END-USER LICENSE AGREEMENT (EULA) Tonfotos

Published: September 11, 2024

Read the following terms carefully before installing, copying and/or otherwise using Tonfotos (hereinafter referred to as the “SOFTWARE”). Installing, copying or otherwise using the SOFTWARE indicates Your acceptance of these terms.

This End-User License Agreement (hereinafter referred to as the "EULA") is a legal agreement between You, the End User, who obtained or uses the SOFTWARE, and the Licensor.

This EULA comes into effect when You demonstrate Your consent to be bound by its terms by selecting the “I accept the terms of the license agreement” button followed by selecting the “Next” button and installing the SOFTWARE, or when You install, copy or start using the SOFTWARE in any other manner. Any such act is deemed to demonstrate Your acknowledgment that You have read this EULA, that You understand it and agree to be bound by its terms. If You do not agree to the terms of this EULA, do not use the SOFTWARE and disable, remove it from Your system, and destroy any copies of the SOFTWARE in Your possession. This EULA is binding for the entire period that You use the SOFTWARE unless otherwise stated in this EULA or in a separate written agreement with the Licensor.

The SOFTWARE is protected by copyright laws and international treaty provisions. You agree that this EULA is enforceable like any written negotiated agreement signed by You. This EULA is enforceable against You. In case of violation of the EULA, You may be held liable.

The EULA may be available in different languages. There may be inconsistencies or differences in interpretation between the English version of the EULA and those EULAs made available in other languages. For the sake of uniformity and to avoid any ambiguity, the Russian version of the EULA shall govern in all disputes, claims or proceedings to interpret, enforce or otherwise relating to the EULA.

Definitions

«The Licensor» means Andrey Isaev, creator and owner of the SOFTWARE, registered in Republic of Armenia Ministry of Justice State Register of Juridical Persons Number of the State Registration 286.1327086, date of the State Registration 29.06.2023, Registration Number of Taxpayer 40141289. The Licensor may be contacted by e-mail: support@tonfotos.com;

«You», «Your» and «End User» refers to and includes any person and/or any entity that obtained this SOFTWARE for his/her or its own use and not for purposes of further resale and any actual user of the SOFTWARE.

«SOFTWARE» means beta version of Tonfotos software including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, video components etc.), printed materials and other software components.

«License» means the non-exclusive limited right granted to You by the Licensor to install and use the functionality of the SOFTWARE in accordance with the terms and conditions of this EULA.

«Licensor’s Site» means an Internet resource at https://tonfotos.com/

«Computer» means a specific physical device or virtual machine that may consist of one or more CPU (central processing unit) cores and running a specified operating system. Any changes to the configuration or composition of the Computer (including the formatting of the hard drive and reinstalling the operating system) may result in the Computer being treated as a different Computer for licensing purposes. The list of types of Computers on which the Software can be installed is contained on the Licensor’s Site at the time of purchase of the Software by the End User.

«Intellectual Property Rights» means all intellectual and industrial property rights and includes rights to (i) inventions, discoveries, and letters patent, including applications therefor, reissues thereof, and continuation and continuations in part; (ii) copyrights; (iii) designs and industrial designs; (iv) trademarks, service marks, trade dress and similar rights; (v) know-how, trade secrets, and confidential information; (vi) integrated circuit topography rights and rights in mask works; and (vii) other proprietary rights.

“Third Party Technologies” means third party copyrighted items used by a developer to create the SOFTWARE.

«Activation» means the process of verifying that Your Serial Number is valid and has not been activated on more Computers than allowed by the scope of Your License. You, the End User of the SOFTWARE, are required to perform this process to confirm that You are an authorized End User of the SOFTWARE. The SOFTWARE may require Activation after installation; if Activation is required, the SOFTWARE will not operate or will operate for a limited period of time and with limited functionality and will cease to function without further notice when the said limited time period elapses.

«Serial Number» means a unique identifier of Your License or set of Licenses with similar parameters.

"Paid version of the Software" means a copy of the Software legally installed by the End User, for the use of which the End User pays a license fee.

"Free version of the Software" means a copy of the Software, legally installed by the End User, for the use of which the End User does not pay a license fee. In this case, the License is limited. Features and limitations of using the Free version of the Software are set out in Section 6 of this License Agreement.

