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Terms Of Service And Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE K-MINE SOFTWARE. BY USING THE K-MINE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO THE TERMS OF IT, DO NOT INSTALL AND/OR USE THE K-MINE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. BY ACCESSING OR USING THE K-MINE SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. General
  1. K-MINE is the one and only official representative of K-MINE GIS, software registered in the State Intellectual Property Service of Ukraine (certificate No. 69938 dated January 20, 2017).
  2. K-MINE PTE Ltd is a Singapore company (ID 201836348G), located at 160 Robinson Road, #14-04 Singapore Business Federation Centre, 068914 Singapore.
  3. The K-MINE software and any data accompanying this License in any other form are licensed, not sold, to you
    by K-MINE Inc. K-MINE retains ownership of the K-MINE Software itself and reserves all rights not expressly granted to you.
  4. This Agreement shall be interpreted by the laws of Singapore (hereinafter referred to as the "applicable law"). If any condition of this Agreement is invalidated, the other conditions remain in full force.
2. Definitions
  1. The Software is an instance (or instances) of K-MINE Software Product.
  2. The contract is a written agreement between the Software Product owners (hereinafter referred to as the "Licensor") and the end user (hereinafter referred to as the "Licensee") about using the Software with module names, the period and the territory of use, and other conditions.
  3. The License entitles the Licensee to use the Software on the Licensee's territory.
  4. The Standalone License means a license to use the Software with a hardware security key on one Licensee’s computer at a time without limitation. Purchase conditions of the Standalone License are regulated by the Contract.
  5. The Network License means a license for using the Software with a hardware security key on several Licensee's computers at a time without limitation. Purchase conditions of the Network License are regulated by the Contract.
  6. The Internet License means a limited license for using the Software and accessing it via the Internet.
  7. The software technical support means that the Licensor has the right to provide online help, service packs, new releases of the Software to the Licensee in return for an annual fee as well as possible upgraded Software versions.
3. Permitted License Uses and Restrictions
IMPORTANT NOTE! THIS LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE "AGREEMENT") CONFIRMS THAT THE LICENSOR GRANTS THE LICENSED SOFTWARE TO THE LICENSEE. IF THE LICENSEE USES THE SOFTWARE (INCLUDING ITS INSTALLATION), THE LICENSEE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, UNDERSTANDS ITS CONTENT, AND ACCEPTS THE CONDITIONS OF THIS AGREEMENT.
  1. The Licensor has the right to alter the conditions of this Agreement, however, the Licensee shall comply with the updated terms in the case of the license renewal.
  2. Any Licensor's rights set out in this Agreement do not prejudice Licensee's rights.
  3. This Agreement between the Licensor and the Licensee remains in force for the Internet License.
  4. This Agreement has the force of the Licensor's explanation of the Contract to the Licensee. In any case, the terms of this Agreement are supplementary to the Contract terms unless otherwise expressly noted.
3.1. Scope Of Licensee's Rights
  1. This Agreement grants to the Licensee the non-exclusive right to use the Software instance(s), not the Software itself, starting from the date of purchase.
  2. This Agreement grants to the Licensee the right to create archive or backup copies with limited numbers according to the relevant copyright law regulations provided that the Licensor has the rights for these copies.
3.2. Licensee's Obligations
  1. The Licensee shall not transfer Licenses except merging, acquiring, selling of the Licensee's company. For all other transfers, written consent of the Licensor is required.
  2. The Licensee shall not create and distribute the Software documentation and content discrediting honor, dignity and reputation of the Licensor and the Software.
  3. The Licensee shall not decompile and use the Software, ideas, technologies and/or any other components for creating or recreating other software or its components except and only to the extent that such as components except and only to the extent that such activity is expressly permitted by the applicable law.
  4. The Licensee shall notify the Licensor immediately on becoming aware of any unauthorized usage or copying of the whole or any part of the Software or the documentation.
4. Intellectual Property Rights
  1. The Software intellectual property rights are protected by the international law in the field of intellectual property, including the copyrights.
  2. The property rights for the Software and other related documents are granted to the Licensor or Licensor's authorized representatives according to the appropriate agreements. The Licensor acknowledges no transfer of ownership for the Software, its new releases, or any modifications, as well as the documentation to the Licensee. Specifically, the Licensee has no rights for the Software except cases provided by this Agreement.
