User Agreement

Updated Apr 09, 2020

Before using this site and each time you access it, any software and any services or products available on the site or via the Software, you are required to agree with the Terms of Service of the site which Volodymyr Nehodov owns and operates.

Both the site and software are collectively called Services. You may only use these services if you accept and comply with these terms. When you see the words use and using this means to install,access, copy, download and use the services to your advantage. If you aren’t prepared to agree to the Terms, you must not access the Services. Every time you gain access to and would like to use these Services, the most recent edition of these Terms will be applicable. These Terms will be accessible on the Site every time you use it.

When you access the Services you are subject to our Privacy Policy, which you can find on the Site and which is integrated into these Terms. In addition, you must agree to follow diligently our policies, rules and procedures that we might publish on the Services now and again. We have the right when we choose to do so and without giving any notice to make alterations to these Terms. If you need answers to questions in relation to these Terms, you should not hesitate to contact us.

 

THIS IS A LEGALLY BINDING AGREEMENT. HOWEVER If YOU ARE HAVING DIFFICULTY UNDERSTANDING IT OR YOU DO NOT WANT TO ABIDE BY IT OR ITS PRIVACY POLICY, YOU SHOULD LEAVE THE SITE IMMEDIATELY AND YOU ARE NO LONGER AUTHORIZED TO GAIN ACCESS OR MAKE USE OF ANY OF THE SERVICES OFFERED OR ANY SOFTWARE. WHEN YOU WISH TO GAIN ACCESS OR MAKE USE OF THIS SITE, ITS SERVICES AND/OR ITS SOFTWARE, YOU MUST VERIFY THAT YOU ARE 18 YEARS OLD AT LEAST. IF YOUR AGE FALLS BETWEEN 13 AND 17 YEARS, YOU ARE ONLY ALLOWED TO USE THE SITE, THE SERVICES IT PROVIDES AND/OR ITS SOFTWARE ONCE YOU HAVE GAINED APPROVAL FROM YOUR PARENT OR GUARDIAN, THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO THIS AGREEMENT, AND YOU HAVE READ, UNDERSTAND AND AGREED TO ABIDE BY IT.

SOFTWARE AND LICENSES

When used in these Terms, the terms below should have their unique meanings as indicated and each of the meanings apply to both the plural and singular forms of the terms:

                    SOFTWARE

What is meant by "Software"is everything that is included in the following:

•                   downloads,

•                   disk(s),

•                   files,

•                   CD-ROM(s).

•                   Any other media that contains Volodymyr Nehodov Software which these Terms are applicable to.

These include the following:

•                   Registration information which is your own individual license key with your registration name;

•                   Documentation which is any related written materials or files;

•                   Setup files for software and code samples;

•                   Updates which are any upgrades, modified versions, additions, and software copies when are provided by us when required.

When referring to a "Trial Version" this is a Software version which can only be used to demonstrate, appraise and assess the Software. If you find there are any limitations or problems when accessing the Trial Version this is not a valid reason for requesting a refund for the license you have purchased.

LICENSE

If you agree to the Terms for Volodymyr Nehodov which is the licensor, you as the licensee have rights that are non-exclusive which enables you to utilize the Software as long as you agree to these Terms. Volodymyr Nehodov has protected the use of the Software according to standard copyright regulation sand internationally recognized copyright agreements, and other applicable intellectual property regulations and agreements. Volodymyr Nehodov has full rights to the Software which does not apply to you. It maintains its ownership of the copyright related to the Software.

ALLOWED USES AND ANYRESTRICTIONS

ALLOWED USES

As long as you adhere to the Terms, Volodymyr Nehodov provides you with a non-exclusive, but limited license to use the software which can at any time be revoked but cannot be transferred. You are entitled to use it as follows:

• You may install the Trial Version of the Software which can then be used by you only for trying and appraising it

• You can install this Version of Software and use it on as many systems as you want.

• The one use license only allows you to use the Software on two computer at any one time.

• You are not permitted to copy the software unless you have been given permission to do so.

• If you give a Trial Version of this Software to another party you will not be entitled to be compensated by us.

• You are not permitted to do any of the following:

  - rent to anyone else;

  - lease to anyone else;

  - lend to anyone else.

• You cannot transfer on a permanent basis any of your rights under these terms, unless you inform and permission is given and the assignee agrees with the terms of these terms.

• We do not take any responsibility of any results that occur when using Software that has been acquired illegally or sourced from a distributor who does not have any authorization to do so.

• You are not permitted to disassemble, adapt, copy, translate, modify, decompile, reverse engineer or generate any unoriginal works of the Software or go ahead and advertise any form of the Software except when permitted to do as described in the Terms and if allowed to do so by any applicable law.

• We could terminate your rights if you do not comply with the terms and conditions laid out in the Terms or other documents which have been referred to. If this happens you are asked to destroy all the copies of the Software which are in your possession.

TRANSFER

You are not allowed to rent, assign, sell, lease, lend, or redistribute or create a sub-license for this Software, except when stated here or with our express consent and agreement. You may, however, make a one-time permanent transfer of all of your license rights to the Software (in its original form as provided) to another party, provided We are notified of this action and approve the transfer and the assignee agrees to be bound by these Terms.

GENERAL TERMS

TERMINATION

These terms are in place until they are cancelled. Any rights given to you due to this license can be cancelled by us without prior warning if you do not abide by any specifications laid out in these Terms or you do not pay any applicable fees and charges which should be paid to us which are connected with your employment of the software. If these terms are cancelled, you should stop any use and wipe out, eliminate or delete all copies you have whether they are full or partial, of the Software you have downloaded onto your computer or any other device and which is in your possession or you have control over. All terms or conditions of these terms which meanings are clear shall be and must be performed after termination, will survive termination.

