This License Agreement applies to the Computer Program: "FXMONITOR" 1. BASIC TERMS
1.1. Licensor - Individual Entrepreneur Valery Shklovskiy, Taxpayer Identification Number (INN) 366220954560, Primary State Registration Number (OGRN) 314366825200308.
1.2. Licensee - any individual or legal entity that has the right to use the Program in its interest in accordance with the requirements of the current legislation of the Russian Federation and this Agreement.
1.3. Program - The FXMONITOR computer program (both in general and its components), which is an objective set of data and commands, including source code, database, audio-visual works included by the Licensor in the specified computer program, as well as any documentation on its use.
1.4. Use of the Program - the use of functionality and / or launch in the manner specified by the user (technical) documentation and this Agreement.
1.5. Authorized user - a user registered by the Licensee in the Program and authorized at least once.
1.6. An account is an information resource that is a combination of the data of one copy of the Program with a unique identifier, with the help of which program objects are grouped for their joint display and use.
1.7. Technical support - measures carried out by the Licensor to the extent and extent established by him to ensure the functioning of the Program, including information and consulting support to the Licensees on the use of the Program.
1.8. Agreement - a document on the basis of which the Licensor (or other person having the appropriate rights) provided the Licensee with the Program for its use on the terms of this Agreement.
1.9. Registration is the action of the Licensee aimed at creating an Account, carried out in the manner and for the purposes provided for by the license of the corresponding type.
1.10. Account - an entry in the Licensor's system (username / password pair or a special api-key) that stores data that allows identifying and authorizing the Licensee and the authorized user.
1.11. Type of license - a tariff plan selected by the Licensee, according to the Price List of the Licensor, published on the Internet at the following address: https://help.fxmonitor.online/en
1.12. API (Application Programming Interface) - the interface of the interaction of the system with third-party applications by using public methods published by the Licensor. 2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee the right to use (a simple non-exclusive license) of the Program within its functionality by playing the program (connecting to the Program via the Internet), exclusively for independent use by the Licensee without the right to sublicense to third parties.
2.2. This Agreement is concluded before or immediately at the time of starting to use the Program and is valid for the entire period of its legitimate use by the Licensee within the validity period of the copyright to it, subject to the proper observance by the Licensee of the terms of this Agreement.
2.3. The Licensor grants the Licensee the right to use the Program without restriction on the territory in the manner and on the conditions provided for by the current legislation of the Russian Federation, the Agreement and this Agreement. 3. COPYRIGHTS AND TRADEMARKS
3.1. The program is the result of intellectual activity and the subject of copyright (Computer Program), which are regulated and protected by the legislation of the Russian Federation on intellectual property and international law.
3.2. The algorithms of the Program and its source codes (including their parts) are the commercial secret of the Licensor. Any use of them or the use of the Program in violation of the terms of this Agreement is considered as a violation of the rights of the Licensor and is a sufficient basis for depriving the User of the rights granted under this Agreement.
3.3. The Licensor guarantees that it has all the necessary rights to the Program to provide them to the Licensee, including the documentation for the Program.
3.4. Responsibility for copyright infringement occurs in accordance with the current legislation of the Russian Federation.
3.5. By this Agreement, the Licensee shall not be granted any rights to use the Trademarks and Service Marks of the Licensor and / or its partners.
4.1. Licensee is granted the right to Register under this License Agreement.
4.2. Registration is carried out by the Licensee independently by creating and specifying your account.
4.3 The Licensee has the right under this License and in accordance with the selected type of License to place the data belonging to it in the Account, if this does not violate this License Agreement and the Legislation of the Russian Federation.
4.4. The Licensee has the right to modify, add or delete the Program files only in cases provided for by the legislation of the Russian Federation on copyright. 5. ASSIGNMENT (TRANSFER) OF RIGHTS
5.1. The Licensee, with the exception of cases established by this Agreement, has the right to cede once in full its rights and obligations under this Agreement to another authorized user.
5.2. Assignment (transfer) of rights and obligations is carried out only with the full and unconditional consent of the new Licensee with all the terms and conditions of this Agreement and the Agreement.
5.3. The Licensee is obliged to provide the Licensor with complete data on the new Licensee for re-registration of the Program for it in accordance with this Agreement.
5.4. Assignment (transfer) of rights under this Agreement may not be carried out indirectly or through any third party. 6. TYPES OF LICENSES
6.1. The licensee has the right to independently choose the appropriate type of license, a list of which is available on the Internet at: https://help.fxmonitor.online/en
6.2. The Licensee is entitled to use the Program within the framework of the license for familiarization (trial version) without paying a fee for a limited period of time, determined by the conditions valid at the time of registration.
