This document is a public offer – a proposal to conclude a license agreement (hereinafter referred to as the Agreement) between the Limited Liability Company "Qform intl LLC 02882801", address: Yerevan, Moskovyan str., 3a (hereinafter referred to as the Copyright Holder), represented by General Director Alexander O. Zuev, acting on the basis of the Charter, and you (hereinafter referred to as the Licensee) on the terms set out in this offer without any changes and additions. Unconditional acceptance of the terms of the Agreement and its entry into force is registration on the Website, payment of the License fee and installation (without the possibility of copying) of the Software.
1. Terms and definitions used in the Contract:
The Parties have determined that the terms used in the Contract will have the following meanings:
1.1. Website – an Internet resource located at the domain address https://qform.io /, which is owned and administered by the Copyright Holder.
1.2. The Licensee's Website is the Licensee's Internet resource accessible via the Internet, on which the QForm Software Product is installed
1.3. Software is a computer program (a set of computer programs) under the general name "QForm Service", the exclusive right to which (which) belong to the Copyright Holder, the functional description and capabilities of which are indicated on the website https://qform.io /. The Software allows the Customer to create marketing surveys and video content to clarify the needs of the Customer's website users and familiarize them with the range of goods, works, services offered by the Customer, as well as to obtain user contact information, and post them on the Customer's website (hereinafter referred to as the QForm service). Access to the software is provided using your Personal Account after completing the registration procedure on the Website.
1.4. The copyright holder is the Limited Liability Company "Kuform", which is the owner of the exclusive right to the software.
1.5. Licensee is a legal entity, an individual entrepreneur, an individual who has accepted the terms of this Agreement, to whom the Copyright Holder is granted the right to use the Software on the terms of a simple (non-exclusive) license within the limits provided for in this Agreement.
1.6. Agreement – this license Agreement with all the appendices (additions) to it.
1.7. Tariff – a set of parameters expressed in monetary or other equivalent for providing access to the Software according to the Agreement specified on the Website.
1.8. Software options – functions of the corresponding Software modules, the Licensee's right to use which is granted to the Licensee in accordance with the License purchase order issued in the Personal Account.
1.9. License - a simple (non-exclusive) license - the right to use the Software on the terms stipulated in the Agreement for a specific Licensee's website. A perpetual License is a simple (non-exclusive) license for the entire duration of the exclusive right to the Software.
1.10. License fee – remuneration paid by the Licensee to the Copyright Holder for granting a Software License under this Agreement. The licensee can get acquainted with the calculation of the License fee on the website https://qform.io /.
1.11. Territory – the territory within which the Licensee has the right to use the Software in accordance with the terms of the Agreement.
1.12. Personal Account is a section of the Licensee that is available for entry only when entering the username and password set by the Licensee independently after the conclusion of this Agreement, located on the Website, available for entry only when entering the username and password.
1.13. Acceptance and Transfer Certificate – an act certifying the provision of a License to the Licensee under this Agreement. The date of transfer of the Acceptance Certificate to the Licensee is the date of placement of the Acceptance Certificate in the Personal Account.
1.14. Software update – improvements of the current version of the Software developed by the Copyright Holder in order to ensure its smooth operation, eliminate deficiencies and modernize the operation of the current version of the software.
1.15. Additional SOFTWARE – additional software components and software solutions provided by the Copyright Holder that extend the functionality of the Software, which can be used both together with the Software and independently of it, and for the use of which it may be necessary to purchase a separate license or extend the current License. Additional software is provided in accordance with the terms of provision of additional software specified on the Website in the corresponding section.
1.16. Accounting period – a period of time equal to one calendar month. It is used as a unit of accounting for the formation of legal and accounting documents.
1.17. Agent – a person authorized by the Copyright Holder to search for and attract licensees under the terms of this Agreement, to sign license agreements with such persons, issue invoices to them, monitor compliance with obligations to pay License fees, as well as perform other assignments specified in the relevant agency agreement concluded between the Copyright Holder and the Agent. Other terms used in this Agreement are used in the sense in which they are used in the legislation.
2. Subject of the Contract
2.1. The Copyright Holder grants the Licensee, on the terms of a simple (non-exclusive) license, the right to use the Software. The Licensee may also be granted, under the terms of a simple (non-exclusive) license, the rights to use Additional Software under the terms of this Agreement and the conditions for providing additional software specified on the Website in the relevant section.
2.2. The order for the purchase of a License on the terms of the relevant Tariff is carried out by the Licensee through the Personal Account, access to which is provided to the Licensee after his registration or authorization on the Site, using the automated system of the Copyright Holder on the Site.
2.3. The name of the Software for which the License will be granted, the License term and the amount of the License Fee are indicated in the Tariff chosen by the Licensee on the Website.
2.4. The License is granted to the Licensee without the right to grant sublicenses for the duration of the Tariff.
2.5. The License becomes effective from the date of receipt of the License Fee to the current account of the Copyright Holder and is valid for the term of the tariff chosen by the Licensee. The validity period of the License is automatically extended for the duration of the subsequent Tariff paid by the Licensee in accordance with the procedure and conditions of Section 5 and other provisions of this Agreement, an unlimited number of times. If, at the end of the validity period of the last of the Tariffs paid by the Licensee, the Licensee does not pay a License Fee for the new Tariff, the License is suspended until the corresponding License Fee for the new Tariff is paid.
2.6. The Parties have agreed that for the correct operation (functioning) of the Software, it is necessary to connect the Licensee's device and/or server to the Internet
2.7. The Parties have a clear understanding that under this Agreement, the Copyright Holder grants the Licensee the right to use the Software in accordance with the Tariff and the Contract, and the Licensee undertakes to pay the License Fee provided for by the selected Tariff for the right granted, regardless of the actual use of the Software.
2.8. The Software license also applies to Software Updates developed by the Copyright Holder to improve the current version of the Software in order to ensure its smooth operation, eliminate deficiencies and modernize the operation of the current version of the software, as well as additional components that can be provided or access to which can be provided by the Copyright Holder, if the right to use such updates, additions, additional components it is not transferred on the basis of independent agreements concluded between the Copyright Holder and the Licensee (for example, in relation to Software Updates, provided for a fee, which the Licensee can choose on the Site).
2.9. The parties have hereby determined that the Copyright Holder does not guarantee compliance with the expectations and (or) representations of the Customer and (or) third parties.
3. Software Update
3.1. The copyright holder may periodically release software updates, the installation of which allows to eliminate identified errors in the operation of the software, expand its functionality, etc.
3.2. Software updates are downloaded and installed automatically (unless otherwise provided by this Agreement), provided that the Licensee's server on which the Software is installed is connected to the Internet.
3.3. All software updates are available for download during the entire period of use of the Software (the term of the License Package) selected by the Licensee, unless another period is determined by the Copyright Holder at its sole discretion.
3.4. Software updates purchased by the Licensee under the terms of a perpetual License are provided for an additional fee in accordance with the Tariffs indicated on the Website.
3.5. If the Licensee intends to purchase Software Updates, the right to use which is granted to the Licensee under the terms of an indefinite License, the Licensee must pay for Software Updates within 5 (five) business days from the date of purchase.
3.6. The cost of Software Updates, which are purchased by the Licensee together with the License for the term of the Tariff, are included in the cost of such a Tariff.
3.7. The update of Additional Software is carried out in accordance with the terms of the provision of additional software or agreed by the Parties separately (including by e-mail).
4. Rights and obligations of the Parties
4.1. The Licensee is obliged to:
4.1.1. not to use the Software in the manner and/or in ways not provided to it by the Copyright Holder under the Agreement;