End-user License Agreement for PETRALEX program
1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter — «Agreement») is a binding Agreement between IT4YOU, having its registered office at Konstitucijos pr. 9-55 (Šnipiškės), 09308 Vilnius, Lithuania (hereinafter — the «Company»), and any capable individual (hereinafter — «the User»), duly acceding to the Program «Petralex» (hereinafter — «the Program»). By installing the Program on his personal computer, the User is considered to have accepted the terms of this End-User License Agreement.
1.2. The Program is a hearing aid application based on Windows 8/7, running same principles as conventional wearable hearing aid. The Program is available for download at no charge, but the User may purchase supplementary services within the Program.
1.3. This Agreement is a public document. Its current edition is available on Internet thought the following link: http://petralex.pro/eula The Company may amend this Agreement unilaterally. The use of the Program after such amendments are made shall be deemed its acceptance by the User.
1.4. The Company grants the User with the rights listed below provided that the User comply with all terms and conditions of this Agreement.
1.5. The User hereby agrees that the Company may collect and use technical data and related information including but not limited to information about User’s device and system. The Company may use this information as long as it is in a form that does not personally identify the User in order to improve the Program or provide customized services.
1.6. Any suggestions and complaints relating to the content and operation of the Program, violations of the rights and interests of third parties, the requirements of applicable legislation, may be sent by e-mail: firstname.lastname@example.org.
1.7. This Agreement shall be governed and construed in accordance with the legislation of the Russian Federation without reference to principles of conflict of laws.
1.8. By consenting to the terms of this Agreement, the User confirms his legal capacity. If the User has not reached the legal age to make a valid agreement or is not legally allowed to use the Program due to the applicable legislation he cannot install the Program.
1.9. The Petralex® app is not approved as a medical device or software and cannot be used as a hearing aid with doctor`s prescription. Audiometric test provided in the application can be used only for app adjustment. Testing results are not a substitute for professional audiology tests and cannot be considered as a basis for diagnosis.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. The User shall properly comply with the terms of this Agreement.
2.2. Subject to terms of the EULA, the Company grants the User a limited, non-exlusive license to use the Program solely for non-for-profit purposes.
2.3. The User shall not directly or indirectly decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code of the Program, copy, distribute, assign or otherwise transfer rights to the Program.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. The Company may transfer rights and obligations under this Agreement to third parties for purposes of fulfillment of this Agreement without obtaining the consent of the User.
3.2. The Company is entitled to block the access to the Program or any of its services in case of infringement of any obligation provided in Section 3 of this Agreement.
4. GUARANTEES AND LIABILITY OF THE PARTIES
4.1. In order to fulfill its obligations under this agreement the Company is entitled to involve third parties.
4.2. In case of violation of the rules of the use of the Program provided in section 2 of this Agreement the User shall indemnify the Company’s harm caused by such actions.
4.3. Until proven otherwise, any action taken with User’s personal computer shall be deemed committed by the User. In the case of unauthorized access to the User’s computer program the User shall immediately notify the Company.
4.4. THE PROGRAM IS PROVIDED «AS IS», WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR THE COMPANY BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
5. LINKS TO THIRD PARTY WEBSITES
5.1. The Program may contain links or submit access to other websites (the linked websites). The linked websites are not under the control of the Company and the Company is not liable for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites.
6. FINAL PROVISIONS
6.1. If any dispute or controversy related to the implementation of this Agreement arises, the User and the Company will make efforts to resolve such disputes by negotiations. If the disputes are not settled by negotiation, the disputes shall be settled in the competent court of Moscow, Russian Federation at the plainiff’s option, in accordance with the laws of the Russian Federation.
6.2. If any provision of this Agreement is for any reason held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
6.3. Failure to exercise, or any delay in exercising, of any right or remedy provided under this Agreement shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.