1. Basic terms
1. Offer - this document published on the Internet at https://zimind.ru/license/.
2. Offer Acceptance - full and unconditional acceptance of the Offer by paying for the License in full.
3. Licensor - ZZZ WEB IT
4. Licensee - any natural or legal person who has accepted the Offer, who has the right to use the Program in his interest in accordance with the requirements of the current legislation and the License Agreement.
5. License Agreement - A license agreement on the provision of a simple (non-exclusive) right to a program to work on the Internet using the zimind application for a fee, which entered into force at the time of the Licensee's Acceptance of the Offer, and on the basis of which the Licensor granted the Licensee the rights to use it on the terms of this Offer.
6. Program (Application) - a program for working with mental maps and zimind diagrams, located on the Internet at https://zimind.ru/, both as a whole and its components, which is a set of data and commands presented in an objective form , including the source text, database, audiovisual works included by the Licensor in the specified zimind program, as well as any documentation on its use.
7. Use of the Program - the use of functionality and / or launch in the manner determined by the user (technical) documentation and the License Agreement.
8. Technical support - activities carried out by the Licensor within the limits and volumes established by him to ensure the functioning of the Program, including information and consulting support of the Licensees on the use of the Program.
9. Registration is an action of the Licensee aimed at creating an Account and an Account, carried out in the manner and for the purposes stipulated by this License Agreement.
10. Account - an entry in the Licensor's system (login / password pair) that stores data that allows the Licensee to be identified and authorized.
11. Account - a set of data from one copy of the Program with a unique identifier, with the help of which the program objects are grouped for their joint display and use.
12. License - granting the right to use a part of the Program code in the amount and within the limits established by this License Agreement and a certain tariff plan chosen by the Licensee according to the Licensor's price list published on the Internet at https://zimind.ru/price. The cost of the rights to the zimind application (License) is not subject to VAT.
2. Subject of the License Agreement1. The Licensor grants the Licensee, on a reimbursable basis, the right to use (simple non-exclusive term license) of the Program within its functionality by reproducing the program, exclusively for independent use by the Licensee without the right to sublicense to third parties.
2. This License Agreement is concluded by the Acceptance of the Offer and is valid throughout the entire period of the lawful use of the Program by the Licensee within the term of the copyright for it, provided that the Licensee properly observes the terms of this License Agreement.
3. The Licensor grants the Licensee the right to use the Program without restriction on the territory in the manner and on the conditions stipulated by the current legislation of the Russian Federation and the License Agreement.
3. Copyright and trademarks1. The program is the result of intellectual activity and the object of copyright (zimind application), which are regulated and protected by intellectual property law and international law.
2. The algorithms of the Program and its source codes (including their parts) are a trade secret of the Licensor. Any use or use of the Program in violation of the terms of the License Agreement is considered a violation of the Licensor's rights and is a sufficient reason to deprive the Licensee of the rights granted under this License Agreement.
3. The Licensor guarantees that it has all the necessary scope of rights to the Program to provide them to the Licensee, including the documentation for the Program.
4. Responsibility for copyright infringement occurs in accordance with applicable law.
5. This License Agreement does not grant the Licensee any rights to use the trademarks and service marks of the Licensor and / or its partners.
6. The Licensee may not under any circumstances remove or make obscure information and information about copyrights, trademark rights or patents specified in the Program.
4. Program Licenses1. The Licensee acquires a License for the Program, the list of which is posted on the Internet at: https://zimind.ru/price
2. The beginning of using the License (Basic, Premium) is the moment its full payment (purchase) by the Licensee.
3. The fact of receipt of payment by the Licensor is confirmed by the receipt of funds to the settlement account of the Licensor.
4. After receiving payment within one working day, the Licensor prepares accounting documents in accordance with the volume of the purchased Licenses. The provision of such documents to the Licensee is not mandatory for the Licensor, but upon request such documents can be submitted to the Licensee in one of the following ways: in person, by mail.
5. The Licensee (legal entity or individual entrepreneur), within 5 (five) working days from the date of receipt of accounting documents, signs and sends a signed copy to the Licensor. If the Licensee does not send a signed copy or a reasoned refusal to sign it to the Licensor within the specified time period, the document is considered signed by the Licensee without comment.
6. The term of the License begins to run from the date of purchase of the License. In the event that the relevant License expires and the Licensee does not acquire a new License, this License Agreement shall be terminated in full. The license is payable throughout the term of this License Agreement, regardless of the actual use of the Program by the Licensee.
