to enter into a license agreement on the assignment of sublicense to use “Datacol Easy Action” Software
This standard form contract (hereinafter the Offer) is an official proposal of “Internet-Automation” LLC, hereinafter referred to as “Licensor”, on the assignment of non-exclusive rights for the “Datacol Easy Action” computer program (hereinafter “Datacol Easy Action” Software) to a legal or competent natural person on the following conditions.
In accordance with the legislation of Ukraine the document is a public Offer and, in case of acceptance of the conditions set out below and payment of remuneration to “Internet-Automation”, the person who accepts this Offer becomes the Licensee, which is equivalent to the conclusion of the agreement on the terms set out in the Offer.
Acceptance is recognized full and unconditional if the Licensee accepts all the terms of this Offer. The acceptance of the Offer is successfully carried out activities of the Licensee concerning payment for the non-exclusive rights for “Datacol Easy Action” Software being purchased.
1.1. As part of this Offer the Licensor licenses the Licensee with a non-exclusive right to use “Datacol Easy Action”Software according to the conditions, on the territory and for the period agreed in this Offer, and the Licensee pays a fee to the Licensor for the provision of non-exclusive rights for “Datacol Easy Action” Software.
1.2. The Licensor guarantees that “Datacol Easy Action” Software is the intellectual property of the Licensor,is free and clear of all liens and encumbrances, is not involved in dispute and is not under arrest, is not a pledged property and does not require statutory public registration.
1.3. Integral parts of the Offer are as follows:
1.3.1. Appendix 1 – End User License Agreement on “Datacol Easy Action” Software;
1.4. The parties agreed that the use of “Datacol Easy Action” Software techniques regulated by this Offer and its Appendices, may be carried out on the territory of Ukraine, Russia, CIS and other countries, if it is compatible with the Offer, laws and international agreements.
1.5. Ways to use “Datacol Easy Action” Software:
1.5.1. The Licensor licenses the Licensee with a non-exclusive right to use one license for “Datacol Easy Action” Software on one computer in his/her own interests.
1.5.2. The Licensor does not allow the Licensee to assign the right for “Datacol Easy Action” Software to third parties.
1.5.3. Non-exclusive rights for “Datacol Easy Action” Software under this Offer are considered to be assigned from the moment of acceptance of the Offer on the website of the Licensor, the payment for the period of “Datacol Easy Action” Software use.
2.1. All the non-exclusive rights to use “Datacol Easy Action” Software, which are provided as part of this Offer by the Licensor to the Licensee, are assigned for the entire period of “Datacol Easy Action” Software use from the date of this Offer conclusion and the payment for the rights.
3.1. Payment under this Offer is carried out in accordance with the terms of this Offer and its Appendices, which are its integral part.
3.2. Payment under this Offer is carried out by the transfer of funds by the Licensee to the Licensor’s account using 2Checkout system.
3.3. The amount of remuneration for the assignment of non-exclusive rights to use “Datacol Easy Action” Software under this Offer is determined by the Licensor and is put on the pages of website websiteextractor.net.
3.4. The amount of Remuneration may be changed by the Licensor.
3.5. The Licensor reserves the right to hold out additional events and make discounts on the purchase of non-exclusive rights to use “Datacol Easy Action” Software.
3.6. The moment of payment of the assignment of non-exclusive rights for “Datacol Easy Action” Software is the moment the funds are credited to the account of the Licensor in 2Checkout system.
3.7. The parties agreed that the refund is not carried out under any circumstances.
4.1. The Licensor is obliged to:
4.1.1. Provide the Licensee with a usable “Datacol Easy Action” Software, ready to be used for the benefit of the Licensee.
4.1.2. Provide technical support in accordance with Section 5 of this Offer.
4.1.3. During the term of validity of this Offer not to take any action that could hinder the implementation of the rights to use “Datacol Easy Action” Software assigned to him/her by the Licensee, according to the ways specified in this Offer.
4.2. The Licensee is obliged to:
4.2.1. Take up from the Licensor non-exclusive rights to use “Datacol Easy Action” Software, which are assigned by the Licensor under the terms of this Offer;
4.2.2. Pay the compensation to the Licensor in the amount, term and manner stipulated in this Offer and its Appendices, which are its integral part.
