About using AppWizard software
This License Agreement on the use of AppWizard software (hereinafter referred to as the Agreement) is a public offer of the site's Voskhod, OOO to any individual who agrees to the terms of this Agreement.
The terms used in this Agreement have the following meanings, unless otherwise expressly defined hereinafter:
Site means Internet sites hosted on appwizard.ru domains, as well as other domains included in the above domains.
AppWizard software (Program) is the software posted on the Site, owned by the Voskhod, OOO, intended for downloading files on Users personal computers.
The program includes the Manager for downloading and installing programs on a personal computer (hereinafter referred to as the Services), as well as all computer programs included with them or used together with them, as well as all their subsequent updates and modifications intended for use on personal computers.
User - an individual who has concluded this Agreement with the Voskhod, OOO in the manner prescribed in section 1 of this Agreement.
Device - the users personal computer.
End-User Licence Agreement
1. Acceptance of the Agreement
1.1. This Agreement shall enter into force upon the start of use of the Program. Use of the Program also means the complete and unconditional acceptance by the User of the terms of this Agreement.
1.2. The user installing the Program confirms that he is an adult and capable in accordance with the current legislation of the Russian Federation. The User undertakes to independently limit the use of the Program to minors or legally incompetent persons who have gained access to the User’s computer with the Program installed on it. If the User allows the use of the Program by minors and incapacitated persons, the User assumes all responsibility for the commission of actions, receipt of information and other consequences of the use of the Program by minors or incapacitated persons.
2. Subject of the Agreement
2.1. In accordance with the terms of this Agreement, the User is granted a simple non-exclusive license to use the Program for personal non-commercial purposes free of charge.
2.2. No other rights to the Program, other than directly stipulated in this Agreement, are granted to the User. All exclusive rights to the Program and its Services belong to the Voskhod, OOO.
3. Voskhod, OOO rights
3.1. All exclusive property rights to the Program, as well as all subsequent updates and modifications thereof, belong to the Voskhod, OOO.
3.3. The Voskhod, OOO has the right to suspend, restrict or terminate the User’s access to any of the Program Services without prior notice and explanation of his actions if he finds that in his opinion the User poses a threat to the Program and (or) its Users.
3.4. The Voskhod, OOO has the right to send the User information about the development of the Program, as well as advertise its own activities and services.
4. User Rights
4.1. The User has the right to reproduce the Program solely for personal non-commercial purposes, provided that the combination, composition and contents of the Program are preserved unchanged on any Devices.
4.2. The User is entitled to use the Program for its intended purpose on an unlimited number of Devices in accordance with the terms of this Agreement.
5. Automatic updates
5.1. Periodically, the Program may automatically interact with the Voskhod, OOO firmware and hardware to check for updates to the Program, such as modifications, additional modules (hereinafter “Updates”).
5.2. By installing the Program, the User agrees to the possibility of making requests, as well as receiving and installing Updates in automatic mode.
6. Restrictions on the use of the Program
6.1. The beginning of the User’s use of the Program in accordance with Section 1 of this Agreement means that the User accepts all the terms of this Agreement in full without any exceptions and restrictions on his part. Use of the Program on other conditions is not allowed.
6.2. The user does not have the right, independently and / or with the involvement of third parties:
open the technology, emulate, create new versions, modify, decompile, disassemble, decrypt and perform other actions with the program files or its source code;
use the databases included in the Program;
remove or in any way modify the trademarks and copyright and any other rights notices included in the Program.
7. Responsibility of the Parties
7.1. The user expressly agrees that he uses the Program at his own risk. The initiators of the receipt and transmission of information and / or materials using the Program are exclusively Users.
7.2. The program is not a file repository or an FTP server, but may contain information about the User’s download history, including meta-data about them, as a separate local file. The program generates service requests to utilities for processing information based on user information and initiates the work process of these utilities, also monitoring the progress of their work.
7.3. The User agrees that using the Program it is possible to access materials and / or information that are unlawfully posted on the Internet and violate the intellectual rights of third parties. The content and lawfulness of the placement of these materials and / or information cannot be controlled by the Voskhod, OOO, so the latter is not responsible:
for the content of information and / or materials received by the User through the Program, their possible inconsistency with applicable law or offensive nature;
for the consequences of the use, use or non-use by the User of the information and / or materials received;
for possible inconsistency of the results obtained using the Program with the expectations of the User;
for any damage to the User’s equipment or software resulting from the receipt of information / materials using the Program;
for consequences that may result from the distribution of illegal audio / video products, as well as other materials or data that violate the intellectual rights of third parties.
7.4. The Voskhod, OOO is not responsible for a violation by the User of this Agreement and reserves the right, at its own discretion, as well as upon receipt of information from other Users or third parties about the violation by the User of the Agreement, to suspend, restrict or terminate the User’s access to all or any of the Program Services at any time for any reason or without explanation, with or without prior notice, not liable for any harm that may be caused to atelie such an action.
7.5. The Voskhod, OOO is not responsible for temporary failures and interruptions in the operation of the Program and the loss of information caused by them, is not responsible for any damage to the User’s device or software caused by or associated with the downloading of materials using the Program.
