License
Appercode — mobile cross-platform managment system (mCMS)
Main Products License

License

Appercode Pre-beta
Copyright © 2013 Digital Sparta

1. LICENSE

By receiving, opening the file package, and/or using Appercode Pre-beta("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Digital Sparta your use of Appercode Pre-beta indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Digital Sparta grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Appercode Pre-beta in accordance with this Agreement and any other written agreement with Digital Sparta. Digital Sparta does not transfer the title of Appercode Pre-beta to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Digital Sparta and the purchasers or users of Appercode Pre-beta.

If you do not agree to be bound by this agreement, remove Appercode Pre-beta from your computer now and, if applicable, promptly return to Digital Sparta by mail any copies of Appercode Pre-beta and related documentation and packaging in your possession.

2. DISTRIBUTION

Appercode Pre-beta and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Appercode Pre-beta contact Digital Sparta.

3. USER AGREEMENT

3.1 Use

Your license to use Appercode Pre-beta is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Appercode Pre-beta.

3.2 Use Restrictions

You shall use Appercode Pre-beta in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Appercode Pre-beta together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Appercode Pre-beta may be used on one single computer location by one user. Use of Appercode Pre-beta means that you have loaded, installed, or run Appercode Pre-beta on a computer or similar device. If you install Appercode Pre-beta onto a multi-user platform, server or network, each and every individual user of Appercode Pre-beta must be licensed separately.

You may make one copy of Appercode Pre-beta for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Appercode Pre-beta . The assignment, sublicense, networking, sale, or distribution of copies of Appercode Pre-beta are strictly forbidden without the prior written consent of Digital Sparta. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Appercode Pre-beta. If any person other than yourself uses Appercode Pre-beta registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Appercode Pre-beta. Nor can you create any derivative works or other works that are based upon or derived from Appercode Pre-beta in whole or in part.

Digital Sparta's name, logo and graphics file that represents Appercode Pre-beta shall not be used in any way to promote products developed with Appercode Pre-beta . Digital Sparta retains sole and exclusive ownership of all right, title and interest in and to Appercode Pre-beta and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Appercode Pre-beta, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Digital Sparta.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Digital Sparta , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Digital Sparta's Software.

In no event (including, without limitation, in the event of negligence) will Digital Sparta , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Appercode Pre-beta or the use or inability to use Appercode Pre-beta or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Digital Sparta's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Digital Sparta ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Digital Sparta.

3.5 Warranties

Except as expressly stated in writing, Digital Sparta makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Russian Federation applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Russian Federation therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Appercode Pre-beta and destroy all copies of Appercode Pre-beta supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY APPERCODE Pre-beta AS WELL.

5. CONSENT OF USE OF DATA

You agree that Digital Sparta may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Appercode Pre-beta. Digital Sparta may also use this information to provide notices to you which may be of use or interest to you.

Резидент Фонда «Сколково»