End User License Agreement (EULA)

1. General Provisions

1.1. This License Agreement (hereinafter — «Agreement», «EULA») is a contract between TOO «Bektek» (BIN: 251140031036), hereinafter — «Licensor», and software user, hereinafter — «Licensee».

1.2. This Agreement governs relations related to use of software developed by Licensor (hereinafter — «Software», «Program»).

1.3. Installation, copying or other use of Software means full and unconditional acceptance of terms of this Agreement.

1.4. If you do not agree with terms of Agreement, you are not entitled to use Software.

2. Basic Concepts

In accordance with Law of the RK «On Copyright and Related Rights»:

• Computer Program — objective form of representation of set of data and commands intended for functioning of computers and other computer devices (Article 2 of Law)
• Copyright — exclusive right to reproduction, distribution and other use of work
• License — right to use Software on terms defined by this Agreement
• Licensor — right holder providing license
• Licensee — person receiving right to use Software

3. Subject of Agreement

3.1. Licensor grants Licensee non-exclusive license to use Software in accordance with terms of this Agreement.

3.2. Rights transferred under this Agreement:

• Right to reproduce (install) Software on Licensee's devices
• Right to use Software for functional purpose
• Right to receive updates during license term
• Right to receive technical support according to selected tariff

3.3. Territory of use: Republic of Kazakhstan and other countries, unless otherwise specified in product description.

4. Types of Licenses

5. Use Restrictions

In accordance with Article 16 of Law of the RK «On Copyright and Related Rights», Licensee is prohibited:

• To copy, distribute or transfer Software to third parties without Licensor's consent
• To modify, decompile, disassemble or perform reverse engineering of Software
• To remove or modify copyright notices
• To rent, lease or provide Software for lease
• To use Software to create competing products
• To use Software in violation of RK legislation
• To transfer license to third parties without Licensor's consent

6. Copyright

6.1. Software is subject to copyright and protected by legislation of Republic of Kazakhstan and international treaties.

6.2. All rights to Software, including source code, documentation, design and trademarks, belong to Licensor.

6.3. This Agreement does not transfer any ownership rights to Software to Licensee. Licensee receives only right to use within framework of provided license.

7. License Term

7.1. License term is determined by selected tariff and specified when purchasing Software.

7.2. Types of licenses by term:

• Perpetual License — right to use without term limitation
• Subscription — right to use for specified period (month, year) with possibility of renewal

7.3. Upon expiration of subscription term, access to Software and updates is terminated.

8. Warranties and Limitations

8.1. Licensor warrants that:

• Is right holder of Software
• Software meets stated characteristics
• Software does not contain malicious code

8.2. Software is provided «as is». Licensor does not warrant:

• Uninterrupted operation of Software
• Absence of errors
• Compatibility with all equipment and third-party software
• Compliance of Software with specific purposes of Licensee

9. Liability

9.1. In accordance with Article 49 of Law of the RK «On Copyright and Related Rights», copyright infringement entails civil, administrative or criminal liability.

9.2. Liability of Licensor is limited to amount paid for license.

9.3. Licensor is not liable for:

• Indirect damages, lost profits
• Data loss
• Damage caused by improper use of Software
• Actions of third parties

10. Termination

10.1. Agreement terminates in cases:

• Expiration of license term (for subscription)
• Violation by Licensee of Agreement terms
• Refusal of Licensee from using Software
• By agreement of parties

10.2. Upon termination of Agreement, Licensee must stop using Software and delete all its copies.

11. Updates and Technical Support

11.1. Licensor has right to release Software updates at its discretion.

11.2. Updates are provided within framework of active license/subscription.

11.3. Technical support is provided according to terms of selected tariff.

11.4. Licensor has right to collect anonymized and aggregated data on Software use (technical logs, error statistics, performance indicators), which do not allow identification of specific users, for analysis, improvement of Software functionality and training of internal models and algorithms of BEKTEK.

12. Dispute Resolution

12.1. Disputes are resolved through negotiations.

12.2. If agreement cannot be reached, dispute is submitted to court at Licensor's location in accordance with legislation of Republic of Kazakhstan.

13. Licensor Details