License agreement (public offer)
Date of posting on a Website: March 30, 2018
This agreement (hereinafter – Agreement) determines the rights and obligations of Licensor and Licensee while using grid service Slotcalculator, available at http://www.slotcalculator.com (hereinafter – Service). The agreement is addressed to the general public and is a public offer in accordance with paragraph 2 of Art.437 of the Civil Code of the Russian Federation.
Unconditional acceptance the Licensee of the Agreement is any of the following:
a) the beginning of the Service functionality use;
b) downloading of the Client application from the Site, by clicking the “Download For Free” button.
The parties use these terms with the following meaning:
a) Account – an account that the Licensee creates during Registration in the Client application.
b) Licensor – is a party of the Agreement who grants to the Licensee a free of charge non-exclusive license to use the Site and the Client application. At the discretion of the Licensor, the use of the additional functionality of the Service may require the User to accept the terms of a separate agreement.
c) Licensee – is a legally capable natural person who accepts the Agreement.
d) Login – the E-mail of the User, entered at Registration, intended for creation of the Account in the Client application.
e) Password – a unique set of symbols created by the Licensee at Registration, intended for the creation of the Account in the Client application.
f) Non-exclusive license (License) – the granting of a non-exclusive non-transferable right of the Service use through remote access by reproducing the page/pages of the Site and using the Client application on the technical device through Licensee’s authorization with the Login and Password.
g) Licensor’s Website (Website) – Licensor’s site located on the domain name http://www.slotcalculator.com. The Site includes the interface, software and other elements necessary for proper functioning. All rights to the Site/Client application and its elements, with the exception of the open-source software, included in the Client application in accordance with Section 8 of the Agreement, collectively and individually belong to the Licensor in full.
None of the provisions of the Agreement can be interpreted as transfer (alienation) of exclusive rights to the Site/Client application to Licensee or permission to use methods, which are not provided by the Agreement.
h) Agreement – this Agreement, including all annexes and rules explained in the Agreement or expressly named as annexes to the Agreement. The Agreement consists of the following documents:
License Agreement – permanently posted on the public website at http://www.slotcalculator.com/terms.
Policy for the processing of personal data – permanently posted on the public website at http://www.slotcalculator.com/terms.
i) Registration – the procedure of completing the registration form for the creation of the Account, performed by the User in the Client application.
j) Service – service, available on the Licensor’s Site, which allows the Licensee to perform calculations based on entered data using the Client application installed on the technical device. All of the conditions specified below apply both to the Service as a whole, and to the Site and the Client application separately, and are identified by text together as Service.
k) Client application – software downloaded from the Site and installed on the technical device of the User, which allows performing calculations based on the entered data.
1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS
1.1. In accordance with the terms of the Agreement, the Licensor grants the Licensee a free of charge non-exclusive license without the right to sublicense to third parties, and the Licensee undertakes to accept the License.
1.2. The territory of the rights granted: the entire world.
1.3. The term of the rights granted is limited by the term of the Agreement;
1.4. The Licensor has the right to change the Agreement and all annexes to it at any time (in whole or partially) unilaterally, without prior coordination with the Licensee. All changes take effect from the moment of posting on the Site.
1.5. The licensor has the right at any time to change the composition of the services provided.
1.6. The Licensee undertakes to independently monitor the changes of the Agreement and its annexes by periodical familiarization with the current version, at least once a month. The Licensee is independently responsible for any consequences arising from the lack of familiarity with the Agreement and its annexes.
1.7. In the event that the Licensee does not agree with any provision of the Agreement and (or) its annexes, Licensee must immediately stop using the Service.
2. ORDER AND METHODS OF THE SERVICE USE. ORDER OF PROVIDING ACCESS TO THE SERVICE. LIMITATIONS
2.1. For the purpose of the non-exclusive License, the Licensee has the right to:
2.1.1. use the Service for the direct functional purpose, in order to install the Client application on the technical device;
2.1.2. copy the Client application for non-commercial purposes on a free of charge basis on any device, provided that the combination, composition and contents of the Service products are unchanged in comparison with how they are provided and/or recommended for use by the Licensor.
2.1.3. Licensee may use the data and functions received with the help of the Service, only in terms of the functionality provided by the Service – entirely for calculation and prognostic purposes, for personal non-commercial use, subject to the requirements and limitations provided in this Agreement.
