IMPORTANT! Before starting any use of the PC Software provided below please, read carefully the terms and conditions contained in the present Licence agreement. Installing, launching or other use of the Software means the appropriate conclusion of the present Agreement and your full consent with all its terms and conditions. If you do not agree to accept the terms and conditions of the present Agreement, you have no right to use the Software.
LICENCE AGREEMENT
The Present Licence agreement is applied to the PC Software: Realphones
The Present Licence agreement is applied to the PC Software: Realphones
1. MAIN TERMS
1.1. The licensor - dSONIQ OÜ; Registry code: 16461016;
VAT number: EE102475630: Adress: Sepapaja tn 6, 15551 Tallinn, Estonia
1.2. The licensee - any private person or legal entity that has the right to use the Software in own interest according to requirements of the present Agreement.
1.3. Software - "Realphones" computer program (as in general and its components) which is the set of data and commands in objective form including the source text, the database, audiovisual works compiled by the Licensor in the structure of the specified computer program as well as any documentation on its use.
1.4. Use of the Software – Launching and/or using functionality of the software in the order determined by the user (technical) documentation and the present Agreement.
1.5. The licence - the right to use "Realphones" Software under the terms and conditions of the present Agreement.
1.6. Technical support - the actions carried out by the Licensor to ensure functioning of the Software including information and consulting support provided to Licensees regarding the use of the Software, in the limits and volumes set by the Licensor.
1.7. The account - the record in the system of the Licensor (login/password) storing the data that allows to identify and authorize the Licensee and the authorized user.
1.1. The licensor - dSONIQ OÜ; Registry code: 16461016;
VAT number: EE102475630: Adress: Sepapaja tn 6, 15551 Tallinn, Estonia
1.2. The licensee - any private person or legal entity that has the right to use the Software in own interest according to requirements of the present Agreement.
1.3. Software - "Realphones" computer program (as in general and its components) which is the set of data and commands in objective form including the source text, the database, audiovisual works compiled by the Licensor in the structure of the specified computer program as well as any documentation on its use.
1.4. Use of the Software – Launching and/or using functionality of the software in the order determined by the user (technical) documentation and the present Agreement.
1.5. The licence - the right to use "Realphones" Software under the terms and conditions of the present Agreement.
1.6. Technical support - the actions carried out by the Licensor to ensure functioning of the Software including information and consulting support provided to Licensees regarding the use of the Software, in the limits and volumes set by the Licensor.
1.7. The account - the record in the system of the Licensor (login/password) storing the data that allows to identify and authorize the Licensee and the authorized user.
2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee the right to use the Software (simple, non-exclusive Licence) within its functionality for personal use only without the right of sublicensing to the third parties.
2.2. The present Agreement is concluded prior to or directly at the beginning of Software use and shall be effective throughout all term of its legitimate use by the Licensee within its copyright validity, provided that all terms and conditions of the present Agreement are observed by the Licensee.
2.3. The Licensor grants the Licensee the right to use the Software without restriction across the territory in compliance with the terms and conditions of the present Agreement.
2.1. The Licensor grants the Licensee the right to use the Software (simple, non-exclusive Licence) within its functionality for personal use only without the right of sublicensing to the third parties.
2.2. The present Agreement is concluded prior to or directly at the beginning of Software use and shall be effective throughout all term of its legitimate use by the Licensee within its copyright validity, provided that all terms and conditions of the present Agreement are observed by the Licensee.
2.3. The Licensor grants the Licensee the right to use the Software without restriction across the territory in compliance with the terms and conditions of the present Agreement.
3. TERMS AND CONDITIONS OF THE SOFTWARE USE.
3.1. The present Licence agreement allows the Licensee to use one copy of the Software on any three (3) computers provided that the Software shall not be used on more than three (3) machines during any period.
3.2. The licensee can purchase any number of Licences for the Software.
3.3. The software is not considered as "in use" if it is loaded into the primary memory (i.e. RAM), copied to the network server for the only purpose to provide access for other computers or transferred to the secondary memory (such as hard drive, CD ROM or other storage device), except for the cases when such Software is actually used.
3.1. The present Licence agreement allows the Licensee to use one copy of the Software on any three (3) computers provided that the Software shall not be used on more than three (3) machines during any period.
3.2. The licensee can purchase any number of Licences for the Software.
3.3. The software is not considered as "in use" if it is loaded into the primary memory (i.e. RAM), copied to the network server for the only purpose to provide access for other computers or transferred to the secondary memory (such as hard drive, CD ROM or other storage device), except for the cases when such Software is actually used.
4. DEMONSTRATION PERIOD CONDITIONS.
4.1. If the Licensee has activated the demonstration period of the Software, then the Licence agreement will be applied to it only for the duration of the demonstration period, except for Paragraph 6 of this agreement "Limited warranty".
4.2. The Warranty does not apply to the Demonstration period of the Software.
4.3. The Licensee confirms that the Software will be used for evaluation purpose only, excluding any commercial use during the Demonstration period. Duration of the Demonstration period is 30 (thirty) days from the date of the first software activation.
