this License agreement (hereinafter referred to as the Agreement) is concluded between CRM Travels LLC (hereinafter referred to as the Licensor) and any individual, individual entrepreneur, legal entity (hereinafter referred to as the portal Administrator).
1. KEY TERMS
1.1. program – computer program "CRM Travels" of all editions (as a whole, and its components), located on external servers, which is presented in an objective form a set of data and commands, including the source code, database, audiovisual works included by the Licensor in the said computer program, as well as any documentation on its use.
1.2. website – Licensor's website located on the Internet at https://crmtravels.com/.
1.3.Authorised user – the user who registered and logged in to it at least once.
1.4. portal – information resource, which is a set of data of one Program with a unique identifier, by which program objects are grouped (information blocks, web forms, forums, templates, email templates and others) for their joint display and use, usually in one appearance, interface language, domain name or directory.
1.5. Use – any actions related to the operation of the Program in accordance with its purpose.
1.6. Technical support – activities carried out by the licensor within the limits and amounts established by It to ensure the operation of the Program, including information and consulting support on the use of the Program.
1.7. License agreement – a written agreement under which the Licensor or other person having the relevant rights has granted the portal Administrator the right to use the Program under the terms of the license chosen by the portal Administrator.
1.8. account – an entry in the licensor's System that stores data allowing to identify the portal Administrator and/or Authorized user.
1.9. my account – closed area of The site, which allows the portal Administrator to authorize new users, manage their Accounts and manage the Portal and its settings. To enter The personal account, a unique name and password obtained by the portal Administrator when registering on the Site are used.
2. SUBJECT consent
2.1. The licensor grants the portal Administrator the right to use the Program (a simple non-exclusive license), subject to all restrictions and conditions of use of the Program in accordance with its technical documentation, functionality and terms of this Agreement, taking into account the types of licenses listed on the Internet at https://crmtravels.com/documents-all/.
2.2. All provisions of this Agreement apply both to the Program as a whole and to its individual components, which cannot be separated and/or used on different computers (computers).
2.3. This Agreement is concluded before or immediately at the beginning of the use of the Program and is valid for the entire period of its lawful use by the administrator of the portal within the term of the copyright on it, subject to proper compliance with the terms of the agreement By the administrator of the portal.
2.4. The licensor grants the portal Administrator the right to use the Program without restriction on the territory on the terms and in the manner provided by the current legislation of Ukraine and this Agreement.
3. copyright and trademarks
3.1. The program is the result of intellectual activity and the object of copyright (computer program), which are regulated and protected by the legislation of Ukraine on intellectual property and international law.
3.2. The algorithm of the Program and its source code (including their parts) are the valuable trade secrets of Licensor. Any use or use of the Program in violation of the terms of this Agreement shall be considered as a violation of the rights of the Licensor and is a sufficient basis for depriving the portal Administrator of the rights granted under this Agreement.
3.3. Licensor guarantees that it has all the necessary rights under this Agreement to provide them to the portal Administrator, including the documentation for the Program.
3.4. Responsibility for copyright infringement comes in accordance with the current legislation of Ukraine.
3.5. This agreement does not grant the portal Administrator any rights to Use the trademarks and service Marks of the licensor and/or Its partners.
3.6. The portal administrator may not, under any circumstances, remove or obscure information and information about copyrights, trademarks or patents specified in the Program.
4.1. This Agreement grants you the right to reproduce by installing and running a single copy of the Program within its functionality. The portal administrator is granted the right to create an organization Portal, and the amount of documents must not exceed the permitted license type.4.2. Use of the Program in excess of the permitted amount of documents, which is only possible in the case of expanding the license on the terms posted on the Licensor's Website and in paragraph 6.6 of this Consent.
note: for the purposes of this Agreement, the permitted scope of documents does not include granting the portal Administrator direct access to the Licensor's servers, database, physical or virtual hardware, operating system, or the ability to administer or modify the Software. This concept is a technological limitation of the use of the Program under the appropriate type of license and is used by the Licensor for the convenience of determining the volume of use of the Program for the purpose of forecasting, regulating and managing the load on the Program.
4.3.1. In order to use the program, the portal Administrator must complete the registration procedure, as a result of which a unique account will be created for the portal Administrator. To add authorized users, you must register Them in your personal account by filling out the appropriate form. The number of Authorized users within One personal account is determined based on the type of license.
4.3.2. To register, the portal Administrator undertakes to provide accurate and complete information about himself and Authorized users on the issues proposed in the registration form, and to keep this information up to date. If the portal Administrator provides incorrect information or the Licensor has reason to believe that the information provided by the portal Administrator is incomplete or incorrect, the Licensor has the right to block or delete the account of the portal Administrator and/or Authorized user, as well as to prohibit the portal Administrator and/or Authorized user from using the Program.
