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Topos-Expert LLC End-User Sublicense Agreement defining the Terms of the Software Use
This End-User Sublicense Agreement (hereinafter referred to as Agreement) is legally binding and shall regulate the relations between Topos-Expert Limited Liability Company and You (User).
WARNING! Please read the terms of this Agreement carefully before using the Software.
Pressing the confirmation button in the window displaying the text of the Agreement when installing the Software or typing the corresponding symbol(s) constitutes acceptance of all terms and conditions of this Agreement. You should cancel the installation if you do not agree with the terms hereof.
1.1. Software means ToposPro software, supporting documentation, as described in the User Manual, as well as updates and upgrades.
1.2. Copyright Owners (exclusive owners of the Software) means citizens of the Russian Federation Blatov V.A. and Shevchenko A.P.
1.3. Licensee means Topos-Expert LLC, an organization providing Users with the rights to use the Software, distributing the Software and providing technical support pursuant to the license agreement with the Copyright Owners.
1.4. License means the right of User to use the Software in compliance herewith.
1.5. Computer means an operating system, a virtual machine, or hardware for the operation, installation and/or use of the Software.
1.6. User (You) means an individual installing or using the Software in their own name or being in legal ownership of a copy of the Software. In case the Software is downloaded or purchased in the name of a legal entity, the term User (You) shall hereinafter refer to a legal entity for which the Software has been downloaded or purchased and which has commissioned an individual to accept this Agreement in its name.
1.7. Update(s) mean all the improvements, adjustments, enhancements and/or modifications of the Software.
1.8. User Manual means all the hard copy and other supporting documentation, User Manual, reference, help file, and similar hard copy and electronic documentation which are in exclusive ownership of the Copyright Owners.
2. Granting the License
2.2. Under the License You shall have the right to install and run one copy of the Software on one computer for simultaneous use by one person.
2.3. User shall have the right to use the Software as well as results obtained with its help for the purposes of education and science exclusively. User shall not have the right to use the Software and the results obtained with its help to make profit (for commercial purposes).
2.4. This License is provided gratuitously.
2.5. You shall have the right to make a copy of the Software provided this copy shall only be used to make backups and to replace the copy legally obtained in case the original gets lost, destroyed or unusable. Such copy may not be used for other purposes and must be destroyed in case You are no longer a legal owner of the Software.
3.1. Copyright Owners and Licensee reserve all the rights that are not provided explicitly herein. In particular, this License does not grant You the right to: separately use or virtualize the capabilities of the Software; publish, copy (except making an authorized backup copy in accordance with 2.5. hereof), hire, lend, or provide the Software for temporary use; transfer the right to use the Software or the Software itself to third parties; try to go round the Software protection tools; as well as reverse engineer or otherwise study the technique, decompile, disassemble, modify the Software, or fulfill derivative works based on the Software, in full or in part.
3.2. This License shall not grant User the right to gratuitously obtain from Copyright Owner or Licensee:
Updates or new Software versions as they shall be developed;
access to Licensee's information and secondary resources.
User may contact Licensee via website http://topospro.com and sign a correspondent Agreement with Licensee to obtain the abovementioned Updates and services, if needed.
3.3. Any use of the Software or its components in violation of the terms hereof shall constitute an abuse of intellectual property rights of Copyright Owners and/or Licensee and shall give a ground to deprive You of the right to use the Software granted in accordance herewith without prior notice and without any damages whatsoever.
3.4. When using the results of research obtained with the help of the Software (including presenting, distributing, publishing, translating, making them available to general public, etc.), User shall be obliged to announce that the research has been conducted with the help of the Software indicating the copyright of Copyright Owners and providing the link to the article Blatov V. A., Shevchenko A.P., Proserpio D.M. // Cryst. Growth Des., 2014, 14, 3576.
3.5. User agrees that the Licensee shall obtain from User statistic data, including data on the Software version installed on User's Computer, Software usage frequency, etc., with the purpose of collecting and generalizing the information concerning the Software. This data shall be transferred by the Software automatically when used. The obtained data shall be protected by Licensee in accordance with legal requirements. Licensee shall have the right to employ the obtained data for internal use only.
4. Warranty Disclaimers
4.1. This disclaimer of warranties shall constitute an integral part of the License and refer to any use of the Software. The Software is provided to User "AS IS". Copyright Owner and Licensee provide no warranty whatsoever for its use or performance. To the fullest extent permitted by law, Copyright Owners and Licensee disclaim all warranties, terms (whether express or implied) whatsoever including without limitation all implied warranties of non-infringement of third parties rights, merchantability, satisfactory quality, integration, or fitness for any particular purpose. User hereby agrees that User shall bear responsibility for choosing the Software to obtain the necessary results, for installing and using the Software as well as for results obtained with the help of the Software.
4.2. You hereby agree that no Software is uninterrupted or error-free and You are recommended to make backups of your files.
4.3. Licensee does not warrant that the Software or the results of scientific research conducted with the Software will meet User's requirements and expectations.
5. Liability of the Parties
5.1. Considering that the Software is provided to User gratuitously, in no event shall Copyright Owners and/or Licensee be liable for any losses and/or damages inflicted to User or third parties (including losses in connection with shortfall in profits, loss of information, or any other material damages) arising in connection with using or incapability to use the Software, even if any Copyright Owners and/or Licensee have been advised of the possibility of such losses and/or damages. 5.2. User shall bear civil, administrative, or criminal responsibility for violation of the terms hereof, copyright, exclusive or other rights of Copyright Owners and/or Licensee in accordance with the legislation.
6. Intellectual Property Rights
6.1. You hereby agree that the Software, documentation, like other copyright items, as well as systems, ideas, work methodology, other information contained in the Software, trademarks are items of intellectual property of Copyright Owners or Licensee. This Agreement does not grant You any rights to use the items of intellectual property including the trademarks of Copyright Owners or Licensee apart from the rights granted to You by Licensee.
7. Applicable Law
7.1. This Agreement is regulated in accordance with the law of the Russian Federation.
7.2. In case disagreements arise in the course of negotiations that cannot be solved, all disagreements shall be settled in the Arbitration Court of Samara Region, Russian Federation.
8. Licensee's Contact Information
Ac.Pavlov St. 1, 443011 Samara, Russia
+7 846 335-67-98
+7 846 334-54-17
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The program package for multipurpose geometrical
and topological analysis of crystal structures.
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