4.1. If the Licensee has activated the demonstration period of the Software, then the Licence agreement will be applied to it only for the duration of the demonstration period, except for Paragraph 6 of this agreement "Limited warranty".
4.2. The Warranty does not apply to the Demonstration period of the Software.
4.3. The Licensee confirms that the Software will be used for evaluation purpose only, excluding any commercial use during the Demonstration period. Duration of the Demonstration period is 30 (thirty) days from the date of the first software activation.
5. COPYRIGHT.
The Licensor is the sole owner of the Software and all commercial secrets, copyright, patents and other intellectual property rights. Therefore, the Licensee should consider the Software as any other material protected by copyright (like the book or the music record) except that the Licensee can transfer the Software to any hard drive if it is done for backup or archiving. The licensee cannot copy the written materials attached to the Software. All other rights which are not explicit herein are reserved by the Licensor.
The Licensor is the sole owner of the Software and all commercial secrets, copyright, patents and other intellectual property rights. Therefore, the Licensee should consider the Software as any other material protected by copyright (like the book or the music record) except that the Licensee can transfer the Software to any hard drive if it is done for backup or archiving. The licensee cannot copy the written materials attached to the Software. All other rights which are not explicit herein are reserved by the Licensor.
6. OTHER RESTRICTIONS.
6.1. The licensee has no right to sublicence and transfer the Software to the third parties.
6.2. The licensee has No right to:
a) Execute the reverse engineering, decompile, disassemble or extract the source code from the Software by any means;
b) Modify the Software;
c) Copy the Software, except for the cases stipulated in the present Agreement.
d) Use the Software in any way that violates the intellectual property or other rights of the Licensor.
6.1. The licensee has no right to sublicence and transfer the Software to the third parties.
6.2. The licensee has No right to:
a) Execute the reverse engineering, decompile, disassemble or extract the source code from the Software by any means;
b) Modify the Software;
c) Copy the Software, except for the cases stipulated in the present Agreement.
d) Use the Software in any way that violates the intellectual property or other rights of the Licensor.
7. UPDATES
If the Software is an update of the previous version, the Licensee should have the existing Licence for the previous version to use the Update. All updates are provided to the Licensee through a "licence exchange" process. The Licensee agrees that the licence will be invalid for any previous versions of the Software when update is applied.
If the Software is an update of the previous version, the Licensee should have the existing Licence for the previous version to use the Update. All updates are provided to the Licensee through a "licence exchange" process. The Licensee agrees that the licence will be invalid for any previous versions of the Software when update is applied.
8. LIMITED WARRANTY AND RESPONSIBILITY
8.1. The Licensor guarantees that during one year from the date of purchase of the Licence for the Software:
a) Any software updates will be available to the licensee.
b) The software will function according to documentation attached to it.
8.2. The Licensor's liability to the Licensee occurs in case of violation of the terms and conditions of the Limited Warranty and is at the discretion of the Licensor:
a) Refund to the Licensee the paid amount for the Software, provided that the Licensee returns to the Licensor the rights to use the Software with the copy of the payment receipt.
b) Repair or replace the Software that does not correspond to the conditions of the limited warranty and has been returned to the Licensor with the copy of the payment receipt.
8.3. The Limited warranty is null and void if the failure of the Software or equipment occurs as a result of an accident or improper Software use. Any replacement of the Software will be guaranteed during the remaining period of the initial warranty or thirty (30) days, whichever is longer.
8.4. The licensor disclaims all other guarantees, explicit or implied.
8.5. The Licensor shall not be liable for any losses under any circumstances (including but not limited to: direct, indirect, penal, special, occasional, as well as losses due to loss of business profit, interruption of business, loss of business reputation or other material losses) resulting from the use or inability to use the Software, or as a result of technical support that the Licensor may provide to the Licensee, even if the Licensor has been notified of the possibility of such losses
8.6. The total liability of the Licensor for any claims, losses or damage may not exceed the amount paid by the Licensee to the Licensor for the Software.
8.7. The limitation of liability specified in item 8.6. is complete and exclusive, applies even if the Licensor has been notified of the possibility of claims, losses or damage exceeding such a limit regardless of the success or effectiveness of any other remedies that the Licensor possesses. The limitation of liability reflects distribution of risk between Licensee and the Licensor.
8.8. All Software specifications, illustrations, images, drawings, features, sizes, performance data and other information on the www.dsoniq.com website are intended for general familiarization with the product. Actual characteristics of the Software and appearance may differ from those presented on the website. The software product is provided to the Licensee on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and will be applicable for specific purpose.
8.1. The Licensor guarantees that during one year from the date of purchase of the Licence for the Software:
a) Any software updates will be available to the licensee.
b) The software will function according to documentation attached to it.
