This document "License agreement for the use of software products and / or online services ScudCRM" is an offer of SE Movlianov O.N., registered in accordance with the legislation of Ukraine (hereinafter referred to as "Legal owner"), to conclude an agreement on the conditions set forth below.
Before using ScudCRM software products and / or online services, please read the terms of this license agreement.
1. General Provisions
1.1. Using the software products and / or online services ScudCRM, you agree that:
a) You have read the terms of this Agreement in full before using ScudCRM's Software Products and / or Online Services.
b) The commencement of your use of the ScudCRM Software Products and / or Online Services in any form means that you accept all the terms of this Agreement in its entirety without any exceptions and limitations on your part. Use of software products and / or online services ScudCRM on other terms is not allowed.
c) If you do not agree to the terms of this Agreement or are not entitled to its conclusion, you should immediately stop any use of the ScudCRM Software Products and / or Online Services.
d) The Agreement (including any of its parts) can be changed by the Copyright Holder without any special notification. The new version of the Agreement comes into force from the moment of its placement on the Site of the Rightholder, unless otherwise provided by the new edition of the Agreement.
1.2. In everything that is not provided for in this Agreement, the relationship in connection with the use of ScudCRM Online Services is governed by the ScudCRM Services Agreement (https://scud.com.ua/ in the Service Usage Agreement section) and the Privacy Policy (https: //scud.com.ua/ in the Privacy Policy section).
1.3. The current version of this Agreement is available on the Site of the Rightholder at: https://scud.com.ua/ in the License Agreement section.
1.4. In the event of a conflict between the version of the Agreement included in the distributed copies of the ScudCRM Software Products and the latest version of the Agreement posted on the Site of the Rightholder, the version of the Agreement placed on the Site of the Rightholder shall prevail.
2. Definitions
The words and expressions used in this License Agreement have the following meanings, unless otherwise expressly defined below:
2.1. License (Agreement) - this License Agreement for the use of ScudCRM Software Products and / or Online Services.
2.2. Online services ScudCRM - a set of software products ScudCRM and hardware rights holder, access to which is provided to Users using the Rightholder Site.
2.3. The rightholder is the company FOP Movlyanov O.N., registered in accordance with the legislation of Ukraine.
2.4. User is an individual or legal entity that has concluded this Agreement with the Copyright Holder in its own or another person's interest in accordance with the requirements of the current legislation and this Agreement.
2.5. ScudCRM software products are ScudCRM software complexes belonging to the Rightholder, a computer program or a database separately, as well as all subsequent updates and modifications intended for use on desktop and pocket personal computers, mobile phones, communicators, smartphones, servers.
2.7. The site of the Rightholder - Internet sites located in the domain at scud.com.ua, as well as other domains in the domain scud.com.ua.
2.9. Commercial use is beyond the scope of the functional use and / or rights granted to the use of the ScudCRM Software Products and / or Online Services, as well as other Intellectual Property objects by an individual for the purpose of generating income (profit), but by an individual entrepreneur or organization - for the purpose of extracting entrepreneurial benefits, including their provision or access to them on a reimbursable basis, i.e. for a fee or any counter-delivery of goods, works, services, or with the simultaneous provision of goods, works, services on a reimbursable basis in one form or another. Commercial use of ScudCRM Software Products and / or Online Services, as well as other Intellectual Property Objects, may be authorized by the Copyright Holder on the basis of a separate agreement with the User.
2.11. Privacy Policy - Privacy Policy posted on the Internet at: https://scud.com.ua/ua/forbuyers/5/.
3. Exclusive rights
3.1. ScudCRM software products and online services in general, and included in their composition or used with them computer programs, databases, reference and other textual materials, images and other objects of copyright and / or related rights, as well as objects of patent rights , trademarks, commercial designations and trade names, as well as other portions of the ScudCRM Software products and / or Online Services (whether they are included in them or are additional components, and whether it is possible to extract them from them (hereinafter referred to as "Intellectual Property Objects") are protected under the Ukriane Law on Copyright and Neighboring Rights No. 3792-XII (as amended) and other applicable legislative acts in the field of intellectual property protection, and belong to the Rightholder on an exclusive right, unless otherwise indicated in the notice of rights.
3.2. The rightholder retains exclusive rights to any results of processing (modification) of the Intellectual Property Objects allowed in accordance with this License and may at any time revoke his permission to use them at his own discretion without compensation of any expenses of the User for their creation and use.
