This software is dual-licensed under the LGPL version 3 or under the Licence Agreement. Recipients can choose the terms under which they want to use or distribute the software.
Copyright © BIA-Technologies Limited Liability Company (OOO)
https://www.gnu.org/licenses/lgpl-3.0.html
On granting a non-exclusive right to use open source software
BIA-Technologies Limited Liability Company (OOO), registered and operating under the laws of the Russian Federation, state registration date November 6, 2014, under the main state registration number (OGRN) 1147847386906, registered in the Interdistrict FTSI (Federal Tax Service Inspectorate) of Russia No. 23 on Saint-Petersburg (TIN (taxpayer ID number) 7810385714, RRC (registration reason code) 781001001), hereinafter referred to as the "Licensor", represented by the Director General Sergey Sergeevich Barykin, acting under the Charter, guided by paragraph 1 of Article 1286.1 of the Civil Code of RF (Russian Federation), provides the user (hereinafter referred to as "the Licensee") on the basis and under the terms of this licence agreement (hereinafter the “Agreement”) the non-exclusive right to use the Lowkiq open source software:
1.1. The Licensor provides the Licensee, in the manner and on the terms set forth in this Agreement, the right to use (license) the Lowkiq open source software (hereinafter - the "Software").
1.2. The source code for the software is available on the website located in the Internet telecommunication network "Internet" at the address: https://github.com/bia-technologies/lowkiq.
1.3. Software characteristics, that individualize it as a unique result of intellectual activity:
1.3.1. Functionality: Server for the streamlined parallel processing of Ruby background tasks.
1.3.2. Requirements for working with the software: Redis >= 3.2 is required to work with the Library
1.4. The licensor guarantees, that it is the copyright holder of the exclusive right on the software, that is not alienated, not mortgaged and not challenged.
1.5. The software is not registered with the federal executive authority for intellectual property.
1.6. The right to use (license) granted to the Licensee under this Agreement is non-exclusive. The Licensor reserves the right to grant licenses to other parties.
1.7. The right to use the software (license) is issued from the moment the Licensee joins the terms of this Agreement in electronic form.
1.8. Under this Agreement, the use of the Software by the Licensee is allowed all over the world.
2.1. Under this Agreement, the Licensor grants the Licensee the right to use the software in the following ways:
- reproduction (full or partial), that is, the production of one or more copies of the software or its part in any tangible form, including, but not limited to, recording the software on an electronic media, including writing to the memory of the Licensee’s computer, without restrictions on the number of such computers;
- distribution by any means and in any ways of software copies through the Licensee’s internal LAN, on the Licensee’s computer, among the employees of the Licensee, related to it with labor and (or) civil - law relations.
3.1. The assignment of a copy of the software to the Licensee is carried out by downloading a copy of the software by the Licensee fro the website, located in the Internet telecommunication network “Internet” at the address: https://github.com/bia-tech/lowkiq.
4.1. The licensor undertakes:
4.1.1. assign to the Licensee the software free of the rights of third parties, in the manner prescribed by this Agreement, in a condition that allows its use on the terms of this Agreement, no later than the day the Agreement is concluded;
4.1.2. refrain from any action that could impede the Licensee from exercising the rights granted to him under this Agreement;
4.1.3. comply with confidentiality in accordance with section 8 of this Agreement.
4.2. Licensee undertakes:
4.2.1. at the request of the Licensor, provide him with the opportunity to get acquainted with accounting and other documents containing information about the use of the software;
4.2.2. at the request of the Licensor, provide a report on the use of the software in accordance with this Agreement in the time and manner specified in such a requirement;
4.2.3. comply with confidentiality in accordance with section 8 of this Agreement.
4.3. Licensee has the right:
4.3.1. carry out actions, necessary for the functioning of the software (including during use in accordance with the purpose), including recording and storing in memory of an unlimited number of Licensee's computers;
4.3.2. study, research, test the functioning of the software for the purpose of its use in accordance with this Agreement.
Application of the provisions of clause 4.3. of this Agreement shall not contradict the normal use of the software and shall not infringe in any other way the rights and legitimate interests of the Licensor.
