1. Terms Used in This Agreement
«Trial Subscription», same as the «User Subscription», means free use of RMClient (provided by the Right Holder) by the User within 30 days, if the User, having created an account on http://rmclient.org/ (hereinafter referred to as the «website») and having activated a hyperlink received from the Right Holder to their e-mail, becomes automatically registered on the website, thus being able to install (download and install on their computer) RMClient for a free 30-day trial use.
«Subscription», same as «Paid Subscription» or «User Subscription» means paid use of RMClient (provided by the Right Holder) by the User upon the expiry of the free subscription term, according to the selected service plan that can be found on the Right Holder’s website. In case of non-payment, the subscription will be automatically canceled, but shall be automatically renewed once the User makes the payment.
«License Ke» is a special code sent by the Right Holder to the User’s e-mail to activate (start) and use the licensed RMClient according to the selected service plan.
«Single License Key for Companies» is a license key for using RMClient in more than one of the User’s computer systems.
«User Account» is a data collection required to buy, use or update RMClient. It includes User’s contact details, information on the selected service plan and the license key (single license key for companies).
2. Rights and Obligations of the User
2.1. The User shall have the following rights:
a) to use RMClient under the trial subscription with the subsequent right to use RMClient under the paid subscription according to the selected service plan;
b) to use a license key (single license key for companies) as per p. 2.2. hereof;
c) to change the selected service plan;
d) to cancel subscription by activating the «Cancel Subscription» hyperlink in the user account on PayPro website (the subscription period is limited depending on the selected period).
Note: In case of non-payment, the subscription will be automatically suspended and the license will be blocked until the Right Holder receives the payment. Upon the User-initiated subscription termination, the payment made by the User shall not be returned.
2.2. The User shall:
a) personally use the license key under their account (except for a single license key for companies);
b) not share the license key (single license key for companies) with other persons;
c) pay the subscription fee according to the selected service plan.
3. Rights and Obligations of the Right Holder
3.1. The Right Holder shall have the right to:
a) change the subscription fee and the payment procedure, reflecting such changes in service plans (such changes shall not relate to the service plans under which the payment for using RMClient has already been made);
b) change the subscription payment service (at the moment, subscription fees may be paid using PayPro Global e-commerce platform);
c) terminate the User’s subscription in case of breach of this Agreement by them, by notifying the User with an e-mail not later than 3 calendar days prior to such termination;
d) collect statistic data to maintain the record of licensed users with the purpose of improving the product quality and preventing pirating (statistic data does not include account passwords and accesses to the User’s server);
e) delete the User’s account in connection with the User’s subscription termination.
3.2. The Right Holder shall ensure the exercise of the User’s rights under p. 2.1. hereof.
4. Warranty Liabilities
The Right Holder guarantees that RMClient operation corresponds to its description provided on the official website (http://rmclient.org) and has all necessary qualities to ensure its proper operation with compatible software. RMClient shall be provided to the User according to «as is» principle adopted in international practice. This means that the Right Holder shall not bear responsibility for possible non-conformity of RMClient application results with the User’s expectations, as well as for the issues that may arise in the process of installation, update, support and operation of RMClient, including possible negative consequences resulting from RMClient incompatibility or conflicts with other software installed on the User’s computer.
5. Liabilities of the Parties
5.1. The User shall be fully responsible for activities taking place in their account and/or actions performed through or with the help of such User’s account. The User shall promptly notify the Right Holder of security breaches related to unauthorized use of their account, so that the Right Holder can take measures to prevent such unauthorized use.
5.2. The Right Holder shall not be liable for unauthorized use of account, as well as for damages or other consequences that may result from such unauthorized use of accounts (user name and password).
5.3. The Parties shall be relieved from responsibility for partial or complete non-fulfillment of obligations hereunder, if such non-fulfillment was the result of force-majeure circumstances.
6. Duration of the Agreement and Other Provisions
6.1. This Agreement shall come into effect from the moment of RMClient installation by the User, and shall be effective without the Parties' signatures until fulfillment of paragraphs 2.1. d) or 3.1. e) hereof.
6.2. This Agreement between the Parties shall be a single agreement and shall replace or cancel all previous arrangements between the Parties, if any.
6.3. This Agreement shall be governed by the international intellectual property legislation.
6.4. This License Agreement shall be valid without the Parties' signatures and shall come into effect at the moment of the User’s trial subscription.