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END USER AGREEMENT
"PIX RPA Platform"
"PIX RPA Platform"
Version V3.4 from 05.06.2020
This End User Agreement governs the usage conditions of PIX RPA Platform (hereinafter referred to as "the Platform") and constitutes as integral parts of any contract that regulates licensing PIX RPA Platform usage rights irrespective of the contract's parties. In the absence of such a contract this Agreement constitutes a contract itself. The End User Agreement terms and conditions must be accepted in full only without any reservations. If you do not agree with any of the EUA conditions, please do not install and do not use PIX RPA Platform and any of its components (modules).
1. TERMS AND DEFINITIONS
1.1. The End User Agreement (hereinafter referred to as "EUA" or "Agreement") and related documents define the following terms (written in letter case) as follows:
a. "Platform" means a suite of software components jointly referred to as "PIX RPA Platform", aimed for user activities automation. PIX RPA modules include: "PIX Robot", "PIX Studio", "PIX Master". Platform here is referred to both all modules and each module separately.
b. "Content" – any substance of the Platform and its modules, including program code, visual design elements, trademarks, text and other.
c. "Owner" or "IP Rights Holder" - PIX Robotics LLC (legal entity id 1197746528715), retains all Intellectual Property Rights to the Platform.
d. "Partner" means an entity (legal entity or individual entrepreneur) which has an authority (issued by the Owner) to conclude license agreements with third parties.
e. "License" - is a permission to End User (who is not an Owner) to use the Platform on pay basis under conditions stated in the contract between the End User and PIX or the End User and the Partner.
f. "End User" or "User" means a person who has installed the Platform on its own equipment (computer, server or any other). Respective the Platform with activated license End User means a person that has purchased the License.
g. "Key" means a file provided by the Owner upon the User's request. The file is required for the License or Trial mode activation and for the usage of the Platform. The Key is not required for the usage of the Platform in Demo-mode.
h. "Trial mode" or "PIX Trial" means a special mode that allows an End User to use the Platform before acquiring the License without limitations during the specified period of time for the purpose to discover its features and make a decision whether to buy the License or not.
i. "Demo mode" or "PIX Demo" means special mode that allows an End User to use the Platform before acquiring the License with limitations, imposed by PIX, for the purpose to discover its features and make a decision whether to buy the License or not.
j. "Environment" is a combination of hardware and (or) software components defined in a License agreement. End User is allowed to use the Platform only within the specified Environments, including:
k. "Development environment" means an Environment where End User creates required functionality using the Platform's instruments.
a. "Testing environment" means an Environment where the created functionality are being tested according to the End User requirements.
b. "Production environment" means an Environment where functionality created by End User (with the Platform's instruments) is being utilized for business and commercial purpose.
License agreement between an Owner and a User can include other types of the Environment as well as usage limitations and other Platform features in the described Environments.
c. "Standard license" or "PIX Robot + PIX Studio" means a license that allow usage of the Platform without limitation in any Information environment during the defined period of time.
d. "Development license" or "PIX Robot dev" means a subsidiary license type that allow usage of the Platform without limitation during the defined period of time (the period which defined for the Standard license) only in the Development and Testing environments.
e. "Update" means an updated Platform version that can be issued by the Owner.
f. "Site" means an Owner's website the is available in Internet on https://pixrpa.ru/ or https://pixrpa.com/.
g. "User documentation" means guidelines on the Platform use. It describes a Platform purpose, functionality and limitations as well as technical and other requirements to the Platform's installation and usage. User documentation includes an information embedded in the Platform (is visible during the Platform's usage) as well as knowledge database available in Internet on https://knowledgebase.pixrpa.ru/. User documentation is an integral part of the present Agreement.
h. "Parties" means the Owner and the User together.
1.2. Terms and definitions that are not stated in p.1.1 of the Agreement but mentioned in the Agreement, have to be treated in accordance with Russian legislation and ordinary interpretation.
1.3. Headings of the Agreement are intended only for ease of use of the Agreement and do not have any legal meaning. The headings do not have any impact on the interpretation of the Agreement's text.
2. OBLIGATION OF THE AGREEMENT, ORDER OF ITS ACCEPTANCE, ACTION AND AMENDMENTS
2.1 This Agreement is an integral part of any agreement that provides the User with the right to use the Platform (Licenses), including licensing agreements concluded between the IP Rights Holder and Users, sublicense and other agreements concluded between Partners and Users.
With regard to Users using the Platform in the Trial Mode and Demo Mode, as well as to persons who installed the Platform but did not activate the License, Trial Mode or Demo Mode, this Agreement is recognized as an independent license agreement concluded between the IP Rights Holder and such a person.
2.2 Text of this Agreement in the current version is displayed when the Platform installation file is launched prior to the Platform installation process. A prerequisite for starting the installation process of the Platform is the expression of unconditional consent to this Agreement.
2.3 In taking action to install the Platform, activate the Licence and use the Platform, the person who carries out any of these actions shall reaffirm its full and unconditional acceptance of all the terms and conditions of this Agreement and undertake to comply with them unconditionally.
2.4 This Agreement may be amended by the IP Rights Holder at any time at its own discretion. The new version of the Agreement shall enter into force for the User from the moment of the installation and the beginning of his use of the Update, the condition of the installation and (or) the beginning of the use of which is acceptance of the terms of this Agreement in a new version. If the User refuses to accept the terms of this Agreement in a new version, he may refuse to install the Updates and continue using the Platform under the previous version under the same conditions.
2.5 Using the Platform, the User agrees that the Owner is entitled to transfer his rights and obligations under this Agreement to any third parties at his own discretion.
2.6 In the event that the agreement between the Owner and the User stipulates conditions for the provision of the Platform other than those described in this Agreement, for such User the Agreement will operate in accordance with the peculiarities, agreed between the IT Rights Holder and the User in writing.
