The License Agreement is an offer from the EnsoTech LLC (hereinafter referred to the "Rightholder") to enter into the agreement upon the terms and conditions stated below.
Please read the terms and conditions of this License Agreement before using the Mobile application and/or the Service. Using the Mobile application and/or Service on other conditions is not allowed.
This Agreement is between User and the Rightholder only and not with any of the App Stores. Therefore, the Rightholder is solely responsible for the Mobile application and its content.
1. Terms and Definitions
1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:
а) License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Mobile application or during the start of its using.
b) User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
c) Mobile application means the Rightholder’s software "IoPT" intended for installation and use on the Device.
d) Basic version means the Mobile application with limited functionality.
e) Extended version means the Mobile application which includes software application, software extension, data and commands extending its functionality after installation is completed and/or activation process in Device is done,
f) Device means any mobile phone, communicator, smartphone, tablet, or other device which allows to use the Mobile applications according to its functional purpose.
g) Service means a set of information services which provides interaction with the User as well as realization of functionality based on the Mobile application according to terms and conditions hereof using the information technologies and telecommunication networks (including the Internet).
h) Account means personal part of the Service available for the User through the Mobile application after registration and/or authorization process is completed. The account is intended to store the User’s personal information.
i) Auto-renewable Subscription (Subscription) means such conditions of payments by accepting of which User accepts and agrees that according to the User’s opted subscription plan the license to Extended version will be automatically renewed upon its expiration and respective license fee will be</span> automatically paid (debited) for unspecified period of time until User withdraw such consent (cancel Subscription).
j) App Store mean Google Play, Apple AppStore, Amazon Appstore and other similar services and platforms for distribution of software for mobile devices.
1.2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly - according to the applicable laws and after that - according to business custom and science doctrine.
1.3. In case applicable law and/or the Rightholder’s agreements with the App Stores stipulates different mandatory rules that cannot be altered by this Agreement or that this Agreement has to comply with, the relationships of the Parties shall be governed by such mandatory rules and this Agreement shall be applies to the extent it complies with such rules.
2.1. Once this Agreement is concluded the Rightholder entitles the User to use the related version of the Mobile application on the terms of a non-exclusive non-transferable license worldwide during the set term.
2.2. The User may only use the Mobile application on a Device that he/she own or control and as permitted by the App Store’s terms and conditions.
2.3. To conclude this Agreement in regards to the Basic version the User is sufficient to perform the actions stated below:
- reproduction (record) or launch of the Basic version on the Device
The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
2.4. The User has the right to use the Basic version due to the terms and conditions hereof by the following methods of use:
2.4.1 Basic version reproduction (record) on a single Device;
2.4.2. Basic version launch and using due to its functional purpose on a single Device.
2.5. Use of certain functions of the Mobile application requires registration and/or authorization of User with the Service according to procedure set forth by the Rightholder.
2.6. The User will be granted with the Extended version license since the payment date of the license fee according to the Rightholder’s subscription plans; Such license will create a separate license agreement on the terms hereof.
2.7. Under Extended version license the Rightholder entitles User:
2.7.1. to fulfill launch, installation and running of program applications and software extension to the Basic version or activation of additional commands and codes to update the Basic version to the Extended version on the number of Devices allowed by the subscription plan;
2.7.2. to use additional functionality of the Extended version according to its description.
2.8. Any rights and ways of use of the Mobile Application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
2.9. The term of the Basic version license validity is not limited.
2.10. The term of the Extended version license should be determined according to the Rightholder’s subscription plan that actual on the date of payment of the license fee by the User.
2.11. Once the Extended version license is over the Agreement could be renewed for the new term under the conditions of the actual version of the Agreement on the license fee re-payment date. The quantity of extensions of the Extended version license term under the Agreement is not limited.
2.12. In case Extended version licenses with limited terms are granted under the Auto-renewable subscriptions, the User has the right to cancel the Auto-renewable subscription at any time.
3. License Restrictions
3.1. The User is not allowed thereof independently or employing any third parties to do the following:
3.1.1. In any manner copy (reproduce) application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of their owner.
3.1.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.
3.1.3. Create software and/or services using the Mobile application or the Service without prior permission of the Rightholder.
3.1.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application.
3.2. The Rightholder has the right to set technical restrictions of use of the Mobile application and/or the Service; the Rightholder will inform the User about abovementioned limitations from time to time in the manner at the Rightholder’s discretion.
3.3. The functionality of the Mobile application and the Service including one that is available exclusively in the Extended version or subject to the registration and/or authorization with the Service, is a subject the Rightholder’s sole discretion and may be changed from time to time.
