This license agreement (hereinafter referred to as the «Agreement») constitutes a contract between CarbonAppsLimited, who the author of and the owner of the exclusive right to the «tymPay» (hereinafter referred to as the «Copyright Owner»), and you (hereinafter referred to as the «User»). This Agreement contains definitions and conditions under which the User can use «tymPay».
All terms given in this section of the Agreement shall have the following meaning for this Agreement only, and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement.
tymPay – means the software distributed on the site https://tympay.com or its subdomains.
Program — means the «tymPay».
Program-based Derivative — means any program, work or information created by the User or a third party with using the Program or any of its parts.
Use of the Program — means any actions related to operation of the Program according to its purpose.
Domain Name — means a unique alphanumeric name intended to identify a resource on the Internet.
Server — means a computer to which the Program is installed.
Full License — means the the right to Use the Program (one copy) on one Server provided by the Copyright Owner to the User for unlimited time.
Additional License — means the time unlimited right to Use the Program on one Domain Name in addition to the number of Domain Names declared while the Full License was purchased.
Reseller — means a legal entity or a private entrepreneur empowered to distribute the Full Licenses and the Additional Licenses.
Confidential Information — means the contents of the Program (source code), all the copies of the Program as well as all the derivative works related to the Program, including, but not limited to, all the upgrades, modifications.
The User shall Use the Program within the bounds of this Agreement only. By Using the Program, the User thus consents to the conditions set forth in this Agreement. If the User does not wish to be bound by the conditions of this Agreement, he shall not Use the Program.
The Copyright Owner notifies the User that the Program is not sold to the User, but, in accordance with this Agreement, the User gains the right to Use the Program under a simple non-exclusive license.
Every Use of the Program is subject to this Agreement. Any Use of the Program or any of its parts, which contradicts the conditions of this Agreement, is prohibited. If the law of the User's country makes a provision for a different order of using similar products, the User has the right to Use the Program only in the way and within the bounds stipulated by this Agreement.
The Copyright Owner provides the User with the Full License under a simple non-exclusive license in the entire world only after the User pays the compensation on the site https://tympay.com or to the Reseller provided that the User declares the number of Domain Names for which the Full License is purchased and through which the Program will be available on the Internet. The Copyright Owner provides the User with the Additional Storefront License under a simple non-exclusive license in the entire world only after the User pays the compensation on the site https://tympay.com or to the Reseller, provided that the User declares for which his Full License the Additional License is obtained.
The Copyright Owner owns personal non-property copyrights and an exclusive right to the Program, as well as to all the copies and all the derivative works, related to the Program, including, but not limited to, to all the upgrades and modifications.
The Copyright Owner has the right to:
- notify the User that the copy of the Program is illegal and is used without the Full License or the Additional License.
The User has no right to:
- make copies of the Program and let a third party copy the Program without obtaining an independent Full License;
- use upgrades of the Program and/or the Program of the versions that have been released by the Copyright Owner before the User has purchased the Full License, as well as after the expiration of one calendar year from the date on which the User has purchased the Full License, unless the User has purchased a secondary right for such Full License to use these upgrades of the Program and new versions of the Program on the https://tympay.com website, and such right is not active;
- make the Program available on a greater number of Domain Names than declared while the Full License was purchased, if no appropriate number of the Additional Licenses was obtained for them;
- extract, excerpt or use any part of the Program to create any Program-based Derivatives as well as provide such possibility to a third party;
- sell, transfer, obligate, license, sublicense, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) the Program, any of its copies (or any of its parts), the Full License or the Additional License and other rights to them, partially or in full, to a third party without a prior written consent of the Copyright Owner;
- remove, hide, modify or make barely visible any copyright, trademark or other proprietary notices contained within any part of the Program without a prior written consent of the Copyright Owner;
- prevent the Copyright Owner from obtaining information about the Use of the Program.
The User may not remove, disable or modify the part of the Program source code that verifies the Program authenticity and ascertains whether the User has the Full License or the Additional License.