2.7 The agreement between the Partner and the User may not contradict the terms of this Agreement. In the event that the agreement between the Partner and the User stipulates conditions for the provision of the Platform other than those described in this Agreement, such terms shall not apply and the agreement concluded between the Partner and the User shall be enforceable only in part, not contrary to this Agreement.
3. 1. FEATURES OF THE PROVIDING AND USE OF THE PLATFORM
3.1 The User is able to use the Platform functionality from the moment the License, Trial Mode or Demo Mode is activated. The use of the Platform, including its distribution (installation file), without activation of the License, Trial Mode or Demo Mode is prohibited.
3.2 The term and territory of use of the Platform, as well as the Information Environment for its use, shall be determined by the License purchased by the User, and for persons using the Trial Mode and the Demo-Mode or having installed the Platform, but not having activated the License, Trial Mode or Demo-Mode regime, by this Agreement.
3.3 Upon expiration of the License, Trial Mode or Demo Mode, the Platform shall cease to operate. For further use of the Platform it is necessary to purchase the License and get from the IP Rights Holder the Key for its activation. A user who decides not to purchase a License after the end of the Platform's Trial or Demo mode use is obliged to remove the Platform from its equipment immediately, including its distribution.
3.4 The platform is installed on the User's equipment (computer, server or any other), owned by him or lawfully used by him in his own activities.
3.5 To use the Platform, the User needs certain technical and software tools, requirements for which are described in the User Documentation and this Agreement. By installing the Platform, the User confirms that he has all the information he needs about the technical and software requirements necessary to use and (or) be compatible with the Platform. The User guarantees by himself and at his own expense the availability of such means and the possibility of their use.
3.6 The Platform License is activated by the Key. In order to receive it, the User sends a request to a following e-mail help@pixrpa.ru containing information about the User and UID (a unique code consisting of letters and numbers displayed by the Platform when attempting to activate the License on it). Upon receipt of such a request, the IT Rights Holder verifies that the User has acquired the License and, if confirmed, sends the User the Key necessary to activate the License on the Platform.
Activation of the Platform in Trial mode is done with the Key. In order to receive it, the User sends a request to a following e-mail help@pixrpa.ru containing information about the User and UID (a unique code consisting of letters and numbers displayed by the Platform when attempting to activate the License on it). Upon receipt of such a request, the IP Rights Holder shall, at its own discretion, decide whether or not to grant the Key to the User. The IT Rights Holder is not obliged to respond to such a request.
3.7 The platform can only be activated with the Key on one device (computer, server or any other) and only on the copy of the Platform for which the User has requested the Key (identified by UID). Reuse of the Key, including for the purpose of transferring the Platform to another device, is prohibited. In the event that the IP Rights Holder, at the User's request, provides him with a Key for transferring the Platform to another device (activating a previously activated License on another device), the User guarantees that the Platform is removed, cannot or will not be used on the previous device. The decision to grant such a request is made by the IT Rights Holder and it is at his own discretion to refuse it without giving reasons.
3.8 The user is entitled to use the Platform, including any of its contents, including Content, only under the conditions (including the Information Medium) and in the ways expressly provided for by the License, this Agreement and (or) the explicit functionality of the Platform.
3.9 When using the Platform, the User is obliged to comply with all technical requirements and restrictions provided for it.
3.10 The User is obliged to use the Platform, its functionality and Content in good faith, without violating the legislation of the Russian Federation (or other applicable legislation) and the rights of third parties, including the authors and IT Rights Holders of the Platform.
3.11 The User has the right to use the Content exclusively as part of the Platform. The use of any Content outside of the Platform is prohibited.
3.12 For the avoidance of doubt, the User is prohibited from:
a. copy, or otherwise misuse the program code, design design and other Content of the Platform;
b. change in any way the program code of the Platform, perform actions that can adversely affect the functioning and performance of the Platform;
c. disassemble and (or) decompile (convert the object code into source code) the Platform software, except for cases when the possibility of such actions is directly provided for by the current legislation of the Russian Federation;
d. modify the software of the Platform, including making changes to the object code of the software of the Platform, with the exception of those changes that are made by means included in the software of the Platform and described in the User Documentation;
e. carry out actions aimed at bypassing the technical and other limitations of the Platform, open the technology, decrypt and perform other actions with the Platform object code, create derivative software products without the written consent of the IP Rights Holder;
f. create conditions for the use of the Platform by persons who do not have the right to use the Platform, including, but not limited to the following: providing third parties with the ability to initially install the Platform and install Updates, interfering with the operation of the Platform, providing third parties with access to research or changing the Platform settings;
g. carry out reverse engineering of the Platform (research of the Platform and related documentation to establish the principles of the Platform operation) in order to modify the Platform or create software with similar functions;
h. use any devices, programs or processes to interfere with the normal operation of the Platform;
i. use the Platform on equipment and information systems on / in which unlicensed software is installed.
3.13 Under no circumstances, the User has the right to use the Platform if any failure to operate the Platform can lead directly to death, injury, significant physical damage or damage to the environment, including but not limited to the use of the Platform for organizing, ensuring, monitoring the work:
- equipment for any nuclear installations;
- navigation equipment of aircraft and other vehicles, communication systems or flight control or other movements using any vehicles;
- air traffic control systems or other traffic control systems;
- medical equipment;
- security systems and weapons.
3.14 The IP Rights Holder has the right at any time, at its sole discretion, to make amendments to the User Documentation. Notification of such changes is posted on the Site, and is also sent to the e-mail of Users who have a License (unless otherwise provided by this Agreement). If changes in the User Documentation are related to the addition of its information, designed to facilitate the process of using the Platform, without changing the purpose, functionality, capabilities and limitations of the Platform, as well as without changing the technical and other requirements for its installation and use, such changes are made without notifying the Users.
