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LICENSE AGREEMENT
This license agreement (hereinafter referred to as a License Agreement) is a legal agreement, completed between you (physical or legal entity, hereinafter referred to as User) and the authors of a method for estimating antiquarian objects, pieces of art and collecting, which is a licensed TES method (hereinafter referred to as a Product), Tamoykin Mikhail, Tamoykin Dmitrij, hereinafter referred to as Authors or any other entity, who would legally obtain the right to own the License, hereinafter referred to as the License Holder. The Product may have documents, which would complement or modify the License Agreement. By using the Product, you shall accept the regulations of this License Agreement. The Product may be only used (licensed) not sold.
While reading and accepting the terms and conditions of this License Agreement, please note that the requirements of the Authors and the License Holder differ.
In case you do not accept the terms and conditions of this License Agreement, do not use this product.
License extent: the License Holder provides you with the following rights under the condition that you will follow all the regulations and conditions of this License Agreement:
The right to use the Product is given to only one User. The Product cannot be sold, submitted for a temporal use, leased or rented to any third parties. The Product License is impartible and it must not be used by several Users at the same moment.
User obligations: During the process of obtaining the license to use the TES method and accepting this agreement, the user is obligated: 1. To send the License Holder (or the Authors) the information about each and every Act of value expertise in accordance with TES method, given to user’s client (this includes the name of the expertise object, references to substance and the authors of other expertise documents as well as TES calculating formulas together with their conclusions on market price of the expertise object; or a copy of the issued Act). A corresponding registered record in the Data Bank of the License Holder (or Authors) shall be recorded under a code number of such an Act. Only this way registered Acts shall be fully legally valid in order to accept responsibility regarding the price expertise, performed using the TES method. A document registered by the License Holder (or Authors) shall be only the document that has been assigned a code number in the Data Bank, having informed the sender about such an assign of a code number and having placed this code on a site of the License Holder (or Authors). The information must be sent to the License Holder (or Authors) no later than the date of issue of Act of price expertise, performed using the TES method.
2. To transfer to the Authors’ account an amount of money, the commission of which is 5% of an amount, received from each and every client for providing conclusions of the expertise, performed using the TES method, no later than 1 month from the moment the client transfers the money. Other possible ways of payment, not relating to the conditions of the cooperation between the Authors and the User – i.e. between the User and the License Holder, must be discussed separately, not in this License Agreement.
The License rights, provided by this License Agreement, shall be valid for one calendar year (365 days) from the moment the license agreement is signed. The license agreement expiry date is indicated in the documents that the License Holder provides the User with, after he fulfils all the requirements.
License agreement shall enter into force from the moment the money are transferred into the account, indicated below by the License Holder.
Rights preservation. All the rights, not clearly discussed in this License agreement, shall pertain to the License Holder. This license shall not empower you to use separate components of the product if it is not related to this License Agreement. The License Holder and the Authors separately, shall have the right to audit the user’s activity without notification and in case there are any violations, they shall have a right to lay claim to you (accusation, complaint) in accordance with the regulations of this License Agreement. If you do not comply with the requirements of the License Holder or the Authors, stated in this License Agreement, the License Holder shall have the right to divest you of your right to use the Product and to make you reimburse material and moral damage brought to the License Holder and the Authors, in accordance with corresponding legislation.
Renewal. Upon the termination of this License Agreement, the User shall not have the right to use the Product. In case the User requires to continue using the Product, he must acquire the right to use the Product for a new term in accordance with the stated order. The extension of the term of use (if the User does not provide any claims) after the first year of using the Product, gives the User a right to make a new License Agreement (under the same terms) for the period of 3 years. Upon the termination of this cooperation of the License Holder and the User, the License Agreement may be completed for 5 years. In this case, this User is provided with documentation of a higher level of recognition.
Termination of the License Agreement. Without bringing any damage to the rights of the License Holder, the License Holder shall have a right to terminate this License Agreement if you do not comply with terms and conditions as well as regulations. Furthermore, the License Holder shall have a right to terminate this License Agreement in an unilateral order in case the User intentionally or in any other way brings discredits on the Authors, the License Holder and (or) the Product. In this case the money that you have transferred shall not be returned.