4.3.3. The licensor reserves the right at any time to require the administrator of the portal to confirm the data specified during registration, and to request in this regard supporting documents, the failure of which, at the discretion of the Licensor, may be equated to the provision of false information and entail the consequences provided for in paragraph 4.3.2 of the Agreement.
4.3.4. The personal information of the portal Administrator contained in his / her account is stored and processed by the Licensor in accordance with the terms of confidentiality (). crmtravels.com/privacy< / a>).
4.4. login And password to access the portal Administrator account and/or an Authorized user.
4.4.1. When registering, the portal Administrator and/or an Authorized user independently chooses a login (a unique symbolic name of the portal Administrator account and / or an Authorized user) and a password to access the account. The licensor has the right to prohibit the use of certain logins, as well as to establish requirements for login and password (length, allowed characters, etc.).
4.4.2. The portal administrator and / or Authorized user are solely responsible for the security (resistance to guessing) of the chosen password, as well as independently ensure the confidentiality of their password. The portal administrator is solely responsible for all actions/omissions (as well as their consequences) within or using the Program under the portal Administrator account, including cases of voluntary transfer or non-compliance with the confidentiality of the portal Administrator data to access the account to third parties on any terms (including under contracts or agreements). Moreover, all actions within or using the software under the Administrator account of portal are carried out by the portal Administrator, with the exception of cases occurring after receipt by the Licensor of the portal Administrator directed in the manner prescribed by paragraph 4.4.3, notification of unauthorized use of the software under the Administrator account of portal and/or about any violation (suspicions about violation) confidentiality of your password.
4.4.3. The portal administrator shall immediately notify the Licensor of any unauthorized (not authorized by the portal Administrator) access to the Program using the portal Administrator account and/or any violation (suspected violation) of the confidentiality of his / her password. For security Purposes, the administrator of the portal is obliged to carry out a safe shutdown under his account ("Exit" button) at the end of each session of the Program. The licensor shall not be liable for any loss or damage of data, as well as other consequences of any nature that may occur due to violation of the provisions of this part of the agreement by the portal Administrator.
4.5. Termination of registration.
the Licensor is entitled to block and delete user account of the portal Administrator and/or Authorized user, including all the content without giving reasons including in case of breach by the Administrator of the portal conditions of Consent or other conditions of the documents in the case of non-use of the Program under the license of the Project for Fifty (50) days. Non-use of the Program in this Agreement means the absence of data in the archive system of the Licensor about the authorization of the portal Administrator and/or Authorized user.
4.6. delete account
upon termination of registration for the reasons specified in clause 4.5. this Transaction deletes the portal Administrator account, as well as all content posted using it, and the Portal domain name becomes available for use by other users. From that moment on, it is impossible to restore the account of any information related to it, access to the Program using this account.
4.7. The administrator of the portal is not allowed to use the Program in any way, if such use does not contradict whether it leads to a violation of the current legislation of Ukraine.
4.8. The balance of funds on the internal balance of the Program is not paid to the Portal Administrator. Funds can only be used to pay for the work of the Program at the selected tariff.
5. ASSIGNMENT (TRANSFER) of RIGHTS
5.1. The administrator of the portal, except for the cases established by this Agreement, has the right to assign (transfer) all his rights and obligations under this Agreement to another administrator of the portal only upon receipt of the written consent of the Licensor. This right of assignment (transfer) is not granted to those portal Administrators who have received the right to use the Program as a result of a similar assignment (transfer).
5.2. The assignment (transfer) of rights and obligations is carried out only with the full and unconditional consent of the new portal Administrator with all the terms and conditions of this Agreement and the License agreement.
5.3. The portal administrator is obliged to provide the Licensor with full data on the new portal Administrator for re-registration of the Program in accordance with this Agreement.
5.4. The assignment (transfer) of rights under this Agreement may not be made indirectly or through any third party.
6. LICENSE TYPES
6.1. The portal administrator has the right to choose the appropriate type of license, the list of which is available on the Internet at crmtravels.com/documents-all/.
6.2. The type of license is determined by the relevant License agreement.
6.3. The portal administrator has the right to change the license type during the whole period of its validity, and the validity period of the purchased license will be increased in proportion to the paid, but unspent period of the current license.
6.4. The license term begins to run from the date of the License agreement, except for the Project license, which begins to run from the date of account creation.
6.5. In case of expiration of the relevant license and failure of the portal Administrator within 15 (fifteen) calendar days of any action to extend the license to use the Program under the license, which is completed, or other type from the list specified in paragraph 6.1. this Agreement, further Use of the program by the portal Administrator is carried out under the Project license.