1. TERMS AND DEFINITIONS
1.1. The End User Agreement (hereinafter referred to as "EUA" or "Agreement") and related documents define the following terms (written in letter case) as follows:
a. "Platform" means a suite of software components jointly referred to as "PIX RPA Platform", aimed for user activities automation. PIX RPA modules include: "PIX Robot", "PIX Studio", "PIX Master". Platform here is referred to both all modules and each module separately.
b. "Content" – any substance of the Platform and its modules, including program code, visual design elements, trademarks, text and other.
c. "Owner" or "IP Rights Holder" - PIX Robotics LLC (legal entity id 1197746528715), retains all Intellectual Property Rights to the Platform.
d. "Partner" means an entity (legal entity or individual entrepreneur) which has an authority (issued by the Owner) to conclude license agreements with third parties.
e. "License" - is a permission to End User (who is not an Owner) to use the Platform on pay basis under conditions stated in the contract between the End User and PIX or the End User and the Partner.
f. "End User" or "User" means a person who has installed the Platform on its own equipment (computer, server or any other). Respective the Platform with activated license End User means a person that has purchased the License.
g. "Key" means a file provided by the Owner upon the User's request. The file is required for the License or Trial mode activation and for the usage of the Platform. The Key is not required for the usage of the Platform in Demo-mode.
h. "Trial mode" or "PIX Trial" means a special mode that allows an End User to use the Platform before acquiring the License without limitations during the specified period of time for the purpose to discover its features and make a decision whether to buy the License or not.
i. "Demo mode" or "PIX Demo" means special mode that allows an End User to use the Platform before acquiring the License with limitations, imposed by PIX, for the purpose to discover its features and make a decision whether to buy the License or not.
j. "Environment" is a combination of hardware and (or) software components defined in a License agreement. End User is allowed to use the Platform only within the specified Environments, including:
k. "Development environment" means an Environment where End User creates required functionality using the Platform's instruments.
a. "Testing environment" means an Environment where the created functionality are being tested according to the End User requirements.
b. "Production environment" means an Environment where functionality created by End User (with the Platform's instruments) is being utilized for business and commercial purpose.
License agreement between an Owner and a User can include other types of the Environment as well as usage limitations and other Platform features in the described Environments.
c. "Standard license" or "PIX Robot + PIX Studio" means a license that allow usage of the Platform without limitation in any Information environment during the defined period of time.
d. "Development license" or "PIX Robot dev" means a subsidiary license type that allow usage of the Platform without limitation during the defined period of time (the period which defined for the Standard license) only in the Development and Testing environments.
e. "Update" means an updated Platform version that can be issued by the Owner.
f. "Site" means an Owner's website the is available in Internet on https://pixrpa.ru/ or https://pixrpa.com/.
g. "User documentation" means guidelines on the Platform use. It describes a Platform purpose, functionality and limitations as well as technical and other requirements to the Platform's installation and usage. User documentation includes an information embedded in the Platform (is visible during the Platform's usage) as well as knowledge database available in Internet on https://knowledgebase.pixrpa.ru/. User documentation is an integral part of the present Agreement.
h. "Parties" means the Owner and the User together.
1.2. Terms and definitions that are not stated in p.1.1 of the Agreement but mentioned in the Agreement, have to be treated in accordance with Russian legislation and ordinary interpretation.
1.3. Headings of the Agreement are intended only for ease of use of the Agreement and do not have any legal meaning. The headings do not have any impact on the interpretation of the Agreement's text.
2. OBLIGATION OF THE AGREEMENT, ORDER OF ITS ACCEPTANCE, ACTION AND AMENDMENTS
2.1 This Agreement is an integral part of any agreement that provides the User with the right to use the Platform (Licenses), including licensing agreements concluded between the IP Rights Holder and Users, sublicense and other agreements concluded between Partners and Users.
With regard to Users using the Platform in the Trial Mode and Demo Mode, as well as to persons who installed the Platform but did not activate the License, Trial Mode or Demo Mode, this Agreement is recognized as an independent license agreement concluded between the IP Rights Holder and such a person.
2.2 Text of this Agreement in the current version is displayed when the Platform installation file is launched prior to the Platform installation process. A prerequisite for starting the installation process of the Platform is the expression of unconditional consent to this Agreement.
2.3 In taking action to install the Platform, activate the Licence and use the Platform, the person who carries out any of these actions shall reaffirm its full and unconditional acceptance of all the terms and conditions of this Agreement and undertake to comply with them unconditionally.
2.4 This Agreement may be amended by the IP Rights Holder at any time at its own discretion. The new version of the Agreement shall enter into force for the User from the moment of the installation and the beginning of his use of the Update, the condition of the installation and (or) the beginning of the use of which is acceptance of the terms of this Agreement in a new version. If the User refuses to accept the terms of this Agreement in a new version, he may refuse to install the Updates and continue using the Platform under the previous version under the same conditions.
2.5 Using the Platform, the User agrees that the Owner is entitled to transfer his rights and obligations under this Agreement to any third parties at his own discretion.
2.6 In the event that the agreement between the Owner and the User stipulates conditions for the provision of the Platform other than those described in this Agreement, for such User the Agreement will operate in accordance with the peculiarities, agreed between the IT Rights Holder and the User in writing.
2.7 The agreement between the Partner and the User may not contradict the terms of this Agreement. In the event that the agreement between the Partner and the User stipulates conditions for the provision of the Platform other than those described in this Agreement, such terms shall not apply and the agreement concluded between the Partner and the User shall be enforceable only in part, not contrary to this Agreement.
3. 1. FEATURES OF THE PROVIDING AND USE OF THE PLATFORM
3.1 The User is able to use the Platform functionality from the moment the License, Trial Mode or Demo Mode is activated. The use of the Platform, including its distribution (installation file), without activation of the License, Trial Mode or Demo Mode is prohibited.
3.2 The term and territory of use of the Platform, as well as the Information Environment for its use, shall be determined by the License purchased by the User, and for persons using the Trial Mode and the Demo-Mode or having installed the Platform, but not having activated the License, Trial Mode or Demo-Mode regime, by this Agreement.
