Before the start of any use of the program (including downloading, copying, installing, running, etc.), carefully read the terms of its use contained in this agreement. Any start of use of the program means the proper conclusion of this agreement and your full agreement with all of its terms. If you do not agree to unconditionally accept the terms of this agreement, you are not allowed to use the program and must remove it, as well as all its components and data from all your computers and other devices.
This End User License Agreement (EULA) is legally binding concluded between the «MONQ Digital Lab» LLC and you, the end user, and applies to the following Program:
The «MONQ» software platform for data collection, data mining, and process control together with all additional modules of the platform.
Activation – an action aimed at registering the Program for the Licensee or other legal purchaser of the License, carried out in the manner prescribed by the License of the corresponding type.
Agreement – a document based on which the Copyright Holder or another person has the relevant rights provided the Licensee or other legal purchaser of the License of the Program for its use under the terms of this Agreement.
License Key – a means of protecting exclusive rights, which is a combination of symbols created by the Copyright Holder, with the help of which the activation is performed, it is allowed to launch and use the Program for its functional purpose on the Equipment following the terms of the purchased License. The ability to use the Program for its functional purpose is inextricably linked with the availability of a legally obtained License Key by the end user.
End User (User) – any individual or a legal entity who purchased/received/uses the Program legally (including employees of the Licensee or other legal purchaser of the License).
Program Installation – the process of installing and configuring the Program on Hardware for the subsequent use of the Program under a simple (non-exclusive) license.
License – a set of rights that determine the qualitative, quantitative, temporary, and other characteristics and conditions for using the Program provided to the end user under the terms of a simple (non-exclusive) license. All versions of the Software are licensed legally by the end user.
Licensee - a party to the Agreement that is an individual, legal entity, or an individual entrepreneur who legally acquired the License for the Program.
Equipment – computer equipment (computers) that meets the system requirements defined in the technical documentation for the Programs, and allows the proper use of such Programs according to their functional purpose under the terms of a simple (non-exclusive) license.
The Copyright Holder – «MONQ Digital Lab» LLC, Taxpayer Identification Number (INN) 7730253840, Tax Registration Reason Code (KPP) 773001001, which has the exclusive rights to the Program.
Technical Support – activities carried out by the «MONQ Digital Lab» LLC within the limits and volumes established by it to ensure the functioning of the Program, including information and consulting support for Users on the use of the Program.
The Copyright Holder grants the User the right to use the Program under the terms of a simple (non-exclusive) license, subject to all restrictions and conditions of use of the Program following its technical documentation, functionality, and the terms of this Agreement, taking into account the type of the license acquired by the User.
All provisions of this Agreement apply both to the Program as a whole and its individual components.
This Agreement is concluded before or immediately at the start of using the Program and is valid throughout the entire period of its lawful use by the User within the term of the copyright to it, provided that the User properly observes the terms of this Agreement.
The right to use the Program includes the right to reproduce the Program (record in the computer memory), to install the Program by the Licensee or other legal purchaser of the License and launch it by the User following the documentation establishing the rules of use.
The period for which the right to use the Program is granted is established by the Agreement.
The territory in which the use of the Program is allowed is established by the Agreement.
The Program is the result of intellectual activity and is an object of copyright of the Copyright Holder.
The algorithms of the Program and its source codes (including their parts) are trade secrets of the Copyright Holder. Any use or use of the Program in violation of the terms of this Agreement is considered a violation of the rights of the Copyright Holder and is a sufficient reason to deprive the User of the rights granted under this Agreement.
The Copyright Holder guarantees that he has all the rights necessary under this Agreement to provide them to the User, including the documentation for the Program.
Responsibility for copyright infringement occurs under the current legislation of the Russian Federation.
This Agreement does not provide the User with any rights to use the Trademarks and Service Marks of the Copyright Holder or its partners.
The User cannot, under any circumstances, delete or change the appearance of information about copyrights, rights to trademarks, or patents specified in the Program.
To protect copyrights and restrict the use of the Program, the Copyright Holder uses various technical means of protection, including a license key.
# 4. Terms and Conditions of the Program and Restrictions
This Agreement, if applicable, grants the right to install, run and use one copy of the Program within its functionality.
The User who legally owns a copy of the Program has the right to adapt (customize) it, that is, change, add or delete files, change the unprotected code of an instance of the Program solely for the purpose of its functioning on specific technical means or under the control of specific programs of the User, including in order to solve the applied problems of the User, provided that such actions are not modification, that is, actions resulting in the creation of derivative works. Modification of the Program is not allowed.
The User cannot copy, distribute the Program and its components, as well as other objects created on the basis of the Program, in any form, including in the form of source code, in any way, including renting. The User is not allowed to use the Program in any way if such use is contrary to or leads to a violation of the Agreement or Applicable Laws.
The user undertakes not to independently carry out and not allow other individuals or legal entities to carry out the following activities: disassemble or decompile (convert the object code into the source code) the Program, except when the possibility of such activities is directly provided for by the current legislation of the Russian Federation; to carry out reverse-engineering of the Program (Study Program, as well as documentation on the program to understand how it works) with the objective of the Program modifications or creation of programs with similar functions.