INDEMNIFICATION

No responsibility can beheld by you for any of the following: our affiliates and our and their agents,attorneys, consultants, contractors directors, employees licensees, licensors,officers, partners and third party service providers (known as the “Indemnitees”)from any and all claims, costs, expenses and liabilities, not excluding any reasonable attorneys’ fees (together known as, “Claim(s)”), that may or may be alleged to have arisen from the breach of these Terms, or from the use of the information or Services.

You are entirely responsible for the defense of any Claim leveled at any of the Indemnitees. The Indemnitees reserve the right to choose counsel of their own choice. You are also responsible for paying losses or damages that might result from any claim made against an Indemnitee. You may not make any separate agreement without our prior express written consent which puts an imposition of any liability o obligation on any Indemnitee.

WARRANTY DISCLAIMER

ALL SERVICES MADE AVAILABLE TO YOU ARE OFFERED “AS IS.” THERE IS NO WARRANTY PROVIDED, EITHER REAL OR IMPLIED. ALL SERVICES YOU USE ARE DONE SO AT YOUR OWN RISK. OUR WARRANTY DISCLAIMER INCLUDES THE FOLLOWING: WARRANTIES OF MERCHANT ABILITY;WARRANTIES OF FITNESS OF PURPOSE; WARRANTIES REGARDING ANY REAL OR IMPLIED INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; WARRANTIES THAT RELATE TO DELAYS,ERRORS, INTERRUPTIONS OR ABSENCE OF SERVICES, OR ANY PART OF THOSE SERVICES;WARRANTIES THAT RELATE TO THE DELIVERY OR TRANSMISSION OF SERVICES; WARRANTIES THAT RELATE TO THE PERFORMANCE OR LACK OF PERFORMANCE OF SERVICES AND WARRANTIES THAT RELATE TO DATA ACCURACY. WITHOUT LIMITING ANY OF THE FOREGOING,YOU ALSO AGREE TO ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY WARRANTY THAT WHATEVER NEEDS OR REQUIREMENTS YOU OR ANY OTHER PERSONS HAVE WILL NOT NECESSARILY BE PROVIDED BY THESE SERVICES. YOU ALSO ACKNOWLEDGE THAT ANY LIMITATION ON THE SERVICES PROVIDED ARE NOT COVERED BY WARRANTY IN THE EVENT OF ANY EXTERNAL FACTOR, SUCH AS POWER OUTAGES, LIMITED INTERNET AVAILABILITY.

LIMITATION OF LIABILITY

VOLODYMYR NEHODOV SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY TO YOU OR ANY OTHER THIRD PARTY. THIS INCLUDES ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THIS LIMITATION EXISTS TO THE EXTENT THAT IT IS PERMITTED ACCORDING TO THE RELEVANT LAW. THIS LIABILITY INCLUDES ANY DAMAGES THAT MIGHT ARISE THOUGH THE LOSS OF DATA OR INFORMATION, LOSS OF PROFIT, LOSS OF BUSINESS INFORMATION AND ANY OTHER LOSSES OR DAMAGES OF A COMMERCIAL NATURE THAT MIGHT RESULT FROM YOUR INABILITY TO USE THE SERVICES OR SOFTWARE OR ANY OTHER THIRD PARTY SOFTWARE APPLICATIONS HOWEVER THIS MIGHT HAVE HAPPENED. THIS LIMITATION ON LIABILITY IS IN FORCE EVEN IF THE POTENTIAL FOR THESE DAMAGES HAS ALREADY BEEN ADVISED TO VOLODYMYR NEHODOV. THIS LIMITATION ON LIABILITY IS IN EXISTENCE WHATEVER THE THEORY OF CONTRACT, TORT OR OTHER LIABILITY IN EXISTENCE.

IF A LOCAL JURISDICTION PREVENTS SUCH A LIMITATION ON LIABILITY, THE TOTAL LIABILITY OF VOLODYMYR NEHODOV FOR ANY AND ALL DAMAGES IN TOTAL WILL BE NO MORE THAN THE SUM OF FIFTY($50) DOLLARS. ALL FORE-MENTIONED LIMITATIONS WILL STILL APPLY NOTWITHSTANDING.

INTELLECTUAL PROPERTY

Intellectual property rights inherent in these services indicate copyright protection, as well as protection of patents, trade secrets and trademarks, including any other proprietary rights. These Terms may be violated by unauthorized use of any of these intellectual property rights and may also violate any relevant laws in force.You have not been given express or implied permission to use any of these services other than what has already been agreed. This includes infringement of our own property rights. Violation of intellectual property rights includes adapting, creating, copying, downloading, framing, modifying, republishing or transmitting derivative works through assigning, displaying, distributing,leasing, licensing, loaning, performing, reverse engineering or selling any services.

COMPLETE AGREEMENT AND SEVERABILITY

The Terms as stated above determine the complete agreement between Volodymyr Nehodov and you in relation to the use of the software. These terms also supersede any other agreement made prior or contemporaneously with this one.Unless any amendment or modification is written and signed by Volodymyr Nehodov, it will not be deemed binding. There will be no waiver granted in the event that either party fails to enforce the rights that are detailed in this agreement. This includes all subsequent actions and enforcements of rights in the event that there are any breaches of those rights in the future. In terms of the absence of a locally translated version of this agreement, the English language version will be the version that is upheld, depending on the law in your jurisdiction.

If any one particular provision is deemed invalid by the requirements of local law, or because of local requirements, this does not automatically invalidate all other provisions within this agreement. In the event there is a dispute over the legality of any particular provision, the validity of the provision will be interpreted to the greatest extent possible. If any provision is finally not deemed legally enforceable, then that provision will be removed for the purposes of this agreement.

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