3.3. Notification of rights to the Intellectual Property Object is placed on such Site or brought to the attention of the User when providing it. The absence of notice of rights does not mean that there is no legal protection or permission to use it for free.
4. Granting of the License
4.1. The use of ScudCRM Software Products and / or Online Services is strictly permitted under the terms of this License. If the User does not accept the terms of the License in its entirety, the User shall not be entitled to use the ScudCRM Software Products and / or Online Services for any purpose. Use of ScudCRM Software Products and / or Online Services with violation (non-fulfillment) of any of the License terms is prohibited.
4.2. The rights and methods of using ScudCRM Software products and / or online services that are not explicitly granted / permitted to the User under this Agreement are deemed not to be granted / prohibited by the Copyright Holder.
4.3. The use of ScudCRM Software products and / or online services under the terms of this License for non-commercial purposes is allowed to the User at no cost.
4.4. The rightholder has the right to place in the ScudCRM Software Products and / or Online Services any information and / or promotional materials and links to third-party Internet sites, and to grant the right to use the ScudCRM Software Products and / or Online Services in a specified way to third parties under a separate agreement .
5. User Rights
5.1. The rightholder grants to the User the right to use the ScudCRM Software Products and / or Online Services on a simple (non-exclusive) non-transferable license in all countries of the world in the ways indicated in this section.
5.2. Functional use of ScudCRM software products
The user has the right to use ScudCRM Software products for their direct functional purpose in accordance with the User's Manual, for the purpose of installing them on a server, desktop or pocket personal computer (s), smartphone (s) or other devices - "Devices").
In accordance with this clause, the User has the right to install ScudCRM Software products on an unlimited number of Devices, and also store or install copies of Software products on a data storage device (for example, on a network server) intended and used solely for the installation and operation of the Software on other available computers within the local network.
5.3. Playing ScudCRM Software Products
The User has the right to reproduce the ScudCRM Software products, copies of which are distributed by the Rightholder, for non-commercial purposes at no charge on any Devices and other types of media, provided that the combination, composition and contents of the ScudCRM Software products remain unchanged compared to how they are provided and / or are recommended for use by the Copyright Holder.
5.4. Distribution of ScudCRM Software Products
The User has the right to distribute ScudCRM Software products by transferring their copies reproduced in accordance with clause 4.3 of this Agreement for non-commercial purposes on a gratuitous basis and observing their integrity unless otherwise provided in writing by the Rightholder.
5.5. Functional use of Online services ScudCRM
The User has the right to use ScudCRM Online Services for direct functional purpose on an unlimited number of Devices in accordance with the terms of this License. At the discretion of the Rightholder, the use of certain online services of ScudCRM or their additional functionality may require the User to accept the terms of a separate agreement.
5.6. Use in the media, printing and outdoor advertising of data fragments from the Software Products and / or Online Services ScudCRM
The user has the right to reproduce the data fragments by copying the visual display of data generated by the ScudCRM Software Products and / or Online Services, as well as derivatives of such fragments (with additions, abbreviations, rotation angle changes and other processing) in periodicals, polygraphy, outdoor advertising and other printed and electronic publications, subject to the presence of a signature for each of the fragments of the following type:
© ScudCRM
The size of the font used to sign fragments of data in printed publications and printing should be at least 5 pt, in outdoor advertising - at least 2% of the area of the layout.
5.7. The right to use the Software Products and / or ScudCRM Online Services in accordance with this section is granted subject to the User's compliance with the restrictions established by this Agreement.
6. Restrictions on use (Volume of permitted use)
6.1. The User has no right independently or with the involvement of third parties:
6.1.1. Open the technology, emulate, create new versions, modify, decompile, disassemble, decrypt and perform other actions with the code of the ScudCRM Software Products and / or Online Services, aimed at violating the ScudCRM Software products protection system and / or online services from unauthorized use, extraction of materials, reference information and other materials from databases, as well as obtaining information about the implementation of algorithms used in Software products and / or ScudCRM Online services.
6.1.2. Create software or reference information products and / or services using the ScudCRM Software Products and / or Online Services, as well as the databases included in them or extracted (extracted) from them text and reference materials, as well as other Intellectual Objects property specified in clause 2.1 of this Agreement.