3.3 Upon expiration of the License, Trial Mode or Demo Mode, the Platform shall cease to operate. For further use of the Platform it is necessary to purchase the License and get from the IP Rights Holder the Key for its activation. A user who decides not to purchase a License after the end of the Platform's Trial or Demo mode use is obliged to remove the Platform from its equipment immediately, including its distribution.
3.4 The platform is installed on the User's equipment (computer, server or any other), owned by him or lawfully used by him in his own activities.
3.5 To use the Platform, the User needs certain technical and software tools, requirements for which are described in the User Documentation and this Agreement. By installing the Platform, the User confirms that he has all the information he needs about the technical and software requirements necessary to use and (or) be compatible with the Platform. The User guarantees by himself and at his own expense the availability of such means and the possibility of their use.
3.6 The Platform License is activated by the Key. In order to receive it, the User sends a request to a following e-mail help@pixrpa.ru containing information about the User and UID (a unique code consisting of letters and numbers displayed by the Platform when attempting to activate the License on it). Upon receipt of such a request, the IT Rights Holder verifies that the User has acquired the License and, if confirmed, sends the User the Key necessary to activate the License on the Platform.
Activation of the Platform in Trial mode is done with the Key. In order to receive it, the User sends a request to a following e-mail help@pixrpa.ru containing information about the User and UID (a unique code consisting of letters and numbers displayed by the Platform when attempting to activate the License on it). Upon receipt of such a request, the IP Rights Holder shall, at its own discretion, decide whether or not to grant the Key to the User. The IT Rights Holder is not obliged to respond to such a request.
3.7 The platform can only be activated with the Key on one device (computer, server or any other) and only on the copy of the Platform for which the User has requested the Key (identified by UID). Reuse of the Key, including for the purpose of transferring the Platform to another device, is prohibited. In the event that the IP Rights Holder, at the User's request, provides him with a Key for transferring the Platform to another device (activating a previously activated License on another device), the User guarantees that the Platform is removed, cannot or will not be used on the previous device. The decision to grant such a request is made by the IT Rights Holder and it is at his own discretion to refuse it without giving reasons.
3.8 The user is entitled to use the Platform, including any of its contents, including Content, only under the conditions (including the Information Medium) and in the ways expressly provided for by the License, this Agreement and (or) the explicit functionality of the Platform.
3.9 When using the Platform, the User is obliged to comply with all technical requirements and restrictions provided for it.
3.10 The User is obliged to use the Platform, its functionality and Content in good faith, without violating the legislation of the Russian Federation (or other applicable legislation) and the rights of third parties, including the authors and IT Rights Holders of the Platform.
3.11 The User has the right to use the Content exclusively as part of the Platform. The use of any Content outside of the Platform is prohibited.
3.12 For the avoidance of doubt, the User is prohibited from:
a. copy, or otherwise misuse the program code, design design and other Content of the Platform;
b. change in any way the program code of the Platform, perform actions that can adversely affect the functioning and performance of the Platform;
c. disassemble and (or) decompile (convert the object code into source code) the Platform software, except for cases when the possibility of such actions is directly provided for by the current legislation of the Russian Federation;
d. modify the software of the Platform, including making changes to the object code of the software of the Platform, with the exception of those changes that are made by means included in the software of the Platform and described in the User Documentation;
e. carry out actions aimed at bypassing the technical and other limitations of the Platform, open the technology, decrypt and perform other actions with the Platform object code, create derivative software products without the written consent of the IP Rights Holder;
f. create conditions for the use of the Platform by persons who do not have the right to use the Platform, including, but not limited to the following: providing third parties with the ability to initially install the Platform and install Updates, interfering with the operation of the Platform, providing third parties with access to research or changing the Platform settings;
g. carry out reverse engineering of the Platform (research of the Platform and related documentation to establish the principles of the Platform operation) in order to modify the Platform or create software with similar functions;
h. use any devices, programs or processes to interfere with the normal operation of the Platform;
i. use the Platform on equipment and information systems on / in which unlicensed software is installed.
3.13 Under no circumstances, the User has the right to use the Platform if any failure to operate the Platform can lead directly to death, injury, significant physical damage or damage to the environment, including but not limited to the use of the Platform for organizing, ensuring, monitoring the work:
- equipment for any nuclear installations;
- navigation equipment of aircraft and other vehicles, communication systems or flight control or other movements using any vehicles;
- air traffic control systems or other traffic control systems;
- medical equipment;
- security systems and weapons.
3.14 The IP Rights Holder has the right at any time, at its sole discretion, to make amendments to the User Documentation. Notification of such changes is posted on the Site, and is also sent to the e-mail of Users who have a License (unless otherwise provided by this Agreement). If changes in the User Documentation are related to the addition of its information, designed to facilitate the process of using the Platform, without changing the purpose, functionality, capabilities and limitations of the Platform, as well as without changing the technical and other requirements for its installation and use, such changes are made without notifying the Users.
4. INTELLECTUAL PROPERTY
4.1 The platform is a source of intellectual property, contains the results of intellectual activity and means of individualization belonging to the IT Rights Holder and other persons.
4.2 The IT Rights Holder guarantees the legality of using the Platforms and Application Control and within the limits guaranteed by the License, this Agreement and the explicit functionality of the Platform. Any other use of the Platform and Content is prohibited.
4.3 During the validity period of the licenses, the User has the right to use the Platform on the terms of a simple (not exclusive) license for products:
a) reproduction of distributions (installation file) of the Platform for user equipment (computer, server or other) in the number of electronic copies corresponding to the number of licenses received;
b) activate the Platform in the Information Environment;
c) use the platform in accordance with its intended and explicit functionality;
d) update the Platform in the event that the IT Rights Holder publishes Updates.
