END USER LICENSE AGREEMENT

This End User License Agreement (hereinafter referred to as the "EULA") constitutes the terms of use for the website https://getapper.pro/ (hereinafter referred to as the "Website") and an offer to conclude a license agreement granting non-exclusive rights to use the software.

The Administrator of the Website https://getapper.pro/ (hereinafter referred to as the "Service Administrator", "Licensor") hereby offers any legally competent individual, hereinafter referred to as the "Licensee", to enter into an agreement under the terms set forth in this offer by accepting it in the manner specified below.

TERMS AND DEFINITIONS

  1. "License Agreement" – an agreement governing the use of the Software within the limits established therein, concluded between the Licensor and the Licensee upon the latter's acceptance of this Offer.
  2. "Licensor" – a party to the License Agreement holding proprietary rights to the Software and granting the Licensee the right to use the Software within the limits and methods specified in Section 2.1 of the License Agreement.
  3. "Licensee" – a party to the License Agreement accepting the right to use the Software within the limits and methods specified in Section 2.2 of the License Agreement and agreeing to the terms of the Privacy Policy available at: https://getapper.pro/privacy-policy.
  4. "Software" – The "GetApper" software, which constitutes a set of specialized tools designed to enhance the efficiency and convenience of the Licensee's personal computer operations on the Internet and its configuration according to parameters defined by the Licensee. The Software performs the following functions:
    • Selection of third-party software products from the catalog for download from the official website of the rights holder and their subsequent installation;
    • Selection of a folder on the Licensee's hard drive for saving downloaded software;
    • Allows installation of software in both manual and automatic modes;
    • Downloads software from the catalog in a multi-threaded mode to accelerate performance;
    • Enables software installation on the Licensee's operating system.
    The Software provides access exclusively to original copies of software products freely and lawfully distributed by their rights holders (developers) from their official websites or other open, public sources on the Internet, or sent to the Service Administrator's email address from the official email of the software's rights holder (developer).
  5. "Simple (Non-Exclusive) License" – the grant to the Licensee of the right to use the Software under the terms of this License Agreement. The Licensor reserves the right to grant licenses to other parties.

SUBJECT OF THE LICENSE AGREEMENT. USE OF THE SOFTWARE

  1. The Licensor grants the Licensee a non-exclusive license to use the Software within the limits and methods specified in this License Agreement.
  2. The non-exclusive license for the use of the Software granted to the Licensee under this License Agreement includes the right to:
    • Install the Software on an unlimited number of personal computers;
    • Use the Software, limited to the rights of launching and configuring it.
    The Licensee does not have the right to transfer the rights obtained from the Licensor to third parties.
  3. The Software may be used in any territory.
  4. The Licensee's use of the Software under this License Agreement for personal, non-commercial purposes is free of charge.
  5. By downloading the Software, the Licensee agrees to the terms of this License Agreement and undertakes to comply with them unconditionally. When installing third-party software using the Software, the Licensee agrees to strictly adhere to the license terms of the respective rights holders (developers) of such software products.
  6. The Licensor reserves the right to modify the Software.
  7. The Licensee shall not:
    • Modify, decompile, disassemble, decrypt, or perform any other actions with the object code of the Software to obtain information about the algorithms used in the Software;
    • Alter the operation of the Software;
    • Create derivative works based on the Software;
    • Engage in any other unauthorized use of the Software without the Licensor's written consent.
  8. The Licensor does not provide any warranties regarding the error-free or uninterrupted operation of the Software, its suitability for the Licensee's specific purposes or expectations, or any other warranties not expressly stated in this License Agreement.
  9. The Website may contain links to third-party resources, for the availability or content of which the Service Administrator bears no responsibility.

LIABILITY OF THE PARTIES

  1. The Licensee and the Licensor shall be liable for failure to fulfill or improper fulfillment of their obligations under the License Agreement in accordance with applicable law.
  2. The Licensor shall not be liable for:
    • Actions of Website users related to the use of the Software that violate applicable laws and/or the terms of this License Agreement;
    • The reliability, quality, failures, errors, or speed of the Software, or the security of information created, used, or obtained by the Licensee during the use of the Software or software downloaded using the Software;
    • Any use by the Licensee of outdated versions or releases of the Software or software downloaded using the Software, as well as any modifications or updates made without the prior consent of the Licensor or the rights holder (developer) of the respective software product;
    • Failures in telecommunication or power networks, the spread and impact of malicious software, or malicious actions by third parties aimed at unauthorized access and/or disruption of software/hardware systems, resulting in the unavailability, malfunction of the Software, or unauthorized access, deletion, or modification of information related to the operation and use of the Software;
    • Actions or omissions of third parties engaged by the Licensor to provide related services, including telecommunications providers;
    • The reliability, quality, and speed of third-party equipment, communication channels, or software/hardware;
    • The reliability, proper functioning, failures, or errors of the Licensee's devices, operating systems, or third-party software/hardware used during the operation of the Software;
    • Any damages, including lost profits, loss of programs or data in the Licensee's information systems, arising from the use or inability to use the Software, including due to potential errors or malfunctions in the Software. The Licensee assumes all risks associated with the use of the Software
  3. The Licensee agrees to independently settle any claims by third parties related to their use of the Software at their own expense. The Licensor shall not be liable for damages, including lost profits, caused by the transmission of malicious software or other unlawful content by third parties.

TERM OF THE LICENSE AGREEMENT

  1. This License Agreement enters into force upon the Licensee's download and installation of the Software (acceptance of the License Agreement) and remains in effect until the Software is uninstalled by the Licensee.
  2. This License Agreement applies to all subsequent updates/new versions of the Software. By agreeing to download and install an update/new version, the Licensee accepts the terms of this License Agreement for such updates/new versions, unless the update/installation is accompanied by a requirement to accept a new License Agreement.

DISPUTE RESOLUTION

  1. In the event of any disputes or disagreements related to the execution of this Agreement, the Parties shall make every effort to resolve them through negotiations.
  2. By submitting a claim regarding infringement of intellectual property rights, the Licensee or user assumes responsibility for any misrepresentation to the Licensor regarding the alleged infringement.

MISCELLANEOUS

  1. Matters not covered by this License Agreement shall be governed by applicable law.
  2. This EULA and all relations arising from the use of the Software shall be governed by the laws of the Licensor's jurisdiction. Any claims or lawsuits arising from this EULA or the use of the Software shall be filed and adjudicated in the court at the location of the Service Administrator.
  3. The Service Administrator reserves the right to unilaterally amend this EULA. Notice of changes to the terms of this License Agreement will be published on the Website at: https://getapper.pro/license/. Such changes shall take effect upon publication, unless otherwise specified.