You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Boris Zinchenko, then your use of this software indicates your acceptance of this license agreement and warranty.
BY USING THE SOFTWARE YOU ACCEPT THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT USE THE SOFTWARE, PROMPTLY RETURN THE ENTIRE PACKAGE INCLUDING THE UNUSED SOFTWARE, ALONG WITH YOUR ORIGINAL RECEIPT, TO YOUR PLACE OF PURCHASE FOR A FULL REFUND OF YOUR PURCHASE PRICE.
In return for our granting to you a license to use the Software contained in this package and the documentation included with it, you agree to the following terms and conditions:
1. Grant of License. The Software is the intellectual property of Econom-Exper Ltd. and its licensors, and is protected by law, including copyright laws and international treaties.
Boris Zinchenko grants to you a non-exclusive, non-transferable license to: (a) use the Software on a single computer at any one time; (b) physically transfer the Software from one computer to another; and (c) make a single copy of the Software solely for backup purposes. You must place the same proprietary and copyright notices on any copy of the Software as they appear on the original. You may not electronically transfer the Software from one computer to another over a network unless each node on the network has a valid paid license to use the Software. You may not transfer, sell, assign, rent, or distribute copies of the Software to others. Call or write Boris Zinchenko at the address below for information on network and site licenses.
2. Proprietary Rights. This Software is licensed, not sold, to you by Boris Zinchenko, for use only under the terms of this Agreement. As a licensee, you own the magnetic and/or optical media on which the Software is recorded, but Boris Zinchenko retains title to and ownership of the Software itself, and all copies of the Software, including the copy(ies) contained in this package.
3. No Other Rights. Except as stated above, this Agreement does not grant you any other right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises, or licenses with respect to the Software and documentation.
4. No Reverse Compilation. Except as specifically stated in Section 1, above, YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.
5. Term. This license is effective until terminated. You may terminate this license at any time by destroying the Software and its documentation together with all copies or modifications in any form. Boris Zinchenko will have the right to terminate your license immediately if you fail to comply with any term or condition of this Agreement. You agree that, upon anysuch termination, you will destroy the Software and its documentation together with all copies or modifications in any form.
6. Limited Warranty. Boris Zinchenko warrants to you that the Software will perform substantially as described in this user manual for a period of ninety (90) days from the date of purchase. If the magneticand/or optical recording media contained in this package are defective, Boris Zinchenko will replace it at no charge to you if you return it to Boris Zinchenko at the address below, with proof of purchase, within (90) days after you purchase it. Your soleand exclusive remedy, and Boris Zinchenko sole and exclusive liability, will be either replacement of the disk or a refund of the purchase price in accordance with this limited warranty. If for any reason you are dissatisfied with the Software, please return it to the place of purchase within ninety (90) days after you purchased it, along with original receipt, for a full refund of your purchase price.
THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE SOFTWARE MADE BY BORIS ZINCHENKO OR ANY THIRD PARTY INVOLVED IN THE CREATION,PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE.
BORIS ZINCHENKO AND ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ITS QUALITY, RELIABILITY, OR PERFORMANCE; OR ITS MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limit of Liability. BORIS ZINCHENKO IN NO EVENT SHALL OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THESOFTWARE OR ANY DEFECT IN THE SOFTWARE, EVEN IF BORIS ZINCHENKO OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event any liability is imposed on Boris Zinchenko or any third party involved in the creation, production, delivery or licensing of the Software, Boris Zinchenko or such third party's liability to you or any third party shall not exceed the purchase price paid for this product.
Some states do not allow limitations on the duration of an implied warranty or exclusion or limitation on liability for incidental or consequential damages; therefore, the limitations set forth in this warranty may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
8. Export. You acknowledge that the laws and regulations of the Russian Federation restrict the export and re-export of commodities and technical data of Russian Federation origin, including the Software and any medium containing it. You agreethat you will not export or re-export the Software or media in any form without the appropriate Russian Federation and foreign government license. You also agree that your obligations pursuant to this Section 8 will survive and continue after any termination of rights under this Agreement.
9. Choice of Law. This Agreement will be governed by the laws of the Russian Federation applied to transactions taking place wholly within Russian Federation between residents.
10. Integration. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT BY USING THE SOFTWARE YOU WILL BE BOUND BYITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN BORIS ZINCHENKO AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN BORIS ZINCHENKO AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT OR ANY DIFFERENT TERMS WILL BE ENFORCEABLE AGAINST BORIS ZINCHENKO UNLESS BORIS ZINCHENKO GIVES ITS EXPRESS CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT, IN WRITING, SIGNED BY BORIS ZINCHENKO IF ANY PROVISION OF THIS AGREEMENT IS HELD UNENFORCEABLE, THAT PROVISION WILL BE ENFORCED TO THE MAXIMUM EXTENT POSSIBLE AND THE REMAINING PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
ForeStock® is the registered trademark of Boris Zinchenko. All other trademarks are the property of their respective owners, and may be registered in the Russian Federation and/or other jurisdictions. Direct any questions concerning this Agreement, in writing, to:
Dr. Boris G. Zinchenko
Teply Stan 8 - 41
Moscow 117133, Russia
+7 (095) 339-28-58