4.4 During the period of using the Platform in the Trial Mode and Demo Mode, the User has the right to use the Platform under a simple (not exclusive) license in the following ways:
a) reproduce the distribution kit (installation file) of the Platform on user equipment (computer, server or other);
b) activate the Platform on user equipment (computer, server or other);
c) use the Platform in accordance with its purpose and explicit functionality;
d) update the Platform in the event that the IT Rights Holder publishes Updates.
4.5 Using the Platform without activating the License, Trial mode or Demo mode is possible only by playing the distribution of the Platform and the Platform itself on equipment (computer, server or other) in order to subsequently activate the Platform in one of these modes.
4.6 The term of use of the Platform in the Trial mode is usually sixty (60) days from the date of activation of the Trial mode. It can be increased or reduced by the IT Rights Holder at its own discretion unilaterally out of court.
4.7 The term of using the Platform in the Demo mode is determined by the IT Rights Holder at its sole discretion unilaterally. After the expiration of the period established by the IT Rrights Holder, the Platform will cease to function in Demo mode. The User has the right to use the Platform in Demo mode for the entire period of time when it retains its functionality.
4.8 The right to use the Platform in Trial mode and Demo mode can be used worldwide.
4.9 The User who purchased the License is not entitled to transfer it to third parties.
4.10 During (within) the term of the License, the User has the right to install and use Updates, if they are released by the IT Rights Holder under the conditions described in the License and this Agreement.
4.11 By installing the Platform, the User acknowledges and agrees that the Platform itself and all of its Content are protected results of intellectual activity and (or) means of individualization, and that the rights to them are valid and protected in all forms, on all media and in relation to all technologies , both currently existing and developed or created subsequently. No exclusive rights to the Platform and any of its contents are transferred to the User and do not arise from him as a result of the Agreement and (or) use of the Platform.
4.12 The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, transferring the Platform and any of its content, creating derivative works, making or selling products based on them, reproduce, display or in any other way use such rights without the express permission of their owners.
4.13 Actions and (or) omissions of the User resulting in a violation of the rights of the IT Rights Holder or aimed at a violation of the rights of the IT Rights Holder to the Platform and (or) Content entail criminal, civil and administrative liability in accordance with the legislation of the Russian Federation.
4.14 The User undertakes to inform the IT Rights Holder without delay of any violation of rights to the Platform that has become known to him.
5. SPECIAL CONDITIONS
5.1 The Platform is transferred to the User in the form in which it exists at the time of the conclusion of this Agreement. The user is aware of the most important functional properties of the Platform. The User uses the Platform as such at his own risk.
5.2 The IT Rights Holder does not guarantee the User to achieve any goals or results expected or envisioned by the User as a result of using the Platform.
5.3 The IT Rights Holder does not guarantee that the Platform will operate continuously, quickly, reliably and without errors.
5.4 The IT Rights Holder is constantly working to improve the Platform, however, does not undertake any obligations and does not give any guarantees regarding the elimination of errors in the Platform.
5.5 The IT Rights Holder has the right (but is not obliged) at his own discretion to make the completion and modification of the Platform by releasing Updates. Installation and use of Updates are not mandatory for the User.
5.6 In the event that the IT Rights Holder releases Updates and (or) new modules of the Platform, the IT Rights Holder does not undertake the obligation to ensure compatibility of previously released versions of the Platform and (or) Platform modules, the Licenses for which are provided to the User, with new versions of the Platform and (or) new Platform modules.
5.7 The IT Rights Holder does not guarantee the operability of the Platform in conjunction with software and equipment of other manufacturers, unless otherwise specified in the User documentation.
5.8 The User is responsible for all expenses related to the use of the Platform. Under no circumstances shall the IT Rights Holder reimburse such expenses.
5.9 The content of the Platform is defined by the IT Rights Holder and can be changed by him at his own discretion when creating the Updates.
5.10 The IT Rights Holder strives to provide Users with the information necessary to use the Platform and provide remote consulting assistance in its use, but does not assume any obligations and does not give any guarantees as to how he will carry out such actions. Decisions on their implementation, the procedure and conditions for their implementation, always remain at the discretion of the IT Rights Holder.
5.11 The IT Rights Holder has the right, independently or with the involvement of third parties in any manner not contrary to the law, to control the use of the Platform by the User for compliance with the conditions and restrictions provided by the License, by this Agreement and User Documentation. At the request of the IT Rights Holder, the User is obliged to provide the IT Rights Holder with a report on the use of the Platform within 10 (ten) working days from the date when the corresponding request of the IT Rights Holder has been received by the User or is deemed to have been received by him in accordance with the applicable law. The IT Rights Holder is also entitled to request access to the User's equipment on which the Platform is installed in order to verify that the User complies with the conditions and restrictions provided for in the License, this Agreement and User's Documentation. The user is obliged to provide the specified access within the time agreed with the IT Rights Holder, but not later than 10 (ten) working days from the date when the corresponding request of the IT Rights Holder is received or, in accordance with applicable law, is considered received by the User.
5.12 In case of violation by the User of the conditions and restrictions stipulated by the License, this Agreement or User Documentation, and in case of failure to provide the IT Rights Holder at his request with a report on the use of the Platform or access to the User's equipment, on which the Platform is installed, the IT Rights Holder is entitled at his own discretion to revoke the License, to prohibit it from further use of the Platform, by notifying the User.
5.13 Unless otherwise provided in the License Agreement and otherwise agreed in writing, the IT Rights Holder shall have the right freely to use and dispose of any statistical information related to the operation of the Platform, including, but not limited to, improving the Platform, fixing bugs in its work, and creating Updates. Such information can be collected by sending the Platform to the IT Rights Holder's server automatically. Furthermore, the IT Rights Holder will not have access to the data processed by the User using the Platform.
5.14 In carrying out actions on the activation of the License, the User expresses its consent to the IT Rights Holder mentioning the User as one of its customers, including on the Site and in advertising materials of the IT Rights Holder, using the name and other means of individualization of the IT Rights Holder.
