Public offer

The Limited Liability Company "PCS Analytics" (hereinafter referred to as the Licensor), represented by the General Director Daniil Sergeevich Novitskii, acting on the basis of the Charter, publishes these terms, which are a public offer (offer) for the conclusion of a license agreement for the provision of a right of exploitation (nonexclusive licence) of the computer program "Digital Platform "Investment Projects" and/or for the provision of a right of exploitation (nonexclusive licence) of the computer program "System for forecasting the consumption of building materials" (hereinafter referred to as the Software).

  1. TERMS AND DEFINITIONS, USED IN A LICENCE AGREEMENT.
    1. Licensee — an organization that acquires the right to use the Software for their own needs.
    2. Software — computer programs that are objects of copyright and protected in accordance with the legislation of the Russian Federation (Articles 1225, 1259, 1260, 1261 of the Civil Code of the Russian Federation). Exclusive property rights to the Software belong to the Licensor (certificate of state registration of the computer program No. 2021616911 of 28.04.2021; certificate of state registration of the computer program No. 2021619988 of 21.06.2021).
    3. The Parties are the Licensor and the Licensee, collectively referred to in the text of this license agreement.
    4. Account — the Licensee's personal account located in the information and telecommunications network "Internet" at the address with the domain name investprojects.info (hereinafter referred to as the Website). Authorization in the Software and access to the Account are possible by login/password.
    5. Account activation – access to the paid functionality of the Software.
    6. Data Access via API is a method of accessing to the Software by HyperText Transfer Protocol Secure (HTTPS) in automatic mode that is used for interaction of computer programs.
  2. SUBJECT OF THE LICENCE AGREEMENT.
    1. Under this agreement, the Licensor undertakes to transfer, and the Licensee undertakes to accept and pay for a right of exploitation (nonexclusive licence) of the Software.
    2. The full and unconditional acceptance of this offer for the conclusion of a license agreement for the provision of a right of exploitation (nonexclusive licence) of the Software is the payment by the Licensee of the amount of the license fee specified in the payment invoice.
    3. Under this agreement, the Licensor grants the Licensee the right to use the Software in the following ways:

      - reproduction of the graphical part (web interface) on the Licensee's output device;
      - integration with the Licensee's information system, in case of using data access via API.

  3. LICENSE COST AND PAYMENT PROCEDURE.
    1. The amount of the license fee is determined in the payment invoice, which specifies: the details identifying the Licensor; the details identifying the Licensee; the number and date of the payment invoice; the name of the Software; the period for which a right of exploitation (nonexclusive licence) of the Software is granted; the validity period of the payment invoice; the name of the position, signature and transcript of the signature of the Licensor's representative; the Licensor's seal.
    2. The amount of the license fee is not subject to VAT on the basis of clause 2 of Article 346.11 of the Tax Code of the Russian Federation.
    3. The license fee is paid by the Licensee on the terms of full prepayment, unless otherwise specified in the payment invoice, by non-cash transfer of funds to the Licensor's current account.
  4. RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The date of fulfillment by the Licensor of the obligations to transfer to the Licensee a right of exploitation (nonexclusive licence) of the Software is the date of receipt of the amount of the license fee to the Licensor's current account, unless otherwise specified in the payment invoice.
    2. The Licensor activates the account and at the same time notifies the Licensee of the specified event at the email address specified by the Licensee when registering on the Site.
  5. RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The Licensor undertakes to form and send to the Licensee an act of acceptance and transfer of a right of exploitation (nonexclusive licence) of the Software within thirty working days from the date of sending the notification of account Activation to the Licensee.
    2. The Licensor undertakes to ensure the round-the-clock operation of the Software during the period for which the Licensee is granted a right of exploitation (nonexclusive licence) of the Software.
    3. The Licensor has the right to temporarily suspend the provision of the right to use the Software for technical, technological or other reasons that prevent such provision, for the period of elimination of such reasons.
    4. The Licensor undertakes to conduct training on the use of the Software within the period agreed with the Licensee; the training is conducted through the Internet information and telecommunications network.
    5. The Licensor may restrict access to the Account if he finds out that the Licensee has obtained access to the data through the API.
    6. The Licensor has the right to make changes to the terms of this license agreement at any time at its discretion. The changes made by the Licensor come into force from the date of posting the changes on the Site.
    7. The Licensee undertakes to use the Software exclusively for its own needs. The transfer of the Account to third parties, as well as the dissemination of the information provided on the Site in any way, including reprinting and/or publishing in full and/or abbreviated form, is not allowed without the consent of the Licensor.
    8. The Licensee has the right to receive information support on the use of the Software by calling the multi-channel number 8 (800) 700-48-99 or e-mail address info@investprojects.info.
    9. The Licensee has the right to send proposals for adding functionality, modifying or upgrading the Software to the e-mail address info@investprojects.info.
  6. RESPONSIBILITY AND GUARANTEES OF THE PARTIES
    1. The Licensor is not responsible for direct and/or indirect losses (including lost profits) resulting from the use of the Software.
    2. The Licensor is released from liability for partial or complete non-fulfillment of obligations under this license agreement, if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of this license agreement as a result of extraordinary events that the Licensor could not have foreseen and prevented by reasonable measures. Force majeure circumstances include events that the Licensor cannot influence and is not responsible for: an earthquake, flood, fire, strikes, violent or military actions of any nature, decisions of state authorities that prevent the implementation of this license agreement.
    3. The Licensee guarantees that before accepting this offer for the conclusion of a license agreement for the provision of a right of exploitation (nonexclusive licence) of the Software, he has familiarized himself with the functionality of the Software.
    4. The Licensee guarantees that he has access to the information and telecommunications network "Internet" at a speed of at least 1 (One) megabits per second for the entire period for which the Licensee is granted a right of exploitation (nonexclusive licence) of the Software.
    5. The Licensee guarantees that at the moment of acceptance of this offer for the conclusion of a license agreement for the provision of a right of exploitation (nonexclusive licence) of the Software, he is aware that the refund of the license fee amount after the transfer of Account data to the Licensee is not provided for in this license agreement.
    6. The Licensee guarantees that under no circumstances will it reverse engineer, disassemble, modify, decompile, or perform other transformations of the Software.
    7. he Licensee is liable in accordance with Article 1301 of the Civil Code of the Russian Federation in case of violation of clause 6.6 of this license agreement.
    8. In all matters not regulated by this license agreement, as well as in resolving disputes arising in the course of its execution, the Parties are guided by the current legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory for the Parties. The Party that received the claim is obliged to send a reasoned response to it to the other Party no later than ten working days from the date of receipt of the claim. In case of failure to reach an agreement, the dispute is submitted for consideration to the Arbitration Court at the Licensor's location.
  7. OTHER CONDITIONS
    1. If the Licensee provides personal data, the Licensee instructs the Licensor to perform the following actions with the Licensee's personal data: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, provision, blocking, deletion, destruction of personal data.
    2. The Parties recognize the legal force of electronic documents signed using an enhanced qualified electronic signature, on a par with documents signed on paper. When the Parties use electronic document management, duplication of documents on paper is not performed.
  8. COMPANY DETAILS
    «PCS Analytics» Company Limited
    Taxpayer Identification Number (INN) 7840093772
    Tax Registration Reason Code (KPP) 784001001
    Primary State Registration Number (OGRN) 1207800129460
    Legal (actual) address: 191119, Saint-Petersburg, 82 Marata str., letter Ch, room 2.2-7
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