License Agreement
This License Agreement (hereinafter referred to as the "Agreement") is an official offer from Foreign Enterprise Limited Liability Company "LANGAME" Tashkent, Chilanzar district, Katta Chilonzor-1 MSG, 1 quarter, house 50, apartment -1,2
TIN 310900551 (hereinafter referred to as the "Licensor").
The Licensor publishes this Agreement, which is a public offer (proposal) to provide access to the use of the "LANGAME Software" and other related services. This Agreement is concluded between FE LLC "LANGAME" and any individual or legal entity (hereinafter referred to as the "User").
This Agreement may be amended by FE LLC "LANGAME" without prior notice and approval. The current version of the offer is available at any time at https://langame.global/offer
Please read this License Agreement carefully, as any use of the "LANGAME Software" and receipt of services means full acceptance of the terms described in this public offer.
In case of disagreement with the terms of this Agreement, the User has the right not to conclude it and thereby refuse to use the "LANGAME Software" and receive services.
- 1. Basic terms
- Langame Software (Langame Software, Software) — the "LANGAME Software" program for computers (both as a whole and its components), presented in an objective form as a set of data and commands, including source code, databases, audiovisual works included by the Licensor in the specified program for computers, as well as any documentation for its use.
LANGAME Software is a software package for managing the LANGAME computer club, which includes the ability to manage, collect, record information, and generate statistics. - Use of Langame Software — the use of functional capabilities and/or launch in the manner determined by the user (technical) documentation and this Agreement.
- User — a registered and authorized user by the Licensor, who has the ability to purchase licenses and manage the provided licenses for the use of LANGAME Software for each personal computer (device). The Licensee is always a User, otherwise the use of the license is technically impossible, however, not every User is a Licensee, since the User may not have active licenses for the use of LANGAME Software at a given time.
- Licensee — a user who has a valid license to use LANGAME Software.
- Account (personal account) — this is the User's personal page, which is created after the User's registration by the Licensor and the provision of licenses for each device on which LANGAME Software is used. In the Account, the User manages licenses, their distribution, and accounting.
- Account record — a record in the Licensor's system (a pair of login/password or a special API key), storing data that allows identifying and authorizing the User.
- Technical support — activities carried out by the Licensor within the limits and volumes established by him to ensure the functioning of LANGAME Software, including informational and consulting support for the Licensee on issues related to the use of LANGAME Software.
- Registration — the action of the Licensee aimed at creating an Account, carried out in the manner and for the purposes provided for by the license in accordance with this Agreement.
- API (Application Programming Interface) — an interface for interacting with the system with third-party applications using public methods published by the Licensor.
- Website / Licensor's Website — the Licensor's websites, located on the Internet at https://langame.global/
- Langame Software (Langame Software, Software) — the "LANGAME Software" program for computers (both as a whole and its components), presented in an objective form as a set of data and commands, including source code, databases, audiovisual works included by the Licensor in the specified program for computers, as well as any documentation for its use.
- 2. Subject of the agreement
- The Licensor grants the Licensee a simple non-exclusive license to use LANGAME Software within its functional capabilities by reproducing the program (connecting to LANGAME Software via the Internet), without the right to sublicense to third parties.
- This Agreement is concluded before the start of using LANGAME Software and is valid for the duration of the license term and in the territory established by this Agreement, subject to the proper compliance by the Licensee with the terms of this Agreement.
- 3. License fee
- The Licensee pays the Licensor a license fee. The amount of the license fee is calculated individually based on the needs of the Licensee, the number of devices for using LANGAME Software, and the functional capabilities of LANGAME Software required by the Licensor. The license fee for the corresponding reporting period is indicated in the invoice and is determined by the Tariffs posted on the website.
- The fee for providing licenses is not subject to VAT, due to the application of the Simplified Taxation System, in accordance with the current legislation of the Republic of Uzbekistan.
- The Licensee pays the license fee within a period not exceeding three working days from the date of the invoice provided by the Licensor. The Licensor has the right not to provide access rights to the functional capabilities of LANGAME Software to the Licensee until the license fee is received.
- The cost of the license is paid by the Licensee to the Licensor's bank details specified in the invoice. The cost of the license can be paid by the Licensee through a payment aggregator, in which case the payer bears the costs of the transfer commission.
- The Parties expressly agreed that they may agree on payment terms: the amount of the license fee, the procedure for its payment, as well as provide for a trial period, discounts on an individual basis. If the Parties agree on these individual terms, they are reflected in the corresponding invoice, the payment of which is the Licensee's acceptance of the terms set out in the corresponding invoice.
- The Act on the provision of a non-exclusive license (hereinafter referred to as the "Act") is automatically generated in the Licensee's Account after the receipt of the license fee.