"Reseller" means a person or entity to whom Developer has granted the right to resell and distribute licensed copies of the Software to End Users, either directly or through one or more resellers or distributors.

License Grant
1. Subject to the terms and conditions of this EULA, the Licensor grants You a limited, non-exclusive License to install and use the functionality of the SOFTWARE subject to all restrictions (limitations) and the scope of the License as may be provided by this EULA. All of the provisions stated herein apply to both the SOFTWARE as a whole and to all of its separate components and end-user documentation with the exception of the third-party software included in the SOFTWARE, which is covered by its own license terms as specified in article 8 hereunder. Any issue with respect to the scope of Your License shall be construed in favour of the restrictions on the scope of Your License.
2. The scope of the License granted to You is governed by the text of this License Agreement. Additional terms of the License (number of users and other restrictions) must be reviewed by the End User on the Licensor's and/or Reseller's website when purchasing the SOFTWARE License. These additional terms of the License are an integral part of this License Agreement. The current list of operating systems on which the Software runs is available on the Licensor's Site. The Licensor reserves the right to update the list of operating systems, including discontinuing support for any of them.
3. If your License is designated on the Licensor's Site as intended for a single user, this means that the Software can only be installed on one Computer and used by one person. It is permitted to transfer the Software to another Computer in the event of loss of the original Computer or for other reasons making it impossible to use the Software on the Computer where the Software was originally installed. In this case, the transfer must be final; the Software must be uninstalled from the original Computer. To avoid misuse, the Licensor has the right to technically limit the frequency of such transfers. If the License is designated as a family license (for five users) or a different number of Users is specified, then the same restrictions as indicated in this clause 1.3 apply to each copy of the Software under this License.
4. All rights not expressly granted to You by the EULA are reserved by the Licensor. This EULA does not grant You any rights in connection with any trademarks, logos or any other intellectual property of the Licensor or of any third parties.
5. Any use of the SOFTWARE or its component parts outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of the Licensor’s and/or third parties’ Intellectual Property Rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to You under this EULA and cancellation of this EULA by the Developer as stipulated in clause 10.2 of this License Agreement.
6. For the correct work of the SOFTWARE and the full use of its functionality, the End User's Computer on which the SOFTWARE is installed must be connected to the Internet.
7. To access the full functionality of the Software, You must activate the Software by entering the Serial Number that was received upon purchase. One Serial Number can be activated simultaneously for several users on the same or different Computers. The number of such simultaneous activations depends on the License being purchased. The End User is responsible for the safety of the serial number.
The Remuneration
1. The remuneration under this License Agreement is the cost of the Software License specified in the offer addressed to You (the End User) to conclude the License Agreement posted on the Site of the Licensor or Reseller, valid at the time of Your acceptance of the terms of this License Agreement and payable in accordance with the such a proposal is in order.
2. The cost of the Software License can be expressed in the form of a one-time payment (in the case of a perpetual license), as well as in the form of periodic payments made by the End User for a certain period of use of the Software.
Limitations of Use
1. All terms of use and limitations governing the use of the SOFTWARE are stated in this EULA, unless additional terms of use or limitations are stipulated in a separate written agreement between You and the Licensor or the Licensor's Partner or in other documentation accompanying the SOFTWARE.
2. You may not perform or make it possible for other persons to perform any activities included in the list below:
  1. Reverse engineer, disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the SOFTWARE or any part, except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits the restriction of such activities, any information so discovered must not be disclosed to third parties except as such disclosure is required by law and such information must be promptly disclosed to the Licensor. All such information shall be deemed to be confidential and proprietary information of the Licensor.
  2. Modify, adapt (including any changes for the purpose of enabling the SOFTWARE to run on Your hardware), or make any changes to the object code of the SOFTWARE, applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
