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License MSV

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Germinal Gimenez
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14 views

License MSV

Uploaded by

Germinal Gimenez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
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Mass Site Visitor - Terms and conditions

1. Preamble: This Agreement governs the relationship between user, a Business


Entity, (hereinafter: Licensee) and Alexey Tkachenko, a private person whose
principal place of business is Rivne, Ukraine (hereinafter: Licensor). This
Agreement sets the terms, rights, restrictions and obligations on using Mass Site
Visitor (hereinafter: The Software) created and owned by Licensor, as detailed
herein

2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable &


non-transferable, Pepetual, Commercial with terms, Without the rights to create
derivative works, Non-exclusive license, all with accordance with the terms set
forth and other legal restrictions set forth in 3rd party software used while
running Software.

2.1 Limited: Licensee may use Software for the purpose of:
2.1.1 Running Software on Licensee’s computing device;
2.1.2 Publishing Software’s output to Licensee and 3rd Parties;
2.1.3 Distribute verbatim copies of Software’s output;
2.1.4 Modify Software to suit Licensee’s needs and specifications.
2.2 This license is granted perpetually, as long as you do not materially
breach it.
2.3 Binary Restricted: Licensee may NOT sublicense Software as a part of a
larger work containing Software. Licensee may not distribute the Software in any
form, but an endorsement of the Software is welcome, and referring other people to
the pages online and elsewhere, where Licensor is selling the Software is
appreciated.

2.4 Non Assignable & Non-Transferable: Licensee may not assign or transfer
his rights and duties under this license.

2.5 Commercial use allowed with restrictions: You are allowed to direct the
traffic using The Software to any web-page of your choice, which might happen to be
monetized by you and therefore, using this software commercially in this way.

3. Term & Termination: The Term of this license shall be until terminated.
Licensor may terminate this Agreement, including Licensee’s license in the case
where Licensee :

3.1 became insolvent or otherwise entered into any liquidation process; or

3.2 exported The Software to any jurisdiction where licensor may not
enforce his rights under this agreements in; or

3.3 Licensee was in breach of any of this license's terms and conditions
and such breach was not cured, immediately upon notification; or

3.4 Licensee in breach of any of the terms of clause 2 to this license; or

3.5 Licensee otherwise entered into any arrangement which caused Licensor
to be unable to enforce his rights under this License.

4.Payment: In consideration of the License granted under clause 2, Licensee


shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor
may deem adequate. Failure to perform payment shall construe as material breach of
this Agreement.
5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to
time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole
discretion. Licensee hereby warrants to keep The Software up-to-date and install
all relevant updates and fixes, and may, at his sole discretion, purchase upgrades,
according to the rates set by Licensor. Licensor shall provide any update or Fix
free of charge; however, nothing in this Agreement shall require Licensor to
provide Updates or Fixes.

5.1 Upgrades: for the purpose of this license, an Upgrade shall be a


material amendment in The Software, which contains new features and or major
performance improvements and shall be marked as a new version number. For example,
should Licensee purchase The Software under version 1.X.X, an upgrade shall
commence under number 2.0.0.

5.2 Updates: for the purpose of this license, an update shall be a minor
amendment in The Software, which may contain new features or minor improvements and
shall be marked as a new sub-version number. For example, should Licensee purchase
The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.

5.3 Fix: for the purpose of this license, a fix shall be a minor amendment
in The Software, intended to remove bugs or alter minor features which impair the
The Software's functionality. A fix shall be marked as a new sub-sub-version
number. For example, should Licensee purchase Software under version 1.1.1, an
upgrade shall commence under number 1.1.2.

6. Support: Software is provided under an AS-IS basis and without any support,
updates or maintenance. Nothing in this Agreement shall require Licensor to provide
Licensee with support or fixes to any bug, failure, mis-performance or other defect
in The Software.

6.1 Bug Notification: Licensee may provide Licensor of details regarding


any bug, defect or failure in The Software promptly and with no delay from such
event; Licensee shall comply with Licensor's request for information regarding
bugs, defects or failures and furnish him with information, screenshots and try to
reproduce such bugs, defects or failures.

6.2 Feature Request: Licensee may request additional features in Software,


provided, however, that (i) Licensee shall waive any claim or right in such feature
should feature be developed by Licensor; (ii) Licensee shall be prohibited from
developing the feature, or disclose such feature request, or feature, to any 3rd
party directly competing with Licensor or any 3rd party which may be, following the
development of such feature, in direct competition with Licensor; (iii) Licensee
warrants that feature does not infringe any 3rd party patent, trademark, trade-
secret or any other intellectual property right; and (iv) Licensee developed,
envisioned or created the feature solely by himself.

7. Liability: To the extent permitted under Law, The Software is provided


under an AS-IS basis. Licensor shall never, and without any limit, be liable for
any damage, cost, expense or any other payment incurred by Licensee as a result of
Software’s actions, failure, bugs and/or any other interaction between The Software
and Licensee’s end-equipment, computers, other software or any 3rd party, end-
equipment, computer or services. Moreover, Licensor shall never be liable for any
defect in source code written by Licensee when relying on The Software or using The
Software’s source code.

8. Warranty:

8.1 Intellectual Property: Licensor hereby warrants that The Software does
not violate or infringe any 3rd party claims in regards to intellectual property,
patents and/or trademarks and that to the best of its knowledge no legal action has
been taken against it for any infringement or violation of any 3rd party
intellectual property rights.

8.2 No-Warranty: The Software is provided without any warranty; Licensor


hereby disclaims any warranty that The Software shall be error free, without
defects or code which may cause damage to Licensee’s computers or to Licensee, and
that Software shall be functional. Licensee shall be solely liable to any damage,
defect or loss incurred as a result of operating software and undertake the risks
contained in running The Software on License’s Server[s] and Website[s].

8. 3Prior Inspection: Licensee hereby states that he inspected The Software


thoroughly and found it satisfactory and adequate to his needs, that it does not
interfere with his regular operation and that it does meet the standards and scope
of his computer systems and architecture. Licensee found that The Software
interacts with his development, website and server environment and that it does not
infringe any of End User License Agreement of any software Licensee may use in
performing his services. Licensee hereby waives any claims regarding The Software's
incompatibility, performance, results and features, and warrants that he inspected
the The Software.

9. No Refunds: Licensee warrants that he inspected The Software according to


clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is
intangible goods, Licensee shall not be, ever, entitled to any refund, rebate,
compensation or restitution for any reason whatsoever, even if The Software
contains material flaws.

10. Indemnification: Licensee hereby warrants to hold Licensor harmless and


indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use
of The Software in means that violate, breach or otherwise circumvent this license,
Licensor's intellectual property rights or Licensor's title in The Software.
Licensor shall promptly notify Licensee in case of such legal action and request
Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-
action lawsuits against Licensor in relation to this license and to compensate
Licensor for any legal fees, cost or attorney fees should any claim brought by
Licensee against Licensor be denied, in part or in full.

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