4.2.3. Not to interfere with the internal system of “Datacol Easy Action” Software (the program code).
4.2.4. Strictly abide by the terms of this Offer.
4.2.5. Notify the Licensor on all the cases of possible illegal use “Datacol Easy Action” Software by third parties, which he is aware of.
4.3. The Licensor has the right to:
4.3.1. Make the necessary settings, modifications, additions, revision of “Datacol Easy Action” Software, at the request of the Licensee for an additional fee, the amount of which is agreed further by the Parties on the basis of specific technical tasks of the Licensee.
4.3.2. Amend this Offer either with or without the Licensee’s notice, by posting a new Offer on this page of the website: websiteextractor.net/public-offer . The Licensee accepts the fact that he/she is obliged to regularly check the relevance of the version of this Offer. Further use of “Datacol Easy Action” Software, upon making changes and posting it on this page of the website: websiteextractor.net/public-offer, means unconditional agreement of the Licensee to the new version of the Offer.
4.4. The Licensee has the right to:
4.4.1. Use “Datacol Easy Action” Software in his/her own businesses only under conditions agreed in Sec. 1 of this Offer.
5.1. The Licensor supports the functioning of “Datacol Easy Action” Software and provides consulting support to the Licensee under this Offer.
5.2. Information support of “Datacol Easy Action” Software use is carried out on the official website of “Datacol Easy Action” Software (websiteextractor.net), by the Licensor’s technical support team from Monday to Friday from 9:00 to 17:00 (UTC+03:00).
5.3. The Licensee may deny the provision of technical support, if the Licensor’s request contains non-normative expressions, rudeness, and threats.
5.4. The Licensor agrees to provide the planned system upgrades of “Datacol Easy Action” Software free of charge.
5.5. Any adjustments that change the functionality of “Datacol Easy Action” Software and are not planned system modifications are carried out exclusively by the Licensor for a fee.
6.1. This Offer may be terminated by agreement of the Parties, as well as unilaterally at the request of one of the parties on the grounds provided by the legislation of Ukraine.
6.2. The Parties agreed that the reason for the early termination of the Offer, on the basis of a unilateral refusal of the Licensor to make a deal, is any violation of the conditions of the Offer or its Appendices by the Licensee.
6.3. Complaint procedure of the pre-trial settlement of disputes is obligatory to the Parties.
6.4. Claim letters are sent to the Support Service of the Licensor.
6.5. Time for consideration of a claim letter is 15 calendar days from the date of receipt of the latter.
6.6. If it is impossible to resolve disagreements on a voluntary basis, any of the Parties may apply to the court in accordance with the current legislation of Ukraine. The Parties agreed that all disputes will be dealt with in court at the location of the Licensor.
7.1. The Parties are not responsible for complete or partial failure to fulfill the obligations under the Offer in the event that the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, acts of public authorities or other circumstances that don’t depend on the Parties and are proved by the certificate Chamber of Commerce and Industry of Ukraine.
7.2. The Party that cannot fulfill the obligations under this Offer shall promptly, but no later than in 5 (five) calendar days after the occurrence of force majeure, in writing notify the other Party, providing supporting documents issued by the competent authorities.
7.3. The Parties recognize that the non-creditworthiness of the Parties is not a force majeure.
8.1. If for whatever reason, one or more of the provisions of the Offer are invalid or legally enforceable, it does not affect the validity or enforceability of the remaining provisions.
8.2. The Licensee understands and agrees that acceptance of this Offer is his/her complete acceptance of all terms and conditions of the Offer, including the Appendix, without exception.
8.3. The text of this Offer is at the following url websiteextractor.net/public-offer.
Appendix 1 – End User License Agreement on “Datacol Easy Action” Softwareis at the following url websiteextractor.net/user-agreement.
Privacy Statement “Datacol Easy Action” Softwareat the following url websiteextractor.net/privacy-policy.
8.4. This Offer is made in English and addressed to the general public.
8.5. In all other respects that are not stated in this Offer the Parties shall be governed by the laws of Ukraine.
“Internet Automation” LLC
Actual Address: 71700, Ukraine
Zaporizhzhya region, Tokmak, Gogolya St., 103/2