Agreement on granting the right to use the computer program

1. SUBJECT OF THE AGREEMENT

1.1. The Rightholder shall grant to the User a non-exclusive sublicense to use __________ computer program (hereinafter referred to as the "Program") on __ computers with the rights to receive Standard internet package and to be hosted on the Rightholder’s server for 1 year.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The User shall be granted the right to install the Program on one back-end computer and on 5 IBM PC type computers connected to it, with the Windows operating system version not later than Windows XP by transferring (installation) of the Program to (on) a hard disk, and to operate it in compliance with the terms of this Agreement and the rules contained in the documentation.

2.2. The User shall not modify the Program or any of its individual components, and shall not use these components to create one’s own computer programs. 

2.3. The User's rights to the results obtained using the Program shall belong to the User.

2.4. The Rightholder shall hand over to the User all electronic files required for installation and operation of the Program (hereinafter referred to as the "Distribution package"). The documentation to the Program shall be available in electronic form and is an integral part of the Distribution package.

2.5. Upon the User’s request, the Rightholder shall provide free delivery of the Program’s Distribution package on electronic media, as well as free initial installation of the Program for the User within Moscow.

2.6. Should the Distribution package be lost by the User or damaged, the Rightholder agrees to provide the User with a new Distribution package through the Internet or by any other means available to the Rightholder within two working days from the date of receipt of the corresponding request from the User.

2.7. Should the new versions of the Program be released, the Rightholder shall provide the User with the updated versions of the Program through the Internet.

2.8. The Rightholder shall provide the User with the Program’s Internet module updates, which include the Internet module replacement in case of changes in the design or structure of any of the Internet sites supported by the Program.

2.9. The Rightholder shall provide technical support to the User over the phone or by email regarding the use of the Program. Responses to the User’s requests shall be given no later than two working days after receiving the request.

3. PRICE AND TERMS OF PAYMENT

3.1. The value of the right to use the Program which is to be granted amounts to RUB __. The mentioned above amount includes the fees for one-year provision of the services referred to in paragraphs 2.7-2.9 of the Agreement.

3.2. The value of the right to be granted to all new release versions of the Program (hereinafter referred to as the "Subscription") for the period after the first year amounts to RUB __  __ kopecks for each year. The mentioned above amount includes the fees for the provision of the services referred to in paragraphs 2.8-2.9 of the Agreement. The cost of hosting shall be agreed separately.

3.3. These amounts are not subject to VAT under Chapter 26.2 of the Tax Code of the Russian Federation. The payment shall be made against invoices issued by the Rightholder no later than thirty calendar days from the date of invoice.

3.4. The date of payment shall be considered the date of money funds writing-off from the User’s settlement account.

3.5. Within five working days from the payment date, the Rightholder shall hand over to the User the Program’s Distribution package. Upon the hand-over, the Parties shall sign a Deed of assignment of the right to use the program.

3.6. The cost of the subscription renewal shall be paid no later than the end of the previous period of the subscription. Upon the subscription renewal for the next period, the Parties shall sign a Deed of assignment of the right to use the program updates.

3.7. Should the User refuses to pay for another subscription period, the subscription shall be considered to be discontinued, and the User shall retain the perpetual right to use the latest version of the Program received by him. Furthermore, paragraphs 2.7-2.9 of the Agreement shall be terminated, and the use of the Program Internet module shall become impossible.

4. RESPONSIBILITIES OF THE PARTIES

4.1. The User and the Rightholder shall be liable for non-performance or improper performance of their respective obligations hereunder in accordance with the applicable laws of the Russian Federation.

4.2. The parties shall attempt to resolve disputes through negotiations. 

4.3. Should the Parties fail to reach an agreement regarding such disputes, the disputes shall be resolved by the Arbitration Court at the place of location of the respondent.

This Agreement is made in two copies having equal legal force, one copy for each Party. 

5. ADDRESSES AND BANK DETAILS OF THE PARTIES