Игерушіліктің шарттары

This License Agreement (hereinafter Agreement) is an offer and contains the procedure and all considerable terms and conditions according to which you - natural or legal person (hereinafter User or Licensee) - use the LeaderTask service (hereinafter Service) including computer software (hereinafter Software), websites (the information websites at www.leadertask.com and www.leadercommand.com, as well as the private office website at www.leadertask.net), photo, audio and video materials about the Service and other services providing the operation of the Service.

Definitions

Licensed user is a natural person that is allowed to use the Service under the Agreement.

Basic Service Package means all features of the Software except for the features making it possible to: synchronize data between different copies of the Software (including assigning tasks, discussing tasks, working with shared projects) and also update the program to the latest version.

Advanced Service Package means features of the Software making it possible to: synchronize data between different copies of the Software (including assigning tasks, discussing tasks, working with shared projects) and also update the program to the latest version.

Service Edition is a set of features in the Service. The number of Service Editions and the features available in each Edition is determined by the Copyright Holder and published on the Service websites.

Account is the basic set of information identifying the user and used to access the Service, including the e-mail address and password.

Software Activation means copying the key file to the Software directory (on the Windows platform).

Service Access Authentication Data means the key file of the Software (on the Windows platform) and the e-mail address/password set.

Scope

According to this Agreement, The LeaderTask Organizer, LLC represented by its general director Ivan Abramovsky acting on the basis of the Charter (hereinafter Licensor) - the holder of the intellectual property rights (both the exclusive right and the moral rights, including the copyright) to the Service - shall provide the User (directly or through third parties) with the nonexclusive right to use the Service according to the rules, terms and conditions set forth in this Agreement (a nonexclusive license).

Acceptance of Offer

This offer is considered accepted by the User if at least one of the following conditions is met:

  1. The User has installed the Software
  2. The User has submitted the order to purchase the nonexclusive rights to use the Service (by contacting the technical support service of the Licensor or via the Service websites)
  3. The User has paid for the nonexclusive rights to use the Service
  4. The User has created an account with the Service (personally at the Service websites or by contacting the technical support of the Licensor)

Transfer And Cost of Nonexclusive Rights to Use the Service

Acquiring the rights for a fee

  1. The User pays for the nonexclusive rights to use the Service.
  2. The User lets the Licensor know the e-mail address and name for creating the authentication data to access the Service.
  3. The Licensor sends the User the authentication data for accessing the Service within 3 business days. The moment of the sending the authentication data by the Licensor is considered as the moment of acquiring the rights.

The fee for the nonexclusive rights to use the Service is specified by the Licensor and published on the Service websites.

The fee for the nonexclusive rights to use the Service depends on the Service Edition, the number of licensed users and the period of using the Service.

The sum of the Licensor's remuneration for providing the nonexclusive rights to use the Service is exempt from VAT according to Article 149, Item 2, Subitem 26 of the Tax Code of the Russian Federation.

Acquiring the rights free of charge

  1. The User meets the conditions of acquiring the nonexclusive rights to use the Service or receives the offer from the Licensor concerning the transfer of the nonexclusive rights. The Service Edition, the number of licensed users and the period of using the Service are specified in the terms and conditions of acquiring the rights (determined by the Licensor and published on the Service websites) or directly in the Licensor's offer.
  2. The User lets the Licensor know the e-mail address and name for creating the authentication data to access the Service
  3. The Licensor sends the User the authentication data for accessing the Service within 3 business days. The moment of sending the authentication data by the Licensor is considered as the moment of acquiring the rights.

Period of Using the Service

By purchasing the nonexclusive rights to use the Service, the User gets the limited period for using the Service (in the Edition selected during the payment for the nonexclusive rights).

The User may at any time (both before and after the current period of using the Services expires) pay for prolonging the period of using the Service. The fee for the prolonged period is specified by the Licensor and published on the Service websites. The Licensor has the right to determine the minimum prolonged period of using the Service available for purchase.

When the period of using the Service expires, the User makes the decision whether to prolong the period or not. The User may postpone making this decision for as long as needed (it will be impossible to use the advanced service package during this period).

Peculiarities and exceptions:

  1. If the number of purchased licensed users equals or exceeds two, by purchasing the nonexclusive rights to use the Service, the User gets the limited period of using the Service Edition having the largest set of features.
  2. In order to prolong the period of using the Service, the Licensor has the right to request the following information from the User about the purchase of nonexclusive rights to use the Service:
    1. Purchase date
    2. E-mail address and name submitted by the User for creating the authentication data
    If the User loses this information, the Licensor has the right to refuse to prolong the period of using the Service for the User.
  3. The User has the right to use the Software on the Android, iPad, iPhone platforms without paying for the nonexclusive rights to use the Service and therefore without purchasing the nonexclusive rights to use the Service. In this case, it will be possible to use only the package of basic services of the Service Edition having the largest set of features in the Software for the Android, iPad, iPhone platforms.