7.6. While using the Program and services, it is possible to display advertisements. This advertisement may provide information about third parties or other products of the Voskhod, OOO, as well as links to third-party resources in the form of ad units. These ad units are not based on search query information or any other information received from a user.
7.7. All information and / or advertising materials posted in the Program are provided by third parties. The Voskhod, OOO is not responsible for the accuracy of information and / or advertising materials of third parties, the availability of their Internet sites and their contents, as well as for any consequences associated with the use of information and / or advertising, as well as third-party websites.
7.8. Under no circumstances shall the Voskhod, OOO be liable to the User or third parties for damage, loss or expense incurred in connection with the use or inability to use the Program, including lost profits or lost profits.
7.9. It is NOT the responsibility of the Voskhod, OOO to control the legality or illegality of the information and / or materials received by the Users, determine the ownership rights or legality of the transfer, reception or use of this information and / or materials.
7.10. The program is provided to Users on a “as is” basis without guarantees of any kind, either direct or indirect.
8. Settlement of disputes
8.1. Any statements of Users on issues related to the Program are accepted by the Voskhod, OOO in electronic form (at: [email protected] indicating the identification data of the User) no later than 5 (five) business days from the occurrence of circumstances to which the User refers in such a statement. The Voskhod, OOO has the right to enter into correspondence with the User in order to clarify the application of the User. Failure to receive a response to your request within three days, the Voskhod, OOO has the right to regard as a withdrawal of the application.
8.2. In the event of a dispute between the User and the Voskhod, OOO, a mandatory pre-trial (claim) procedure for resolving the dispute is applied, providing for the User to send a claim in writing to the mailing address of the Voskhod, OOO. The claim must necessarily contain the identification data of the User, an indication at the time the basis for the claim arose and the justification of the claim.
8.3. If the Parties fail to reach agreement in the process of pre-trial (claim) settlement of the dispute (if, within 30 calendar days from the date the Voskhod, OOO received the User’s claim in writing, the parties did not agree), the dispute is resolved in a court of general jurisdiction at the location of the Voskhod, OOO.
8.4. The User agrees that all possible disputes regarding the use of the Program and related to this Agreement will be resolved in accordance with the current legislation of the Russian Federation.
8.5. The User agrees that the provisions of the Law "On Protection of Consumer Rights" cannot be applicable to this Agreement, since the Voskhod, OOO does not provide paid services to the User.
9. Force majeure circumstances
9.1. The Voskhod, OOO is relieved of liability for full or partial failure to fulfill obligations under this Agreement if such failure is the result of force majeure circumstances (“Force Majeure”), that is, extraordinary and unavoidable by the Parties under the given circumstances, including:
9.1.2. Prohibitive actions of the authorities;
9.1.3. Natural disasters, fires, catastrophes and other events of a natural or technogenic nature;
9.1.4. Power outages;
9.1.5. Global disruptions in the work of Russian and international segments of the Internet;
9.1.6. Failures of routing systems;
9.1.7. Failures in a distributed domain name system;
9.1.8. Failures caused by hacker and DDoS attacks, as well as other illegal actions of third parties.
9.2. The Voskhod, OOO is obliged, if it is technically feasible, to notify the User of force majeure circumstances within 7 (seven) days after their occurrence by e-mail and (or) by publishing on the main page of the Site.
9.3. If the occurrence of the relevant force majeure circumstances directly affected the Voskhod, OOOs performance of obligations within the time period established in this Agreement, this period shall be proportionally extended for the duration of the relevant circumstances.
9.4. If the impossibility of fulfillment of obligations under this Agreement lasts more than 3 (three) months, this Agreement shall be deemed terminated without compensation.
10. Final Provisions
10.1. This Agreement is valid from the moment of its acceptance by the User in accordance with clause 1.1 until the moment of termination in accordance with the conditions established in the Agreement.
10.2. This Agreement is an official document of the Voskhod, OOO. The current version of the Agreement is available on the Site and is available on the Internet at http://appwizard.ru/eula.
10.3. The text of the Agreement (including any of its parts) may be changed by the Voskhod, OOO without prior notice to the Users. If the Agreement is updated the date of such update is indicated in the text. The new version of the Agreement comes into force from the moment it is posted on the Site, unless otherwise provided by the new version of the Agreement.
10.4. The User independently bears the burden of checking for changes to this Agreement and other information related to the Program on the Site.
10.5. In the event of a conflict between the editions of the Agreement that existed at the time of installation of the Program by the User and the latest revision of the Agreement posted on the Site, priority is given to the revision of the Agreement posted on the Site.
WHEN USING THE PROGRAM, THE Voskhod, OOO STRONGLY RECOMMENDS TO USE ONLY LICENSE, INCLUDING ANTI-VIRUS, SOFTWARE.
A USER WHO DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DOES NOT WISH AND / OR NOT BEING ABLE TO ACCEPT IT, SHOULD IMMEDIATELY TERMINATE THE INSTALLATION OF THE SOFTWARE.