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almaGRID end user license agreement (EULA)
1.1. almaGRID is a software for creation and analyzing network mathematical models, searching and analyzing chains of relations and performing scenario modeling (the "Software").
1.2. This license agreement (the "Agreement") governs the granting of a non-exclusive right to use the Software, limited by the right of installation and running the Software, to the end user (the "Right to use") by the copyright holder - Nikita Vladimirovich Dolgushev (the "Licensor").
1.3. Below, you are asked to accept this agreement and continue to install or, if you do not wish to accept this agreement, to decline this agreement, in which case you will not be able to install or use the product. By installing this product, you accept all the terms and conditions of this agreement.
1.4. You - an individual or legal entity (the "Licensee") are an end user of the Software, regardless of whether you have obtained access to the Software directly from the Licensor or from other persons and sources, including on the website www.almagrid.com (the "Licensor site").
1.5. Your use of the Software indicates your acceptance of all the terms of this Agreement.
1.6. This Agreement is valid between Licensee and Licensor with respect to the software; supporting documentation and related materials or files provided in written or electronic form, as well as displayed or contained in the Software (hereinafter - the "Documentation").
1.7. This Agreement is a legal document similar to the legal force of any written agreement signed by you
1.8. The rights to the Program and the "almaGRID" trademark are protected by applicable law. In case of violation of the Agreement, you can be held liable, as well as any legal entity on whose behalf the Program is used.
1.9. If you do not agree with all the terms of this Agreement, do not use the Program.
2. Grant of license
2.1. The Licensor grants you a non-exclusive limited Right to use the Program within the functionality described in the Documentation on a specified number of computers, or any other devices on which the Program can be used (the "User Devices"), provided that you comply with all technical requirements, described in the Documentation, as well as all restrictions and conditions of use of the Program specified in this Agreement.
2.2. You can purchase any of the following types of Rights to use the Program:
2.3. Evaluation license. You can use the trial version of the Program once during the trial period of 15 days.
2.4. Free license. You can use the free version of the Program with limited functionality indefinitely.
2.5. Corporate license. You can use the corporate version of the Software under the terms of the respective agreement granting rights to use the Program.
2.6. Special license. You can use the corporate version of the Program with preinstalled components to perform your activity in focused area, on the terms of the corresponding agreement for granting rights to use the Program.
2.7. Academic license. You can use the corporate version of the Program only for educational purposes and non-commercial research in organizations whose main activity is related to educational activities or scientific research.
3. Disclaimers; no warranties.
3.1. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, the product and support services are provided “as-is” without any warranty whatsoever and the licensor makes no promises, representations or warranties, whether expressed or implied, whether by statute, common law, custom, usage or otherwise, regarding or relating to the product or content therein or to any other material furnished or provided to you pursuant to this agreement or otherwise. You assume all risks and responsibilities for selection of the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.
3.2. The licensor makes no warranty that the product and support services will be error free or free from interruption or failure, or that it is compatible with any particular hardware or software.
3.3. To the maximum extent permitted by applicable law, licensor disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, non-infringement of third-party rights, integration, satisfactory quality or fitness for any particular purpose with respect to the product and the accompanying written materials or the use thereof. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. You hereby acknowledge that the product and support services may not be or become available due to any number of factors including without limitation periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the software, telecommunications infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, and actions and omissions of third parties. Therefore, the licensor expressly disclaims any express or implied warranty regarding system and/or software availability, accessibility, or performance. The licensor disclaims any and all liability for the loss of data during any communications and any liability arising from or related to any failure by the licensor to transmit accurate or complete information to you.
4. Limited liability; no liability for consequential damages.
4.1. You assume the entire cost of any damage resulting from your use of the product and the information contained in or compiled by the product, and the interaction (or failure to interact properly) with any other hardware or software whether provided by the licensor or a third party. To the maximum extent permitted by applicable law, in no event will the licensor or its suppliers or licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, hardware or software disruption impairment or failure, repair costs, cost of procuring support services, time value or other pecuniary loss) arising out of the use or inability to use the product, or the incompatibility of the product with any hardware, software or usage, even if such party has been advised of the possibility of such damages. In no event will licensor’s total liability to you for all damages in any one or more cause of action, whether in contract, tort or otherwise exceed the license fee paid by you to licensor. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5.1. The Program may contain components and data owned by third parties ("Third Party Components"). Any Components of third parties included in the Program are objects of intellectual property of third parties and are protected in accordance with applicable law.
5.2. It is prohibited to transfer, sell or otherwise provide the activation code and / or License Key or its copy to third parties.
5.3. You agree that when using the Program and any information obtained from the use of the Software, you fully comply with all requirements of international, federal, state, regional and local laws and regulations, which, among other things, include civil law, export regulations and copyright laws.
5.4. You may not perform or make it possible for third parties to carry out reverse engineering, disassembly, decompilation of the Program and its components; modify the Program; rent, lease, sublicense, assign, or transfer the rights granted to You under this Agreement, and any other rights associated with the Program to any third party; create conditions for the use of the Program by persons who do not have the right to use the Program.
5.5. You independently transfer your personal data to the Licensor during the installation, registration and activation of the Program and express your consent to the collection, processing, storage and use of your personal data, starting from the date of entry into force of the Agreement. If the Licensee is a legal entity, the Licensee guarantees that each employee of the Licensee's organization (including employees and contractors), whose personal data can be provided to the Licensor, gives their explicit consent, which you will provide to the Licensor upon request.
5.6. The text of the Agreement in Russian posted on the Site of the Licensor shall prevail over other electronic versions and translations of the Agreement.
5.7. If the Program is accompanied by an Agreement in paper form, then in case of discrepancies between the text of the Agreement and the text of the Agreement in paper form, the text of the Agreement in paper form prevails.
5.8. All disputes arising in connection with the execution and (or) interpretation hereof, are resolved by means of negotiations. At impossibility of settlement of the Parties arising disputes through negotiation, the dispute shall be settled in the Arbitration Court at the location of the Licensor with a mandatory procedure for complaints about the settlement of disputes and disagreements.
5.9. In everything else not provided for by this agreement, the parties are guided by the current legislation of the Russian Federation.
Introduction to the applied system analysis
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