Test IT License Agreement

Updated on Jul 30, 2020.

1 BASIC CONCEPTS

1.1. Software (Software) - Test IT computer program (Certificate No. 2018665924 of July 1, 2019) .

1.2. Client - any individual or legal entity who visited the site https://testit.software and paid for the software.

1.3. Licensor - Test IT Co., Limited Liability Company, TIN 7728468710, OGRN 1197746271689, 117342, Moscow, Butlerova St., 17, Et. 2, Room 102, Of. 217

1.4. Website https://testit.software (Site) - a set of intellectual property objects: programs, databases and their structures, information materials, graphic elements, drawings, audio-visual materials, combined with the requirements of functionality, logic, design, thematic focus and purpose, designed for publication on the Internet and displayed in text, graphic or sound forms.

1.5. Offer - this document published on the Internet on the Site.

1.6. Agreement - an agreement between the Licensor and the Client, which is concluded through acceptance of the offer.

2 GENERAL

2.1. The licensor offers any interested person to purchase a software license under the terms of this Offer.

2.2. Acceptance of the Offer is the payment by the interested person of the Software in accordance with the invoice issued by the Licensor.

2.3. By accepting the Offer, the Client guarantees that they are familiar with and agrees with its content, fully and unconditionally accepts all the conditions that are set forth in the text of the Offer.

2.4. Changes (additions) to the contract are made by the Licensor unilaterally. Notification of amendments or additions to the contract and the amended version of the contract are posted on the Site. All changes (additions) made to the contract come into force and become mandatory on the date the new version of the contract is posted on the site. Any amendments and additions to the agreement from the moment of entry into force equally apply to all Clients, including those who have joined the offer earlier than the date of entry into force of the amendments (additions).

2.5. The licensor has the right to cancel the offer at any time without announcing the reasons.

3 SUBJECT OF THE AGREEMENT

3.1. In accordance with the terms of the Agreement, the Client agrees to pay the License to use the software, and the Licensor agrees to provide the software.

3.2. Software transfer occurs in the following order:

  • The client is pre-registered on the Site;

  • In the personal account, the Client selects the tariff;

  • The Licensor transfers the invoice to the Client in accordance with the selected tariff;

  • The client installs the software and transfers the server identifier to the Licensor;

  • After paying the bill by the Client, the Licensor transfers the key to him to gain access to the software.

3.3. In accordance with the terms of this Agreement, the Client makes an advance payment of the License to use the software in non-cash form to the Licensor's current account.

3.4. The cost of the License to use the Licensor's software is not subject to VAT in accordance with Sec. 26 p. 2 of the Tax Code of the Russian Federation and is determined depending on the number of software users, based on the current tariffs at the payment date, which are on the Site. In the case of purchasing a License to use the software for more than 100 users, the cost is determined individually.

3.5. If the Client acquires a License for 5 or more users, its cost includes technical support for the entire duration of the License. Technical support response on emerging issues is provided no later than 3 days.

3.6. The software is provided with a simple non-exclusive license for a period of 1 year. Automatic renewal of the Software License is not provided.

3.7. The client is entitled to use the software throughout the world.

3.8. The client has the right to use the software in the following ways:

  • To launch software, as well as record and store software in the memory of an electronic computer for the purpose of its further launch;

  • Grant the right to reproduce the software to third parties, excluding cases, when these third parties are granted sublicense. Moreover, the total amount of software reproduction rights granted to the Client is limited by the number of software users, i.e. must not exceed the number of Licenses acquired by the Client from the Licensor.

  • Use the software in the commercial activities of the Client, except in cases of distribution of the software through the sale or other alienation of its copies.

  • To adapt the software, that is, to make changes to the software solely for the purpose of their functioning on the Client's electronic computers, to correct obvious errors.

4 RESPONSIBILITY OF THE PARTIES

4.1. For failure to comply with the conditions stipulated by this Agreement, the Parties shall be liable in accordance with the norms of legislation in force in the territory of the Russian Federation.

4.2. The client is responsible for the accuracy of the data entered by them when making a software payment, as well as for the correctness of the payments made by them.

4.3. The software is provided on an "as is" basis. The client is independently responsible for the quality, effectiveness and result of its use.

The Licensor guarantees:

  • compliance of software functions with the description on the website and in the documentation of the Licensor;

  • Providing an initial technical support response within three business days;

  • troubleshooting, as well as other problems that impede the normal functioning of the software.

However, the Licensor cannot guarantee:

  • compliance of software functions with the requirements of the Client;

  • completely uninterrupted and error-free operation.

  • No oral or written information can be considered a guarantee.

4.4. In case of software malfunctions, the Client reports them to the Licensor technical support service. The licensor informs the estimated date of elimination and eliminates them in a timely manner.

5 OTHER PROVISIONS

5.1. The Client has the right to terminate this Agreement unilaterally by notifying the Licensor in writing at least 30 calendar days before the expected date of termination. At the same time, taking into account the provisions of clause 3.3. of this Agreement, the cost of the unused period under the License is not refundable to the Client.

5.2. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through negotiations between the parties to this Agreement.

5.3. If disputes and disagreements cannot be resolved by the method specified in clause 5.2, they shall be settled in the Arbitration Court of the city of Moscow or the court of general jurisdiction.

5.4. Confidential is any information received during the execution of the Agreement.

The exception is information that:

  • was already known to the Party that received it;

  • is well known.

None of the Parties has the right to disclose confidential information. The following cases are an exception:

  • disclosure agreed by the Parties;

  • disclosure is required by law.

The parties protect confidential information while the Agreement is valid and 5 years after its termination.

5.5. The Licensor has the right to use free of charge trademarks, logos, names and other designations individualizing the Client on its website, in advertising, information brochures and marketing materials.