The License Agreement is an integral part of the Livicom Service Terms (hereinafter also referred to as the Service) and regulates the Subscriber's use of software required to provide the Service. The Licensor is Stels NPP, the licensee is a Subscriber who enables the Livicom Service.
Starting to use the Service Software means that the Subscriber agrees to the terms of this License Agreement. The terms of this License Agreement in accordance with Article 435 of the Civil Code of the Russian Federation shall be an offer to Subscribers. 1. DEFINITIONS Software
means a set of programs for Subscriber Devices enabling the Subscriber to access the Service, Subscriber Software on the Licensor's website www.livicom.ru. The Subscriber may also install a mobile version of the software on the Subscriber's device. Subscriber
means a natural person (citizen) receiving the Service under an offer agreement of the Service Terms. Subscriber Device
means user (terminal) equipment legally owned by the Subscriber, which provides the Subscriber with access to Licensor's services by connecting this terminal equipment to the Internet. Interface(s)
means Licensor's tools used by the Subscriber to connect, manage and disconnect the Service. Interfaces shall mean the web interface on www.livicom.ru
, apps for Subscriber Devices running Androidand iOS operating systems. Licensor
means Stels Scientific and Production Enterprise OOO (Stels NPP OOO) located at 1 Sozidaniya St., Tomsk, Tomsk Region, 634055, Russia Livicom Service (Service)
means a service that enables Subscribers to remotely receive information about various indicators of Devices, to control devices via Interfaces. Hub
means a main Service control device, to which other sensors are connected. Devices
mean Hub and hub-connected sensors, which monitor various indicators and/or enable to control electrical appliances connected to devices within the Service. 2. INTELLECTUAL PROPERTY RIGHTS
2.1 The Software shall be provided to the Subscriber by the Licensor under a non-exclusive license.
The territory of the license includes members of the Commonwealth of Independent States (CIS). The License shall be granted to the Subscriber for the whole period of the Service. The fee for a non-exclusive license for the Service client app for mobile devices shall be included in the subscription fee for the Service. The license fee for the Software installed in the Hub to collect and transfer data from sensors and devices connected to it shall be determined by the Licensor on the website www.livicom.ru.
2.2 The Subscriber shall have the right to use the Software as follows:
· install (copy) on the Subscriber Device.
2.3 The possession, access or use of the Software by the Subscriber shall not grant the Subscriber any rights other than those specified in the License Agreement. 3. USE OF SOFTWARE
3.1 The Subscriber may use the Software only for the purposes of receiving the Service. The Subscriber shall not be entitled to perform actions with the Software not expressly provided for in Clause 2.2 hereof, including to decompile and modify the Software.
3.2. By accepting the License Agreement, the Subscriber confirms that they have been warned that the current legislation of the Russian Federation makes it a crime to misuse and unlawfully place intellectual property. The Subscriber undertakes not to misuse and unlawfully place intellectual property. The Subscriber undertakes not to videotape third parties without their consent, as well as not to violate other personal non-property rights of such persons, including the right to privacy. The Subscriber shall compensate the Licensor for damages incurred in connection with the Subscriber's violation of this clause. 4. COPIES
4.1. The Subscriber may create any number of copies of the Software on any number of Subscriber Devices.
4.2. The Subscriber shall remove all copies of the Software from the Subscriber Devices if the Service is disabled, as well as in case of transfer of the Subscriber Device to another natural or legal person. In case of violation of the obligation set forth in this clause of the License Agreement, the Subscriber shall be liable in accordance with this License Agreement. 5. TERMINATION AND MODIFICATION OF THE LICENSE AGREEMENT
5.1. The License Agreement shall be effective from the date of the Software use during the whole period of the Service provided to the Subscriber. The License Agreement shall terminate if the Service is disabled.
5.2. The License Agreement may be unilaterally amended by the Licensor by publishing a new version of the License Agreement on the Licensor's website www.nppstels.ru and/or on the Service website www.livicom.ru and/or in the mobile version of the Software. 6. LACK OF FAULT TOLERANCE, LIMITATION OF LICENSOR'S LIABILITY
6.1. The Subscriber agrees that no software is free from errors and is provided to the Subscriber "as is".
6.2. Under no circumstances shall the Licensor reimburse the Subscriber for any losses caused by the complete or partial non-functioning of the Software (inability of the Software to perform one or more functions provided for by the Service), including in the event when the Subscriber uses the Software for business. Licensor's liability shall be limited to the amount of the Service fee charged during the period when the Software is completely non-functional through the Licensor's fault.