User Rights

The User has the right to:

  1. Use all features of the Service for evaluation purposes for 45 days free of charge.
  2. The User determines whether the Service meets the User's needs and expectations during the evaluation period. Also, the User tests whether the Service works correctly on all computers the User is going to use it on. After the evaluation period expires, the Licensor cannot prolong it. This policy applies to all Users without exceptions.
  3. After purchasing the nonexclusive rights, use the Basic Service Package (of the selected Service Edition) without any time limitations in the latest (at the moment of purchasing the rights) version of the Software on the Windows platform.
  4. Use the Basic Service Package (of the Service Edition having the largest set of features) in software on Android, iPad, iPhone platforms.
  5. Change (reduce or increase) the number of licensed users.
  6. Transfer from one Service Edition to another. The transfer fee is specified by the Licensor and published on the Service websites.
  7. Use the Service on any number of computers.
  8. Get free technical support via e-mail and by phone (the contact information and working hours are specified at the Service websites) without any time limitations. When the User contacts the technical support service by any means of communication, the Licensor has the right to switch the User to another means of communication (for instance, from phone to e-mail) in order to increase the technical support quality.

User Obligations

The User shall:

  1. Use the Service only within the rights and methods set forth in this Agreement.
  2. Make payments under this Agreement according to the terms and conditions of this Agreement.
  3. Store the distribution package (installation file) of the Software (on the Windows platform) of the latest version at the moment of purchasing the rights.
  4. Keep the authentication data received from the Licensor.
  5. Keep the following information regarding the purchase of the rights:
    Purchase date
    E-mail address and name submitted by the User for creating the authentication data

Licensor Rights

The Licensor has the right to:

  1. Involve third parties in order to provide services under this Agreement.
  2. Automatically (without the User's express consent) get the following information from the User: information about the executable files of the Software, information about the operating system, information about the web browser, and also any other necessary technical information. The Licensor collects this information for the sole purpose of providing the highest possible level of Service to customers and increasing the quality of the Service (including bug fixes). The Licensor does not link the processed information to the User's personal data.

Licensor Obligations

  1. Give the User the rights to use the Service within 3 business days from the moment of receiving the e-mail address and name from the User.
  2. Provide the right to use the Service every day round the clock, except for the time used for maintenance purposes.
  3. Provide free technical support via e-mail and by phone (the contact information and working hours are specified at the Service websites) without any time limitations. When the User contacts the technical support service by any means of communication, the Licensor has the right to switch the User to another means of communication (for instance, from phone to e-mail) in order to increase the technical support quality.
  4. Provide information about the new versions of the Software released during the period of using the Service.
  5. Fix possible software bugs in the operation of the Service occurring due to the Licensor's fault on the basis of the User's request, except for cases when the Service is used illegally.
  6. Provide the information security for the User's data within the limits determined by and provided for in the current legislation of the Russian Federation.

Software Updates

New features are added to the Software and bugs and drawbacks detected in the Software are fixed through releasing the new version of the Software. Therefore, the Licensor strongly recommends that the User updates the Software to the latest available version on a regular basis.

The dates of releasing new versions of the Software are determined by the Licensor.

The Licensor informs the User about a new version of the Software being released by the electronic means of communication. The User decides whether to update the Software or not. The User may postpone making this decision for as long as needed but not till after the period of using the Service expires. The User initiates the procedure of updating the Software (from the interface of the Software).

Peculiarities of updating the Software for the Android, iPad, iPhone platforms:

  1. New versions of the Software are provided to the User free of charge.
  2. The User may update the Software even after the period of using the Service expires.

Illegal Use

The User shall not:

  1. Decompile, disassemble, modify or create derivative items based fully or partially on the Software, except for cases provided for in the legislation of the Russian Federation.
  2. Manually (i.e. without using the interface of the Software) delete or modify files stored in the Program directory, as well as add new files to the directory, except for the following cases:
    when the Licensor explicitly requests these operations
    when it is necessary for the activation of the Software on the Windows platform
  3. Transfer the rights to use the Service to third parties.
  4. Transfer and grant access to the authentication data to third parties thus violating the terms and conditions of this Agreement.
  5. Rent, lend or lease the Service.

The Licensor reserves the right to block the User's authentication data in case it detects this kind of activity.

Liability

The Parties are liable for the non-fulfillment and the improper fulfillment of the obligations under this Agreement in accordance with the current legislation of the Russian Federation.

The User exercises the rights to use the Service at the User's own risk. The Licensor disclaims any liability for the suitability of the Service for the purpose of its use.

