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End-User License Agreement ("Agreement")

Last updated: June 15, 2022

Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using AVCAD, AVCAD V, AVCAD RV, AVCAD Database Manager.

 

Interpretation and Definitions
 

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions
For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

  • Application means the one of the software program provided by the Company downloaded by You to a Device, named AVCAD or AVCAD V or AVCAD RV or AVCAD Database Manager.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Individual Entrepreneur Boris Parshikov, Tbilisi, Chitaia street, N 38, apartment N1.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Country refers to: Georgia

  • Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

  • You means the individual accessing or using the Application or the company, organization, government entity, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

 

 

 

Acknowledgment

  • By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or use the Application.

  • This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

  • The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

 

 

 

License
 

Scope of License

  • The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.

  • The license granted to You by the Company may be used for personal, commercial, or governmental purposes, strictly in accordance with the terms of this Agreement.

License Restrictions
You agree not to, and You will not permit others to:

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

 

 

 

Intellectual Property

  • The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

  • The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.

 

 

 

Your Suggestions

  • Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

  • The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to You.

 

 

 

Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

 

Updates to the Application

  • The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

  • Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to:

  1. provide any Updates, or

  2. continue to provide or enable any particular features and/or functionalities of the Application to You.

  • You further agree that all updates or any other modifications will be:

  1. deemed to constitute an integral part of the Application, and

  2. subject to the terms and conditions of this Agreement.

 

Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

 

 

 

Third-Party Services

  • The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

  • You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.

  • You must comply with applicable third-party terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

 

 

Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy:
https://www.aadbsoftware.com/privacy-policy

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

 

 

 

Term and Termination

  • This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

  • This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

  • Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

  • Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

 

 

 

Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:

  1. use of the Application;

  2. violation of this Agreement or any law or regulation; or

  3. violation of any right of a third party.

 

 

 

No Warranties

  • The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.

  • To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

  • Without limitation, the Company makes no representation or warranty that:

  1. the Application will meet your requirements;

  2. the Application will be uninterrupted or error-free;

  3. the Application will be compatible or work with any other software, applications, systems or services;

  4. the Application will be free of viruses or other harmful components.

  • Some jurisdictions do not allow the exclusion of certain types of warranties, so the above exclusions may not apply to You. In such cases, the exclusions shall be applied to the greatest extent enforceable under applicable law.

 

 

 

Limitation of Liability

  • Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy shall be limited to the amount actually paid by You for the Application.

  • To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.

 

 

 

Severability and Waiver

 

Severability
If any provision of this Agreement is held to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

 

Waiver
Failure to enforce any right or provision of this Agreement shall not be considered a waiver of such right or provision.

 

 

 

Product Claims
The Company does not make any warranties concerning the Application.

 

 

 

United States Legal Compliance
You represent and warrant that:

  1. You are not located in a country that is subject to the United States government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and

  2. You are not listed on any U.S. government list of prohibited or restricted parties.

 

 

 

Changes to this Agreement

  • The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, the Company will provide at least 30 days’ notice.

  • By continuing to use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

 

 

 

Governing Law
The laws of the Country, excluding its conflict of law rules, shall govern this Agreement and your use of the Application.

 

 

 

Entire Agreement
This Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior agreements.

 

 

 

Contact Us
If you have any questions about this Agreement, You can contact Us:

By email: support@aadbsoftware.com

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