6.1.3. To reproduce and distribute ScudCRM Software products for commercial purposes without the written consent of the Copyright Holder.
6.1.4. To extract from the databases included in the ScudCRM Software products any reference and information materials and other materials and to carry out their subsequent use in any form and in any way.
6.1.5. Use the databases included in the ScudCRM Software products separately from such ScudCRM Software products.
6.1.6. To provide access to ScudCRM Online services for commercial purposes, including by broadcasting data from them in any way, including the use of frames and other software methods and methods that provide data from the Online ScudCRM service and their presentation on the website of third parties, unless otherwise provided is not stipulated in a separate agreement with the Copyright Holder.
6.1.7. Delete or in any way change the trademarks, industrial designs and copyright notices and any other rights included in the ScudCRM Software Products and / or Online Services.
6.2. For the avoidance of doubt DO NOT copy, reproduce, reprocess, distribute, publish freely on the Internet, use in the media and / or commercial use of reference materials, either directly extracted from databases included in the Software Products and / or online services ScudCRM, and obtained by copying the results of data processing using the Software products and / or online services ScudCRM, as well as derived from (with additions, reductions and other processing), except for the cases directly provided for in this License.
7. Automatic Updates
7.1. Periodically, ScudCRM software products can interact with Firmware's firmware to check for updates to ScudCRM Software products, such as modifications to ScudCRM Software products, add-on modules to them, and database updates (the "Updates").
7.2. By installing ScudCRM Software Products, the User agrees to the ability to perform queries, as well as obtaining and installing Updates in the automatic mode.
8. Privacy Policy
8.1. The User is not required to provide personal data for the use of the ScudCRM Software Products and / or Online Services, unless otherwise expressly provided for in a separate agreement for the use of such Software Products and / or ScudCRM Online Services.
8.2. Scope of processing and protection of information about Users received by the Rightholder in connection with the use of ScudCRM Software Products and / or Online Services by Users is determined by the Privacy Policy, taking into account the specifics specified in this Agreement and agreements for the use of certain Software products and / or ScudCRM Online Services in accordance with the Law of Ukraine on the protection of personal data.
9. Liability for the License
9.1. Due to the right to use ScudCRM Software Products and / or Online Services for non-commercial purposes within the License, the provisions of the consumer protection legislation are not applicable to the relations of the parties under the License free of charge.
9.2. ScudCRM's software products and / or online services are provided on an "as-is" basis, in connection with which the User is not provided any guarantees that: they will meet the requirements of the User; to be provided continuously, quickly, reliably and without errors; the results that can be obtained with their use will be accurate and reliable; all errors will be corrected.
9.3. All information and / or promotional materials placed in the Software Products and / or ScudCRM Online Services are provided by third parties. The rightholder is not responsible for the reliability of information and / or promotional materials of third parties, the availability of their Internet sites and their content, as well as for any consequences associated with the use of information and / or advertising, as well as Internet sites of third parties.
9.4. Since ScudCRM software products and / or online services are at the stage of permanent addition and updating of new functionality, the form and nature of the products and services provided may from time to time change without prior notice to the User. The rightholder has the right, at his own discretion, to terminate (temporarily or permanently) the provision of ScudCRM Software products and / or online services (or any particular parts of the products or service functions) to all Users in general or to an individual User in particular, and to modify or revoke the License without prior notification.
9.5. The User is liable for any breach of the obligations established by this Agreement and (or) applicable law, as well as for all consequences of such violations (including any damages that the Rightholder and other third parties may incur).
9.6. The rightholder reserves the right to prosecute violators of exclusive rights to intellectual property objects in accordance with civil, administrative and criminal legislation at their discretion.
10. Applicable law and arbitration
10.1. This Agreement, its interpretation, validity and execution, as well as statements, rights and obligations of the parties are determined and regulated in all respects by the legislation of Ukraine, including relevant laws on arbitration.
10.2. In the event of any dispute arising between or in connection with this Agreement, including in connection with the interpretation, performance, violation, termination or invalidity of this Agreement, the Parties must first attempt to resolve it through friendly negotiations. If it is not possible to resolve the dispute within fifteen (15) days after the start of the dispute, either party or both parties may refer the dispute to arbitration in accordance with paragraph 10.3 below.
10.3. Any and all disputes, contradictions and claims arising out of this Agreement or in connection with it, including in connection with its violation, termination or invalidity, shall be resolved in the Economic Court of Ukraine, in accordance with the procedure provided for by the legislation of Ukraine.
