The present document "License Agreement" (hereinafter referred to as "Agreement") specifies the terms and conditions of the “Anwork” mobile application use (hereinafter referred to as "Anwork").
Before use of Anwork, please, review carefully the terms and conditions of this Agreement. Downloading, installing and using Anwork means your consent to the terms of this Agreement. Use of Anwork under other terms and conditions is not permitted.
Upon existence of a license agreement or similar document, the terms of Anwork use stipulated in such agreement shall prevail over the terms of this Agreement.
The present Agreement is entered into between the User and the Right Holder on the terms and conditions set forth below.
TERMS AND DEFINITIONSLicense Agreement (License)
- an offer to enter into an agreement under which the Right Holder grants to the User the right to use the Anwork mobile application in the appropriate version under a simple (non-exclusive) nontransferable license throughout the territory of all countries of the world during an agreed period of time.
To enter into this Agreement, the User only needs to download and install Anwork.License
is an agreement on the User's rights, not a sales contract between the Right Holder and the Customer.Right Holder
- depending on the territory and conditions of the License Agreement and specified in the relevant contract with the Customerthe company MyFamily 2.0 Inc. or the company Softscore UG Haftungsbeschränkt (Softscore UG Limited Liability), or the company OOO "Finansovye investicii" (Limited Liability Company), which is the holder of the exclusive right to the mobile application "Anwork" or the right to conclude a corresponding license agreement with the Customer and named in such an agreement as "Right Holder", or "Licensor", or "Licensee".Customer
- a legal entity or an individual entrepreneur who has entered into an agreement with the Right Holder on purchase and payment for the Anwork license for a certain number of Users specified in such agreement.User
- means an individual employee or contractor of the Customer, regardless of whether such User actually uses Anwork, which has downloaded and installed Anwork, thereby entering into this Agreement with the Right Holder, having used the License Key for activation of Anwork on his/her Device.Anwork mobile application
- software (including updates and auxiliary materials described in the User Guide) designed for installation and operation on Users' devices, adapted to various supported platforms and available publicly on the Internet at website https://anwork.net.Device
- a cell phone, communicator, smartphone, tablet or other device that allows to use Anwork according to its functional purpose.License key
- a unique set of symbols that can be used to activate Anwork on User's device after its downloading and installation.Supported platforms
- means those operating systems and platforms listed as supported platforms on the website https://anwork.net.Update
- any update, upgrade, modification or enhancement of Anwork.Content
- any designations and informational materials, including text, graphics, audio-visual and other materials that Users may transmit through Anwork.
GRANT OF LICENSE
Provided that the User has agreed with the terms and conditions of this Agreement and complies with all the terms and conditions set forth herein, the Right Holder grants the User the following rights:
· in accordance with the terms of this Agreement, the Right Holder grants the User the right to use Anwork in the appropriate version under the terms of a simple (non-exclusive) non-transferable license in all countries of the world during the term established by the agreement between the Customer and the Right Holder;
· the User may use Anwork according to its functional purpose only on one Device which he/she owns and/or controls from the moment of Anwork activation with the corresponding License key;
· once Anwork is activated, the User is provided with an opportunity to receive from the Right Holder within the term stipulated in the agreement between the Customer and the Right Holder:
- new versions of Anwork as they are released (via the Internet). All updates received by the User become part of Anwork and the terms and conditions of this Agreement apply to them;
- technical support (by phone and/or through Internet);
- access to informational and auxiliary resources of the Right Holder;
· the license for use of Anwork is granted to the User from the date of payment of the specified license fee according to the Right Holder's fee schedule and constitutes a separate license agreement between the Right Holder and the Customer;
· reservation of the number of licenses: the right to use Anwork depends on the number of Users in respect of which the Customer has entered into the purchase license agreement with the Right Holder and received from the Right Holder the relevant License Key to provide it to the Users. One User means downloading and installing of Anwork on one Device;
· duration of the License, the possibility of renewal it for the next term, as well as the number of extensions of the License is determined by the contract between the Customer and the Right Holder according to the fee schedule of the Right Holder;
· termination of the License: the License is terminated automatically upon expiration of the term for which it has been granted. If the User fails to comply with any of the provisions of this Agreement, the Right Holder has the right to withdraw from the Agreement without prejudice to any rights or remedies available to the Right Holder in such cases. The License may also be terminated prematurely by agreement between the Customer and the Right Holder, if it is specifically provided for in the relevant agreement. The License may also be prematurely terminated by the Right Holder if the Customer violates the terms and conditions of the relevant agreement between the Customer and the Right Holder. In all cases of termination of the License, the use of Anwork by the User is prohibited and will be considered a violation of this Agreement with using by the Right Holder of all available and provided by applicable legislation remedies. Upon termination of the License, the Right Holder has the right to cancel the License Key immediately.