The Licensor shall not be liable for:

  1. Any actions of the User related to exercising the rights to use the Service
  2. Any type of damage suffered by the User due to the loss and/or disclosure of the User's authentication data.
  3. The quality of services (including the data transfer services) necessary for using the Service if they are provided by third parties not involved by the Licensor.

The User agrees that to work with the Service the User has to use software (web browsers, operating systems, etc.) and hardware (computers, network equipment, etc.) manufactured and supplied by third parties and that the Licensor shall not be liable for the quality of their work.

The User is civilly, administratively and criminally liable for the violation of the Licensor's intellectual property rights to the Service in accordance with the legislation of the Russian Federation.

Force Majeure

In case of force majeure circumstances, including natural disasters, emergencies, fires, riots, strikes, military actions, unlawful acts by third parties, coming into effect by-laws, government regulations and orders by authorities directly or indirectly forbidding the types of activity specified in this Agreement or preventing the parties from fulfilling their obligations under this Agreement and other circumstances not dependent on the parties will, they are not liable for the non-fulfilment of the obligations if the Party suffering from their effect informs the other Party about it within 10 (ten) days since the effect of the circumstances start in case of a communication possibility and also takes all efforts for the quick elimination of the consequences of the force majeur circumstances.

The Party that suffers losses due to the force majeur circumstances may request documented proof regarding the scale of the events that have taken place and also regarding their effect from the Party subject to the effect of the force majeur circumstances.

Terms and Termination

The Agreement comes into effect at the moment when the User accepts the Agreement.

The Agreement remains effective within 1 (one) calendar year. After the calendar year expires, the Agreement is prolonged for the next calendar year if none of the Parties expresses the intention not to prolong the Agreement by sending the other Party notification via e-mail.

All disputes and differences are resolved through negotiation. If the differences and disputes cannot be resolved through negotiation, they are submitted to the Arbitration Court of the Yaroslavl Region for proceedings.

If the Agreement is terminated, all information the User stores by means of using the Service is physically removed from the Licensor's media.

Either of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party 10 (ten) business days prior to the assumed date of the unilateral termination. The notification about the unilateral termination of the Agreement is sent via e-mail.

In case the Agreement is terminated, the Licensor does not refund in full or in part the User's money spent on purchasing the nonexclusive rights to use the Service, prolonging the period of using the Service, transferring from one Service Edition to another and any other expenses directly or indirectly related to using the Service.

Personal Data

The Licensor complies with all the requirements set forth in Federal Law 152-FZ On Personal Data regarding the protection of the personal data received from the User.

The Service completely complies with the requirements set forth in Federal Law 152-FZ On Personal Data.

The Licensor collects and processes the User's personal data (namely, first, last and middle names; sex; age; birthdate; the IP address the Service websites are accessed from; mother tongue; the language preferred in the Service; residential address; the name of the organization the User is employed in; e-mail address; instant messaging identification number; phone number) for the sole purpose of:

  1. fulfilling the terms and conditions of this Agreement
  2. complying with the requirements set forth in Federal Law 152-FZ On Personal Data

By entering this Agreement, contacting the technical support service of the Licensor, downloading the Software from the Service websites and the websites of the Service partners (application stores for the Windows, Android, iPhone, iPad platforms), the User gives the Licensor consent to collect and process the User's personal data.

Disclaimer of Warranties

The Service is distributed as is commonly accepted in the international software industry. The Licensor and the Licensor's partners give no guarantees whatsoever concerning the use the of the Service and its efficiency.

The User agrees that no software, including the Software of the LeaderTask Service, is bug-free.

The Licensor does not guarantee the operation of the Service if the User violates the rules of using the Service.

The Licensor does not guarantee the operation of the Service if the Use does not update the Software.

Limitation of Liability

THE LICENSOR AND THE LICENSOR'S PARTNERS SHALL NOT BE LIABLE FOR ANY LOSSES AND/OR DAMAGES (INCLUDING LOSS OF PROFIT, LOSS RESULTING FROM THE INTERRUPTED OPERATION, LOSS OF INFORMATION OR ANY OTHER LOSSES) RESULTING FROM THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE, THE INSTALLATION OR THE INABILITY TO INSTALL THE SERVICE SOFTWARE AND ALSO THE RESULTING FROM THE CREATION OR THE INABILITY TO CREATE AN ACCOUNT AT THE SERVICE.

Refund Policy

The Licensor does not refund in full or in part the User's money spent on purchasing the nonexclusive rights to use the Service, prolonging the period of using the Service, transferring from one Service Edition to another and any other expenses directly or indirectly related to using the Service. All transactions are final.

Applicable Law

This Agreement is governed in accordance with the legislation of the Russian Federation.

Other provisions

The terms and conditions of this Agreement may be modified by the Licensor unilaterally at any moment without notifying the User.