Important! Please read the following carefully before using the BIZDIAGNOSTICS software in any way. By using the software you consent to the terms of the License Agreement as set out below.
This License Agreement is a legally binding contract between you - the End User - and GK “Sovremennije Tekhnologii Upravlenija”. The subject of this Agreement is the use of the BIZDIAGNOSTICS PC software (hereinafter referred to as the Application) for a limited time. The Application represents an item of intellectual property and is protected by copyright law. If you do not accept the terms of this License Agreement, you do not have right to use the Application.
Definition of GK “Sovremennije Tekhnologii Upravlenija” is Gruppa Kompanij “Sovremennije Tekhnologii Upravlenija” LLC, registered office: 59 “V” Antonova-Ovseenko str., 1 floor, 443090 Samara, Russian Federation.
1. Subject of the Agreement
1.1. This License Agreement defines the manner of use and the rules governing the use of the Application by private individuals or organizations who have legally obtained the right to use it.
1.2. The purpose of the Application is organizational diagnostics.
1.3. The Application can be found on the Web at the following URL: www.bizdiag.com (hereinafter the “Application website”).
1.4. All terms specified below refer both to the Application as a whole and any of its components individually.
2. Exclusive Right
2.1. The exclusive right to the Application is owned by GK “Sovremennije Tekhnologii Upravlenija” (Certificate No. 2011618661 dated November 7, 2011). GK “Sovremennije Tekhnologii Upravlenija” guarantees that it has the right of absolute control over the Application (including any graphic images, text content, additional programs and other items of intellectual property constituting an integral part of the Application) as well as the right to exercise absolute control over any copies. The Application is protected by domestic legislation and international copyright agreements as applicable to the country of purchase.
2.2. The Application contains commercial secrets and other confidential information protected by copyright, international agreements and legislation of the country of application. Using the Application in violation of this License Agreement shall be considered a breach of current copyright legislation and constitutes a sufficient basis for revoking your right to use the Application.
3. Manner and Terms of Use
3.1. The Application may only be used by means of electronic communication via the Internet.
3.2. You have the right to use the Application in accordance with the relevant documentation you will find on the Application website. You understand and accept that Application features available to you depend on the type of License you have obtained.
3.3. Mandatory registration:
3.3.1. Registration is required in order to create an individual End User account and work with the Application. Registration should be completed by the End User on the Application website.
3.3.2. The registering person guarantees that he/she has the right and the authority to bind the End User to the terms and conditions of the License Agreement.
3.3.3. By registering the End User accepts the rights and obligations stipulated in this License Agreement.
3.3.4. During registration the End User chooses a password and receives an automatically generated login. Login and password are required to access the End User Profile.
3.3.5. All operations performed using the End User’s login and password are deemed to have been performed by the End User. GK “Sovremennije Tekhnologii Upravlenija” does not accept responsibility for unauthorized use of the Application by third parties using login and password of the End User.
3.4. You understand and accept that the Application may contain advertising material and that accepting this advertising is a mandatory condition for using the Application.
3.5. By using the Application you consent to the transfer, processing and storage of all uploaded data in the database of the Application.
3.6. In order to use the Application you agree to provide your personal details and consent to these being processed under the terms and for the purposes of this License Agreement.
3.7. You agree to disclose your company name and contact details (for legal entities) or personal details (for private individuals) to GK “Sovremennije Tekhnologii Upravlenija”.
3.8. GK “Sovremennije Tekhnologii Upravlenija” reserves the right to update, improve and modify the Application or its components without notifying or consulting the End User.
3.9. GK “Sovremennije Tekhnologii Upravlenija” reserves the right to use the results of the End User’s work with the Application, as well as the results obtained from other End Users, for the purposes of researching companies’ management culture. GK “Sovremennije Tekhnologii Upravlenija” guarantees that under no circumstances will it disclose the End User’s name, the results obtained by the End User or any other specific personal information in any publicly accessible research results.