- The Licensee's signature on the Act is not required, it is considered accepted after three working days from the date of formation, the Parties expressly agreed that the specified file containing the seal and signature of the authorized person of the Licensor is sufficient without subsequent sending of the original.
In addition, unconditional confirmation of the proper fulfillment of its obligations by the Licensor for the reporting period and unconditional acceptance of the Act in full is the payment by the Licensee of the invoice issued by the Licensor for the license fee for the next reporting period.
The Parties accept the reporting period as a period equal to one month of using LANGAME Software.
- 4. Terms of use of Langame Software
- The Licensee (User) is solely responsible for the security of the password chosen by him, as well as for ensuring the confidentiality of his password. The Licensee is solely responsible for all actions/inactions (as well as their consequences) within or using LANGAME Software under his Account, including cases of voluntary transfer or non-compliance with the confidentiality of access data to his account by third parties on any terms (including under contracts or agreements). At the same time, all actions within or using LANGAME Software under the Licensee's account are considered to be performed by him, except for cases that occurred after the Licensor received from the Licensee, sent in the manner provided for by this Agreement, a notification of unauthorized use of LANGAME Software under the Licensee's account or any violation (suspicions of violation) of the confidentiality of his password.
- The Licensee must immediately notify the Licensor of any unauthorized access to LANGAME Software using his Account and/or any violation (suspicions of violation) of the confidentiality of his password. For security purposes, the Licensee must independently ensure the safe termination of work under his account at the end of each session of working with LANGAME Software. The Licensor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the Licensee's violation of the provisions of the Agreement.
- If the Licensor detects a violation by the Licensee of both the terms of this Agreement and the norms of the current legislation, the Licensor notifies the Licensee of the specified violations, if the violations are not eliminated within three working days, the Licensor has the right to block the Licensee's Account, including all content.
- API access restriction. No more than 10 API requests per second can be made from one Account. In case of suspicious activity through the API, the Licensor has the right to block API access for the Licensee's account.
- The Licensee (User) is not entitled to perform actions that may result in: a) disruption of the Licensor's equipment and network; b) disruption of LANGAME Software or limitation of other users' ability to use LANGAME Software; c) unauthorized access to LANGAME Software, as well as information and computing and network resources of the Licensor; d) causing or threatening to cause damage to third parties, including by posting information and links to network resources, the content of which contradicts the current legislation of the Republic of Uzbekistan.
- The Licensee is not provided with the opportunity and the right to modify LANGAME Software.
- The Licensee independently ensures the availability of equipment and the installation of LANGAME Software, in accordance with the technical requirements set out in the documentation and recommendations of the Licensor, as well as access to the Internet.
- The Licensee guarantees that he has all the necessary rights to all data, computer programs, or services that he uses in connection with the use of LANGAME Software, and that such actions do not violate the rights of third parties.
- The Licensee is not entitled to use LANGAME Software in ways other than those specified in this Agreement, as well as to copy, sell, and resell it or access to it, except in cases where the User has received such permission from the Licensor.
- LANGAME Software is provided on an "as is" basis and the Licensor does not guarantee that all its functional capabilities will meet the expectations of the Licensee and can be applied for his specific purpose. However, at the request of the Licensee, and upon reaching the relevant agreements between the Parties, the Licensor adapts LANGAME Software for the Licensee, while the adaptation does not imply significant changes to LANGAME Software, its functional capabilities, modules by the Licensor.
- The Licensor does not initiate and does not control the placement of any information by the Licensee in the process of using LANGAME Software, does not affect its content and integrity, and at the time of placing the specified information does not know and cannot know whether it violates the legally protected rights and interests of third parties, international treaties, and the current legislation of the Republic of Uzbekistan.
- By accepting the terms of this Agreement, the Licensee, represented by the representative specified in the preamble of the Agreement, in accordance with the Law of the Republic of Uzbekistan "On Personal Data" dated 02.07.2019 No. ZRU-547, expresses his consent to: the provision of his personal data, including: surname, first name, patronymic, email address, contact phone number, region, city, organization, position for their processing by the Licensor. The Licensee independently collects personal data of subjects whose data he processes when using the license and guarantees to the Licensor that he has received the appropriate consents for the processing of personal data from the subjects of personal data. At the same time, the Licensee undertakes to notify the subjects of personal data about the processing of their personal data, including: surname, first name, patronymic, email address, contact phone number, region, city, organization, position by the Licensor. Consent to the processing of personal data is given for the duration of this Agreement, including the periods of storage of documents provided for by the current legislation and applicable regulations. Consent to the processing of personal data may be withdrawn by sending the relevant notification to the Licensor's address: langameglobal@gmail.com The Licensor undertakes to ensure the confidentiality and security of the processed personal data in accordance with the requirements of the Law of the Republic of Uzbekistan "On Personal Data" dated 02.07.2019 No. ZRU-547.