6.3. The licensee has the right to change the type of license during the entire period of its validity, while the validity of the acquired license will be increased by the period of the paid, but unspent, current license, taking into account the tariff cost of the new license.
6.4. The beginning of the license term is the day of creation of the Account and / or Account (Registration day).
6.5. If the relevant license expires and the Licensee fails to acquire a new license within 15 (Fifteen) calendar days from the list specified in clause 6.1. of this Agreement, further use of the Program by the Licensee may be limited by the Licensor at its discretion.
6.6. The licensor has the right to unilaterally change the types of licenses by posting a new list of them on the Internet at https://help.fxmonitor.online/en
no later than 14 (Fourteen) days before the date of entry into force of such changes. 7. PROCEDURE FOR USE OF THE PROGRAM
7.1.1. In order to use the Program, the Licensee must go through the Registration procedure, as a result of which a unique Account and Account will be created for the Licensee. In order to add Authorized Users, the Licensee must independently create the accounts for them using the Program and give access to the Account. The number of Authorized Users within one Account is determined based on the type of license.
7.1.2. For registration, the Licensee undertakes to provide reliable and complete information about himself and the Authorized Users on the issues proposed in the registration form, and to keep this information up to date. If the Licensee provides incorrect information or the Licensor has reason to believe that the information provided by him is incomplete or inaccurate, the Licensor has the right, at his discretion, to block or delete the Licensee's account, as well as prohibit the use of the Program.
7.2. Access to the Licensee or Authorized User Account.
7.2.1. When registering, the Licensee or Authorized User independently indicates the email address (hereinafter Login). In accordance with the algorithms of the Program, a key (hereinafter Password) for access to the Account is generated. The licensor has the right to prohibit the use of certain logins, as well as establish requirements for login and password (length, valid characters, etc.).
7.2.2. The Licensee or the Authorized User is independently responsible for the security (resistance to guessing) of the password chosen by him, and also independently ensures the confidentiality of his password. The Licensee is solely responsible for all actions / omissions (as well as their consequences) within or using the Program under his Account, including cases of voluntary transfer or non-observance of confidentiality of data for access to his account to third parties under any conditions (including contracts or agreements). Moreover, all actions within or using the Program under the Licensee's account are considered to be performed by him, with the exception of cases occurring after the Licensor receives from the Licensee a notice of unauthorized use of the Program under the Licensee's account or in any violation (suspicion of violation) of the confidentiality of your password.
7.2.3. The Licensee is obliged to immediately notify the Licensor of any case of unauthorized access to the Program using his Account and / or any violation (suspected violation) of the confidentiality of his password. For security purposes, the Licensee is obliged to independently carry out the safe shutdown under his account ("Exit" button) at the end of each session with the Program. The Licensor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the violation by the Licensee of the provisions of this part of the Agreement.
7.3. Account deletion. The Licensor has the right to block and delete the Licensee's Account, including all content without explanation, in case of violation of the terms of the Agreement. From this moment, the restoration of the account, any information related to it, as well as access to the Program using this Account is impossible.
7.4. API access restriction. More than 1 API request per second cannot be completed in total for all methods. In case of suspicious activity through the API, the Licensor has the right to block access to the API for the Licensee's account. 8. RESTRICTIONS OF USE
8.1. The Licensee and / or Authorized Users are not entitled to perform actions that may entail: a) disruption of the functioning of the equipment and network of the Licensor; b) disruption of the operation of the Program or restriction of the ability of other users to use the Program; c) unauthorized access to the Program, as well as information and computing and network resources of the Licensor; d) causing or threatening damage to third parties, including by posting information and links to network resources, the contents of which are contrary to the current legislation of the Russian Federation.
8.2. Licensee is not given the opportunity and right to modify the Program.
8.3. The Licensee independently ensures the availability of equipment that meets the technical requirements for using the Program and access to the Internet.
8.4. The Licensee guarantees that he has all the necessary rights to all data, computer programs or services that he uses in connection with the use of the Program, and that such actions do not violate the rights of third parties.
8.5. The Licensee may not use the Program in other ways than specified in this Agreement, as well as copy, sell and resell it or access to it, unless the User has received such permission 9. TECHNICAL SUPPORT
9.1. The Licensor provides Technical Support to the Licensee, including on issues related to the functionality of the Program, the features of operation on standard configurations of supported operating, mail and other systems in the manner and subject to the conditions specified in its technical documentation.