  3. All property rights for other Software that can be interacted (including DBMS and others) belong to their owners under the terms provided by the corresponding license agreements.
5. Disclaimer of Warranties
  1. The Licensor warrants to the Licensee that the Licensor has the right and the authority to grant the License.
  2. THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION ARE DISTRIBUTED AS IS AND MAY NOT MEET THE LICENSEE'S REQUIREMENTS.
  3. THE LICENSOR OFFERS NO WARRANTY AND BEARS NO RESPONSIBILITY FOR USE AND NON-USE OF THE SOFTWARE, FOR POSSIBLE EVIDENT AND NON-EVIDENT LOSSES, FOR PROFIT AND BENEFIT LOSS AND/OR ANY OTHER LOSSES.
  4. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE FUNCTIONALITY WILL MEET THE LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE ON LICENSOR'S EQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE.
  5. THE LICENSOR OFFERS NO WARRANTY REGARDING THE SOFTWARE PRODUCTIVITY AND LICENSEE'S ABILITY TO USE THE SOFTWARE.
  6. The Licensee shall solely bear risks and responsibility of using the Software.
  7. The Licensee is obliged not to claim and/or commence lawsuits arising under or in connection with Licensee's use of the Software.
  8. Resulting from purchase of the License, the Licensee shall be solely responsible for payment of any taxes existing within the Licensee's territory.
  9. The Licensor will not be held responsible for problems caused by computer performance changes or replacement of operating systems that can occur after acquiring the Software.
6. Software Technical Support
  1. The Licensor offers annual technical support in return for an annual fee paid by the Licensee.
  2. The Licensor reserves the right to take fees for new software modules not included into the program of annual software technical support.
  3. Where appropriate, the Licensee provides access to the Software or equipment for technical support, if it is reasonably required for the Licensor.
  4. In the case of conflict between this Agreement and any other terms or information on Licensor’s website, this Agreement shall prevail.
  5. If the Licensee acquires the Internet License, the Licensee is automatically provided with software technical support.
7. Termination
THE LICENSOR MAY TERMINATE THIS AGREEMENT IMMEDIATELY BY WRITTEN NOTIFICATION, IF THE LICENSEE IS IN BREACH OF ANY TERM OF THIS AGREEMENT.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL K-MINE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE K-MINE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE K-MINE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF K-MINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Third-party Components and Acknowledgements
The Software may include the third-party components, including but not limited to:
  1. The PostgreSQL database management system (Portions Copyright © 1996-2020, The PostgreSQL Global Development Group; Portions Copyright © 1994, The Regents of the University of California), licensed under the Open Source License similar to the BSD or MIT licenses.
    1. The License Agreement grants the permission to use, copy, modify, and distribute this Software and its documentation for any purpose without fee and without a written agreement provided that the above copyright notice and this paragraph and the following two paragraphs are present in all copies.
    2. Under no circumstances, the developer of this Software shall be liable for direct, indirect, special, incidental, or consequential damages including lost profits, arising out of this Software use and its documentation, even if the developer has advised of the possibility of such damage.
    3. The developer disclaims any warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
    4. THIS SOFTWARE IS PROVIDED AS IS, AND THE DEVELOPER HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
  2. FastReport Software , ©1998-2020 FastReports, Inc. License Agreement
  3. DotConnect for PostgreSQL, ©1997-2020 Devart. License Agreement https://www.devart.com/dotconnect/postgresql/faq.html#q60
  4. Infragistics Winforms - a set of user interface controls for Windows Forms, ©2020 INFRAGISTICS. License Agreement .
  5. AccessDataBaseEngine, ©2020 Microsoft.
  6. DirectXTex texture processing library, MIT License, © 2011-2020 Microsoft Corp.
    1. The permission is hereby granted free of charge to any person obtaining a copy of this Software and associated documentation files (the "Software"), to work with the Software without restriction, including the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: the above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
    2. THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
    3. IN NO EVENT AND UNDER NO CIRCUMSTANCES, THE AUTHORS OR COPYRIGHT HOLDERS SHALL BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF THE CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE.
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