2.1.4. Use of the Service on other terms than specified in this Agreement, including the commercial use of the Service, is possible only upon agreement with the Licensor via e-mail. In the event of disagreement with the terms of the Agreement, the Licensee has no rights to use the Service.
2.2. The Licensee has to apply for two-stage Registration to use the functionality of the Client application:
2.2.1. As a Login, the Licensee provides his or her E-mail.
2.2.2. To confirm the registration, the Licensee has to enter the activation code, which is sent to the e-mail provided by the User in accordance with clause 2.2.1.
2.2.3. The Licensee is responsible for his or her actions related to the use of the Service towards third parties, including if such actions result in the violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.
2.3. The Licensee has no right to:
2.3.1. Modify the Service, including changing, emulating, creating new versions, decompiling, disassembling, decrypting and performing other actions with the Site code of the Client application.
2.3.2. Use the Service in a manner not expressly specified by the Agreement, including reproducing and distributing the Software for commercial purposes without the consent of the Licensor received via e-mail.
2.3.3. Try to bypass the technical limitations of the Service.
2.3.4. Use the Service beyond the validity period of the Agreement.
2.3.5. Use the Service under the trademark/domain name of the Licensee, and represent the Service as the Licensee’s property to any third party.
2.3.6. Use the content of the Licensor’s Service, including carrying out agency activities on behalf of the Licensor without the consent of the Licensor.
2.4. Access to the Service is provided around the clock, except for cases of preventive maintenance.
2.5. The functionality of the Service does not allow Users to bet and interact with gambling. The Licensee has to comply with the limitations specified by this Agreement and be fully responsible for their violation.
3. RIGHTS AND RESPONSIBILITIES OF PARTIES
3.1. The Licensor is obliged to:
3.1. 1 Grant the Licensee with access to the functionality of the Service from the time the Site is launched and the Client Application is installed on the Licensee’s device.
3.2. The Licensee is obliged to:
3.2. 1 Use the Service subject to the limitations specified by this Agreement.
3.2. 2 Not to transfer the Login and Password to third parties and ensure the security and non-disclosure of the Login and Password. In the event of the loss of the Login and Password and (or) the breach of the Login and Password confidentiality, to immediately give notice to the Licensor.
3.2. 3 Comply with the Legislation, including the legislation on Personal Data when using the Service.
3.3. The Licensor has a right to:
3.3. 1. Unilaterally terminate the Agreement and (or) block Licensee’s access to the Site, the Client application in case of violation by the Licensee of the Legislation, this Agreement and its annexes. The Licensor will not be liable for any loss (damage) incurred by the Licensee in connection with the termination of the Agreement and (or) blocking. The Licensor has the right not to inform the Licensee of the reasons for access blocking.
3.3. 2 Carry out preventive works and temporarily suspend access to the Service for this purpose.
3.3. 3 Use the Licensee’s name, as well as its trademarks (service marks) and Licensee’s logos on the Licensor’s site, in publications of its founders about the work of the Licensor and for the purposes of advertising the Licensor’s services.
3.3. 4 Modify or release updates to the Site, the Client application.
3.4. The Licensee has the rights to:
3.4.1. Get access to the functionality of the Service in accordance with the terms of the Agreement.
4. PERSONAL DATA. GUARANTEE OF CONFIDENTIALITY
4.1. The Licensee consents to process Personal data of the Licensee by the Licensor, appointed by him at the time of Order or subscription to mailing, including the following data: surname, name, e-mail address, contact phone number.
4.2. The period for retaining Personal data of the Licensee is subject to achievement of objectives of processing.
4.3. In processing the personal data of the Licensee, the Licensor relies upon the Federal Law of the Russian Federation “Personal Data” No. 152-FZ dated 7/29/2006 and upon the international processing of personal data standards.
4.4. The licensee has the right to withdraw the consent by settling the relevant written document, which can be issued by the Licensee to the Licensor by e-mail. In case of obtaining the statement for a revocation of this consent to process personal data, the Licensor is obliged to deny its processing.
4.4.1. The Licensee acknowledges and agrees that as a result of a bug, technical malfunctions, actions of the third parties including (but without being limited) a virus or hacker attack, the data of the Licensee allocated on the Website, can become available to the third parties. The Licensee agrees and undertakes not to assert the claims to the Licensor to compensation of losses (damage) which have arisen in this regard.