The Copyright Holder provides Technical support to the User unless otherwise provided by the Agreement, exclusively on the following issues:
obtaining distributions of the Program;
receiving information from the technicians on how to install and upgrade programs in the amount of the standard functionality;
correction of errors recognized by the Copyright Holder in the Program;
receive updates with bug fixes, if these updates are released by Copyright Holder.
User may contact Technical Support of the Copyright Holder within the issues specified in clause 5.1 of this Agreement, unless otherwise provided in the Agreement, without additional payment.
To provide Technical Support, the Copyright Holder has the right to require the User to provide information regarding the license key number and the technical characteristics of the User's equipment.
Technical support, unless otherwise provided by Contract, does not involve the provision of advice on the Program's Work.
Holder does not undertake any obligation to provide technical support to the Program in any manner other than specified in Section 5 of this Agreement unless otherwise provided for by the Contract.
The procedure and terms of Technical Support, including the procedure and frequency of the release of Program updates, are determined by the Copyright Holder at his discretion unilaterally. The Copyright Holder has the right, at any time at his discretion, without notifying the Licensee and without reimbursing the Licensee for any losses and costs, to stop releasing updates for the Program or its individual versions or modules. At the same time, the Licensee retains the right to use the Program, the license for which was granted to him, in the manner and on the terms provided for in this Agreement.
In the case of issuance of software updates or new modules Program by the Copyright Holder, Holder assumes no obligation to ensure the compatibility of previous versions of the Software or program modules, licenses for which are provided to Licensee with the new version or new modules of the Program.
Requests for technical support received at a single e-mail address for warranty service of the Copyright Holder: firstname.lastname@example.org.
For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable under the current legislation of the Russian Federation.
The Copyright Holder is not liable to the User for any damage, any loss of income, profit, information, or savings associated with the use or inability to use the Program, including in the event of prior notification from the User of the possibility of such damage, or any claim by a third party.
The User is responsible, as provided by the legislation of the Russian Federation, for the implementation of actions aligned at eliminating technical means of protection, as well as for the dissemination of methods for eliminating such means of protection, including but not limited to the following:
keeping in a secret key of the licensed Program from the date of issue;
definition of the circle of persons to whom this secret key can be known;
if the User has suspicions of unauthorized access to the Activation Code, he undertakes to immediately report information about this to the address email@example.com to block it. Up to the specified message, all actions with it (including activation) are recognized as committed with the consent of the User, on his behalf, and in his interests.
The Program is provided on an “as is” basis and the Copyright Holder does not guarantee that all of its functionality will meet the expectations of the User or can be applied for his specific purpose.
The Copyright Holder does not initiate or control the placement of any information by the User in the process of using the Program, does not affect its content and integrity, and at the time of its placement does not know and cannot know whether it violates the legally protected rights and interests of third parties, international treaties and the current legislation of the Russian Federation.
If errors are found while using the Program, the Copyright Holder will take measures to correct them as soon as possible. The parties agree that the exact definition of the period for eliminating the error cannot be established, since the Program closely interacts with other computer programs of third-party developers, the operating system and hardware resources of the User's computer, and the operability and time of troubleshooting do not fully depend only on the Copyright Holder.
The Rightholder does not guarantee the uninterrupted operation of the Program and the correct installation of additional components, as well as new versions (updates).
The Copyright Holder is not responsible for the safety of the data entered by the User into the Program.
The User is hereby notified and agrees that the Copyright Holder may collect, store, process and use diagnostic, technical, related information and information about the use of the Program, including, but not limited to, unique identifiers of the system or hardware, information about the computer and hardware, system software and applications, additional devices, about the use of various modules and functionalities of the Program, problems in the operation of the Program, which is periodically collected in order to provide and improve the Program, facilitate the delivery of updates to the Program, technical support, and services related to the Program (if such are provided). The Copyright Holder can use this information, which does not identify the User, for the purposes described above.
To improve the software products, equipment, and services of partners, the Copyright Holder may also provide such partners or third-party developers with a set of diagnostic information related to the Program, equipment, or services of this partner or third-party developer in the form that does not identify the User.
The User is hereby notified and agrees that the Copyright Holder, in order to provide support to Users and to organize a system for helping the Site visitors, as well as informing about the features of the Program, can collect, store, use, and process information about the use of the Site, including information about the speed and time of loading/generation/response of the Site.
The User has the right to revoke consent to the use of information provided in Section 8 of this Agreement. To do this, the User must send a request to a single e-mail address for the warranty service of the Copyright Holder: firstname.lastname@example.org.
# 9. Validity, Modification, and Termination of the Agreement
On all issues not regulated by this Agreement, the Parties are guided by the norms of the current legislation of the Russian Federation.
The Copyright Holder has the right, in case of violation by the User of the terms of this Agreement on the use of the Program, to unilaterally terminate this Agreement by notifying the User about it.
Upon termination of this Agreement by any party and for any reason, the User is obliged to stop using the Program completely and destroy all copies of the Program installed on the computers of the User, including backup copies of files and other components of the Program.
If a competent court declares any provisions of this Agreement to be invalid, the Agreement continues to operate in the remainder of the Agreement.
The Copyright Holder reserves the right to unilaterally update and change this Agreement from time to time by publishing it on the Site or embedding it into the Program.