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License agreement

on granting the right to use the work on a non-exclusive basis (non-exclusive license).

Last edit: 16/06/2021

This text is an agreement between IE "Viento", hereinafter referred to as the "Copyright Holder", and the user of services, hereinafter referred to as the "Client", and determines the conditions for the use and purchase of dynamic components for the "SketchUp" program through the website of the online store https://redkit. pro


This agreement is an offer, by paying for the application hosted on the store website https://redkit.pro, you agree to the terms of this agreement and accept this offer.

 

1. BASIC CONCEPTS USED IN THE AGREEMENT

 

1.1. Copyright holder - the owner of exclusive rights to create, modify and distribute libraries of dynamic components "RedKit" (hereinafter referred to as DCL), including archives and files provided in the download section. The rights and authorship belong to IE "Viento", represented by Vinogradov Vladimir Sergeevich.


1.2. Client - an individual or legal entity that purchases a DCL to create three-dimensional furniture models for themselves or their clients.


1.3. License (license agreement) — an agreement between the Copyright Holder and the Client on the use of the Copyright Holder's DCL as an end user.


1.4. Technical Support Service - DCL warranty service.


1.5. The main website of the Copyright Holder is https://redkit.pro


1.6. Feedback with the Technical Support Service - feedback form on the page https://redkit.pro/en/contacts

 

2. SUBJECT OF AGREEMENT

 

The parties have agreed as follows:


2.1. On the basis of a duly executed order, the Rightholder undertakes to sell the goods to the Client - already existing dynamic components, updates of dynamic components, and the Client undertakes to pay for the goods in full.


2.2. Information about the DCL and tariffs is presented on the Main website of the Copyright Holder.

 

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

3.1. Rights and obligations of the Copyright Holder.


3.1.1. The Rightholder undertakes to provide the Client with the service, which includes DCL updates free of charge during the entire subscription period.


3.1.2. The right holder undertakes to provide individual consultations for the relevant tariffs.


3.1.3. The copyright holder undertakes to correct critical errors during the entire subscription period.


3.1.4. The right holder uses the data filled in at the time of purchase to manage copyright, to protect and prevent misappropriation of intellectual property rights.


3.1.5. The Copyright Holder is not responsible for the loss of access (if any) by the Client.


3.1.6. The Copyright Holder undertakes to maintain the confidentiality of all transmitted data from the Client, unless this is contrary to the Criminal or Tax Code of the Republic of Kazakhstan.

 

3.2. RIGHTS AND OBLIGATIONS OF THE CLIENT

 

3.2.1. The client has the right to create on the basis and using the DCL any projects in any quantity.


3.2.2 The Client undertakes to observe the exclusive rights of the Copyright Holder to the DCL, as well as all other rights that remain with the Copyright Holder and are not transferred under this agreement.

 

3.2.3. The Client has the right to use the DCL logos when conducting promotions, posting information about the DCL on its website, indicating the exclusive rights of the Copyright Holder to the DCL.


3.2.4. The Client has the right to raise questions with the Technical Support Service of the Copyright Holder regarding the installation and use of the DCL.


3.2.5. The Client can make changes to the DCL, as well as correct DCL errors without the prior written consent of the Copyright Holder, however, in this case, any responsibility of the Copyright Holder for the DCL, including its operation, as well as any warranty obligations, is excluded.


3.2.6. The Client does not have the right to distribute the products of the Copyright Holder in free or limited access without the consent of the Copyright Holder.


3.2.7. The client may use the products in commercial projects, as long as this does not contradict the previous paragraph. At the same time, all copyrights must remain from Redkit.pro without any changes.


3.2.8. The Client is obliged to store passwords (if any) in a safe place and is fully responsible for their safety.


3.2.9. As a proof of ownership of the program, the Client is obliged to provide his data that was used when paying.

 

4. RESERVATION OF RIGHTS AND PROPERTY

 

4.1. All rights not expressly granted hereunder are reserved by the Copyright Holder. DCL are protected by laws and international agreements on copyrights and other intellectual property rights. 


4.2. All property rights, copyrights and other intellectual property rights in relation to the DCL belong to the Copyright Holder.

 

5. DLC TRANSFER

 

5.1. The delivery of the DCL to the Client is carried out by opening extended access to the repository of the site https://redkit.pro/en/repository from the moment the funds are credited to the account of the Copyright Holder.


5.2. The DCL is transferred to the Client for a lifetime, provided that the agreement under the current agreement has not been violated (see clause 7). Only the DCL service has a time limit in accordance with clause 3.1.1.


5.3. In the event that the DCL is transferred by the Client to third parties, the client cannot transfer more rights than are provided by the Copyright Holder in this license agreement. The transfer can only be made to one person. At the same time, the Client should not have any originals or copies of archives.


5.4. The return of the DCL after receipt is not possible due to the fact that the Client acquires the right to use, which belongs to copyright objects and is protected. In turn, non-periodical publications, in accordance with the Law on the Protection of Consumer Rights, belong to the list of non-food products that are not subject to return or exchange.


5.5. The fact of receiving the goods is considered to be the downloading of the software product. Information about downloading files is stored on the Rightholder's server.


5.6. In accordance with the Law on the Protection of Consumer Rights, the remote method of sale excludes the possibility of direct acquaintance of the consumer with the product or a sample of the product. Due to the fact that videos and graphic examples are provided free of charge to the buyer to familiarize themselves with the product, the sale of the full version of the software on this website does not qualify as a remote sales method that provides for the right to return the goods within 14 (fourteen) days.

 

7. TERMINATION OF THE AGREEMENT

 

7.1. Without prejudice to any other of its rights, the Copyright Holder has the right to terminate this agreement if the Client fails to comply with its terms and conditions. Upon termination of the license agreement, the Client is obliged to destroy all copies of the DCL and all its components in his possession.


