Sublicense agreement for the use software
Before using the software product, carefully read the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use this product. Installation and use of the product means your full acceptance of all clauses of this Agreement. The Agreement applies to all versions and modifications of SHOOTING-SOFT LLC software products.
Sublicense Agreement No. ____
SHOOTING-SOFT LLC, EIN 36-5010659, hereinafter referred to as the "Licensee", on the one hand, and ______________________________________, hereinafter referred to as the "User", on the other hand, collectively referred to as the Parties, and each individually as the Party, have entered into this Sublicense agreement (hereinafter referred to as the Agreement) on the following:
SHOOTING-SOFT LLC, EIN 36-5010659, hereinafter referred to as the "Licensee", on the one hand, and ______________________________________, hereinafter referred to as the "User", on the other hand, collectively referred to as the Parties, and each individually as the Party, have entered into this Sublicense agreement (hereinafter referred to as the Agreement) on the following:
1. The Subject of the Agreement
1.1. Under this Agreement, the Licensee undertakes to transfer to the User free of charge under the terms of a simple (non-exclusive) license the right to use computer programs, namely: software, within the limits and in the ways provided for in this Agreement. Under this Agreement, the Licensee does not grant ownership of the software products and their components, but only the right to use a copy of the software and its components in accordance with the terms of this Agreement.
1.2. The user is granted the right to use the software only for the purpose of getting acquainted with the capabilities of the software, excluding any use in entrepreneurial or other economic activities.
1.3. The User is the end user and does not have the right to transfer / alienate the right to use the software received from the Licensee to any third parties, is obliged to use the methods established in this Agreement, namely: the non-exclusive right to reproduce for the purpose of their installation and launch in accordance with the terms of the user documentation of the copyright holder. All provisions of this Agreement apply both to the entire product as a whole and to its individual components.
1.4. The Licensee confirms that at the time of transfer of the rights to use the software, the rights are not pledged, not arrested, are not the subject of claims by third parties and are not burdened with any other restrictions.
1.1. Under this Agreement, the Licensee undertakes to transfer to the User free of charge under the terms of a simple (non-exclusive) license the right to use computer programs, namely: software, within the limits and in the ways provided for in this Agreement. Under this Agreement, the Licensee does not grant ownership of the software products and their components, but only the right to use a copy of the software and its components in accordance with the terms of this Agreement.
1.2. The user is granted the right to use the software only for the purpose of getting acquainted with the capabilities of the software, excluding any use in entrepreneurial or other economic activities.
1.3. The User is the end user and does not have the right to transfer / alienate the right to use the software received from the Licensee to any third parties, is obliged to use the methods established in this Agreement, namely: the non-exclusive right to reproduce for the purpose of their installation and launch in accordance with the terms of the user documentation of the copyright holder. All provisions of this Agreement apply both to the entire product as a whole and to its individual components.
1.4. The Licensee confirms that at the time of transfer of the rights to use the software, the rights are not pledged, not arrested, are not the subject of claims by third parties and are not burdened with any other restrictions.
2. Rights and Obligations of the parties
2.1. The licensee is obliged:
2.1.1. Grant the User the right to use the software in accordance with the conditions established by this Agreement.
2.1.2. Use the User's personal data solely for the execution of this Agreement.
2.2. The user is obliged:
2.2.1. Accept the rights to use the software and use them strictly in the manner prescribed by this Agreement.
2.2.2. The User does not have the right to transfer the rights to use the software acquired under this Agreement to third parties.
2.1. The licensee is obliged:
2.1.1. Grant the User the right to use the software in accordance with the conditions established by this Agreement.
2.1.2. Use the User's personal data solely for the execution of this Agreement.
2.2. The user is obliged:
2.2.1. Accept the rights to use the software and use them strictly in the manner prescribed by this Agreement.
2.2.2. The User does not have the right to transfer the rights to use the software acquired under this Agreement to third parties.
3. Granted rights
3.1. The right to use the software is granted to the User indefinitely.
3.2. The user has the right to use the software in the scope of all functions in the following ways: writing a copy of the software to the computer memory, accessing a copy of the software, launching the software for execution.
3.3. The User does not have the right to reproduce copies of the software, with the exception of one working copy recorded in the memory of the User's computer.
3.4. The user has the right to make one copy of the documentation on paper solely for familiarization with the software.
3.5. The user agrees not to take actions aimed at:
3.1. The right to use the software is granted to the User indefinitely.
3.2. The user has the right to use the software in the scope of all functions in the following ways: writing a copy of the software to the computer memory, accessing a copy of the software, launching the software for execution.
3.3. The User does not have the right to reproduce copies of the software, with the exception of one working copy recorded in the memory of the User's computer.
