End-User License Agreement (EULA) of Dyno Studio
This End-User License Agreement ("EULA") is a legal agreement between you and PRORUBIM LLC (the "PRORUBIM"), a corporation organized and existing under the laws of the Russian Federation, with its head office located at Moscow, Russia
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE YOU PURCHASE A LICENSE FOR THE SOFTWARE AND SUBSEQUENTLY DOWNLOAD AND USE THE SOFTWARE.
BY PURCHASING A LICENSE AND/OR DOWNLOADING AND USING THE SOFTWARE, YOU AGREE, WITHOUT RESERVATION, TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PLEASE DO NOT PURCHASE A LICENSE AND/OR DOWNLOAD AND USE THE SOFTWARE.
IF YOU ACCEPT THE TERMS AND CONDITIONS IN THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU WARRANT (‘GARANDEERT’) THAT YOU HAVE FULL LEGAL AUTHORITY TO ACCEPT THE TERMS AND CONDITIONS IN THIS EULA ON BEHALF OF SUCH COMPANY OR OTHER LEGAL ENTITY, AND TO LEGALLY BIND SUCH COMPANY OR OTHER LEGAL ENTITY.
YOU MAY NOT ACCEPT THIS EULA IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PORUBIM.
THE PRODUCT CONTAINS SOFTWARE, THE ACCESS AND USE OF WHICH IS LICENSED BY PRORUBIM TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
THIS EULA AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY PRORUBIM HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. THE TERMS ALSO APPLY TO ANY PRORUBIM UPDATES, SUPPLEMENTS, INTERNET-BASED SERVICES, AND SUPPORT SERVICES FOR THE SOFTWARE, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS ON DELIVERY. IF SO, THOSE TERMS APPLY.
LICENSE GRANT
PRORUBIM hereby grants you a personal, non-transferable, non-exclusive license to use the Dyno Studio software on your devices in accordance with the terms of this EULA agreement.
You are permitted to:
- Load the Dyno Studio software (for example a PC, laptop, mobile or tablet) under your control
- Make copy of the Software solely for backup or archival purposes
- Russian Federation copyright laws and international treaties protect the Software and Documentation. You must treat the Software and Documentation like any other copyrighted material – for example a book
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that PRORUBIM considers is a breach of this EULA agreement
SOFTWARE UPDATES
From time to time, PRORUBIM may provide updates, upgrades, patches, bug fixes, and other modifications to improve the Software and related services (“Patches”). You acknowledge that you may be required to install Patches to continue to access and use the Product and the Product Software.
You agree and consent to Patches being automatically installed without receiving any additional notice or providing any additional consent.
NO IMPLIED RIGHTS, INTELLECTUAL PROPERTY AND OWNERSHIP
All rights not expressly granted by PRORUBIM to you in this License Agreement are hereby reserved by PRORUBIM and its suppliers. There are no implied rights in this License Agreement.
PRORUBIM shall always retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of PRORUBIM.
PRORUBIM reserves the right to grant licenses to use the Software to third parties.
Definitions
The following definitions shall apply to this Agreement:
- “Software” means the computer program named Dyno Studio
- “Install” means placing the Software on a computer's hard disk or other secondary storage device
- “Activate” means turning the Demo version into the Full version of the same application with the License provided by PRORUBIM and stored on its web license server (content.prorubim.com)
- “License” means a record stored in PRORUBIM web database and provided to end user via online user account cabinet (https://content.prorubim.com/account), which enables to activate the Demo version or Full version by entering the user account requisites into the Software and to subsequently use the all Software features during the applicable license term
- “Full version” means the Software with activated license for the term specified on the webpage of the user account cabinet, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Software
- “Demo version” means the Software without activated license and switched- off one or more features to use for the sole purpose of testing and evaluating the Software
- "Use" means executing or loading the Software into computer RAM or other primary memory, and copying the Software for archival or emergency restart purposes
- "Territory" means Worldwide
License Fee
In consideration for the license granted by PRORUBIM under this Agreement, you shall pay PRORUBIM the license fee in the amount set forth on the pricing page (http://prorubim.com/en/tools/dyno_studio) in accordance with the terms set forth therein. License Fee is subject to change upon the first day of each Renewal Term. License Fee is non-refundable.
LIMITED WARRANTY
To the extent permitted by law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND PRORUBIM DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PURPOSE, regardless of whether PRORUBIM knows or had reason to know of your particular needs. No employee, agent, or distributor of PRORUBIM is authorized to modify this warranty, nor to make any additional warranties.
NO ASSIGNMENT
You may not assign or transfer your rights under this License Agreement. Any purported assignment or transfer in violation of this paragraph is void.
Disclaimer
You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty (‘garantie’) - express or implied- of any kind, and PRORUBIM specifically disclaims the warranty of fitness for a purpose. No oral or written advice given by PRORUBIM, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
USE OF DATA
PRORUBIM and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. PRORUBIM will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.
PRORUBIM may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent PRORUBIM will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that PRORUBIM has collected and received through its website.
Termination
This Agreement will have an initial term in accordance with license term.
PRORUBIM shall have the right to immediately terminate this License if You fail to perform any obligation required under this Agreement. This License Agreement takes effect upon Licensee’s use of the software and remains effective until terminated.
The Full version software mode and license will deactivate automatically at the end of the applicable license term.
PRORUBIM is entitled to terminate the Full version or Trial version by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your license fee for the License within the applicable payment term, or in the event PRORUBIM is required to do so by law or an order of an applicable court.
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Arbitration
You agree to submit any dispute under this License to binding arbitration in the following location Russian Federation, Moscow under the rules of the law of the Russian Federation. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
Attorney Fees
If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
Limited Liability
Nothing in this License Agreement (including anything specified in this "Limitation of Liability" provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.TO THE FULL EXTENT ALLOWED BY LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, PRORUBIM DISCLAIMS AND EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SOFTWARE OR PRODUCT, EVEN IF PRORUBIM OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT PRORUBIM’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE.
Notice
PRORUBIM may send notices to you via email or to a mailing address. Notices will be sent to the address that you registered with PRORUBIM.
Governing Law
This Agreement shall be governed by and construed under the laws of the Russian Federation.
Severability
If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
No Waiver
The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
All waivers by PRORUBIM will be effective only if in writing. Any waiver or failure by PRORUBIM to enforce any provision of this License Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
CAPTIONS
The captions and paragraph headings of this License Agreement are for convenience and are not to be used in interpreting this License Agreement.
ENTIRE AGREEMENT & AMENDMENT
This License Agreement sets forth the entire understanding and agreement between you and PRORUBIM, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties that identifies itself as an amendment to this License Agreement.