Applicable from: March 2014.
For purposes of this license agreement “Software” means all software programs distributed, published or otherwise made available by Fingo LLC., but not limited to mobile application “Fingo” accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Fingo LLC., including but not limited to services accessed through mobile application “Fingo”, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Fingo Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT. BY INSTALLING, USING OR ACCESSING THE FINGO SERVICES OR ANY MATERIALS INCLUDED IN OR with THE FINGO SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE AGREEMENT.
If you do not accept the terms of this license agreement, do not install, use or access the Fingo Services.
SOFTWARE LICENSE. Subject to this license agreement and its terms and conditions, Fingo hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial to create a unique home interior design through mobile application “Fingo”, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this license agreement. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this license agreement is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this license agreement and its terms and conditions, Fingo hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Fingo, for your personal non-commercial use, in the manner permitted by this license agreement. The rights granted herein are subject to your compliance with this license agreement.
LICENSE TERM. The term of your licenses under this license agreement shall commence on the date that you accept this license agreement and install or otherwise use the software and/or services and ends on the earlier date of either your disposal of the software and/or services or fingo's termination of this license agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the software and/or services or you otherwise use the software and/or services in breach of the terms of this license agreement.
OWNERSHIP; NO OTHER LICENSES. Fingo retains all right, title and interest in and to the Fingo Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Fingo Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Fingo Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Fingo. All rights not expressly granted to you herein are reserved by Fingo.
2 THIRD PARTY SERVICES
Fingo Services may include links to third party services and/or the third party services may be made available to you via Fingo Services. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
3 GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Fingo Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Fingo Services, any copies thereof, or any passwords or usernames of Fingo Services, without the express prior written consent of Fingo or as set forth in this license agreement; (iii) make a copy of the Fingo Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) use or copy the Fingo Services at a public places; provided, that Fingo may offer you a separate site license agreement to make the Fingo Services available for commercial use; (v) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Fingo Services, in whole or in part; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Fingo Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (vii) misrepresent the source of ownership of the Fingo Services; (viii) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Fingo Services by any RU or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (ix) scrape, build databases or otherwise create permanent copies of content returned from the Fingo Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the software accompanying documentation, and the recipient agrees to the terms of this license agreement. the software is intended for private use only.
The Fingo services may include measures to control access to the Fingo service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this license agreement. Only Fingo services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Fingo services will not function properly.
The Fingo Services may require an internet connection to access the Fingo Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Fingo Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Fingo Services. By using the Fingo Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Fingo Services or certain features of the Fingo Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Fingo Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into any country.
5 LEGAL OWNER
If you are the legal owner of this or that material in the mobile application "Fingo" and did not want him to continue to be freely available, we are ready to assist in the removal of this material, as well as to discuss the terms of this content to users. To do this, you need to send an e-mail: email@example.com or contact us using the contact form. Please provide the following information: 1 Documentary evidence of whether you have the rights to material protected by copyright: the scanned document with the seal or other information that uniquely identifies you as the owner of this material. 2 The text that you wish to place, accompanied by a removable media. Here you can specify where and under what conditions it is possible to obtain information, references to which have been removed. All complaints received will be considered in the order they are received. If necessary, we will contact you.
6 PAYMENTS ANDd PURCHASES OF VIRTUAL GOODS
Fingo may license to you certain virtual goods to be used within Fingo Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL and NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and Fingo is not a party to the transaction.
Fingo may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Fingo shall have no liability to you or any third party in the event that Fingo exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT FINGO IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS LICENSE AGREEMENT WAS VOLUNTARY OR INVOLUNTARY.
THE FINGO SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. FINGO, FINGO'S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FINGO, FINGO'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE FINGO SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE FINGO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FINGO SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER FINGO SERVICES OR THAT ANY ERRORS IN THE FINGO SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY FINGO, FINGO'S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8 LIMITATION OF LIABILITY
IN NO EVENT WILL FINGO, FINGO'S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FINGO SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, MOBILE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FINGO, FINGO'S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, FINGO'S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS LICENSE AGREEMENT AGAINST YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS LICENSE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9 OTHER TERMS AND CONDITIONS
TERMINATION: This license agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the software and all of its component parts and cease and desist from accessing any Fingo services.
EQUITABLE REMEDIES: You hereby agree that if the terms of this license agreement are not specifically observed, Fingo will be irreparably damaged, and therefore you agree that fingo shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this license agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Fingo, its partners, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Fingo Services pursuant to the terms of the license agreement; or (ii) your breach of this license agreement.
GOVERNING LAW AND DISPUTE RESOLUTION. This license agreement will be governed by the laws of Russia. Any dispute, controversy or claim arising out of or relating to this license agreement or the breach, termination or validity thereof shall be finally settled at Fingo's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the current legislation of Russian. the arbitration shall be conducted in Krasnodar, Russia, in the Russian language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FINGO ONLY IN YOUR INDIVIDUAL CAPACITY and NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
MISCELLANEOUS: This license agreement represents the complete agreement concerning this license between the parties. Fingo reserves the right, at its discretion, to change, modify, add or remove portions of this license agreement by posting the updated license agreement on Fingo's website. You will be deemed to have accepted such changes by continuing to use the Fingo services. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT firstname.lastname@example.org.