6. LIABILITY
6.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation. The User is directly liable to the IT Rights Holder.
6.2 If the User violates the legislation of the Russian Federation or other applicable legislation, the terms of the License or this Agreement when using the Platform, as well as if the IT Rights Holder has reasonable suspicions of such a violation, the IT Rights Holder has the right to take measures aimed at preventing the User from using the Platform.
6.3 The User is solely responsible for the technical and software used by him to use the Platform or when using it, as well as for the availability of other resources necessary for using the Platform.
6.4 The User independently determines the method of using the Platform based on the available explicit functionality of the Platform and is independently responsible for all actions performed by him using the Platform. Under no circumstances is the IT Rights Holder responsible for the results and consequences of the User's use of the Platform, as well as for the actions performed by the User using the Platform.
6.5 The User is solely responsible for any consequences of his violation of the License, this Agreement and the requirements of the User Documentation, including in cases where such violations have led to the restriction or termination of the User's ability to use the Platform. Under no circumstances will the IT Rights Holder compensate the User for losses incurred as a result of such violations, including as a result of the revocation of the License or other limitation of the User's ability to use the Platform.
6.6 The user who activated the License is responsible for the safety and the possibility of using the equipment on which the Platform is installed. In case of loss of the ability to use such equipment or the possibility of using the Platform on it for any reason, the User is not entitled to demand the provision of a new Key to activate the License on another device, and the IT Rights Holder is not obliged to provide him with such a Key.
6.7 The IT Rights Holder does not make a refund for the period during which the User did not have the right or the opportunity to use the Platform as a result of the actions of the IT Rights Holder provided for in clauses 5.12, 6.2, 6.5 and 6.6 of this Agreement.
6.8 The IT Rights Holder is not responsible for direct or indirect losses (damage), including but not limited to lost profits, property losses, loss of confidential information, incurred by the User or any other third parties as a result of using the Platform, including due to possible errors and failures in the operation of the Platform, incorrect configuration, improper use or inability to use the Platform.
6.9 The liability of the IT Rights Holder for any damage or property loss incurred by the User and (or) any third parties in connection with the execution by the Parties of this Agreement will be limited to a sum of money equal to 30,000 (thirty thousand) rubles in any case.
7. APPLICABLE LAW AND PROCEDURE OF SETTLING DISPUTES
7.1 This Agreement and all related legal relationships, including all legal relationships associated with the use of the Platform, are governed by the legislation of the Russian Federation without regard to its conflict of laws rules.
7.2 All disputes, disagreements and claims of the Parties that may arise in connection with the conclusion, execution, termination or invalidation of this Agreement, as well as any disputes of the Parties arising in connection with the use of the Platform and its Content, the Parties will seek to resolve through negotiations. The Party, which has claims and (or) disagreements, sends a message to the other Party indicating the claims and (or) disagreements.
7.3 The communication referred to in paragraph 7.2 of this Agreement shall be sent to:
- By User to IT Rights Holder by e-mail to info@pixrpa.ru as well as in writing by sending by registered mail with delivery notice to the address specified in section 9 of this Agreement;
- By the IT Rights Holder to the User by e-mail to the address from which the User's request for the provision of the Key was received or another email address of the User reliably known to the IT Rights Holder.
7.4 If the reply to the message is not received by the Party that sent the message within 30 (thirty) calendar days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and (or) disagreements that have arisen, the dispute shall be submitted to the court.
7.5 All disputes between the Parties not settled in pre-trial proceedings shall be considered in court at the place of the IT Rights Holder's residence in accordance with the procedural and substantive law of the Russian Federation: Disputes with legal persons and individual entrepreneurs are subject to consideration in the Moscow Arbitration Court. Disputes with natural persons who do not have the status of individual entrepreneur are subject to consideration in the Kuntsev District Court of Moscow.
8. FINAL PROVISIONS
8.1 This Agreement shall enter into force from the date of installation of the Platform on any hardware and software (regardless of the activation of the License, Trial mode or Demo mode) and is valid until the date of complete removal of the Platform (including the distribution kit) from the User's hardware and software.
8.2 The parties acknowledge that all proper electronic correspondence between them is evidentiary and can be used as written evidence in resolving disputes that arise. The proper electronic correspondence means the exchange of written messages (letters) by e-mail at the addresses determined in accordance with clause 7.2 of the Agreement. At the same time, the Parties confirm that only them or persons duly authorized by them have access to such electronic mailboxes.
Sufficient confirmation of the sending of the electronic message is a copy of the outgoing message indicating the addressee, the date and time of sending the message, and the person who sent the message. Whereas an electronic "read receipt" report is manually controlled by the recipient of the message, such a report is optional.
An e-mail sent in accordance with this clause is considered received on the working day following the day it was sent.
8.3 The recognition by the court of any provision of this Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
8.4 The provisions of clauses 3.8, 3.11, 8.2 - 8.5 and sections 6 and 7 of this Agreement remain in effect after the termination of this Agreement and are subject to execution by the Parties.
8.5 Inaction on the part of the IT Rights Holder in case of violation by the User of the provisions of this Agreement does not deprive the IT Rights Holder of the right to take later appropriate actions in defense of his rights and interests.
9. IT RIGHTS HOLDER INFORMATION
Name: PIX ROBOTICS LLC Location address: 121205, Russian Federation, Moscow, Skolkovo Innovation Center, st. Nobel, 5, fl. 2, pom. 45, office 1 PSRN 1197746528715 HPI 9731050726
4.1 The platform is a source of intellectual property, contains the results of intellectual activity and means of individualization belonging to the IT Rights Holder and other persons.
4.2 The IT Rights Holder guarantees the legality of using the Platforms and Application Control and within the limits guaranteed by the License, this Agreement and the explicit functionality of the Platform. Any other use of the Platform and Content is prohibited.
