NEW TECHNOLOGIES END USER LICENSE AGREEMENT
Effective date: May 1, 2015
NOTICE. PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE ON ANY AND ALL DEVICE. INSTALLING, COPYING OR OTHERWISE USING THEREOF INDICATES YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT.
This End User License Agreement (hereafter - “EULA”) is a legal agreement between you and New Technologies, LLC including its components and electronic documentation. The EULA are concluded on the above-mentioned SOFTWARE, copies of which are provided with the EULA, including its components and electronic documentation for further installation on your Device that meets the system requirements of the SOFTWARE.
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read the EULA and that you understand them and agree to be bound by its terms like any written negotiated agreement signed by you. In case of breach of the EULA you may be involved in the court proceedings as a defendant like any legal entity or physical person who obtained the SOFTWARE or uses such SOFTWARE on its behalf.
The EULA becomes effective from the moment of the first actually using the SOFTWARE. In this case, you understand and agree that New Technologies, LLC will treat your use of the SOFTWARE as acceptance of the EULA from that moment and for the entire period of the SOFTWARE copyright.
The rights to distribute the SOFTWARE belong to New Technologies, LLC and are protected by the copyright laws of the Russian Federation, international treaty provisions, and the laws of the country of use thereof.
If you do not agree with the EULA, do not install and use the SOFTWARE.
“New Technologies, LLC” means a legal entity organized and existing under the laws of the Russian Federation as a limited liability company whose principal place of business is at 630090, Russia, Novosibirsk, Nikolaeva st. 11, suite 321, including all its Departments.
“Department” means an organization department of New Technologies, LLC developing the SOFTWARE of particular class.
“You” refer to and include any person and/or any entity that obtains and uses this SOFTWARE.
“License” means the non-exclusive limited right granted to you by New Technologies, LLC to use the SOFTWARE in accordance with the EULA.
“SOFTWARE” means a computer software including its components, electronic documentation granted for installation and use on any Device and distributed by New Technologies, LLC on legal grounds.
“Device” means a personal computer, mobile internet device, tablet computer, smartphone, handheld game console, another device on which the SOFTWARE shall be installed.
1. Subject of Agreement
1.1. Subject to your compliance with the EULA, New Technologies, LLC grants you a non-exclusive limited right (the “License”) enabling you to use the SOFTWARE with all the images, photos, animations, audio and video components, music, text, and additional components integrated into the SOFTWARE, as well as all of the SOFTWARE copies solely adjusted for restrictions specified in Section 3 hereof.
2. Software and Components Rights
2.1. New Technologies, LLC guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE with all the images, photos, texts, animations, audio and video components, music, and components integrated into the SOFTWARE, as well as all of the SOFTWARE copies.
2.2. All title and intellectual property rights to the SOFTWARE and in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE are the property of the respective content owners and protected by the laws of the Russian Federation, international treaties, and the laws of the country of purchase or final use. The EULA does not grant you any rights to such intellectual property.
2.3. The SOFTWARE contains valuable trade secrets and confidential information belonging to New Technologies, LLC and third parties, which is protected by copyright of the Russian Federation, international treaty provisions, and the applicable laws of the country of SOFTWARE use. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of the EULA shall constitute a breach of New Technologies, LLC’s and/or third party’s intellectual property rights and shall be cause for the revocation of all rights to use the SOFTWARE granted to you under the EULA.
2.4. New Technologies, LLC hereby disclaims any rights to trademarks, service marks, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. New Technologies, LLC disclaims any proprietary interests in the intellectual property rights other than its own.
3. Limitations of Use
3.1. You acknowledge that the SOFTWARE is protected from unauthorized copying and/or use. The SOFTWARE may include software protection mechanisms and you agree to follow the instructions contained in the SOFTWARE in order to comply with such protection mechanisms.