Academic license. If you are the User, a legal entity, specifically: national museums, art galleries, college and any other institution or organization, the activity of which is subsidized by the government of your country, you shall have a right to complete an Academic License Agreement, according to which the right to use the License Agreement is given to not more than 10 users at the same time (natural persons), who shall have the right to use the Product in accordance with the employment agreement with your institution, from the moment the License Agreement is obtained.
Elimination of accidental, indirect or any other types of damage. Under no circumstances shall the Authors, the License Holder as well as their providers be responsible for any damage or accidental damage, penalties, sanctions, indirect or mediate damage (including lost profit or lost confidential or any type of information), inattentively caused damage, any other type of damage and other real or non-real damage that may arise due to illegal use of the Product even if the License Holder has been informed about the possibility of such a damage.
Referring to websites of the third parties. The License Holder and the Authors shall not be responsible for the reliability of any information about Product, License Agreement or other information, related to the Authors, the License Holder of their product or to any other additional data, which may be found in websites of other than Authors or License Holder, parties. Should you detect any unauthorized cases of copying the Product (fully or partially), please do not hesitate to inform the Authors or the License Holder about such facts. The violators of the copyrights shall be applied legal sanctions and they shall have to fully reimburse the damage.
Restriction of responsibility and the amount of reimbursement. Irrespective of the types and reasons of damage or loss that you might have experienced (including all the cases stated above), the maximum amount of responsibility of the Authors and License Holder in accordance with any License Agreement shall not exceed the value of the rights to this License Agreement. However, this provision shall not be applied to other documentation, which has been signed by the parties on their own free will (the User and the License Holder or Authors) not in this License Agreement.
Extent of the License Agreement. This License Agreement (including any documents, complementing or modifying this License Agreement) conveys a complete agreement between you (the User) and the License Holder regarding the Product and modifies all the previous or simultaneously made, orally or in writing, agreements regarding the Product.
The product is protected by law and international agreements on copyright, by License and other intellectual property rights. All the property rights, copyrights and other intellectual property rights related to the Product belong to the Authors or the License Holder.
Financial responsibility. The User bears financial responsibility towards the Authors and the License Holder with reference to the terms and conditions of this License Agreement. In accordance with this License Agreement, the Authors, the License Holder and the User are not responsible for the financial relationships, based on other documents, related to the Product, and these financial relationships only function in the sphere of the relationships of the parties that have signed such documents. In case the Authors do not indicate the License Holder due to territory (country, region, state, province, district, etc) of the commercial use of the Product (or in case no Product License document corresponding to the legislation of that territory /country/ is supplied) the User must admit the Authors as License Holders and transfer the money to the Authors account. In case the License Holder changes while the License to use the Product, which has been obtained by the User and which is valid in a certain territory (country) is in force, this shall not change the financial responsibility of the User regarding the amount of the contributions to the Authors (License Holder) until the date of expiry of the License.
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If you completely agree with the regulations and the terms and conditions of this License Agreement, acting on your own free will, under no force, completely understand the terms and conditions of this License Agreement, please press “I accept” button; afterwards, fill in the form regarding the purchase of rights to use the Product and transfer the initiation fee to the account of the License Holder. Moreover, please do not forget to transfer the money to the accounts of the Authors on time in the future – 7% of commissions for every commercial use of the Product. You will be sent the documentation (which shall certify your legal right to hold the User License) by a registered letter. The information about this will be sent to you to your email address or postal address, which will be indicated by you in your filled-in form.
Should you require changing parties’ responsibility regarding the conditions of the use of the Product in your territory, you shall have a right to introduce your own version and individually contact the Authors or the License Holder. However, contacting the Authors or the License Holder does not guarantee your offer will be accepted.
Special conditions, stated in a separate Agreement shall be estimated by the Authors and the License Holder only after signing an Agreement on transfer of Exceptional rights to a specific party (territory). We suggest such category of Users to read “What’s new” section, where the Authors publish the information about the reservation and acquisition of the right of some of our partners to use the product.
The right of every User to use the Product shall be hold for 1 year.
The initiation fee which has to be transferred to the License Holder shall be:
• 75 EUR (for natural person)
• 200 EUR (for Academic license agreement)