MonStr end user licence agreement
MonStr end user licence agreement (the “Agreement”).
This Agreement is an agreement between you (a natural or legal person, the “End user”) and CDS Tech LLC (the “Company”), represented by its General Director acting under the company charter.
The Agreement sets out the procedure, conditions, territory, scope, rights, restrictions and other rules for using MonStr (the “Software”).
PLEASE READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY before you install the Software on your computer and/or begin installing, copying or otherwise using it.
Under Articles 125–141 of Federal Law No. 5 of 1985 on Civil Transactions, this Agreement is an offer addressed by the Company to the End user; performing any of the actions listed below constitutes acceptance, and the Agreement is concluded electronically in accordance with Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services.
From the moment you perform any of those actions, this Agreement is deemed concluded and you thereby express your consent to accept these terms and conditions as binding.
This Agreement states the full scope of the rights transferred to you in respect of the Software, together with all conditions and restrictions on its use. You may use the Software only on the terms of this Agreement.
This Agreement relates only to Software acquired by the End user under a separate contract and supplied by the Company on electronic media, or by another means that reliably establishes that the Software file originates from the Company.
The Agreement remains in force for the whole period during which the exclusive right in the Software subsists. If any provision of the Agreement becomes invalid, void or unenforceable, the remaining provisions remain in force.
1. General provisions
1.1. Functional purpose of the Software:
- Raising and closing out breaches of quality in construction and installation works;
- Acceptance of concealed work stages;
- Issuing snags to subcontractors;
- Acceptance and handover of apartments;
- Producing inspection sheets;
- Instant exchange of information between the client’s department and the construction department.
1.2. All exclusive rights in the Software, its modifications, and any copies or components of it (including fonts, texts — including the Software documentation or any part of it — and other copyright works) belong to the Company and are protected by Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights, by the international treaties to which the United Arab Emirates is a party (including the Berne Convention), and by the provisions of this Agreement.
2. Rights of the End user
In addition to the other rights expressly set out in this Agreement, you are granted the following rights:
2.1. The right to use the Software in full, in accordance with its functional purpose, in the territory of any country in the world, without limitation as to the number of installations or the period of use, provided this does not infringe the Company’s copyright, the terms of this Agreement or local legislation.
2.2. The right to reproduce, install and run the Software simultaneously on one (1)* computer, and to create one (1)* backup copy solely for archiving or backup purposes. You may create and use a backup copy of the Software on a computer for archiving and reinstallation.
* The permitted number of original copies and backup copies increases in proportion to the number of contracts for the acquisition of the Software concluded between the End user and the Company.
2.3. The right to make changes to the Software solely for the purposes of configuring and adapting it so that it functions on your technical equipment.
2.4. The right to use freely any results obtained through use of the Software in accordance with its functional purpose, without the Company’s prior consent and without payment of any fee.
2.5. If you, the End user, are a legal person, then subject to compliance with clause 2.2 of the Agreement you additionally have the right to use the Software in full, in accordance with its functional purpose, at the premises of the enterprise or its separate subdivision (branch or representative office) in the territory of any country in the world, and also at home for remote workers in connection with the performance of their duties or during business trips.
3. Restrictions on use of the Software
In addition to the other restrictions expressly set out in this Agreement, and unless otherwise agreed in a separate contract or agreement with the Company, this Agreement imposes the following restrictions on you:
3.1. This Agreement grants you no rights to the Company’s means of individualisation, including but not limited to trademarks and service marks.
3.2. You may not reverse engineer, decompile or disassemble the Software, otherwise determine its source code, or extend its functionality by combining it with other software, except in the cases and only to the extent expressly permitted by applicable law notwithstanding this restriction.
3.3. You may not distribute, provide or otherwise transfer rights to use the Software (sublicences), or any part of it, or the electronic media containing it, or any copies of it, to third parties. Transfer of the Software includes, but is not limited to: providing third parties with access to the Software or its components over a computer network or the Internet; renting, pledging, leasing, lending or otherwise making the Software temporarily available.
3.4. You may not compile elements of the Software or parts of it into other software products, or use the Software or parts of it as the basis for creating new software products.
3.5. You may not use the Software in breach of this Agreement, the Company’s copyright or local legislation.
3.6. You undertake to reference the Company in publications or other information materials that mention the Software.
4. The Company’s warranties
4.1. The Company gives no warranties, sets no conditions and makes no representations, whether express or implied by law, custom, practice or otherwise, except that the Software as a whole is operable and corresponds to its functional purpose and technical descriptions.
4.2. If you discover any non-conformity, contact the Company or its authorised representative within 30 (thirty) days of discovering it.
4.3. The warranty applies provided that the Software is used with compatible hardware, operating systems and other software, and in full accordance with the operating instructions.
4.3.1. Minimum system requirements for using the Software:
- OS: Android, iOS
- RAM: 6 GB
- Free storage: 8 GB
For the installation to complete correctly, no system administrator account must be present. If one is present, it must either be removed or a new user created.
4.4. The Company has no direct or indirect obligation to update, upgrade, provide technical support for or maintain Software that is working properly.
5. Limitation of liability
5.1. The Company bears no liability for direct or indirect losses, including lost profit or loss of confidential information, arising from use of the Software.
5.2. The Company bears no liability for the operability of the Software in the event of computer viruses, power failures, equipment faults, deliberate damage to the Software or breaches of the operating instructions.
5.3. The Company bears no liability for problems in the operation of the Software connected with the use of counterfeit system, network or application software (operating systems, office applications, utilities and so on).
5.4. The Company bears no liability for any damage connected with the use of, or the inability to use, the rights in the Software.
6. Preventing piracy
6.1. Please send any information known to you that indicates an infringement of the Company’s copyright (links to pirate sites and similar) by email to support@cds.spb.ru.
7. Final provisions
7.1. This Agreement is deemed concluded from the moment you accept its terms and begin installing, using or copying the Software. When installing, use of the Software begins when you tick “I accept the terms of the End user licence agreement” in the installer dialogue and press “Install”.
7.2. If you do not agree with the terms of this Agreement, press “Close” to exit the installer. Declining to install the Software on your computer does not release you from complying with the terms of this Agreement, including those set out in section 3.
7.3. This Agreement is governed by the federal laws of the United Arab Emirates. Disputes arising out of or in connection with this Agreement are resolved by negotiation and, failing that, by the competent courts of the United Arab Emirates, unless mandatory law provides otherwise. For all questions, contact info@monstr.pro.