5.1. Compensation for using the software under this Agreement is not pad by the Licenseeo the Licensor on the basis of paragraph 1 of clause 3 of Article 1286.1 of the Civil Code of RF.
6.1. Exclusive rights to the software, all modules compiling the software, copied and / or included in all softwares, provided to the Licensee under this Agreement, or in its part, as well as all documentation related to the software, belong to the Licensor.
6.2. The Licensee may not use the software not on its own behalf, and also may not use the software in ways not established by this Agreement.
6.3. The Licensor confirms that at the time of signing this Agreement, he does not know anything about the rights of third parties, that could be violated by granting the Licensee a non-exclusive right to use the software under this Agreement.
6.4. The Licensor will assist the Licensee in the consideration of claims of third parties related to the use of the software, in case of receipt of information about such claims from the Licensee. In the event of receipt of information on the filing of such a claim, the Licensee shall immediately inform the Licensor of all claims made by the plaintiff and provide all information that he has regarding such a dispute.
7.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
7.2. The use by the Licensee of the software in a manner not provided for by this Agreement, or after the termination of the Agreement, or otherwise - beyond the rights, granted to the Licensee under the Agreement, shall entail liability for violation of exclusive rights to the result of intellectual activity, established by the current legislation of the Russian Federation.
8.1. The parties are exempted from liability for full or partial failure to fulfill obligations under this Agreement,if such failure is the result of emergencies (“force majeure circumstances”), which include riots, prohibitive actions of authorities, natural disasters, fires, catastrophes and other emergencies that the Parties cannot influence. The parties will consider the document issued by the authorized body of state power and (or) the corresponding chamber of commerce to be proper evidence of the presence of the emergencies.
8.2. The parties are obliged to notify each other in writing about the existence of emergencies within 3 (three) days from the date of their discovery.
9.1. All disputes and disagreements that may arise between the Parties on issues that have not been resolved in the text of this Agreement will be resolved through negotiations (in the complaint procedure) in accordance with the current legislation of the Russian Federation. The term for responding to a claim is 14 (fourteen) calendar days.
9.2. If the dispute is not settled during the negotiations, the disputes are referred to the Court at the location of the Plaintiff
10.1. This Agreement is considered concluded and comes into force from the moment the Licensee joins its terms in electronic form (clause 2 of Article 434 of the Civil Code of the Russian Federation). The term of this Agreement may not exceed the term of the exclusive right to software.
10.2. The non-exclusive right to use the software received by the Licensee shall terminate upon the early termination or termination of this Agreement.
10.3. In case of violation by the Licensee of any obligation under this Agreement, the Licensor has the right to send a written notice to the Licensee demanding that this obligation be performed. In case of failure to fulfill or improper fulfillment of such an obligation within 3 (three) calendar days after the receipt by the Licensee of the written notice, this Agreement may be terminated by sending a notice of unilateral cancellation of this Agreement from the Licensor the Licensee . In this case, the Agreement shall be deemed to have expired upon the expiration of 3 (three) calendar days from the date a receipt of such notification.
10.4. After the termination of this Agreement, the Licensee shall immediately cease using the software and continue to not use it. Within 5 (five) business days from the date of termination or denouncement of the Agreement, the Licensee must destroy all copies of the software received under this Agreement.
10.5. Termination of the Agreement does not relieve the Licensee from the fulfillment of the obligation to pay fees in accordance with this Agreement
11.1. None of the Parties has the right to assign their rights and obligations under the Agreement to third parties without the written consent of the other Party.
11.2. In all other aspects, which are not provided by this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
11.3. When activating and using the software, the Licensee agrees with all the terms of this Agreement, and also agrees to the transfer, receipt and processing of the personal data.
LICENSOR:
OOO BIA- Technologies (Limited Liability Company)
Statutory Seat and the postal address: 196084, Russian Federation,
g. Saint-Petersburg, pr. Moskovskiy, d.94, lit. A, pom. 12- H
OGRN 1147847386906
TIN/ 7810385714
RRC/ 781001001
Name and email address of the representative:
Sergey Staskov
[email protected]