9.2. The Licensee has the right to contact the Technical Support Service of the Licensor without paying additional fees.
9.3. In order to provide Technical Support, the Licensor has the right to require the Licensee to provide information regarding account information, technical specifications of equipment and other information necessary to provide Technical Support. 10. LIMITED WARRANTY AND RESPONSIBILITY
10.1. The program is provided on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and may be applicable for its specific purpose.
10.2. The Licensor does not initiate and does not control the placement by the Licensee of any information in the process of using the Program, does not affect its content and integrity, and also does not know and cannot know at the time this information is posted whether it violates the rights and interests of third parties protected by law, international treaties and current legislation of the Russian Federation.
10.3. The Licensor is not liable to the Licensee for any damage, any loss of income, profit, information or savings associated with the use or inability to use the Program, including in the event of prior notification by the Licensee of the possibility of such damage, or in any claim of a third party .
10.4. If errors are discovered when using the Program, the Licensor will take measures to correct them as soon as possible. The parties agree that the exact determination of the error correction time cannot be established, since the Program interacts closely with other third-party computer programs, operating systems and hardware resources of the Licensee's computer, and the operability and time to resolve the problems do not fully depend on the Licensor.
10.5. In the event that the Licensee performs actions prohibited by the provisions of this Agreement, the Licensor has the right to take measures without explanation or any notification to the Licensee to identify and prevent these violations.
10.6. For violation of the terms of this Agreement, the Licensee shall be liable under the laws of the Russian Federation. 11. CONDITION OF PROCESSING AND USE OF PERSONAL DATA
11.1. Accepting the terms of this Agreement, the Licensee, in accordance with Federal Law No. 152-ФЗ "On Personal Data" dated July 27, 2006, acting freely, by his will and in his interest, expresses his consent to: the provision of his personal data, including Surname, Name , Patronymic, email address, contact phone number, date of birth, region, city, organization, position for their processing by the Licensor.
11.2. The licensor undertakes to take all necessary measures to protect the above personal data from unauthorized access or disclosure.
11.3. The licensor performs the following actions in relation to the processing of personal data: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, depersonalization, blocking, deletion, destruction.
11.4. This consent is valid for the entire duration of the License Agreement and the use of the Program by the Licensee. The Licensee understands and agrees that in the event of withdrawal of this consent, it is deprived of the opportunity to use part or all of the services of the Program.
11.5. The Licensee may withdraw consent to the processing of personal data by contacting the Licensor's technical support at email@example.com.
11.6. The Licensee agrees to receive, by e-mail, the address of which he indicates during registration, advertising and informational messages regarding the products and services of the Licensor and its partners. 12. VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT
12.1. For all matters not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
12.2. The Licensor has the right to amend the terms of this Agreement unilaterally by posting the amended text on the Internet at https://help.fxmonitor.online/en/legal
12.3. The Licensor has the right, in case of violation by the Licensee of the terms of this Agreement on the use of the Program, to unilaterally terminate this Agreement.
12.4. Upon termination of this Agreement by any party and for any reason, the Licensee and Authorized Users are obliged to stop using the Program completely.
12.5. In case of early termination of this Agreement by any party and for any reason, refund of payment to the Licensee and Authorized Users for the remaining period of the License is not made!
12.6. In the event that a competent court declares any provisions of this Agreement invalid, the Agreement shall continue to apply in the rest. 13. ADDITIONAL PROVISIONS
13.1 The Licensee is prohibited from using the Program to conduct mass mailings of electronic messages of a commercial, advertising or other nature that are not agreed upon (not requested) by the recipient of information by e-mail or to teleconference groups ("spam"). It is not considered as "spam" sending information with the consent of the recipient, if possible, unsubscribe.
13.2. Use of the Program should be carried out by the Licensee only for legitimate purposes and in legal ways, taking into account the laws of the Russian Federation, the European Union and the USA.
13.3. The content of the Account (copies of the Program) created and maintained by the Licensee of data is the responsibility of the Licensee himself. The Licensor does not exercise preliminary control over the content of the information posted and / or distributed by the Licensee, however, when the placement and dissemination of such information is contrary to law, the Licensor has the right to block or delete the corresponding Account and data without warning.
13.4. The Licensor does not provide the Licensee with communication services, does not organize for him access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for the reception, processing, storage, transmission, delivery of telecommunication messages. 14. CONTACT INFORMATION OF THE LICENSOR
Appeals regarding the terms of this Agreement and Technical Support are accepted at firstname.lastname@example.org
Individual Entrepreneur Valery Shklovskiy
Legal address: Russian Federation, 394066, Voronezh, zhiloy massiv Zadonye, kvartal 8, 19/2
Taxpayer Identification Number (INN) 366220954560
Primary State Registration Number (OGRN) 314366825200308