· the Right Holder reserves the right to use means and procedures to verify the validity of the License installed and/or used on the User's Device.
The User may not independently or with the involvement of third parties:
· copy (reproduce) in any form and through any means computer programs and databases incorporated into Anwork, including any of their elements and informational materials, without obtaining prior written consent of the Right Holder;
· reverse-engineer the technology, emulate, decompile, disassemble, decrypt, and perform other similar actions with Anwork;
· create software products and/or services using Anwork without prior permission of the Right Holder;
· remove or in any way correct trademarks and copyrights and any other rights notices included into Anwork.
The User is strictly prohibited from using Anwork to create and/or distribute Content that:
· is illegal (being prohibited information), harmful, offends morality, demonstrates (or is a propaganda of) violence and cruelty, promotes hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds, contains elements (or is a propaganda) of pornography, child erotica, constitutes advertising (or is a promotion) of sexual services (including under the guise of other services), explains the manufacture, utilization or other use of narcotic substances or their analogues, explosives or other weapons;
· violates the moral rights or intellectual property rights of third parties;
· otherwise violates the norms of applicable law, as well as generally accepted standards of morality and ethics.
The Right Holder has the right to impose technical restrictions on Anwork use, which shall be communicated to the User from time to time in the form and by means chosen by the Right Holder.
The functional capabilities of Anwork are determined at the sole discretion of the Right Holder and may change from time to time.
The User hereby agrees that while using Anwork and any result or information obtained as a result of using Anwork, he/she will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy and copyright laws and other intellectual property rights.
Except as specifically provided in this Agreement, the User shall not assign any rights granted to him/her under this Agreement or his/her obligations arising out of this Agreement.
The User hereby agrees not to perform any actions related to the use of the License Key that are contrary to the terms of this Agreement or that result in providing the License Key to any person not entitled to use Anwork, such as transferring used or unused License Key in any form or unauthorized reproduction or distribution of duplicated or generated License Keys or getting access to Anwork as a result of using the License Key received from a source other than the Right Holder and/or the Customer.
The Right Holder hereby reserves all rights to Anwork, except for the rights expressly granted under the terms of this Agreement to the Anwork User.
LIABILITY UNDER THE LICENSE
THE ANWORK IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE RIGHT HOLDER, NOR ITS LICENSEES OR AFFILIATES, NOR COPYRIGHT HOLDERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT ANWORK DOES NOT INFRINGE ANY RIGHTS, INCLUDING COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. RIGHT HOLDER MAKES NO WARRANTY THAT THE FUNCTIONS OF ANWORK WILL MEET THE USER'S REQUIREMENTS, OR THAT THE OPERATION OF ANWORK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL OR ANY ERRORS IN ANWORK WILL BE CORRECTED.
Whereas Anwork is at the stage of constant addition and update of new functionalities, the form and functions of Anwork may change from time to time without prior notice to the User. The Right Holder may, at its sole discretion, terminate (temporarily or permanently) the provision or support of Anwork to Users, as well as amend or revoke the License without prior notice.
The Right Holder is not obliged under this Agreement to provide maintenance or technical support for the Anwork, except for the cases when such maintenance or technical support is stipulated by the applicable law and/or respective agreement between the Customer and the Right Holder.
The Right Holder is not bound in any way by the Content created and/or transmitted by the Users via Anwork. The Right Holder shall not check the Content or its components, as well as its compliance with any requirements and the availability with the User's necessary amount of rights. The User bears full responsibility for the subject matter and use of the Content in accordance with applicable law.
The Right Holder shall not be liable in any manner whatsoever due to any violations committed by the User, as well as for any damage or losses resulting from such violations.
The User shall be liable for any violation of obligations set forth in this Agreement and/or applicable law, as well as for all consequences of such violations (including any damages that may be incurred by the Right Holder or other third parties).
If the Right Holder is held liable or penalized in connection committed by the User violations of the rights and/or interests of third parties, as well as prohibitions or restrictions established by law, such User shall compensate the losses of the Right Holder in full.