8.2. The Licensor's liability to the Licensee occurs in case of violation of the terms and conditions of the Limited Warranty and is at the discretion of the Licensor:
a) Refund to the Licensee the paid amount for the Software, provided that the Licensee returns to the Licensor the rights to use the Software with the copy of the payment receipt.
b) Repair or replace the Software that does not correspond to the conditions of the limited warranty and has been returned to the Licensor with the copy of the payment receipt.
8.3. The Limited warranty is null and void if the failure of the Software or equipment occurs as a result of an accident or improper Software use. Any replacement of the Software will be guaranteed during the remaining period of the initial warranty or thirty (30) days, whichever is longer.
8.4. The licensor disclaims all other guarantees, explicit or implied.
8.5. The Licensor shall not be liable for any losses under any circumstances (including but not limited to: direct, indirect, penal, special, occasional, as well as losses due to loss of business profit, interruption of business, loss of business reputation or other material losses) resulting from the use or inability to use the Software, or as a result of technical support that the Licensor may provide to the Licensee, even if the Licensor has been notified of the possibility of such losses
8.6. The total liability of the Licensor for any claims, losses or damage may not exceed the amount paid by the Licensee to the Licensor for the Software.
8.7. The limitation of liability specified in item 8.6. is complete and exclusive, applies even if the Licensor has been notified of the possibility of claims, losses or damage exceeding such a limit regardless of the success or effectiveness of any other remedies that the Licensor possesses. The limitation of liability reflects distribution of risk between Licensee and the Licensor.
8.8. All Software specifications, illustrations, images, drawings, features, sizes, performance data and other information on the www.dsoniq.com website are intended for general familiarization with the product. Actual characteristics of the Software and appearance may differ from those presented on the website. The software product is provided to the Licensee on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and will be applicable for specific purpose.
9. LACK OF OBLIGATIONS OF SUPPORT
The licensor is not obliged to provide to the Licensee with support, additional information, the additional software, the technical information, know-how. The licensor reserves the right to make changes to the Software without prior notice.
The licensor is not obliged to provide to the Licensee with support, additional information, the additional software, the technical information, know-how. The licensor reserves the right to make changes to the Software without prior notice.
10. VALIDITY, AMMENDMENT AND TERMINATION OF THE AGREEMENT
10.1. For all questions, which are not settled by the present Agreement, the Parties are guided by the current legislation of the Russian Federation.
10.2. The licensor has the right to change conditions of the present Agreement unilaterally by posting the amended text on the Internet at www.dsoniq.com webpage.
10.3. The Licensor has the right to terminate present Agreement unilaterally in case of violation of terms and conditions of the present Agreement by the Licensee.
10.4. Upon termination of this Agreement by any party and for any reason, the Licensee is obliged to stop any use of the provided Software completely.
10.5. If the competent court declares any provision of the present Agreement invalid, the Agreement shall continue to apply in the rest.
10.6. In the absence of the written agreement signed by the Licensor and the Licensee, the present Agreement is the only and full agreement between the Licensee and the Licensor concerning the Software. The present Agreement directly replaces and substitutes any other licence agreement on the Software use including but not limited to any agreement specified in any user guide.
10.1. For all questions, which are not settled by the present Agreement, the Parties are guided by the current legislation of the Russian Federation.
10.2. The licensor has the right to change conditions of the present Agreement unilaterally by posting the amended text on the Internet at www.dsoniq.com webpage.
10.3. The Licensor has the right to terminate present Agreement unilaterally in case of violation of terms and conditions of the present Agreement by the Licensee.
10.4. Upon termination of this Agreement by any party and for any reason, the Licensee is obliged to stop any use of the provided Software completely.
10.5. If the competent court declares any provision of the present Agreement invalid, the Agreement shall continue to apply in the rest.
10.6. In the absence of the written agreement signed by the Licensor and the Licensee, the present Agreement is the only and full agreement between the Licensee and the Licensor concerning the Software. The present Agreement directly replaces and substitutes any other licence agreement on the Software use including but not limited to any agreement specified in any user guide.
11. ADDITIONAL PROVISIONS
11.1. Use of the Software must be carried out by the Licensee only for legitimate purposes and in legal ways, taking into account the laws of the Russian Federation, the European Union and the USA.
11.2. The licensor shall not provide to the Licensee communication services, shall not organize a possibility of access to information systems of information and telecommunications networks, including the Internet, and shall not carry out activities for reception, processing, storage, transmission, delivery of telecommunication messages.
11.1. Use of the Software must be carried out by the Licensee only for legitimate purposes and in legal ways, taking into account the laws of the Russian Federation, the European Union and the USA.
11.2. The licensor shall not provide to the Licensee communication services, shall not organize a possibility of access to information systems of information and telecommunications networks, including the Internet, and shall not carry out activities for reception, processing, storage, transmission, delivery of telecommunication messages.
12. CONTACT INFORMATION OF THE LICENSOR
Requests concerning conditions of the present Agreement and Technical support are accepted via support form.
Requests concerning conditions of the present Agreement and Technical support are accepted via support form.