Sublicense agreement with end-user
General information and definitions
1.1. This agreement determines the procedure for granting Licensee the right (simple, non-exclusive license) to use computer program Kovka 3D.
1.2. Licensee is any natural or legal person or organization or not a legal entity (resident or non-resident of the Republic of Belarus) that has accepted the terms of this Agreement.
1.3. Licensor is an individual entrepreneur Matyushin Igor Sergeevich, resident of the Republic of Belarus, UNP 290811881. Certificate of state registration was issued by Zhabinka district executive committee of Brest region on February 17, 2012. Website – http://kovka3d.by (http://en.kovka3d.by)
1.4. Legal owner – Limited Liability Company “PulsarInvest”, resident of the Republic of Belarus, UNP 290393682.
Website – http://kovka3d.com
1.5. Rights of Right-holder to the computer program Kovka 3D are registered by the National Intellectual Property Center of the Republic of Belarus in the cartulary of registered computer programs (certificate No. 398 of February 21, 2012).
Right of Right- holder to the computer program Kovka 3D is unlimited.
1.6. This Agreement is a Sublicense Agreement. Licensor guarantees that Right- holder has all the necessary rights to enter into this Agreement.
Subject of Agreement.
2.1. Licensor grants Licensee the right (simple, non-exclusive license) to use computer program Kovka 3D, designed to automate technological processes for production of forged products and metal structures (hereinafter referred to as Program).
2.2. Licensee may be granted rights to use the following products:
1) Kovka 3D Pro,
2) Kovka 3D Standart,
3) Kovka 3D mini,
4) Kovka 3D Diller,
5) Kovka 3D web.
2.3. Licensee undertakes to pay Licensor the remuneration stipulated by this Agreement.
2.4. Characteristics and functionality of the program and its products are described on Right-holder website.
2.5. Licensor retains the right to use Program and the right to issue licenses for its use to others.
Procedure for Program usage.
3.1. Licensor grants Licensee the right (simple, non-exclusive license) to use Program solely for its own activities and (or) production. At the same time, Licensee has the right to:
1) reproduce Program, that is, record, install Program on Licensee’s devices, including permanent or temporary storage in digital form on electronic media;
2) copy Program solely for the purpose of creating archival and backup copies.
3.2. Licensee is allowed to use Program only in the territory of Licensee activity and / or registration.
3.3. Licensee has no right to:
1) delete, modify or make inconspicuous any marks or indications of Right-holder copyright to Program;
2) in any way, provide Program to third parties for use or distribution;
3) take any attempts to independently obtain source texts (source code) of Program or algorithms of its operation, including disassembling and decompiling;
4) carry out Program processing, create own software products on its basis;
5) grant the right to use Program to another person under a sub-license agreement.
3.4. Licensee does not own any other rights to use Program, other rights to Program, except for those rights that are expressly described in this Agreement.
Amount, terms and procedure for license fee payment.
4.1. License fee amount is indicated on Licensor and the Right-holder websites.
4.2. Payment methods are listed on Licensor website at http://kovka3d.by/sposoby-oplaty/.
4.3. License fee is paid in full lump sum, before transfer of Program to Licensee.
4.4. Payment is considered to be committed since the moment of funds receipt to Licensor’s bank account.
4.5. Making payment, Licensee confirms familiarization with the current demo version of Program posted on Right-holder website.
4.6. The amount of license fee includes taxes and fees paid by Licensor in the territory of the Republic of Belarus.
Procedure for granting the right to use Program.
5.1. The right to use Program is provided by Licensor to Licensee within 10 (ten) calendar days from the date of receipt of the entire amount of license fee to Licensor’s bank account.
6.1. Licensor guarantees absence technical and legal limitations for concluding this Agreement.
6.2. Licensor guarantees that the quality of electronic copies of Program delivered to Licensee conform to the characteristics and functionality presented in current demo version of Program, which is available on Right-holder website.
Responsibility and its limitations.
7.1. In case of violation by Licensee of the obligations provided for in clauses 3.2 – 3.3 of this Agreement, Licensor may recover from Licensee a fine of 100% of the amount of license fee under this Agreement for each violation case and deprive Licensee of the right (possibility) to use Program.
7.2. Licensor is not responsible:
1) for any Licensee actions related to apply granted rights to use Program;
2) for losses (actual damage and loss of profits) caused by the usage of or associated with the use of Program;
3) for damage of any kind incurred by Licensee due to loss (or) disclosure of its data necessary for Program access.
Settlement of disputes.
8.1. All disputes under this Agreement are resolved through negotiations and in a claim procedure.
8.2. If consent is not reached, disputes are resolved in court. Applicable law is the law of the Republic of Belarus. Court considering the dispute is authorized court of the Republic of Belarus.
9.1. The parties are exempted from liability for non-fulfillment or improper performance of obligations under this Agreement in the event of force majeure, that is, extraordinary circumstances that are unavoidable under the circumstances, which include: prohibitive actions of authorities, wars, civil unrest, epidemics, blockades, embargoes, economic sanctions, fires, earthquakes, floods or other natural disasters.
9.2. In the event of force majeure circumstances, the party for whom the impossibility of fulfilling its obligations has arisen is obliged to notify the other party within 10 days.
9.3. In event of force majeure circumstances, the term of performance of obligations under this Agreement shall be postponed in proportion to the time during which such circumstances act.
9.4. If the circumstances of force majeure continue to last more than 90 days, then each party has the right to terminate this Agreement unilaterally.
10.1. This Agreement is an Agreement of accession under the legislation of the Republic of Belarus.
10.2. Licensor accepts the terms of this Agreement by acceding to proposed agreement as a whole.
10.3. This Agreement comes into force from the moment of receipt of the entire amount of License fee to Licensor bank account.
10.4. This agreement is concluded for an indefinite period.
10.5. Licensor has the right to unilaterally change the terms of this Agreement. The terms of this Agreement are considered to be changed from the moment of presenting new terms on Licensor website.