4.3 During the validity period of the licenses, the User has the right to use the Platform on the terms of a simple (not exclusive) license for products:
a) reproduction of distributions (installation file) of the Platform for user equipment (computer, server or other) in the number of electronic copies corresponding to the number of licenses received;
b) activate the Platform in the Information Environment;
c) use the platform in accordance with its intended and explicit functionality;
d) update the Platform in the event that the IT Rights Holder publishes Updates.
4.4 During the period of using the Platform in the Trial Mode and Demo Mode, the User has the right to use the Platform under a simple (not exclusive) license in the following ways:
a) reproduce the distribution kit (installation file) of the Platform on user equipment (computer, server or other);
b) activate the Platform on user equipment (computer, server or other);
c) use the Platform in accordance with its purpose and explicit functionality;
d) update the Platform in the event that the IT Rights Holder publishes Updates.
4.5 Using the Platform without activating the License, Trial mode or Demo mode is possible only by playing the distribution of the Platform and the Platform itself on equipment (computer, server or other) in order to subsequently activate the Platform in one of these modes.
4.6 The term of use of the Platform in the Trial mode is usually sixty (60) days from the date of activation of the Trial mode. It can be increased or reduced by the IT Rights Holder at its own discretion unilaterally out of court.
4.7 The term of using the Platform in the Demo mode is determined by the IT Rights Holder at its sole discretion unilaterally. After the expiration of the period established by the IT Rrights Holder, the Platform will cease to function in Demo mode. The User has the right to use the Platform in Demo mode for the entire period of time when it retains its functionality.
4.8 The right to use the Platform in Trial mode and Demo mode can be used worldwide.
4.9 The User who purchased the License is not entitled to transfer it to third parties.
4.10 During (within) the term of the License, the User has the right to install and use Updates, if they are released by the IT Rights Holder under the conditions described in the License and this Agreement.
4.11 By installing the Platform, the User acknowledges and agrees that the Platform itself and all of its Content are protected results of intellectual activity and (or) means of individualization, and that the rights to them are valid and protected in all forms, on all media and in relation to all technologies , both currently existing and developed or created subsequently. No exclusive rights to the Platform and any of its contents are transferred to the User and do not arise from him as a result of the Agreement and (or) use of the Platform.
4.12 The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, transferring the Platform and any of its content, creating derivative works, making or selling products based on them, reproduce, display or in any other way use such rights without the express permission of their owners.
4.13 Actions and (or) omissions of the User resulting in a violation of the rights of the IT Rights Holder or aimed at a violation of the rights of the IT Rights Holder to the Platform and (or) Content entail criminal, civil and administrative liability in accordance with the legislation of the Russian Federation.
4.14 The User undertakes to inform the IT Rights Holder without delay of any violation of rights to the Platform that has become known to him.
5. SPECIAL CONDITIONS
5.1 The Platform is transferred to the User in the form in which it exists at the time of the conclusion of this Agreement. The user is aware of the most important functional properties of the Platform. The User uses the Platform as such at his own risk.
5.2 The IT Rights Holder does not guarantee the User to achieve any goals or results expected or envisioned by the User as a result of using the Platform.
5.3 The IT Rights Holder does not guarantee that the Platform will operate continuously, quickly, reliably and without errors.
5.4 The IT Rights Holder is constantly working to improve the Platform, however, does not undertake any obligations and does not give any guarantees regarding the elimination of errors in the Platform.
5.5 The IT Rights Holder has the right (but is not obliged) at his own discretion to make the completion and modification of the Platform by releasing Updates. Installation and use of Updates are not mandatory for the User.
5.6 In the event that the IT Rights Holder releases Updates and (or) new modules of the Platform, the IT Rights Holder does not undertake the obligation to ensure compatibility of previously released versions of the Platform and (or) Platform modules, the Licenses for which are provided to the User, with new versions of the Platform and (or) new Platform modules.
5.7 The IT Rights Holder does not guarantee the operability of the Platform in conjunction with software and equipment of other manufacturers, unless otherwise specified in the User documentation.
5.8 The User is responsible for all expenses related to the use of the Platform. Under no circumstances shall the IT Rights Holder reimburse such expenses.
5.9 The content of the Platform is defined by the IT Rights Holder and can be changed by him at his own discretion when creating the Updates.
5.10 The IT Rights Holder strives to provide Users with the information necessary to use the Platform and provide remote consulting assistance in its use, but does not assume any obligations and does not give any guarantees as to how he will carry out such actions. Decisions on their implementation, the procedure and conditions for their implementation, always remain at the discretion of the IT Rights Holder.
5.11 The IT Rights Holder has the right, independently or with the involvement of third parties in any manner not contrary to the law, to control the use of the Platform by the User for compliance with the conditions and restrictions provided by the License, by this Agreement and User Documentation. At the request of the IT Rights Holder, the User is obliged to provide the IT Rights Holder with a report on the use of the Platform within 10 (ten) working days from the date when the corresponding request of the IT Rights Holder has been received by the User or is deemed to have been received by him in accordance with the applicable law. The IT Rights Holder is also entitled to request access to the User's equipment on which the Platform is installed in order to verify that the User complies with the conditions and restrictions provided for in the License, this Agreement and User's Documentation. The user is obliged to provide the specified access within the time agreed with the IT Rights Holder, but not later than 10 (ten) working days from the date when the corresponding request of the IT Rights Holder is received or, in accordance with applicable law, is considered received by the User.
5.12 In case of violation by the User of the conditions and restrictions stipulated by the License, this Agreement or User Documentation, and in case of failure to provide the IT Rights Holder at his request with a report on the use of the Platform or access to the User's equipment, on which the Platform is installed, the IT Rights Holder is entitled at his own discretion to revoke the License, to prohibit it from further use of the Platform, by notifying the User.
5.13 Unless otherwise provided in the License Agreement and otherwise agreed in writing, the IT Rights Holder shall have the right freely to use and dispose of any statistical information related to the operation of the Platform, including, but not limited to, improving the Platform, fixing bugs in its work, and creating Updates. Such information can be collected by sending the Platform to the IT Rights Holder's server automatically. Furthermore, the IT Rights Holder will not have access to the data processed by the User using the Platform.