4.5. The Licensee consents to:
4.5.1. Storage of personal data on the computational server of the Licensee (including off-site of the Russian Federation).
4.5.2. Use of the personal and statistical data of the Licensee for the demonstration of advertisements.
4.5.3. Direction of information on services, news of the Licensor and (or) Licensor’s partners to the Licensee.
4.5.4. The Licensor processes data of the Licensee which are necessary only for performance of the Agreement.
4.5.5. The Licensor doesn’t hold data (including personal) of the third parties, which the Licensee brings in on the server by the Website.
5. RESPONSIBILITY. ORDER OF SETTLEMENT OF DISPUTES
5.1. Service is provided to the Licensee “as is”, according to the standard principle in the international practice. The Licensor doesn’t bear responsibility for the problems arising in the course of installation, updating, support and operation of Service (including issues of compatibility with other software products (packages, drivers, etc.), inconsistencies of results of the use of Service to expectations of the Licensee, etc.). The operability of the Website isn’t directly subjected to operability of the Computational server and the Client application.
5.2. The Licensor doesn’t bear responsibility for the unavailability of use of the Service for the reasons depending on actions or inactivity of the Licensee or the third parties.
The Licensor doesn’t bear responsibility in case the access to the Website is limited due to the lack of access for the Licensee to the Internet.
5.3. The Licensor doesn’t bear responsibility for non-execution or inadequate performance of obligations under the Agreement and also for direct and indirect losses of the Licensee, including the missed benefit and the possible damage which has arisen as a result of:
5.3.1. Uses of the informational materials of the Website by the Licensee, received by using the operability of the Website.
5.3.2. Illegal actions of the Internet users directed to violation of the law, information security or proper functioning of the Website.
5.3.3. Lack (unavailability of establishment, the termination and so forth) of Internet connection by the Licensor.
5.3.4. Interventions of the public and municipal authorities and also conducting investigation and search operations.
5.3.5. Establishments of state regulation (or regulations by other organizations) of the economic activity of the commercial organizations in the Internet and/or establishments specified by the subjects of the one-time restrictions, which are complicating or making impossible the performance of the Agreement.
5.3.6. Other cases incident with the actions (inaction) of Internet users and/or other subjects directed to the deterioration of the general situation with the use of the Internet and/or the computer equipment existing at the time of the conclusion of the agreement.
5.4. The Licensor reserves the right to withhold the operation of the Website for carrying out scheduled maintenance.
5.5. During Website operation, the Licensee undertakes not to violate the Law, the interests of the third parties, including during creation of mailings, rendering services (sale of goods) to the third parties. The Licensor doesn’t bear responsibility for the actions of the Licensee made with use of the Website, and equally doesn’t bear responsibility for the impairment of obligations by the Licensee ahead of third parties.
5.6. The Licensee bears discrete responsibility for the safety of his or her Login and the Password and for losses which can arise because of their unauthorized use.
5.7. The Licensor doesn’t bear responsibility, if the Account’s Login and Password of the Licensee became aware to the third parties.
5.8. The Licensee acknowledges, accepts and agrees that he has to estimate all risks connected with use of the Website, information materials including the assessment of their reliability, completeness or usefulness at his or her own discretion.
5.9. The Licensee bears all risks of any use and/or unavailability of use of the Website. Considering the specifics of his or her activity, or specifics of the professional interests, the Licensee realizes and clearly acknowledges the existence of all risks which can arise during the implementation of any financial transactions, and equally while implementing other actions/inactions by the Licensee. Considering the content of this statement, the Licensor doesn’t bear responsibility towards the Licensee.
5.10. If the Licensee is dissatisfied with the Service, the right of use which is provided within the Agreement, it’s any content, the only and exclusionary security measure of the Licensee is the termination of using the Service.
6. PERIOD OF VALIDITY OF THE AGREEMENT, TERMINATION OF THE AGREEMENT
6.1. The agreement becomes valid from the date of the acceptance and remains in force before the cancellation by the Parties.
6.2. The agreement is an offer; in compliance with existing civil legislation of the Russian Federation, the Licensor has the right of withdrawal of the offer, according to Art. 436 of the Civil Code of the Russian Federation. In case of withdrawal of this Agreement by the Licensor during the term of its action, this Agreement is deemed as denied from the date of a response. A response is carried out by posting of the relevant information on the Website.
