End User License Agreement

This End User License Agreement (the “EULA”) is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as “you,” “Licensee,” or “End User” and software developer Armen Barsegyan (referred as “Licensor”) in order to give you a license to use the Application as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional services provided by the Armen Barsegyan. By clicking the acceptance button that follows this EULA and/or using the Application (as defined below), you acknowledge that you have read this EULA, understand its terms and conditions, and agree to be bound by such terms and condition.

  1. Definitions:
    1. The terms “Application” or “Software” means software product supplied by Armen Barsegyan and it also includes any updates or upgrades.
    2. The term “Consumer” means a Licensee who is a natural person who licensed the Application.
    3. The term “Free Version” means Application that is provided by Licensor to you for free.
    4. The terms “EULA” or “Licence”mean End-user licence agreement (this document).
  2. Ownership/Intellectual Property Rights:
    1. You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Application. The Application is protected by intellectual property laws and treaties. The rights to use the Application as set out in this Agreement are licensed, not sold, to you by Licensor.
    2. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Application. This EULA does not authorize you to use Licensor’s names or any of their respective trademarks.
    3. As between you and Licensor is the owner of all right, title and interest in and to the Application (including all copyrights, trademarks and patents) regardless of the media or form of the Application; whether online, by disk or otherwise.
    4. You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Licensor’s right and title to the Application or the validity thereof.
    5. You shall not attempt to develop any Application that contains the “look and feel” of any of the Application, or is otherwise derivative of the Application including but not limited to usage of assets taken from software developed by Licensor without written permission to do so.
  3. License grant:
    1. Under the condition that:
      1. You have legally acquired the rights to the Application and
      2. paid the applicable price if asked for.
    2. Licensor grants You a personal, limited, non-exclusive license to install and use the Application for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you start to download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application or Licensor’s termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Application.
    3. You may download the Application from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Application available on a network where it could be used by multiple users at the same time. You may not make the Application available over a network where it could be downloaded by multiple users.
    4. You acknowledge and agree that the Application may use information regarding your computer, hardware, software and your use of the Application to validate your license rights and to update the Application and verify license status of the Application.
    5. You agree that updating the latest version of the Application may come with updates, upgrades and additional features that Licensor deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Licensor may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
  4. Consent to Collection and Use of Data.
    1. During the process of registration and unlocking, updating or upgrading the Application and when technical support is provided, Licensor may collect and use technical information for improvement of the Application or for support purposes.
    2. Licensor may track and collect information from your use of the Application and aggregate such Data. This Data is anonymous.
    3. Licensor acknowledges that at software applications developed by Licensor by date of publishing this document do not collect any personal data.
    4. Personal information that You give to Licensor directly and information that Licensor collects as specified in section b. of this article will be used for purposes such as improving Licensor’s products and services, troubleshooting bugs and otherwise to improve user experience.
    5. Further information about Licensor data collection and privacy policies for the user account can be found at www.abmirage.com/legal/privacy-policy/.
  5. Conduct Settings
    1. By installing and using Application you acknowledge and agree that you will not to:
      1. violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others‘ use of the Application,
      2. publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
      3. transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted fines or any other similar material that may damage the devices of others.
  6. Limitation of Liability
    1. Licensor shall only be liable without restriction according to the statutory provisions for any damages of the Licensee caused by intentional or gross negligent conduct of Licensor or its agents.
    2. Otherwise, the liability of Licensor for damage claims – for whatever legal reason – is limited in accordance with the following conditions, unless otherwise provided by an explicit guarantee of Licensor for damages caused by slight negligence; Licensor is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as Licensor is responsible for simple negligence hereafter, the liability of Licensor is limited to the typically foreseeable losses.
    3. The above liability restrictions shall also apply to agents of Licensor Limitation of Liability 
    4. You agree that provisions in this License that limit liability are essential terms of this Licence.
  7. Indemnification:
    1. Licensee agrees to indemnify, defend and hold harmless Licensor, sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
      1. your breach of any term of this EULA;
      2. your violation of any rights of any third party; or
      3. your use or misuse of the Application.
    2. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
  8. Third Party Content and Application:
    1. The Application may utilize or include third party content, software or other copyrighted material (“Third Party Content”). Your use of such third party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. Licensor expressly disclaims any all warranties in connection with the Third Party Content, and shall have no liability in connection therewith.
    2. Your use of the Application may allow you to connect with third party applications or websites (“Third Party Applications”). Your use of the Third Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. Licensor expressly disclaims and all warranties in connection with the Third Party Applications, and shall have no liability in connection therewith.
    3. Licensor is not liable for costs arising out of services demanded by the Licensee that are not provided by Licensor. This shall in particular apply to costs of data transfer from or to the Licensee’s device to a third party.
  9. Termination of the License:
    1. The Licensee may terminate this EULA at any time by destroying the Application together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. The Licensee agrees upon such termination to destroy the Application together with all copies in any form.
    2. Licensor may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA. Licensor is justified immediately to inhibit the Licensee to use the Application.
  10. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution:
    1. Exclusively Russian Federation law applies, with the exception of the its conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
  11. General:
    1. The Licensee can only offset claims of Licensor with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee’s claims against Licensor is prohibited.
    2. All rights not explicitly granted in this agreement are reserved.
    3. The failure or delay of Licensor to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
    4. This agreement constitutes the complete and exclusive agreement between Licensor and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable, shall be deemed deleted and the rest of this agreement shall remain unaffected.
    5. Notwithstanding any provisions in this Agreement to the contrary, we agree that Licensor makes any future changes to this Agreement you may reject any such change by following procedures in section 9.a.

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