This Quotation (hereinafter referred to as the “Quotation”) is presented to the Licensee in accordance with the Article 435 of the Civil Code of the Russian Federation; and considered to be the Licensor’s written proposal to the Licensee to conclude this License Agreement (non-exclusive license) by accepting the Quotation in the prescribed manner (paragraph 3 of article 438 of the Civil Code of the Russian Federation); and satisfies the requirement to draw up the agreement in writing (paragraph 3 of Article 434 of the Civil Code of the Russian Federation). The terms and definitions used in this Quotation have the following meanings:
Licensor shall mean a person with exclusive software rights.
License Agreement is an agreement between the Licensor and the Licensee, which allows and restricts the Licensee’s use of the software. The Licensee shall unconditionally accept the terms provided for in the License Agreement from the moment they start using the software. The License Agreement can be found at https://elma365.com/la/.
Terms of Quotation: 1. The subject of the License Agreement is the provision by the Licensor of a non-exclusive right to use the computer software (software) specified in the Quotation and/or extending rights to use the software.
2. The remuneration of the Licensor under the License Agreement is the amount indicated in the Quotation.
3. The essential condition for concluding the License Agreement is full one-time payment by the Licensee of the Quotation amount, which will be considered the only possible due acceptance of the offer (paragraph 3 of article 438 of the Civil Code of the Russian Federation). Payment of the Quotation amount without specifying the Quotation number and/or payment made by the third party, or upon expiration of the Quotation is not allowed and shall not be considered as an acceptance of this offer, unless the Licensor, at its discretion, recognized such payment as a due offer acceptance.
4. The Licensor guarantees that it is a legitimate owner of the rights granted to the Licensee under the License Agreement.
5. One License entitles the Licensee to use one Account in the manner provided for in the License Agreement. The License does not permit to sublicense third parties. By accepting this offer, the Licensee confirms that it is duly informed and agrees with the provisions, requirements, and restrictions of the License Agreement for all relevant software specified in this Quotation.
6. Payment under this Quotation shall be credited to the Licensor’s settlement account within 10 (ten) calendar days from the Quotation date (Quotation validity period).
7. The non-exclusive right to use the computer software shall be granted to the Licensee, the day the payment is credited to the Licensor’s settlement account (delivery and acceptance date).
8. Within 5 (five) business days from the delivery and acceptance date, the Licensor places in the Licensee’s account an image of the Delivery and Acceptance Certificate duly signed by the Licensor.
9. The rights to use the software are granted for the period which is determined as follows:
The period of use specified which is indicated next to the software name and the amount of remuneration
10. The Licensee shall not infringe the copyright of the Licensor.
11. Any disputes that may arise between the Licensor and the Licensee in connection with this offer and / or the License Agreement are subject to consideration at the location of the Licensor.