next license term. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, You may cancel the license. You may be required to click through the updated Agreement to show the acceptance. For the avoidance of doubt, any acceptance of the Agreement is subject to the version of the Agreement in effect on the acceptance date.
The Agreement is a public agreement (offer) as defined by the law of Republic of Belarus (article 396 of Civil Code of Republic of Belarus). This Agreement is governed by the laws of Republic of Belarus, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any relevant competent court of Republic of Belarus.