UNDER NO CIRCUMSTANCES SHALL THE RIGHT HOLDER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LEGAL, PUNITIVE OR OTHER SANCTIONS, FOR ANY LOSS OF PROFIT, INTERRUPTION OF BUSINESS, LOSS OF INCOME OR OTHER ECONOMIC BENEFIT, LOSS OF BUSINESS OR OTHER INFORMATION, DAMAGE TO BUSINESS REPUTATION, ARISING OR RELATED TO USE OR INABILITY TO USE THE WORK, REGARDLESS OF WHETHER THE BASIS FOR SUCH LOSSES AND/OR DAMAGES IS A VIOLATION OF THIS AGREEMENT, LIABILITY WITHOUT CULPABLE ACTS/OMISSIONS OF THE RIGHT HOLDER, TORT, REQUIREMENT OF FEDERAL OR LOCAL LAW OR OTHER APPLICABLE LAW, EVEN IF THE RIGHT HOLDER HAS BEEN NOTIFIED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES AND/OR LOSSES. THESE LIMITATIONS SHALL NOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
The aggregate liability of the Right Holder under the Agreement shall in any case be limited to the documented damage caused to the User not exceeding EUR 10 (Ten Euro) and shall be imposed upon the Right Holder if he/she is guilty of causing such damage.
If a third party claims that Anwork or its possession and/or use by the User infringes the intellectual property rights of such third party, the Right Holder shall be in charge of reviewing such claim.
The Right Holder is responsible for addressing any claims by User or third parties relating to Anwork or User's possession and/or use thereof, including, but not limited to: (i) claims regarding liability for Anwork as software; (ii) any claims that Anwork does not comply with applicable regulations and statutory requirements; and (iii) claims in connection with consumer protection, privacy or similar legislation.
The provisions of this section shall in no way supersede any other provisions of this Agreement and shall in no way be construed to hold the Right Holder liable for actions of the User that violate the rights of third parties, including such actions performed by using Anwork; the provisions of this section do not exclude liability of the User for violations committed by the User.
Some jurisdictions do not allow exclusion of certain types of warranties/liabilities or limitations of legal rights of the consumer, so some or all of the above exclusions and limitations may not apply to the User. The present Agreement does not limit the Right Holder's liability to the User as provided by applicable law. Nevertheless, in such cases the exceptions and limitations shall apply to the maximum extent permissible.
THIRD PARTY SOFTWARE
Anwork may include third party software, the right to use which is provided either under the terms of this Agreement, or under certain terms specified in the documents of copyright holders of such software, placed and/or available on their websites in the Internet.
Software of third parties, created on the basis of open licenses, is placed in Appendix 1 to this Agreement and is an integral part of it.
Anwork may from time to time automatically download and install updates that are intended to improve Anwork and may take the form of patches, add-on modules, or completely new versions of Anwork. User is hereby notified and consents to automatic updates of Anwork, including requesting, downloading and installing updates to Anwork on User's Device without any further notification.
This Agreement shall apply to all future updates/new versions of Anwork. Installation of an update/new version of Anwork represents User's acceptance of the terms of this Agreement for the corresponding updates/new versions of Anwork, unless the update/new version of Anwork is accompanied by another license agreement.
This Agreement, the procedure of its conclusion and execution, as well as issues not regulated by this Agreement shall be governed by the applicable law of the location of the Right Holder. The use of Anwork may also be governed by other local, regional, national or international regulations.
All disputes under or in connection with the Agreement shall be settled in the court at the location of the Right Holder in accordance with the applicable procedural law.
The present Agreement may be amended or terminated unilaterally by the Right Holder without prior notice to the User and without any compensation in connection therewith. This Agreement shall be terminated immediately, without prior notice from the Right Holder, in case the User fails to comply with this Agreement. The User may terminate this Agreement by deleting Anwork from his/her Device.
CONTACT INFORMATION OF THE RIGHT HOLDER:
MyFamily 2.0 Inc.
16192 Coastal Highway, Lewes, Delaware, 19958
Phone number: +1 (786) 822-6107
Softscore UG Haftungsbeschränkt (Softscore UG Limited Liability)
140 Rechhofstrasse, 90482 Nuremberg, Germany.
Registration number: HRB 37102
Court of incorporation: AG Nürnberg
E-mail address: firstname.lastname@example.org
Web site: https://anwork.net
OOO "Finansovye investicii" (Limited Liability Company)
119121, g. Moskva, ul. Burdenko, d. 22, pom. 9
Individual Taxpayer Number: 7704302593
Phone number: +7 (499) 754-07-77