5.14 In carrying out actions on the activation of the License, the User expresses its consent to the IT Rights Holder mentioning the User as one of its customers, including on the Site and in advertising materials of the IT Rights Holder, using the name and other means of individualization of the IT Rights Holder.
6. LIABILITY
6.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation. The User is directly liable to the IT Rights Holder.
6.2 If the User violates the legislation of the Russian Federation or other applicable legislation, the terms of the License or this Agreement when using the Platform, as well as if the IT Rights Holder has reasonable suspicions of such a violation, the IT Rights Holder has the right to take measures aimed at preventing the User from using the Platform.
6.3 The User is solely responsible for the technical and software used by him to use the Platform or when using it, as well as for the availability of other resources necessary for using the Platform.
6.4 The User independently determines the method of using the Platform based on the available explicit functionality of the Platform and is independently responsible for all actions performed by him using the Platform. Under no circumstances is the IT Rights Holder responsible for the results and consequences of the User's use of the Platform, as well as for the actions performed by the User using the Platform.
6.5 The User is solely responsible for any consequences of his violation of the License, this Agreement and the requirements of the User Documentation, including in cases where such violations have led to the restriction or termination of the User's ability to use the Platform. Under no circumstances will the IT Rights Holder compensate the User for losses incurred as a result of such violations, including as a result of the revocation of the License or other limitation of the User's ability to use the Platform.
6.6 The user who activated the License is responsible for the safety and the possibility of using the equipment on which the Platform is installed. In case of loss of the ability to use such equipment or the possibility of using the Platform on it for any reason, the User is not entitled to demand the provision of a new Key to activate the License on another device, and the IT Rights Holder is not obliged to provide him with such a Key.
6.7 The IT Rights Holder does not make a refund for the period during which the User did not have the right or the opportunity to use the Platform as a result of the actions of the IT Rights Holder provided for in clauses 5.12, 6.2, 6.5 and 6.6 of this Agreement.
6.8 The IT Rights Holder is not responsible for direct or indirect losses (damage), including but not limited to lost profits, property losses, loss of confidential information, incurred by the User or any other third parties as a result of using the Platform, including due to possible errors and failures in the operation of the Platform, incorrect configuration, improper use or inability to use the Platform.
6.9 The liability of the IT Rights Holder for any damage or property loss incurred by the User and (or) any third parties in connection with the execution by the Parties of this Agreement will be limited to a sum of money equal to 30,000 (thirty thousand) rubles in any case.
7. APPLICABLE LAW AND PROCEDURE OF SETTLING DISPUTES
7.1 This Agreement and all related legal relationships, including all legal relationships associated with the use of the Platform, are governed by the legislation of the Russian Federation without regard to its conflict of laws rules.
7.2 All disputes, disagreements and claims of the Parties that may arise in connection with the conclusion, execution, termination or invalidation of this Agreement, as well as any disputes of the Parties arising in connection with the use of the Platform and its Content, the Parties will seek to resolve through negotiations. The Party, which has claims and (or) disagreements, sends a message to the other Party indicating the claims and (or) disagreements.
7.3 The communication referred to in paragraph 7.2 of this Agreement shall be sent to:
- By User to IT Rights Holder by e-mail to info@pixrpa.ru as well as in writing by sending by registered mail with delivery notice to the address specified in section 9 of this Agreement;
- By the IT Rights Holder to the User by e-mail to the address from which the User's request for the provision of the Key was received or another email address of the User reliably known to the IT Rights Holder.
7.4 If the reply to the message is not received by the Party that sent the message within 30 (thirty) calendar days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and (or) disagreements that have arisen, the dispute shall be submitted to the court.
7.5 All disputes between the Parties not settled in pre-trial proceedings shall be considered in court at the place of the IT Rights Holder's residence in accordance with the procedural and substantive law of the Russian Federation: Disputes with legal persons and individual entrepreneurs are subject to consideration in the Moscow Arbitration Court. Disputes with natural persons who do not have the status of individual entrepreneur are subject to consideration in the Kuntsev District Court of Moscow.
8. FINAL PROVISIONS
8.1 This Agreement shall enter into force from the date of installation of the Platform on any hardware and software (regardless of the activation of the License, Trial mode or Demo mode) and is valid until the date of complete removal of the Platform (including the distribution kit) from the User's hardware and software.
8.2 The parties acknowledge that all proper electronic correspondence between them is evidentiary and can be used as written evidence in resolving disputes that arise. The proper electronic correspondence means the exchange of written messages (letters) by e-mail at the addresses determined in accordance with clause 7.2 of the Agreement. At the same time, the Parties confirm that only them or persons duly authorized by them have access to such electronic mailboxes.
Sufficient confirmation of the sending of the electronic message is a copy of the outgoing message indicating the addressee, the date and time of sending the message, and the person who sent the message. Whereas an electronic "read receipt" report is manually controlled by the recipient of the message, such a report is optional.
An e-mail sent in accordance with this clause is considered received on the working day following the day it was sent.
8.3 The recognition by the court of any provision of this Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
8.4 The provisions of clauses 3.8, 3.11, 8.2 - 8.5 and sections 6 and 7 of this Agreement remain in effect after the termination of this Agreement and are subject to execution by the Parties.
8.5 Inaction on the part of the IT Rights Holder in case of violation by the User of the provisions of this Agreement does not deprive the IT Rights Holder of the right to take later appropriate actions in defense of his rights and interests.
9. IT RIGHTS HOLDER INFORMATION
Name: PIX ROBOTICS LLC Location address: 121205, Russian Federation, Moscow, Skolkovo Innovation Center, st. Nobel, 5, fl. 2, pom. 45, office 1 PSRN 1197746528715 HPI 9731050726