3.2. You may not perform or make it possible for other persons to perform any activities included in the list below.
3.2.1. Use the SOFTWARE in commercial purposes.
3.2.2. Reverse engineer, disassemble or decompile (convert object code to source code) the SOFTWARE (applications, programs, databases), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such disclosure is required by law and such information must be promptly disclosed to New Technologies, LLC. All such information shall be deemed to be confidential and proprietary information of New Technologies, LLC.
3.2.3. Modify, adapt, or translate the SOFTWARE, including making changes to the object code of the programs and databases thereto, correct errors, divide the SOFTWARE into component parts and use them in personal purposes.
3.2.4. Remove or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to you.
4.1. Unless otherwise agreed in a separate agreement between you and New Technologies, LLC the EULA is effective for the entire period of the SOFTWARE copyright.
4.2. Without prejudice to any other rights, New Technologies, LLC may terminate the EULA if you fail to comply with their terms and conditions and at New Technologies, LLC discretion without cause at any time. In case of the EULA termination by cause of their infringement by you New Technologies, LLC shall not grant you any proofs of such infringement. In such an event, you must destroy all copies of the SOFTWARE, all of its component parts, and uninstall the SOFTWARE.
4.3. You may terminate the EULA by destroying the SOFTWARE and accompanying documentation.
4.4. Provisions 2.3, 2.4, 2.6, 3, 5, 6-8, 9.2 and 9.3 shall survive the termination of the EULA for any cause, but this shall not imply or create any continued right to use the SOFTWARE after termination of the EULA.
5. NO WARRANTY
THE SOFTWARE, INCLUDING TEXT, GRAPHICS, IMAGES OR OTHER COMPONENTS IS PROVIDED “AS IS”. NEW TECHNOLOGIES, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. NEW TECHNOLOGIES, LLC DOES NOT WARRANT FOR ANY THIRD PARTY ‘S SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITH OR WITHIN THE SOFTWARE.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL NEW TECHNOLOGIES, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SOFTWARE OR BY REASON OF ANY FAILURE OF USE THEREOF BY ANY PARTY, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN SOFTWARE INSTALLATION, COMPUTER VIRUSES, EVEN IF NEW TECHNOLOGIES, LLC, OR REPRESENTATIVES THEREOF, WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ALSO IN NO EVENT WILL NEW TECHNOLOGIES, LLC BE LIABLE FOR ANY INACCURACIES IN ADVERTISEMENTS OF THIRD PARTIES-ADVERTISERS WHEN YOU USE THE SOFTWARE ON THE DEVICE.
7. Financial Liability
7.1. In no event will New Technologies, LLC be liable for any damages caused by the financial relationship between you and the third parties when using the Software.
7.3. When you make your in-app payments using the SOFTWARE the only liability of New Technologies, LLC is restricted by the amount of payment received by New Technologies, LLC.
7.4. The total liability of New Technologies, LLC to any person or legal entity for any claims concerned to the SOFTWARE, including claims for offense, indemnification, statutory and strict liability or otherwise, in case of their legality and validity shall not exceed three hundred US dollars.
8. Governing Law
8.1. The EULA shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation. If you are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to the EULA shall be finally resolved through arbitration in accordance with the arbitration rules and legal procedures of the Russian Federation. Judgment of the Arbitration Court of Novosibirsk, the Russian Federation is final and obligatory for execution by both parties. If you are an individual person, the Soviet District Court of Novosibirsk, the Russian Federation, shall have jurisdiction over all disputes relating to the EULA.
8.2. The EULA shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods.
9.1. When installing the SOFTWARE your personal data, such as name and email address can be requested. You acknowledge and agree that your personal data will be obtained and used by New Technologies, LLC. New Technologies, LLC guarantees that all the information you provide when installing and activating the SOFTWARE will be stored and used strictly within New Technologies, LLC in accordance with the laws of the Russian Federation on personal data.
9.2. You agree to indemnify, hold harmless, and defend New Technologies, LLC from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorneys’ fees that may arise from or relate to the use of and/or reliance on the SOFTWARE.
9.3. If any part of the EULA is found void and unenforceable, it will not affect the validity of the EULA in its entirety, which shall remain valid and enforceable according to its terms.