- The Licensee understands and agrees that in the event of the withdrawal of this consent, he loses the ability to use part or all of the LANGAME Software services.
- The Licensee agrees to receive advertising and informational messages regarding the functionality, products, and services of the Licensor and its partners via email, which he indicates during registration.
- The Licensee is directly responsible for the content of the Account, the data created and maintained by the Licensee. The Licensor does not carry out preliminary control over the content of the information posted and/or distributed by the Licensee, however, when the placement and distribution of such information contradicts the law, the Licensor notifies the Licensee of this fact, who must immediately take measures to eliminate the violations. If the Licensee does not eliminate the violations within three working days, the Licensor has the right to block or delete the corresponding Account and data.
- The Licensor does not provide the Licensee with communication services, does not organize the possibility of access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for receiving, processing, storing, transmitting, delivering telecommunications messages.
- 5. Technical support
- The Licensor provides Technical support to the Licensee on issues related to the functionality of LANGAME Software, features of operation on standard configurations of supported operating systems to the extent necessary for the normal functioning of LANGAME Software during its use by the Licensee.
Requests for Technical support must be sent by the Licensee to the email address langameglobal@gmail.com or by a message from the Licensee in the technical support chat created for each Licensee individually, a link to the current chat for the corresponding Licensee can always be viewed in the "Help and Contacts" section. - The Licensee has the right to contact the Licensor's Technical support service.
- To provide Technical support, the Licensor has the right to require the Licensee to provide information regarding account data, technical characteristics of the equipment, and other information necessary for providing Technical support.
- The Licensor provides Technical support to the Licensee on issues related to the functionality of LANGAME Software, features of operation on standard configurations of supported operating systems to the extent necessary for the normal functioning of LANGAME Software during its use by the Licensee.
- 6. Responsibility of the parties
- The Parties are responsible for non-performance or improper performance of their obligations under the offer in accordance with the legislation of the Republic of Uzbekistan.
- If errors are found in the use of LANGAME Software, the Licensor will take measures to correct them as soon as possible. The Parties agree that the exact time frame for fixing the error cannot be established, as LANGAME Software closely interacts with other third-party software, operating systems, and hardware resources of the Licensee's computer, and the operability and time to fix problems do not fully depend only on the Licensor.
- In case of actions by the Licensee prohibited by the norms of this Agreement, the Licensor has the right, without explanation and any notification to the Licensee, to take measures to identify and prevent the specified violations.
- In case of violation by the Licensee of the terms of clause 3.3. of this Agreement, the Licensee undertakes to compensate the Licensor for the damage incurred by the latter. The payment of compensation for damages is made by the Licensee on the basis of a written request from the Licensor within a period not exceeding 5 (five) working days from the date of receipt of the corresponding request.
- The Parties are released from liability for non-performance of obligations under this Agreement if such non-performance is the result of force majeure circumstances, that is, such extraordinary circumstances beyond the control of the parties, arising after the conclusion of the Agreement, which the parties could not foresee and/or prevent by reasonable measures. The Parties notify each other of the occurrence of such circumstances within a period not exceeding three working days from the date of their occurrence. In the absence of notification of the occurrence of force majeure circumstances, the Party loses the right to refer to the non-performance of its obligations due to their occurrence. The fact of the occurrence of force majeure circumstances must be confirmed by a competent authority.
- The Licensor is not responsible for non-performance or improper performance of this Agreement, resulting from failures in telecommunications and energy networks, failures in the operation of hosting on the Licensee's side, actions of malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and/or disabling the Licensor's information system in the absence of the Licensor's fault in the specified circumstances.
- In all other respects not provided for in this Agreement, the responsibility of the Parties is regulated by the current legislation of the Republic of Uzbekistan at the time of the violation.
- The Licensor's liability under this Agreement is limited to the amount of the license fee for the corresponding reporting period in which the violation occurred.
- 7. Validity, amendment, and termination of the agreement
- On all issues not regulated by this Agreement, the Parties are guided by the current legislation of the Republic of Uzbekistan.
- In case of violation by the Licensee of the terms of this Agreement on the use of LANGAME Software, the Licensor notifies the Licensee of the identified violations, in case of ignoring the specified notification by the Licensee within 3 (three) working days from the moment of receiving the notification from the Licensor and not eliminating the violations, the Licensor has the right to unilaterally terminate this Agreement.