7.2. For illegal distribution of the product or copyright infringement, the Client may be blocked on all resources of the Copyright Holder by IP address or even an entire subnet for an indefinite period. Also, the Copyright Holder has the right to apply to the relevant law enforcement agencies, if this is provided for by current legislation.

 

8. ENTIRE AGREEMENT. DEGREE OF ACTION

 

8.1. This agreement (includes any documents supplementing or modifying this license agreement accompanying the DCL ) constitutes the entire agreement between the Client and the Copyright Holder regarding the DCL and technical support services (if any) and supersedes all prior or contemporaneous oral or written agreements, offers and representations regarding the DCL and any other provisions of this license agreement. In the event of any conflict between the provisions of the DCL and the Copyright Holder's technical support policy and the provisions of this agreement, this agreement shall prevail. If any provision of this agreement is held to be void, invalid, unenforceable or illegal, the remaining provisions of this license agreement shall remain in full force and effect.


8.2. In the event of a conflict between the terms of this agreement and the terms of any partnership agreement on DCL concluded between the Copyright Holder and the Client, the terms of such partnership agreement shall prevail, in all other respects the terms of this agreement and such agreement shall apply.

 

9. WARRANTY AND TECHNICAL SUPPORT

 

9.1. DCL is intended and provided as a library for creating three-dimensional furniture models in the specialized program "SketchUp", in the "as is" state with all the shortcomings that it may have at the time of provision. You agree that no DCL is error-free.


Provided that you have a valid license, the Copyright Holder warrants that:


9.1.1. Within 30 days from the date of obtaining a license to use the DCL, or within the shortest period permitted by law, the functioning of the DCL will generally comply with the documents accompanying the product. In case of detecting attempts to change the code or attempts of other unauthorized interference in the DCL, the warranty and any other obligations of the Copyright Holder are canceled.


9.1.2. Any technical support services provided by the Copyright Holder will generally correspond to the description contained in the relevant documents provided to the Client by the Copyright Holder, the technical support engineers of the Copyright Holder will use all reasonable efforts, reasonable care and professional skills to resolve problematic issues.


9.2. This warranty is void if the failure of the ROV is the result of negligence, mishandling, or misapplication of the ROV. Customer agrees that the above warranty is Customer's only warranty with respect to DCL and any technical support services.


9.3. Any maintenance of the sold DCL, including warranty, as well as consulting, troubleshooting, technical support, any other assistance of the Copyright Holder provided for by the terms of this agreement, is provided through the feedback form, access to which is provided at the email addresses and details specified in this agreement in accordance with the rules of the Copyright Holder.


9.4. The Copyright Holder does not provide any temporary replacement of the software or computer for the duration of the relevant works (according to the previous paragraph).


9.5. The copyright holder does not perform warranty work and does not provide technical support if:


9.5.1. The subscription period has ended or there are no technical support conditions in your tariff plan.


9.5.2. The described problem cannot be reproduced.


9.5.3. The question is asked in an incorrect form or the discussion of the question is not constructive.


9.5.4. The client is unable to provide the information necessary for the decision.


9.5.5. Solving the problem requires detailed diagnostics, a serious improvement in functionality, or the release of a DCL update.


9.5.6. Installing, updating or configuring the software occurred in violation of the developer's recommendations


9.5.7. Such work is due to the unsatisfactory operation of the program with other software installed and used on a computer illegally, without the appropriate licenses and permits required by law, if the computer is faulty or does not meet the minimum requirements for a computer by the program.


9.5.8. The DCL has been changed in any way (qualities, properties, functions, purpose, structure have been changed) in ways not provided for in the documentation for the DCL.


9.5.9. The DCL was damaged by other software, due to the properties of such software, in case of non-compliance of the hardware with the specifications required by the product.


9.5.10. The DCL was damaged by a computer virus, other malicious program, or damaged by the Client or third parties intentionally, as well as through negligence.


9.5.11. The question is outside the scope of technical support. For example, this concerns consultation or training in the basics of working in the "SketchUp" program or setting up third-party plugins.


9.5.12. The question relates to functionality that is provided by a third party service independent of the developer.


9.5.13. Before submitting the application, the Client was not familiar with the documentation section.


9.6. The Client may modify, add or delete any files of the acquired DCL, in accordance with the Kazakhstan Copyright Law. In this case, the Copyright Holder does not guarantee the uninterrupted operation of components and updates.


9.7. Customization and installation within the framework of warranty work is not performed and is regarded as a separate service.

 

10. LIMITATION OF LIABILITY

 

10.1. To the maximum extent permitted by law and except as provided by the warranty, the Copyright Holder and its suppliers shall not be liable for any loss and / or damage (including losses due to lost commercial profit, interruption of commercial and production activities, loss of data) arising from the use or inability to use the DCL, even if the Client has been notified of the possible occurrence of such losses and / or damage. In any case, the liability of the Copyright Holder under any of the provisions of this license agreement is limited to the amount actually paid by the Client to the Copyright Holder for the DCL.


These limitations do not apply to those types of liability that cannot be excluded or limited by law. The Copyright Holder shall not be liable under any circumstances for any loss of profit, damage, moral damage, losses and harm caused to anyone as a result of the use of the DCL, loss of information, etc., unless the intent of the Copyright Holder in causing the above consequences is proved.


If it is impossible to resolve the dispute or claims stated by the Copyright Holder amicably, the parties to this agreement have agreed on the jurisdiction of such a dispute at the location of the Copyright Holder. Applicable substantive and procedural law of the Republic of Kazakhstan. If the Clients have questions regarding this license agreement, or if they need to contact the Copyright Holder, they must use the Feedback Form or contacts on the page https://redkit.pro/en/contacts