3.10. The scope of this License Agreement does not include matters of the necessary Internet access, of purchase and set up of the necessary hard- and software, which shall be your responsibility and be handled by you independently.
4. Confidentiality of End User Data
4.1 The Application secures the End User's personal information and assessment results against unauthorized access.
4.2. You are personally responsible for the safety and security of the login and password to your account as well as the Application access keys of the employees of the company being diagnosed. GK “Sovremennije Tekhnologii Upravlenija” does not accept any responsibility and does not guarantee security of information you enter into the Application database in the case of:
- transfer of the login, password or access keys to third parties (willfully or negligently);
- third party access to the Application by means of a login, password or key hacking software;
- third party access to the Application by means of brute-force login, password or keys cracking.
4.3. You shall immediately inform GK “Sovremennije Tekhnologii Upravlenija” of any unauthorized use of your login, password or keys or any other security breach.
4.4. GK “Sovremennije Tekhnologii Upravlenija” does not accept any responsibility for the security of your login, password or keys, if you use forms on external websites to access the Application.
4.4. Your login and password may be recovered only if the original data specified during registration at www.bizdiag.com is re-entered correctly and in full.
5. Limitations
5.1. All conditions for the use of the Application are set out in this License Agreement unless otherwise specified in a separate agreement between you and GK “Sovremennije Tekhnologii Upravlenija”.
5.2. GK “Sovremennije Tekhnologii Upravlenija” reserves the right to amend this License Agreement. The End User is entitled to reject any amendments or changes to the Agreement which constitutes the End User’s refusal to use the Application.
5.3. Disseminating the Application is not allowed. Dissemination is defined, inter alia, as: providing third party access to any kind of copies of the Application or its components, including selling, lending, leasing, loaning or gifting.
5.4. You are prohibited from using the Application to send unsolicited bulk e-mail messages (SPAM). If you do send such messages, you are to compensate GK “Sovremennije Tekhnologii Upravlenija” for any damages caused.
5.5. You agree to refrain (and to cause third parties to refrain) from the following:
5.5.1. copying, reproducing, modifying, selling, publishing, disseminating the Application content in whole or in part unless explicitly stipulated in the accompanying documentation,
5.5.2. disassembling, decompiling (transforming object code into source code) the Application and its components except when explicitly allowed by current legislation,
5.5.3. modifying the Application, including altering the Application’s object code,
5.5.4. transferring the right to use the Application to third parties,
5.5.5. deleting, altering or hiding any copyright notices, trademarks and any other proprietary rights notices contained in the Application.
6. The Basic Application License
6.1. Any appropriately registered End User is granted a license called Basic.
6.2. The right to use the Basic license is granted for the period of 1 year.
6.3. GK “Sovremennije Tekhnologii Upravlenija” does not guarantee the safety of your data on the Application website after the Basic license has expired.
6.4. GK “Sovremennije Tekhnologii Upravlenija” reserves the right to premature termination of the Basic license without assigning reason for doing so.
7. Termination of the Agreement
The License Agreement may be terminated without any liability on the part of GK “Sovremennije Tekhnologii Upravlenija, if you fail to follow the terms and limitations hereof.
8. Warranties and Compensation
8.1. You understand and agree that the Application is provided on “as is” basis. GK “Sovremennije Tekhnologii Upravlenija does not guarantee that the Application is free from any errors or that the obtainable results will be accurate and reliable, and does not bear any responsibility for direct or indirect losses, including the loss of expected profit and the loss of confidential data, incurred as a result of using the Application.
8.2. GK “Sovremennije Tekhnologii Upravlenija does not guarantee that the Application will serve your purposes and meet your requirements, nor does it guarantee that the Application will operate in combination with any hard- and software of other vendors.
8.3. GK “Sovremennije Tekhnologii Upravlenija does not provide any guarantees concerning the Application, its operating capability, or suitability for a particular application, notwithstanding that such guarantees are usually provided in accordance with good business practices.
By using the Application the End User unconditionally accepts the terms of this License Agreement.