  3. Correct errors in the SOFTWARE or translate the SOFTWARE without the prior written consent of the Licensor.
  4. Rent, lease, sublicense, assign or transfer any rights granted to You by this EULA and other rights related to the SOFTWARE to any other person or authorize all or any portion of the SOFTWARE to be copied onto other Computers, unless otherwise authorized in writing by the Licensor.
  5. Make it possible for any person not entitled to use the SOFTWARE to access and/or use the SOFTWARE, including without limitation in a multi-user system, virtual environment, or via the Internet.
  6. Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
3. You may not use the SOFTWARE as a part of another paid or free services.
4. You may not bypass the SOFTWARE’s user interface that is provided with the SOFTWARE, or interact with the SOFTWARE by means of automation software including, but not limited to, scripts, bots, Robotic Process Automation software, except in the ways available through the SOFTWARE itself, unless you have entered into a separate written agreement with the Licensor.
Limited Warranty.
1. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OR INDEMNITY (EXPRESS, IMPLIED OR STATUTORY) OF ANY KIND. THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAWS, NO WARRANTY SHALL APPLY TO THE SOFTWARE, AND FOR CLARITY YOU ACKNOWLEDGE THAT THE LICENSOR DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, THE LICENSOR’S TOTAL LIABILITY SHALL BE LIMITED TO THE SUM OF REMUNERATION UNDER THIS LICENSE AGREEMENT PAYD BY YOU.
Update(s) of Paid Version of the SOFTWARE.
1. If You purchased the Paid Version of the SOFTWARE You may choose option to install or not to install updates to the current version of the SOFTWARE (hereinafter referred to as “Update(s)”) If You’ll choose to install Updates, the Updates may be automatically installed on Your Computer. During the automatic installation of Updates, all the terms of this EULA remain in effect, except for the case described in paragraph 5.2 below.
2. If Update contains a new version of the EULA, You must accept the new EULA at the time of installing the Update. If you do not accept the terms of the new EULA, then you are not entitled to install the Updates and will use the version of the SOFTWARE that you have. You may use the Updated SOFTWARE received only in accordance with the EULA provided with the Update.
3. The Licensor has the right, but is not obliged to provide Updates and shall provide Updates at the time and in the amount chosen by the Licensor.
4. If you use the Free Version of the SOFTWARE, then clause 6.4 of this License Agreement applies to the process of installing updates.
Peculiarities of using the Free version of the SOFTWARE
1. Restrictions on your use of the SOFTWARE may include, but are not limited to:
  1. Limited Term. The period of use of the Software may be limited by the technical means contained in the Software.
  2. Limited scope of data processing. The scope of data processing using the SOFTWARE may be limited by the technical means contained in the SOFTWARE.
2. The Licensor has the right to unilaterally change the list of limitations of the License for the Free Version of the Software. The Licensor does not guarantee to the End User that the composition of the restrictions will not be changed in the future.
3. The functionality of the SOFTWARE may be limited. For example, functionality may be available for a limited period, after which you will no longer be able to access and use the Software (the “Suspension”). In the event of a Suspension, You lose the rights granted to You by the License Agreement, provided that You have not acquired a new Software License from the Developer.
4. Update(s) of the Free Version of the SOFTWARE.
  1. You agree that updates to the current version of the SOFTWARE (hereinafter referred to as “Update(s)”) may be automatically installed on Your Computer. During the automatic installation of Updates, all the terms of this EULA remain in effect, except for the case described in paragraph 6.4.2 below.
  2. If Update contains a new version of the EULA, You must accept the new EULA at the time of installing the Update. If you do not accept the terms of the new EULA, then you are not entitled to use the SOFTWARE and are obliged to uninstall the version of the SOFTWARE that you have. You may use the Updated SOFTWARE received only in accordance with the EULA provided with the Update.
  3. The Licensor has the right, but is not obliged to provide Updates and shall provide Updates at the time and in the amount chosen by the Licensor.
5. The SOFTWARE that You received with this EULA has a limited feature set.
6. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OR INDEMNITY (EXPRESS, IMPLIED OR STATUTORY) OF ANY KIND. THE SOFTWARE MAY NOT REPRESENT FINAL SOFTWARE FROM THE LICENSOR, AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAWS, NO WARRANTY SHALL APPLY TO THE RESTRICTED SOFTWARE, AND FOR CLARITY YOU ACKNOWLEDGE THAT THE LICENSOR DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, THE LICENSOR’S TOTAL LIABILITY SHALL BE LIMITED TO THE SUM OF ONE THOUSAND RUSSIAN ROUBLES (₽1000).