3.4. The user has the right to make one copy of the documentation on paper solely for familiarization with the software.
3.5. The user agrees not to take actions aimed at:
- reproduction of the software and documentation in more copies than permitted by this Agreement;
- distribution of software and documentation, introducing them in any way into civil circulation;
- removal of existing notices of exclusive rights;
- change of access rights to the software.
4. Transfer of rights
4.1. The transfer of rights to the software is carried out within 3 (three) working days from the moment the Licensee receives the application and payment from the User.
4.2. The non-exclusive right to use the demo version of the software (non-exclusive license) is considered received by the User at the moment the User receives a link to download the software distribution package and license activation keys for these programs from the Licensee's email address: support@shooting-soft.com. From the moment of sending the specified links, the obligation of the Licensee to transfer the relevant rights is considered fulfilled.
4.3. The User is aware of the most important functional properties of the software, in respect of which the rights to use are granted, the User bears the risk of conformity of the software to his desires and needs, as well as the risk of conformity of the terms and scope of the granted rights to his desires and needs. The Licensee is not liable for any losses, damages, regardless of the reasons for its occurrence, (including, but not limited to, special, incidental or consequential damages, losses associated with lost profits, interruption of commercial or production activities, loss of business information, negligence , or any other damages) arising from the use or inability to use the software.
4.1. The transfer of rights to the software is carried out within 3 (three) working days from the moment the Licensee receives the application and payment from the User.
4.2. The non-exclusive right to use the demo version of the software (non-exclusive license) is considered received by the User at the moment the User receives a link to download the software distribution package and license activation keys for these programs from the Licensee's email address: support@shooting-soft.com. From the moment of sending the specified links, the obligation of the Licensee to transfer the relevant rights is considered fulfilled.
4.3. The User is aware of the most important functional properties of the software, in respect of which the rights to use are granted, the User bears the risk of conformity of the software to his desires and needs, as well as the risk of conformity of the terms and scope of the granted rights to his desires and needs. The Licensee is not liable for any losses, damages, regardless of the reasons for its occurrence, (including, but not limited to, special, incidental or consequential damages, losses associated with lost profits, interruption of commercial or production activities, loss of business information, negligence , or any other damages) arising from the use or inability to use the software.
5. Responsibility of the Parties
5.1. In case of violation by the User and / or third parties to whom the relevant rights were transferred, intellectual (property and non-property) rights of the Copyright Holder, illegal borrowing, plagiarism of software or its elements, interfaces, copying, reproduction, distribution of text and source code of software and / or part of the source code, as well as other uses of the results of the intellectual property of the Copyright Holder, the User is charged with a fine in the amount of 1,000,000 (one million) US dollars for each established fact of violation, as well as liability and compensation for losses, damages and lost profits incurred by the Copyright Holder as a result of violation by the User and/or third parties of the intellectual rights of the Copyright Holder, the amount of which is determined by the Copyright Holder.
5.2. In case of violation by the User of the terms and restrictions of this Agreement, he bears civil, administrative and / or criminal liability in accordance with applicable law, as well as in all other cases of non-fulfillment of obligations under the Agreement.
5.1. In case of violation by the User and / or third parties to whom the relevant rights were transferred, intellectual (property and non-property) rights of the Copyright Holder, illegal borrowing, plagiarism of software or its elements, interfaces, copying, reproduction, distribution of text and source code of software and / or part of the source code, as well as other uses of the results of the intellectual property of the Copyright Holder, the User is charged with a fine in the amount of 1,000,000 (one million) US dollars for each established fact of violation, as well as liability and compensation for losses, damages and lost profits incurred by the Copyright Holder as a result of violation by the User and/or third parties of the intellectual rights of the Copyright Holder, the amount of which is determined by the Copyright Holder.
5.2. In case of violation by the User of the terms and restrictions of this Agreement, he bears civil, administrative and / or criminal liability in accordance with applicable law, as well as in all other cases of non-fulfillment of obligations under the Agreement.
6. Consent to the processing of personal data
6.1. The User freely, by his own will and in his own interest, provides his personal data to the Licensee for the purposes of concluding and executing this Agreement, and gives the Licensee consent to their processing for the specified purposes, both with and without the use of automation tools. Consent is given for the duration of this Agreement.
6.2. The user agrees to the processing of the following personal data: last name, first name, contact phone number (optional), email address.
6.3. The User consents to the following actions for the processing of the User's personal data: collection, recording, systematization, accumulation, storage, clarification, retrieval, use, deletion, as well as their provision to the Licensor, or to the Copyright Holder or partner of the Licensee, whom the Licensee has engaged to fulfill its obligations by the certain agreement.
6.4. The User has the right to withdraw his consent to the processing of personal data at any time by sending a notification to the Licensee. The notification shall be sent by e-mail to support@shooting-soft.com indicating the last name and first name of the User.
6.1. The User freely, by his own will and in his own interest, provides his personal data to the Licensee for the purposes of concluding and executing this Agreement, and gives the Licensee consent to their processing for the specified purposes, both with and without the use of automation tools. Consent is given for the duration of this Agreement.