The User pledges not to disclose Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect Confidential Information. If the information, which is confidential according to this Agreement, becomes available to a third party without a consent of the Copyright Owner, the User agrees to indemnify the Copyright Owner for all suffered damages.
The Program is provided "AS IS" with all possible malfunction and in the state that is actual by the time the Copyright Owner provides the User with the Full License or the Additional License.
Under no circumstances the Copyright Owner guarantees error-free and uninterrupted performance of the Program and that the Program will meet the requirements of the User as well as the Copyright Owner disclaims any other warranties to the extent to which it is permitted by the effective law.
The User assumes all the risks related to the performance and the Use of the Program, including the risk of not getting the expected profit, the risk of a software failure after the Program is installed, etc.
Under no circumstances the Copyright Owner is liable to the User for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the Use of the Program or impossibility to Use the Program.
In the event that the law of the User's country concedes no limitation of liability, or the liability of the Copyright Owner is recognized by the competent court, the Copyright Owner will be liable only for actual damage incurred from Using the Program if the damage is caused by a tort of the Copyright Owner, or if the damage is caused by the reasons that the Copyright Owner knew or should have known. The maximum amount of liability of the Copyright Owner is limited to the amount of the compensation that the User paid for one Full License.
The limitations of liability of the Copyright Owner that are specified in this section of the Agreement apply to the Program and all associated objects.
The Agreement is effective until terminated. The Agreement and the Full License together with the appropriate Additional Licenses are also terminated immediately after the User violates any part of this Agreement without any additional notice from the Copyright Owner. And the User consents to immediately remove the Program together with all copies, modifications and upgrades, and any Program-based Derivatives.
The territory for this Agreement shall be the entire world. The User has the right to terminate the Full License together with the appropriate Additional Licenses at any time by discontinuing the Agreement and removing the Program together with all its copies, modifications and upgrades, and Program-based Derivatives, along with sending an appropriate notification to the Copyright Owner. The Agreement will be deemed terminated from the moment the Copyright Owner receives the notification from the User.
This Agreement complies with the effective law of the Russian Federation. The appropriate law to interpret this Agreement and all relationships coming from the scope of the Agreement is the substantive and the adjective law of the Russian Federation..
If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.
The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement.
The User acknowledges that he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions.
The Copyright Owner may unilaterally change this Agreement. The User is notified of the changes through a notice on the site https://tympay.com where the text of the changes is published. The changes in the conditions of the Agreement shall come into force on the date of publishing on the site https://tympay.com, unless otherwise is specified in the publication, and become mandatory for acceptance and satisfaction by the User for further Use of the Program.
The User acknowledges that the Copyright Owner may suffer damage if the conditions of this Agreement are not respected, and therefore the User agrees that the Copyright Owner has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
Any dispute arising out or in connection with this Agreement, including any question regarding its interpretation, execution, termination or validity shall be finally settled by arbitration under the Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Rupublic of Ghana (hereinafter referred to as the "Rules"), which Rules are deemed to be incorporated by reference into this section. The arbitration panel shall consist of one (1) arbitrator selected in accordance with the Rules. The language to be used in the arbitral proceeding shall be Russian. The governing law of the Agreement shall be the substantive law of Russian Federation. The arbitration shall be held in Moscow, Russian Federation. The injunctive relief for the subject of dispute may be only suspension of recovery on the basis of the enforced document questioned by the plaintiff or any other document under which penalties are recovered on non-acceptable basis. The plaintiff shall bear its own and the other Party's costs associated with the resolution or arbitration of any dispute, and all fees and other costs of the arbitration proceeding shall be paid by the plaintiff. The award rendered by the arbitration shall be final and binding upon both Parties and judgment upon the award may be entered in any court having jurisdiction thereof.
The Parties acknowledge the legal validity of the documents sent by email. The documents sent by the Copyright Owner are considered created in the proper written form if they are sent from email@example.com.
The Program is protected by the law of the Russian Federation and international legislation on copyright and intellectual property.
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