7. Renewal of the License is carried out by purchasing a new similar License. If you purchase a new License before the expiration of the current License, the new License begins to operate at the time of the expiration of the previous one.
8. The Licensor has the right to conduct promotions, special offers and other advertising and marketing activities in relation to the Program.
9. The Licensor has the right to unilaterally change the types of Licenses by posting a new list on the Internet at https://zimind.ru/price.
5. Limitations of use1. The licensee is not entitled to take actions that may entail:
▪ unauthorized access to the Account;
▪ Causing or threatening damage to third parties, including by creating and (or) posting information, the content of which is contrary to the current legislation.
2. The Licensee is not given the opportunity and the right to modify the Program.
3. The Licensee independently ensures the availability of equipment that meets the technical requirements for using the Program and accessing the Internet.
4. The Licensee guarantees that he has all the necessary rights to all data, computer programs or services that he uses in connection with the use of the Program, and that such actions do not violate the rights of third parties.
5. The Licensee is not entitled to use the Program in any other way other than those specified in this License Agreement, as well as to copy, sell and resell it or access to it, unless the Licensee has received such permission from the Licensor.
6. Technical support1. The Licensor provides Technical support to the Licensee on issues related to the functionality of the Program, features of operation on standard configurations of supported operating, mail and other systems.
2. The Licensee has the right to contact the Technical Support Service of the Licensor without paying additional fees.
3. To provide Technical Support, the Licensor has the right to require the Licensee to provide information regarding the Account data, technical characteristics of equipment and other information necessary for the provision of Technical support.
7. Limited Warranty and Liability1. The Program is provided on an "As is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and can be applied for its specific purpose.
2. The Licensor does not initiate or control the creation and placement of any information by the Licensee in the process of using the Program, does not affect its content and integrity, and does not know and cannot know whether it violates the legally protected rights and interests of third parties, international treaties and current legislature.
3. The Licensor is not liable to the Licensee for any damage, any loss of income, profit, information or savings associated with the use or inability to use the Program, including in the event of prior notification from the Licensee about the possibility of such damage, or for any claim third party.
4. If errors are found while using the Program, the Licensor will take measures to correct them as soon as possible. The parties agree that the exact definition of the time period for the elimination of the error cannot be established, since the Program closely interacts with other third-party programs, operating systems and hardware resources of the Licensee's computer and the performance and time of troubleshooting do not fully depend only on the Licensor.
5. In the event that the Licensee commits actions prohibited by the provisions of the License Agreement, the Licensor has the right, without explaining the reasons and any notification Licensee to take measures to identify and prevent these violations.
6. For violation of the terms of the License Agreement, the Licensee is liable under the law.
8. Validity, amendment and termination of the License Agreement1. For all issues not regulated by the License Agreement, the Parties are guided by the current legislation of the Russian Federation.
2. The Licensor has the right to change the terms of the License Agreement unilaterally by posting the changed text on the Internet at https://zimind.ru/license/. Continued use of the Program by the Licensee after making changes and (or) additions to this License Agreement means the Licensee's acceptance of such changes and (or) additions.
3. The Licensor has the right, if the Licensee violates the terms of the License Agreement for the use of the Program, to unilaterally terminate this License Agreement.
4. Upon termination of the License Agreement by any party and for any reason, the Licensee is obliged to stop using the Program completely.
5. The return and / or exchange of the Program is not provided, since The licensee acquires the right to use the Program, which belongs to the objects of copyright and is protected as a literary work (part 4 of article 1259 of the Civil Code of the Russian Federation). Also, the Program, as a non-periodical publication, in accordance with Article 25 of the Law "On Protection of Consumer Rights" refers to the "List of non-food products that cannot be returned or exchanged".
6. In case of termination of this License Agreement by the Licensee, no refund is provided.
7. In the event that a competent court declares any provisions of this License Agreement to be invalid, the License Agreement shall continue to operate in the remainder of the term.
9. Additional provisions1. The Licensee is prohibited from using the Program for the implementation of mass mailing of electronic messages of a commercial, advertising and other nature, not agreed (not requested) by the recipient of the information by e-mail.
2. The use of the Program must be carried out by the Licensee only for lawful purposes and by legal means, taking into account the legislation of the Russian Federation.
3. The Licensor does not provide the Licensee with communication services, does not organize for him the possibility of access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for the reception, processing, storage, transmission, delivery of telecommunication messages.
10. Details of the Licensor1. Name: DOO ZZZ WEB IT
2. Abbreviated name: ZZZ WEB IT
3. Email: firstname.lastname@example.org