- The Licensor sends a notification of the violation in one of the following ways:
- a) by email to the email address of the Licensor specified during registration;
- b) by informing the Licensee by sending a message to the personal account;
- c) by informing the Licensee by sending a message to the chat specified in clause 6.1 of this Agreement;
- When sending a notification by the methods specified in subparagraphs a, b, and c of clause 8.2.1, the notification is considered delivered on the next business day from the date of its sending by the Licensor. When sending a notification by the method specified in subparagraph d of clause 8.2.1, the notification is considered delivered from the moment of the delivery mark according to the tracking number system of the corresponding operator.
- Upon termination of this Agreement by any party and for any reason, the Licensee and users using LANGAME Software under sublicenses are required to completely cease using LANGAME Software. Upon termination of this Agreement, the license fee paid up to that point is non-refundable.
- If any provisions of this Agreement are found to be invalid, the Agreement continues to be effective in the remaining parts.
- All disputes under this Agreement, the Parties strive to resolve through negotiations, and if they cannot be resolved, the Parties resolve disputes in the Arbitration Court of Tashkent.
- Compliance with the claim procedure is mandatory for the Parties. The Parties have agreed that a claim can be sent through the following communication channels: by registered mail through the Post, through the User Account, and/or by sending a claim to the Parties' email addresses.
for sending to the Licensee: the email address specified by him during registration
for sending to the Licensor: langameglobal@gmail.com - The Licensee is not entitled to transfer his rights under this Agreement or assign them without the written consent of the Licensor.
- 8. Confidentiality
- Any information transmitted orally or in writing related to the execution of this Agreement, including but not limited to negotiations and correspondence between the Parties concerning this Agreement and LANGAME Software, as well as other products and services of the Licensor, the terms of this Agreement, is confidential information and shall not be disclosed by the Parties to third parties without the prior written consent of the other Party (obtained in each specific case), except as expressly provided by the Agreement and/or the current legislation of the Republic of Uzbekistan. In case of violation by the Licensee of the obligation specified in this clause of the Agreement and/or in case of disclosure of confidential information, the Licensee shall compensate the Licensor for the damages incurred and pay a penalty of 50,000,000 (fifty million) soums.
- The Parties, both during the term of this Agreement and after its termination for any reason, are obliged to take sufficient measures to protect confidential information to prevent unauthorized access by the other Party and/or the receipt of such confidential information by third parties. Information for which confidentiality is required, as specified in this Agreement, may be disclosed by either Party only to those persons who need such information for the purposes of executing this Agreement. Before receiving this information, such persons (including directors and employees of the Party) must be informed of the confidential nature of such information and must confirm in writing their agreement to comply with the terms of this Agreement. In case of disclosure of confidential information by a person to whom such information was provided by the Licensee, the Licensee is responsible for such disclosure in accordance with clause 9.1 of the Agreement.
- 9. Other Provisions
- Upon registration, for the purpose of proper exchange of legal information and validity of this Agreement, the User fills out a questionnaire containing information about the User, their organizational and legal form, name, TIN, location address (legal address), actual address, and other information as provided in the specified questionnaire. In case of changes to the data provided by the User in the specified questionnaire, the User is obliged to notify the Licensor within five calendar days from the date of such change.
- In the case of signing the above documents through EDM using EDS, the exchange of originals of documents on paper with handwritten signatures of the authorized representatives of the Parties is not required, except for sending originals of claims, responses to claims within the framework of pre-trial dispute resolution, for which sending originals of the specified documents (claims/responses to claims) on paper by postal means (registered mail with an inventory of contents and delivery notification) or personally under signature is mandatory.
- This Agreement terminates any agreements previously reached on the subject of this Agreement between the Parties from the date of entry into force.
- References to "Articles" and "clauses" are references to articles and clauses of this Agreement, unless otherwise explicitly stated in the Agreement;
- The headings of Articles are provided solely for convenience and should not be taken into account when interpreting the Agreement;
- All applications, additional agreements, and supplements to the Agreement are its integral parts;
- Terms used in the Agreement and not defined in Article 1 should be interpreted in accordance with the definition of such terms given in the Civil Code of the Republic of Uzbekistan;
- Words denoting only the singular also include the plural and vice versa, depending on the context.
- The legal relations of the Parties under the Agreement are determined and regulated in accordance with the current legislation of the Republic of Uzbekistan.
- Licensor Details
- LLC «LANGAME»
- TIN 310900551
- Legal address
- Tashkent, Chilanzar district, Katta Chilonzor - 1 MSG, 1st quarter, house 50, apartment - 1,2
Account number: 20214 000 1 05716197 001 - Bank MFO: 01136
- Branch name: Yashnabad branch of JSCB «Kapitalbank»