6.3. The agreement can be terminated pre-term:
6.3.1. Under the mutual agreement of the Licensor and Licensee.
6.3.2. Initiated by the Licensor by a unilateral extrajudicial procedure, in case of violation of terms of agreement by the Licensee.
6.3.3. Initiated by the Licensor by a unilateral extrajudicial procedure, in case of violation of copyright of the third parties by the Licensee.
7. OTHER TERMS
7.1. Since the software products of Service are at a stage of constant addition and updating of new functionality, the form and the nature of the provided services can change without the prior notice of the User. At his or her sole discretion, the Licensor has the right to terminate (temporarily or permanently) providing the Service (or any separate parts of products or functions of service) to all Licensees in general or to the certain Licensee in particular and also to change or revoke the License without prior notice.
7.2. The action of the Non-exclusive license under the Agreement extends to all subsequent updates and new versions of Service in general, the Website and the Client application separately.
7.3. All of the questions which will be not settled by the Agreement are subject to permission according to the Legislation.
7.4. In case of disputes and disagreements under this Agreement, the Parties will have to take all possible measures for the settlement of a dispute by negotiations per e-mail.
7.5. In the case of disputes or disagreements between the Licensee and the Licensor arising from the Agreement or the related relations, the parties will take all measures to their determination by participatory bargaining. The parties recognize an obligatory pre-judicial order of settlement of disputes or disagreements by the direction of one party of a claim by means of a feedback form. The term of consideration of a claim is 10 (ten) calendar days.
7.6. If the disputes will not be settled by the Parties by means of negotiations and in a claim order, then they are transferred by the interested Party to the court in the location of the Licensor.
7.7. All remarks and/or claims connected with the work of operability of the Service have to be sent by a feedback form: http://slotcalculator.com/about.
8. NOTIFICATION OF RIGHTS
8.1. The present Article contains licenses and notices for the software with an open source code embedded in the Client application. The licensee has to acknowledge and understand that any interaction with open libraries has to be carried out only according to the conditions of the corresponding license.
8.2. The client application includes the software with an open source code (“Software components”) which is licensed according to licenses for the software with an open source code. License agreements for each Component of the software attach files of the Component of the software and grant the rights to use, copy, modify and extend software Components (on condition of observance of certain obligations in the established cases), and in the form of the source code and a binary code, behind the exceptions determined by the corresponding license below.
8.3. About copyright of the software with the open source code.
The materials which are contained in the Service are protected by copyright. Laws on copyright forbid copying, reproduction, use and extend of data, logos, graphics, illustrations, design of the product and the related documents (the guides, official documents, tables, etc.) fully or partially, without the permission of the owner of copyright.
Logos of Components of the software are the registered trademarks and belong to their owners protected by copyright.
The texts, graphics, images and designations of products included in Service, are the property of the corresponding authors of these elements.
8.4. About the software.
Laws on copyright forbid use, copying, leasing, changing and distribution of the software in general or partially, without the permission of the owner of the copyright.
The Use of Service on the terms of the relevant license agreements doesn’t mean the transfer of any property or non-property rights to use software Components to Licensees. These rights are granted to Licensees by the corresponding licenses for software Components.
List of Components of the software:
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the “Software”) to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
You may use, distribute and copy the Qt GUI Toolkit under the terms of GNU Lesser General Public License version 2.1, which is displayed below.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. Copy of the GNU General Public License will be provided to you along with product. If not, see http://www.gnu.org/licenses/.
This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* “This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)”
* 4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* 5. Products derived from this software may not be called “OpenSSL”
* nor may “OpenSSL” appear in their names without prior written
* permission of the OpenSSL Project.
* 6. Redistributions of any form whatsoever must retain the following
* “This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/)”
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY
* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
* PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
* OF THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
The BSD License
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The MIT License (MIT)
Copyright (c) 2012 EOS GmbH
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
8.5. The Licensee can receive, modify and extend initial codes of Components of the software, according to their conditions of the corresponding licenses. These initial codes can be available for downloading on the website of the Licensor or they can be provided by the Licensor at the request of the Licensee, pursuant to the Licensor not accepting the inquiries concerning the maintenance of these initial codes.
8.6. The interaction of the Service with software Components other, than it is provided by the present agreement, is not subjected to the warranty coverage. The Licensor doesn’t bear responsibility for any financial damage or the missed benefit, including any claims of the third parties resulting from use of Components of the software provided with the Service.