6.6. The licensor has the right to unilaterally change the types of licenses by placing a new list of them on the Internet at crmtravels.com/documents-all/ not later than 14 (fourteen) days before the date of such changes.
6.7. license extension:
6.7.1. The extension of the license, which provides for the possibility of increasing the allowed volume of documents, allows the portal Administrator to use the Program with the permitted volume of documents, which is provided for by the extension, before the expiration of the current license.
6.7.2. Further legal use of the additional functionality of the Program is possible only if you purchase a new license together with the extension of the license required for the appropriate authorized volume of documents.
7. USAGE LIMITATIONS
7.1. The portal administrator is granted the right to use the Portal, while the portal Administrator and/or Authorized users are not entitled to perform actions that may lead to: a) disruption of the Licensor's equipment and network; b) disruption of the Program or limitation of other users ' ability to use the Program; C) unauthorized access to the program, as well as information, computing and network resources of the Licensor; d) causing or threat of harm to third parties.
7.2. The portal administrator is not given the opportunity to modify the Portal, its design and appearance.
7.3. The administrator of the portal independently provides connection of the workplace to the Internet, and also independently provides a complete set of the workplace according to the requirements placed on the Website.
7.4. The portal administrator guarantees that he has all the necessary rights to all data, computer programs or services that are used by him in connection with the use of The program, and that such actions do not violate the rights of third parties.
7.5. Licensor does not provide any hosting or telecommunications services.
7.6. The portal administrator has the right to use the Program under the Project license (the terms of which are set out in the Internet at crmtravels.com/documents-all/ for informational purposes, for an unlimited period of time.
7.7. The portal administrator has no right to reproduce the Program by any means other than those permitted, as well as to copy, sell and resell it (including the content available to the portal Administrator by means of the Program), or access to it, except when the portal Administrator has received such permission from the Licensor.
8. TECHNICAL SUPPORT
8.1. Licensor provides Technical support to the portal Administrator and / or Authorized user, including on issues related to functionality, features of operation on standard configurations of supported (popular) operating, mail and other systems of the Program in the manner and on the terms specified in the technical documentation for it.
8.2. The portal administrator and / or the Authorized user have the right to contact the Licensor's Technical support service without paying an additional fee.
8.3. In order to provide Technical support, the Licensor has the right to require the portal Administrator and/or the Authorized user to provide information regarding the account data, technical characteristics of the equipment.
9. liability of the PARTIES
9.1. For violation of the terms of this agreement comes the responsibility provided by the legislation of Ukraine.
9.2. The licensor shall not be liable to the portal Administrator and/or Authorized users for any damage, loss of income, profit, information or savings related to the use or inability to use the Program, including in the event of prior notice by the portal Administrator and / or Authorized user of the possibility of such damage, or any claim by a third party.
10. LIMITED WARRANTY
10.1. The licensor guarantees the operation of the Program in accordance with its technical documentation.
10.2. The licensor does not guarantee that the Program, as well as all its functionality, will meet the expectations of the portal Administrator.
10.3. If errors are found while using the Program, the Licensor will take steps to correct them as soon as possible. The parties agree that the exact definition of the error correction period cannot be established, since the Program interacts closely with other third-party computer programs, operating systems and hardware resources of different computers, the efficiency and time of problem solving do not depend only on the Licensor.
10.4. In the case of the portal Administrator and / or Authorized user actions prohibited by the provisions of paragraph 7.1. under this agreement, the Licensor shall be entitled, without giving any reason and without any notice to the portal Administrator, to take measures that detect and prevent the said violation.
10.5. The licensor does not initiate or control the placement of any information by the portal Administrator and/or Authorized user in the process of using the Program, does not affect its content and integrity, as well as at the time of placement of this information does not know and can not know whether it violates the legally protected rights and interests of third parties, international treaties and the current legislation of Ukraine.
10.6. All disputes, disagreements or claims arising out of or in connection with the Agreement shall be settled by the Parties through negotiations. In the absence of consent, the dispute between the Parties shall be considered in the appropriate court at the location of the Licensor.
11. b > effect, modification and termination
11.1. In all matters not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
11.2. The licensor has the right to change the terms of this Agreement unilaterally by posting the amended text on the Internet at crmtravels.com/agreement< / a>.
11.3. The licensor has the right in case of violation by the portal Administrator of the terms of this agreement on the use of the Program, including, but not limited to the provisions of section 4 of this Agreement, to unilaterally terminate this agreement, notifying the portal Administrator one working day before the expected date of such termination, without further payment of any compensation to the portal Administrator associated with the said termination.
11.4. Upon termination of this Agreement by any party for any reason, The administrator of the portal is obliged to stop using the Program.
12. CONTACT information for the LICENSOR