7. The Licensor collects statistics about the use of the SOFTWARE: information about the functions of the SOFTWARE used, the version of the SOFTWARE and the version of the operating system of the Computer, the IP address of the Computer and information about errors. The Licensor uses this information solely for the purpose of improving the SOFTWARE, this information is anonymized and depersonalized. By accepting the terms of this License Agreement and using the SOFTWARE, you also agree to the Licensor's use of the above information. The transfer and processing of the above information does not constitute the collection and use of personal data.
Technical Support and Maintenance.
1. End users of the Paid Version of the SOFTWARE are entitled to priority email support: support@tonfotos.com
2. The Licensor does not guarantee the implementation of technical support and maintenance of the Free Version of the SOFTWARE.
Third Party Technologies.
1. The SOFTWARE uses the Yandex.Maps API service (hereinafter referred to as the "Service") You, the End User, are hereby notified and agree that when You use the SOFTWARE using the Service, Yandex will automatically collect, transfer, and store on Yandex servers, including, but not limited to, the following information: IP address and ID address of Your Computer or other device, geolocation information about You and Your applications. The End User hereby agrees to the collection, transfer and storage of the specified information on Yandex servers.
Governing Law and Dispute Resolution.
1. This EULA shall be governed by and construed in accordance with the laws of Republic of Armenia.
2. All disputes arising out of or in connection with the present EULA shall be resolved in the manner prescribed by the legislation of Republic of Armenia.
Termination and Expiration.
1. Unless otherwise agreed with the Licensor in a separate written agreement or except as otherwise provided by the EULA or the documentation for the SOFTWARE, this EULA is effective in perpetuity from the date which You first demonstrate Your acceptance as provided at the beginning of the EULA or as long as it is permitted under applicable law. To the extent that applicable law requires the statement of an expiration period for this EULA, this EULA will last as long as permitted, but in any event, at least as long as the duration of the SOFTWARE copyright and in this case shall automatically expire without further notice when such time period elapses.
2. Without prejudice to any other rights, the Licensor may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such an event, You must destroy all copies of the SOFTWARE, all of its component parts and remove the SOFTWARE and all of its component parts from Your Computers.
3. You may terminate this EULA by destroying all copies of the SOFTWARE, all of its component parts and removing the SOFTWARE.
4. «The Definitions» article and articles 1.2, 1.3, 1.4, 1.5, 3.2, 3.3, 3.4, 4, 6.6 shall survive the termination or expiration of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOFTWARE after termination or expiration of this EULA.
Collection of data and information.
1. You agree that the SOFTWARE may periodically connect via the Internet to the Licensor's server to check the status of the SOFTWARE, the activation of the Serial Number, download additional materials, information or components. The Licensor will take all reasonable steps to ensure that during such connections Your personal data is not transmitted.
2. The Licensor collects statistics about the use of the SOFTWARE: information about the functions of the SOFTWARE used, the version of the SOFTWARE and the version of the operating system of the Computer, the IP address of the Computer and information about errors.The Licensor uses this information solely for the purpose of improving the SOFTWARE, this information is anonymized and depersonalized. By accepting the terms of this EULA and using the SOFTWARE, You also agree to the Licensor's use of the above information. The transfer and processing of the above information does not constitute the collection and use of personal data. The collection of the above statistics is mandatory only for End Users of the Free Version of the Software. End users of the Paid version of the Software may refuse to provide data for statistics collection by disabling this function in the Software settings.
3. When acquiring the License through Resellers, the End User shall provide the Resellers with the information necessary to identify the End User in order to activate the SOFTWARE and provide support. This information may contain: full name, email address, real address, country of residence, IP of the End User. The developer has the right to receive this information from the Resellers, use it to ensure the correct operation of the software and to provide technical support, and store this information for an unlimited period. The collection and storage of this information by the Developer is carried out in accordance with the Personal Data Processing Policy posted on the Developer's website.
Miscellaneous
1. If any part of this EULA is found void or unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.
2. This License Agreement is contract of adhesion in accordance with Art. 444, Art. 1133 of the Civil Code of Republic of Armenia.