3.4. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
4. Liability under the License
4.1. THE MOBILE APPLICATION AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RIGHTHOLDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO MOBILE APPLICATION AND SERVICE WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. RIGHTHOLDER MAKES NO ANY WARRANTIES THAT MOBILE APPLICATION AND/OR THE SERVICE WILL CORRESPOND TO USER’S DEMANDS, THAT THEY WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF MOBILE APPLICATION AND OR THE SERVICE WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF MOBILE APPLICATION OR THE SERVICE WILL BE CORRECTED.
4.2. Rightholder makes no warranties and assumes no responsibility with respect to the results and information received by User through use of functions of the Mobile application and/or the Service, specifically, Rightholder makes no warranties that all issues of the tested network will be found and that absence of detected issues means complete security of the tested networks and devices.
4.3. Since functionality of the Mobile application and the Service is constantly supplemented and updated, the form and the nature of the Mobile application or the Service could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile application and/or the Service to Users, and also to alter or withdraw the License without prior notice.
4.4. The Rightholder has no obligation under this Agreement to provide any maintenance or support with respect to the Mobile application. To the extent that any maintenance or support is required by applicable law, the Righholder, not the App Store, shall be obligated to furnish any such maintenance or support.
4.5. The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
4.6. The User is responsible for any violation of the obligations stipulated by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).
4.7. In case the Rightholder will be brought to justice or will be penalized due to the User’s violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Rightholder.
4.8. UNDER NO CIRCUMSTANCES SHALL RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THE USE OF MOBILE APPLICATION, THE SERVICE OR THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF RIGHTHOLDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.9. Cumulative liability of the Rightholder under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed RUB 1000, and the Rightholder bears liability subject to his fault in causing such damage.
4.10. In the event of any third party claim that the Mobile application or the User’s possession and use of the Mobile application infringes that third party’s intellectual property rights, the Rightholder, not App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Rightholder, not App Store, is responsible for addressing any claims of the User or any third party relating to the Mobile application or the User’s possession and/or use of that Mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
The provisions of this paragraph under no circumstances may be deemed a prejudice to the provisions of other paragraphs of this Agreement and in any case shall not be understood as stipulating liability of the Rightholder for any User’s actions that constitute infringement of the third party’s rights including the User’s actions performed with use of the Mobile application; the provision of this paragraph does not eliminate or reduce the User’s liability for any violation committed by User.
4.11. Some jurisdictions do not allow the exclusion of certain types of warranties/liabilities or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to User. This Agreement may not limit liability of the Rightholder to the User beyond what is permitted by applicable law. But in such a case the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty and/or liability exists under law that cannot be disclaimed, the Rightholder, not the App Store, shall be solely responsible for such warranty and/or liability.
4.12. Depending on the App Store’s policy, in the event of any failure of the Mobile application to conform to any applicable warranty, the User may notify App Store, and App Store will refund the purchase price for the Mobile application to that User. To the maximum extent permitted by applicable law, App Store has no other warranty obligation whatsoever with respect to the Mobile application.
5. Collection of anonymous technical information
5.1. Subject to User’s consent expressed by clicking respective checkbox in the Mobile application the Rightholder may collect anonymous technical information about the User’s Device and networks. This information does not include any personal data of the User. The Rightholder analyzes this information and uses for the purposes of due functioning of the Mobile application and the Service, improvement the quality thereof and also shall have the right to use this information for any other lawful purposes including transfer to the third parties.
6. Updates/new versions
6.1. The Mobile application may from time to time automatically download and install updates that designed to improve the Mobile application and may be in the form of patches, additional modules or completely new versions of the Mobile application. User hereby acknowledges and agrees with such automatic updating of the Mobile application including request, download and installation of the updates onto User’s Device without any further notifications.
6.2. This License shall govern all further updates/new versions of the Mobile application. Installation of the update/new version of the Mobile application shall be deemed as User’s acceptance of this License with respect to relevant updates/new versions of the Mobile application unless such installation is accompanied by different license agreement.
7. Final provisions
7.1. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Rightholder’s location. Your use of the Mobile application may also be subject to other local, state, national, or international laws.
7.2. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the procedural law applied by such court.
7.3. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard. This Agreement will terminate immediately, without prior notice from the Rightholder, in the event that User fails to comply with any provision of this Agreement. User may also terminate this Agreement by deleting the Mobile application and all copies thereof from the Device.
7.4. The Rightholder and the User acknowledge and agree that App Store, and its subsidiaries, are third party beneficiaries of this Agreement. Upon the User’s acceptance of the terms and conditions of this Agreement, App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third party beneficiary thereof.
Version of 23.05.2021