11. Rightholder's right to terminate the Agreement
This Agreement may be changed or terminated by the Copyright Holder unilaterally without prior notice to the User and without payment of any compensation in connection therewith, without prejudice to any other rights and remedies of the Copyright Holder and without liability to the User for any loss or damage that may be incurred be caused to him
12. Obligations upon termination of the Agreement
12.1. After the termination of the license for any reason User's right to use the Software and / or online services ScudCRM automatically terminate and the User is obliged to immediately stop the use of such services and to remove, destroy the Software ScudCRM, owned or controlled by the user, or otherwise permanently basis to exclude the possibility of their use, if applicable.
12.2. Ending the use of software products and / or online services ScudCRM, due to any reasons, it does not affect the right of a party under this Agreement that arose prior to the date of termination.
13. Force Majeure
Neither party shall be liable for any failure to perform or untimely performance of obligations under this Agreement, caused by causes beyond its reasonable control. Such failure to perform or untimely performance will not be a violation of this Agreement, and the maturity of the respective obligations shall be extended for a reasonable period of time.
14. Severability
If any part of this Agreement is recognized by a court of competent jurisdiction or other competent authority or by an arbitrator as invalid, unlawful or not enforceable, such part will be separated from the remaining terms of the Agreement, which remain valid and enforceable to the maximum extent permissible by law.
15. Waiver of rights
Failure to use or delay in the use of any of its rights, powers or remedies under this Agreement is not a waiver of such rights, and the one-time or partial use of such rights, powers or remedies does not prevent their further or other use. The waiver of the right must be made in writing. The remedies provided under this Agreement are cumulative and do not exclude the use of remedies provided by law.
16. Headings
The headings in this Agreement are used for convenience only and are not taken into account in the interpretation of the provisions of the Agreement.
17. Notification of rights
17.1. This section contains licenses and notices for the open source software built into the ScudCRM Software Version 4.0 ("ScudCRM 4.0"). ScudCRM 4.0 includes various open source software ("Software Components") that is licensed under open source software licenses. The license agreements for each Software Component accompany the software component files and grant the rights to use, copy, modify and distribute the Software Components (subject to certain obligations in specified cases), and in the form of source code and binary code, except as defined by the applicable license below.
17.2. About copyrights
The materials contained in ScudCRM 4.0 are protected by copyright. Copyright laws prohibit the copying, reproduction, use and distribution of data, logos, graphics, illustrations, product design and related documents (manuals, official documents, tables, etc.) in whole or in part without the permission of the copyright owner .
Logos MySQL, PosthreSQL, JQuery, PHP, Apache, Asterisk are registered trademarks and copyrighted property of their copyright holders.
The texts, graphics, images and product designations included in ScudCRM 4.0 are the property of the respective authors of these elements.
17.3. About the software
Copyright laws prohibit the use, copying, renting, alteration and distribution of software in whole or in part, without the permission of the copyright owner.
Using ScudCRM 4.0 under the terms of the corresponding license agreements does not mean transferring to the Users any proprietary or non-proprietary rights to use the Software Components. These rights are granted to Users with the appropriate licenses for the Software Components.
List of Software Components:
a) PostgreSQL
https://opensource.org/licenses/postgresql
b) MySql
http://www.gnu.org/licenses/gpl.html
c) PHP License
http://php.net/license/3_01.txt
d) JQuery
https://js.foundation/wp-content/uploads/sites/33/2017/03/JS-Foundation-IP-Policy.pdf
e) Apache
https://www.apache.org/licenses/LICENSE-2.0
f) Asterisk
https://wiki.asterisk.org/wiki/display/AST/License+Information
17.4. The user can receive, modify and distribute the source code of the Software Components in accordance with the terms of the respective licenses for them. These source codes may be available for downloading on the Rightsholder's website or may be provided by the Rightholder upon the User's request, provided that the Rightholder does not accept requests regarding the content of these source codes.
17.5. The interaction of ScudCRM 4.0 with the Software Components other than provided for in this agreement is not covered by the warranty. The Copyright Holder is not liable for any financial loss or loss of profits, including any third party claims arising from the use of the Software Components provided with ScudCRM 4.0.
17.6. Any questions regarding open source software included in ScudCRM 4.0 should be directed to support@scud.com.ua.