offlineCRM software end user license agreement (EULA)

This software end-user license agreement (“EULA”) is a legal agreement between you (“Licensee”) and the Licensor – “Defekt.ru” LLC. (“offlineCRM”). Use of the software, content, and services provided with this EULA (the “Software”) constitutes your acceptance of these terms. Read it carefully before completing the installation process and using the CRM Software. If you do not agree to the terms of this EULA, do not install and/or use this software. By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA.

privacy policy terms of use privacy principles

1. LICENSE GRANT

  1. By the terms of this Agreement, offlineCRM grants you worldwide non-exclusive rights, which may not be transferred to any third party, to use the CRM – Software (“Software“). “Use” means storing, loading, installing, executing, or displaying the Software without rights of commercial replication and/or distribution neither in full nor as part of the derived software to any third parties. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. For the rights granted to you, you are bound to pay offlineCRM the applicable license fee.
  2. This Agreement remains in effect in perpetuity in consideration of the appropriate restrictions by applicable laws and regulations, except cases in which you purchase the Software on a subscription basis. Please see the subscription terms below.
  3. When you purchase the Software License on a subscription basis, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made by the method you have chosen at the recurring intervals chosen by you until the subscription is terminated by you or by offlineCRM by this EULA. You will receive notice before each payment date and, unless you terminate your subscription it will be automatically renewed. offlineCRM will automatically charge you the then-current rate for your subscription plan, plus applicable taxes, if applicable, every billing period of your purchase order. Subscription fees are generally billed or charged in advance of the applicable subscription period. offlineCRM may change your plan’s rate each renewal term, and we will notify you of any rate change with the option to cancel.
  4. If your account has insufficient funds on the date the payment is due, your subscription will be canceled on the next day after the last day of the paid period.
  5. You should routinely check the information about the pre-paid license period or pre-paid access to the online services period, the prices, and other terms and conditions, as well as the current EULA and other documents related to offlineCRM software and services amendments.

PERSONAL LICENSE

  1. Unless otherwise provided in your purchase order, this type of license permits software operation exclusively for personal purposes on one individual user account or one computer, workstation, or another digital electronic device that conforms to the system requirements of the Software as specified in the documentation. Therefore, the Software is licensed on a per-computer basis, not per user, site, or company. For example, if a person uses 2 computers, to install and use the Software on every computer, the person must purchase 2 licenses. The “User” means an individual whose funds are used to pay the license fee.

BUSINESS LICENSE

  1. This type of license is intended for use by a company or another entity and gives the rights to install and use the Software for corporate, commercial, or business purposes (including internal business purposes such as a presentation or reports preparation). For this agreement, commercial use constitutes also any commercial use and any use of the Software for the direct or indirect purpose of financial benefit (e.g. using sale, licensing, advertising, etc.).
  2. This license is non-exclusive and is not transferable to any other organization or affiliate and, unless otherwise provided, permits software operation on one computer.
  3. If you represent a group of companies, an affiliated entity, a member firm, or any third party and you would like to purchase a license for this third party, please contact us at info@offlineCRM.com to purchase the license on individually agreed terms.

2. FREE CRM VERSION

  1. You may be granted a copy of the Software free of charge for an indefinite period (“Free License” or “Free Copy”). Certain features and/or functionality of the Software may be locked or unavailable in the Free Copy. To benefit from all features and functionality of the Software, Licensee has to purchase a valid license activation key.
  2. To use the Free Copy, you may also be required to create an account.
  3. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This “try before you buy” approach is the ultimate guarantee that the Software will perform to your satisfaction.

3. OWNERSHIP

  1. The Software is owned and copyrighted by offlineCRM. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.

4. COPYRIGHT

  1. The Software and all rights, without limitation including proprietary rights therein, are owned by offlineCRM or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of offlineCRM and you will not acquire any rights to the Software except as expressly outlined in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.

5. REVERSE ENGINEERING

  1. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.

