License agreement 


Topos-Expert LLC End-User Sublicense Agreement defining the Terms of the Database 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 Database.

Pressing the confirmation button in the window displaying the text of the Agreement when installing the Database 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.

In case there is a written license agreement or a similar document between You and Topos-Expert LLC, the terms of use of the Database stipulated therein shall prevail over the terms of this Agreement.

1. Definitions

1.1. Database means Р’В«Topological Types CollectionsР’В» database, supporting documentation, as described in the User Manual, as well as updates and upgrades.
1.2. Copyright Owners (exclusive owners of the Database) means citizens of the Russian Federation ___.
1.3. Licensee means Topos-Expert LLC, an organization providing Users with the rights to use the Database, distributing the Database and providing technical support pursuant to the license agreement with the Copyright Owners.
1.4. License means the right of User to use the Database in compliance herewith.

1.5. Computer means an operating system, a virtual machine, or hardware for the operation, installation and/or use of the Database.
1.6. User (You) means an individual installing or using the Database in their own name or being in legal ownership of a copy of the Database. In case the Database 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 Database 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 Database.
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

2.1. You shall be provided with a non-exclusive License to install and use the Database to conduct scientific research described in the User Manual, provided You comply with all technical requirements described in the User Manual as well as all restrictions and terms of use of Database stipulated herein.
2.2. Under the License You shall have the right to install and run one copy of the Database on one computer for simultaneous use by one person.
2.3. User shall have the right to use the Database 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 Database and the results obtained with its help to make profit (for commercial purposes). Р С’ written license agreement between Licensee and User can stipulate the User's right to use the Database and the results obtained with its help to make profit (for commercial purposes).
2.4. You shall have the right to make a copy of the Database 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 Database.
2.5. Licensee hereby guarantees that no elements in violation of rights of third parties are used in the Database.
2.6. License term shall be set in accordance with the written Database License and Technical Support Agreement between You and Licensee. In case no such agreement has been signed, the term deems to equal one (1) month.

3. Restrictions

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: hire, lend, or provide the Database for temporary use; transfer the right to use the Database or the Database itself to third parties; try to go round the Database protection tools; publish, copy the Database (except making an authorized backup copy in accordance with 2.4. hereof); change the Database structure, the scope of information contained therein; fix errors in the Database; provide technical support of the Database on your own.
3.2. Any use of the Database 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 Database granted in accordance herewith without prior notice and without any damages whatsoever.
3.3. When using the results of research obtained with the help of the Database (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 Database indicating the copyright of Copyright Owners and providing the link to the article ___.

4. Limited Warranty and Warranty Disclaimers

4.1. Licensee hereby guarantees that the Database shall perform in accordance with the description provided in the User Manual.
4.2. You hereby agree that the Database is not uninterrupted or error-free and You are recommended to make backups of your files.
4.3. Licensee shall not be liable for the improper performance of the Database in case the terms provided in the User Manual are violated as well as in case User does not conform to the terms of this Agreement.
4.4. Copyright Owners and Licensee shall not be liable to User for improper performance of the Database in case User does not upgrade the Database.
4.5. Apart from the limited warranty provided for in this Section, the Database shall be delivered "AS IS". Copyright Owner and Licensee provide no warranty whatsoever for its use or performance. To the fullest extent permitted by applicable 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 Database to obtain the necessary results, for installing and using the Database as well as for results obtained with the help of the Database.
4.6. Licensee does not warrant that the Database or the results of scientific research conducted with the Database will meet User's requirements and expectations.

5. Liability of the Parties

5.1. To the fullest extent permitted by applicable law, 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 Database, 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 Database, documentation, like other copyright items, as well as systems, ideas, work methodology, other information contained in the Database, 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

Topos-Expert LLC
Samara, Russia


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