This is an English translation provided for convenience. In case of any discrepancy, the Ukrainian version prevails: original Ukrainian version.
Offer Agreement — Licence Agreement
Last updated: 24 March 2021
1. Preamble
1.1 Individual entrepreneur Vitali Brodetski, (hereinafter referred to as the Licensor) hereby publishes this Offer Agreement — Licence Agreement.
1.2 In accordance with Articles 633, 641 of the Civil Code of Ukraine, this Offer Agreement — Licence Agreement, posted on the Internet at https://appointer.ua/licence-agreement, constitutes a public offer, and in the event that a person performs actions evidencing its acceptance, it is binding on the Licensor and on the person who will subsequently use the Licensor's services (hereinafter referred to as the Licensee). The application submitted by the Licensee to obtain access to the Licensor's service constitutes full and unconditional acceptance of this offer and is deemed to be the conclusion of an agreement on the terms set out in this offer.
1.3 In this offer, the terms set out below are used with the following meanings:
1.3.1 Software — programs for electronic computing machines, presented in an objective form as a set of data and commands intended for the operation of such machines and other devices for the purpose of obtaining a certain result, including the audiovisual displays generated by them, as well as their updates. The Software is an indivisible product, the component parts of which cannot be separated for individual use. The Software is licensed as an object of copyright. The proprietary copyright belongs to the Licensor.
1.3.2 Licensor — Individual entrepreneur Vitali Brodetski, the rights holder of the Software, who grants non-exclusive licences for the use of the Software.
1.3.3 Licensee — a person who, in accordance with the terms of the concluded Licence Agreement, has obtained the rights to use the Software.
1.3.4 Licence Agreement — an agreement between the Licensee and the Licensor on the granting to the Licensee of a non-exclusive licence for the right to use the Software.
1.3.5 Licence terms — the terms of use of the Software.
2. Subject of the agreement
2.1. Under this Agreement, the Licensor undertakes to grant, and the Licensee to accept and pay for (after the free trial period), a non-exclusive licence for the right to use the Software.
2.2 The Licensor grants the Licensee a licence to use the Software throughout the territory of all countries of the world, within the limits, by the methods and on the terms, for the period determined by the Parties in the relevant Tariff Plan https://appointer.ua (Pricing)
3. Intellectual property rights
3.1 The rights to the Software granted to the Licensee constitute a non-exclusive licence. No provision of this agreement or of any other document grants the Licensee any ownership rights to the Software, in whole or in part.
3.2 The Software, all copies thereof, as well as all Intellectual property rights to the Software and its copies belong to the Licensor. The Software is protected by copyright and other intellectual property rights, laws and agreements.
3.3 The Licensee confirms that the Software is an object of copyright, and also that the Licensee shall not at any time (whether before or after the termination of this Licence) perform or permit any actions that infringe copyright.
3.4 The Licensor retains all rights to the Software that are not expressly granted to the Licensee under this Agreement.
4. Cost and settlement procedure
4.1 Established by the tariff terms at the link https://appointer.ua (Pricing)
5. Procedure for the acceptance and transfer of the right to use the Software
5.1 The granting of licences for the use of the Software to the Licensee is carried out on the first day of the validity of the licence for the use of the Software (activation date), by the Licensor transferring, in the form of a registration user name and password (registration information) for access to the Software, to the Licensee's email address
6. Liability of the parties
6.1 Liability for breach of the terms of this Agreement arises as provided for by the legislation of Ukraine.
6.2 The Licensor shall not be liable to the Licensee for any damages, any loss of profit, information or savings associated with the use of the Licensor's Software, even in the case of prior notice from the Licensee of the possibility of such damage, or for any claim by a third party.
7. Term of validity and procedure for termination of the agreement
7.1 This Agreement is concluded and interpreted in accordance with the legislation of Ukraine.
7.2 The Agreement enters into force from the moment its terms are accepted by the Licensee and remains in effect until the end of the paid period of validity determined by the Tariff Plan. In the event of non-payment of the next payment or expiry of the terms of the Tariff Plan, this Agreement terminates for such Licensee.
7.3 In the event that the Licensee breaches the terms of this Agreement regarding the use of the Software, the Licensor has the right to unilaterally terminate this Agreement by notifying the Licensee thereof.
7.4 Upon termination of this Agreement, the Licensee is obliged to cease using the Software entirely and to destroy all copies thereof installed on the Licensee's computers and/or other devices, including backup copies and all components of the Software.
7.5 The Licensee has the right to terminate this Agreement at any time by ceasing to use the Software.
7.6 In the event that a competent court declares any provisions of this Agreement invalid, the Agreement continues to be effective in the remaining part.
7.7 This Agreement also extends to all updates (new versions) of the Software provided to the Licensee during its term of validity, unless, upon updating the Software, the Licensee is offered to review and accept a separate licence agreement or an addendum to this Agreement.
8. Contact information of the Licensor
Individual entrepreneur Vitali Brodetski
Individual Tax Number (ITN): 2965923975
Record of the state registration of the individual entrepreneur No. 2224 0000 0000 89301 dated 14.08.2013
Account: UA953052990000026009060709033 at JSC “PrivatBank”
Address: Ukraine, 49000, Dnipropetrovsk region, city of Dnipro, Titova St., 2/47.
info@appointer.com.ua
tel. +38 (050) 332 19 40