6. NO OTHER WARRANTIES

  1. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND. offlineCRM DISCLAIMS ALL OTHER WARRANTIES concerning THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
  2. offlineCRM OFFERS NO WARRANTY OF ANY THIRD PARTY CONTENT IF THE SOFTWARE CONTAINS THEREOF. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY CONTENT.
  3. The Software automatically references, displays, links to, and provides web services related to sites and information located worldwide throughout the Internet. Because offlineCRM has no control over such sites and information, offlineCRM makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity, or quality of any such sites and information, or (b) whether they may locate unintended or objectionable content. By using the Software, you acknowledge that offlineCRM makes no representations or warranties about any sites or information displayed by or accessed through the Software.
  4. The Software may contain any advertising information of offlineCRM or its partners.

7. THIRD PARTY ACKNOWLEDGMENTS

  1. Portions of the Software may utilize or include third-party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third-party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping, and handling, upon written request to offlineCRM. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.

8. YOUR INFORMATION AND PRIVACY POLICY

  1. Privacy Policy. The personal information you provide to offlineCRM during the ordering and registration process is used for offlineCRM’s internal purposes only. offlineCRM uses the information in strict compliance with the respective Privacy Policy. Except as otherwise expressly permitted, offlineCRM will not give any of your personal information to any third party without your express approval except as reasonably required by law, as authorized by this provision, or as necessary to protect offlineCRM, its agents, and other participants.

9. SUPPORT CENTER

  1. We are ready to help you in any way we can make your CRM Software experience the best. Should you need any help or if you can’t find an answer to your question, please feel free to contact our Support Team at our Support Center.
  2. To support your queries, offlineCRM may from time to time ask you to provide information on your user data and experience, which will be used to estimate Software usability and thereby improve and enhance products and services. The primary purpose of collecting personal and other user information in these cases is to provide you with safe, smooth, efficient, and customized maintenance services. For example, offlineCRM may collect and use personal data related to you, as permitted or necessary to: provide technical support, customer support, and troubleshoot problems; inform you about service updates and faults; verify your identity; protect your and offlineCRM’s interests. Such data may include the following information: your full name (company name), email address, and your phone number. Moreover, our Support Team may request to collect the special log files which include program error messages, the version of an offlineCRM program, its activation status, and technical specifications of your computer. This information is required to provide the necessary technical support and continue the research and development process.
  3. offlineCRM uses the information in strict compliance with the respective Privacy Policy.
  4. You agree and acknowledge that any information, data, text, photos, videos, or other materials (hereinafter referred to as the “Content”), whether publicly or privately provided to offlineCRM to be supported, shall be the sole responsibility of the person from whom such Content has been obtained. This means that you shall be solely responsible for all Content upload, post, or otherwise transmit via the offlineCRM websites and file-sharing or file-hosting services and for its validity, legitimacy, completeness, applicability, and copyright compliance. offlineCRM shall not control any user Content.

10. UPGRADE

  1. “Software Upgrade (also known as a “Major Upgrade”)” is a newer or better version of the Software that offers a significant change or major improvement over your current version.
  2. 11.2. “Software Update” (also known as a “Minor Update”) is a download of the Software that provides fixes for discovered bugs and malfunctions or provides minor software improvements. These versions are provided by offlineCRM within the period a particular software version is being developed.
  3. OfflineCRM does not guarantee the provision of updates for earlier developed versions of the Software and does not guarantee the operability and compatibility of the earlier purchased Software on devices, operating systems, and browsers that were released after the purchase of the Software. However, offlineCRM continues to provide technical support (consultations and other help) about the earlier purchased programs by the original system requirements.
  4. Before using any Upgrade or Update to the earlier downloaded Software, you shall ensure that the updated Software can be used on a particular device by the system requirements of the updated program.
  5. Any Upgrades or Updates are provided by offlineCRM at its sole discretion without liabilities of any kind.

11. SEVERABILITY

  1. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

  1. IN NO EVENT SHALL offlineCRM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF offlineCRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL offlineCRM’s LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

13. GENERAL PROVISION

  1. This is the entire agreement between you and offlineCRM, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. OfflineCRM, at its sole discretion, may modify this EULA in writing at any time.
  2. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively by Russian law.