6.2. The user agrees to the processing of the following personal data: last name, first name, contact phone number (optional), email address.
6.3. The User consents to the following actions for the processing of the User's personal data: collection, recording, systematization, accumulation, storage, clarification, retrieval, use, deletion, as well as their provision to the Licensor, or to the Copyright Holder or partner of the Licensee, whom the Licensee has engaged to fulfill its obligations by the certain agreement.
6.4. The User has the right to withdraw his consent to the processing of personal data at any time by sending a notification to the Licensee. The notification shall be sent by e-mail to support@shooting-soft.com indicating the last name and first name of the User.
7. Dispute Resolution
7.1. In the event of any disputes and disagreements in the performance of obligations under this Agreement, the Parties, if possible, resolve through negotiations.
7.2. Disputes not settled in the process of negotiations are resolved in court in accordance with the procedure established by the current legislation, at the location of the Licensee. The term of pre-trial (claim) settlement is 30 (thirty) calendar days.
7.1. In the event of any disputes and disagreements in the performance of obligations under this Agreement, the Parties, if possible, resolve through negotiations.
7.2. Disputes not settled in the process of negotiations are resolved in court in accordance with the procedure established by the current legislation, at the location of the Licensee. The term of pre-trial (claim) settlement is 30 (thirty) calendar days.
8. Force majeure circumstances
8.1. The Parties shall not be liable for full or partial failure to fulfill the obligations stipulated by this Agreement if such failure is due to force majeure circumstances (natural disasters, hostilities, etc.).
8.2. If the circumstances specified in clause 8.1 affected the deadline for the fulfillment of obligations, then it is postponed in proportion to the duration of the relevant circumstances, but not more than one month. If the circumstances continue to operate for more than one month, then each of the Parties has the right to terminate this Agreement, and in this case, none of the Parties is entitled to claim damages.
8.1. The Parties shall not be liable for full or partial failure to fulfill the obligations stipulated by this Agreement if such failure is due to force majeure circumstances (natural disasters, hostilities, etc.).
8.2. If the circumstances specified in clause 8.1 affected the deadline for the fulfillment of obligations, then it is postponed in proportion to the duration of the relevant circumstances, but not more than one month. If the circumstances continue to operate for more than one month, then each of the Parties has the right to terminate this Agreement, and in this case, none of the Parties is entitled to claim damages.
9. Duration of the Agreement
9.1. This Agreement comes into force from the date of its acceptance and is valid for the entire period of validity of the exclusive right to the software.
9.2. Acceptance is the following action of the User: The User entered his personal data in the form (questionnaire) on the site https://shooting-soft.com/ and clicked the "Buy" button at the end of the form, made the payment.
9.3. This Agreement shall remain in force during the term of the exclusive right to the software, unless otherwise specified.
9.1. This Agreement comes into force from the date of its acceptance and is valid for the entire period of validity of the exclusive right to the software.
9.2. Acceptance is the following action of the User: The User entered his personal data in the form (questionnaire) on the site https://shooting-soft.com/ and clicked the "Buy" button at the end of the form, made the payment.
9.3. This Agreement shall remain in force during the term of the exclusive right to the software, unless otherwise specified.
10. Privacy
10.1. The User undertakes to keep secret the confidential information that became available to him as a result of the conclusion of this Agreement with the Licensee, and also must not unfairly use such information for the purposes of competition.
10.2. The Parties undertake not to disclose or transfer confidential information (information) to third parties, and not to use them in any other way, except for the fulfillment of obligations under this Agreement.
10.3. The Parties undertake to take all necessary measures to keep secret confidential information and other information that became known to them as a result of the fulfillment of obligations under the Agreement.
10.4. The duty of confidentiality is unlimited.
10.5. Confidential information does not include information that:
10.1. The User undertakes to keep secret the confidential information that became available to him as a result of the conclusion of this Agreement with the Licensee, and also must not unfairly use such information for the purposes of competition.
10.2. The Parties undertake not to disclose or transfer confidential information (information) to third parties, and not to use them in any other way, except for the fulfillment of obligations under this Agreement.
10.3. The Parties undertake to take all necessary measures to keep secret confidential information and other information that became known to them as a result of the fulfillment of obligations under the Agreement.
10.4. The duty of confidentiality is unlimited.
10.5. Confidential information does not include information that:
- became known to the receiving Party after its transfer, and the receiving Party is not aware of the violation of the obligations on non-disclosure of confidential information provided for by this Agreement and it did not participate in the violation of these obligations;
- becomes publicly known at the time of transfer or after it and to which access was provided by the transferring Party to third parties without restrictions;
- has otherwise become public knowledge through no fault or omission or as a result of a breach of this Agreement
11. Final provisions
11.1. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation.
11.1. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation.