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1.1 These Terms of Use (the “Terms”) are intended to govern the services provided to you by MonGray, LLC (“MonGray”). Please read these Terms carefully before using any MonGray information resource (the “Site”). If you do not agree with at least one of the conditions, please do not use this Site.
1.2 MonGray provides you with access to various resources, technical support and information about software products (collectively referred to as “Services”). These Terms govern the use of any additions or improvements to the current Services, including the newly created MonGray resources.
With regard to your use of the Services, you are fully responsible for: (a) providing reliable, accurate, relevant and complete information about yourself upon request in the form of registration for the Services (“Registration Data”) and (b) maintaining and updating the Registration Data in a timely manner, so that they remain reliable, accurate, current and complete. You are solely responsible for the security of your password. MonGray is not responsible for any unauthorized use of the Site or Services. If the information you provide is incorrect, inaccurate, irrelevant or incomplete, or MonGray has sufficient grounds to suspect the incorrectness, inaccuracy, irrelevance or incompleteness of such information, MonGray may block or delete your account and refuse to use the Services (or part thereof) in present or future tense.
Use of the Services implies compliance with the following confidentiality conditions:
3.1 You acknowledge that by using the Site you can access certain MonGray confidential information (“Information”). You agree to keep the information in strict confidence and can provide the Information to your company employees only in case of emergency. You may use the Information from the Site solely for the purpose of acquiring, maintaining and supporting your MonGray products. Information titles remain with MonGray and its suppliers. You personally or on behalf of your employer accept the terms of Section 3. In addition, if you act on behalf of your employer, your employer agrees to indemnify you in case of violation of the conditions of Section 3.
3.2 You do not receive any rights to information, with the exception of the limited right to use the Information, as described above.
3.3 Any violation of the Terms will lead to irreparable harm to MonGray, compensation for losses from which cannot be considered an adequate remedy, therefore, in addition to its rights and remedies provided by law, in case of such a violation, MonGray will receive the right to judicial remedies fairness protection, including both a temporary and perpetual injunction. You waive any 2 requirements for a deposit or other guarantees if MonGray seeks such an injunction.
3.4 Your obligations with respect to Information will expire five (5) years after the date of disclosure. After termination of the Agreement or at the written request of MonGray, you must stop using the Information and return or destroy all Information.
3.5 These conditions do not imply any obligations for you with respect to Information by which you can provide sufficient legal evidence that: (a) you knew or had information before it was received from MonGray, without obligation to maintain confidentiality ; (b) Information is or becomes available to the public not because of your actions or omission, as well as without violation of these Terms; (c) you received information from a third party that had the right to disclose the Information and had no obligation to keep such information secret; (d) you independently developed without using the Information and without the participation of individuals who had access to the Information or (e) in response to a valid warrant of a court or other state authority, in accordance with other requirements of the law or, if necessary, establish the rights to either of the parties to this Agreement, as well as if the disclosure occurred after prior notice sent to MonGray and which provided MonGray with the opportunity to object to the disclosure.
MonGray may report changes to the Terms or other provisions by posting notices or links to notifications on their respective web pages. MonGray reserves the right at any time to change, suspend or terminate the provision of the Services (or any part thereof) with or without notice. MonGray, at its sole discretion, may revoke your password, refuse to use the Services or any other MonGray services due to violation of the Terms of Use. Termination of your access to the Services may be implemented without prior notice, and MonGray may immediately deactivate or delete your account and all relevant information. MonGray is not responsible to you or any third party for terminating, changing or blocking the Services.
Except as prohibited by law, MonGray shall under no circumstances be liable to you for any indirect, indirect, punitive, incidental or punitive damages, including loss of profits, even if MonGray has been warned of the possibility of such damages. If, in spite of other provisions of these Terms of Use, it turns out that MonGray is liable to you for any damage or loss caused or related to your use of the Site, the obligations of MonGray may under no circumstances exceed the total amount of payment for subscription or similar fees related to any service or function of the Site and paid within six months before the date of the initial lawsuit against MonGray (this amount does not include the purchase price of any MonGray hardware or software products).
You agree to indemnify MonGray, its employees, managers, shareholders, legal successors, successors, employees, agents, subsidiaries and affiliates in respect of any losses, liabilities or expenses (including attorneys' fees) incurred by MonGray from a third party due to result or in connection with your use of the Site.
7.1 Services or third parties may provide links to other websites or Internet resources. Due to the fact that MonGray does not control such sites or resources, you acknowledge and agree that MonGray is not responsible for the availability of such external sites or resources, and is not responsible for the correctness and is not responsible for any materials, advertising , products or other materials posted to or available from such sites or resources. MonGray is not liable, directly or indirectly, for any loss or loss caused or which could be caused or connected with the use or trust in any such materials, goods or services available on such sites or resources.
7.2 The site may contain links to other websites that are out of control and not supported by MonGray. MonGray is not responsible for the content of such sites. MonGray provides these links to you for convenience only, and the inclusion of any such links to sites does not imply support for these sites from MonGray
8.1 Services and any software (including any downloads available on the Website or otherwise provided by MonGray) used in connection with the Services (the "Software") contain personal and confidential information that is protected by relevant intellectual property laws and other laws. Except where express permission is obtained from MonGray, you agree not to modify, lease, sell, distribute or create derivative works based on the Services or the Software in whole or in part.
8.2 All Materials posted on this Site are provided by MonGray and are copyrighted by MonGray. Except as otherwise provided herein, copying, reproducing, distributing, republishing, downloading, displaying, posting or transmitting in any form or by any means of any Materials, including but not limited to electronic, mechanical, photocopying and other means, is not permitted without prior written permission from MonGray. Reproduction or transfer of any components of the Site, including logos, graphic data, sounds and images, in any way or by means without the prior written permission of MonGray is not allowed. You also cannot create “mirrors” of any Materials posted on this Site or any other server without prior written permission from MonGray.
8.3 The authority to display, copy, distribute and download the MonGray Materials under this Site is granted on the following conditions: (1) The materials contain the following copyright notice, as well as the list of permissions specified here (2) The materials will be used exclusively in personal, non-commercial and for informational purposes and will not be copied or posted on network resources, as well as 4 distributed through any media, except as expressly permitted by the current license for such materials; (3) No changes will be made to the Materials. In case of violation of any of these conditions, this power automatically and without notice becomes invalid. After the expiration of the term of office, you undertake to immediately destroy all downloaded or printed Materials..
9.1 Terms are the entire Agreement between you and MonGray and govern your use of the Services, replacing any previous agreements between you and MonGray (including, but not limited to any previous versions of the Terms). Additional terms and conditions may apply to you that may apply when you use other MonGray services, third-party content, or third-party software. You must not assign or otherwise transfer the Terms, as well as any rights granted under these Terms.
9.2 MonGray monitors and controls this Site from its headquarters in Russia and makes no representations that these Materials are relevant or available for use in other regions. If you use this Site from other regions, you are responsible for compliance with applicable regional laws, including but not limited to export and import regulations adopted in other countries.
9.3 This Site may contain inaccuracies or typographical errors. MonGray may improve and / or make changes to the products, services, programs and prices listed on this Site at any time without notice. The site periodically undergoes changes. MonGray may amend these Terms at any time by posting the amended terms on this site.
9.4 Failure or impossibility to enforce any rights or provisions of these Terms by MonGray does not constitute a waiver of such rights or provisions. If, by a decision of a court of competent jurisdiction, any provision of the Terms is invalidated, the parties nevertheless agree that the court should make every effort to bring into action the intentions of the parties reflected in the provision, as well as that the remaining provisions of the Terms retain full force and effect. Notwithstanding any laws or laws that state otherwise, any claims or claims arising out of or in connection with the use of the Services or the Terms must be filed within one (1) year after the occurrence of such claims or claims or must be terminated forever. The headings of the sections of the Terms are for convenience only and have no legal or contractual effect.
9.5 These Terms constitute the entire Agreement regarding the use of the Site and supersede any earlier or existing, conflicting or additional arrangements.
