THIS IS AN AGREEMENT BETWEEN YOU AND NOVIY SVET LLC (WITH ITS AFFILIATES, "NOVIY SVET" OR "WE") THAT GOVERNS YOUR USE OF THE HOME INTELLIGENCE SYSTEM FOR YOUR DEVICE (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, AND ACCOMPANYING DOCUMENTATION, THE "APPLICATION") THAT WE MAKE AVAILABLE TO YOU ON YOUR MOBILE, DESKTOP, OR OTHER SUPPORTED DEVICE (EACH, A "DEVICE"). IF YOU INSTALL OR USE THE APPLICATION, YOU WILL BE BOUND BY THIS AGREEMENT.
1. Use of the Application.
We hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable license to install and use the Application on your Device.
2. Limitations.
You may not, and you will not encourage, assist or authorize any other person to, (a) incorporate any portion of the Application into your own programs or compile any portion of it in combination with your own programs; (b) sell, rent, lease, lend, loan, distribute, act as a service bureau, publicly communicate, transform, or sub-license the Application or otherwise assign any rights to the Application in whole or in part; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Application, or (d) reverse engineer, disassemble, or decompile the Application or apply any other process or procedure to derive the source code of any software included in the Application. All rights granted to you are conditioned on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply.
3. Reservation of Rights.
You may not use the Application for any illegal purpose. The Application is the intellectual property of Noviy Svet LLC or its affiliates, and its licensors. The structure, organization, and code of the Application are valuable trade secrets and confidential information of Noviy Svet LLC or its affiliates. The Application is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Application are reserved and retained by us and our licensors.
4. Updates.
In order to keep the Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
5. Termination.
You may terminate this Agreement at any time by uninstalling or destroying all copies of the Application that are in your possession or control. In the case of termination, you must cease all use and destroy all copies of the Application. We may also terminate your right to use the Application at any time and if we do so, we may modify the Application to make it inoperable. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.
6. Disclaimer of Warranties and Limitation of Liability.
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS DELIVERED TO YOU "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NOVIY SVET LLC, ITS LICENSORS AND DISTRIBUTORS, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE "RELEASED PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
b. TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification.
You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of your use of the Application, violation of this Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
8. Amendment.
We may amend this Agreement at our sole discretion by posting the revised terms on the Liza website (located at: http://liza.feneri.ru) or within the Application. Your continued use of the Application after any amendment's effective date evidences your agreement to be bound by it.
9. Conflicts.
The terms of this Agreement govern the Application and any updates or upgrades to the Application that we may provide that replace or supplement the original Application, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern.
10. Contact Information.
For communications concerning this Agreement, please write to Noviy Svet LLC, Attn: Legal Department, 19 Krasniy per, Taganrog, Russia 347900.