ATTENTION: Prior to installation of this Browser Software “Elements Browser” (hereinafter referred to as the Software) you should carefully read this license agreement. Following installation of Software, exclusive rights to which are vested in the resource owner of https://downloadelements.com/ (hereinafter referred to as the Service Administration or the Rights Holder), the Internet user (hereinafter referred to as the User) (jointly referred to as the Parties) thereby confirms his agreement with all the terms hereunder. If the agreement terms are unacceptable for the User, the User shall refrain from installing the Software and/or delete/deinstall it from its personal computer (device).
1. General provisions
1.2 Studying and adhering to provisions and requirements of the License Agreement is obligatory and indispensable condition for Software.
1.3 The User expressly agrees with the License Agreement terms and shall observe them unquestionably.
1.4 The Software is a computer program, which is a version of Chromium-based Internet browser. It is a set of special tools for more convenient and efficient working of your PC in the Internet and settings with customized parameters.
1.5 Using the Software hereunder for personal non-commercial purposes is free of charge.
1.6 The License Agreement shall be construed in accordance with and governed by the laws of the Russian Federation. The Parties agree that all disputes or claims arising out or in connection with this License Agreement shall be subject to the jurisdiction of a court competent at Rights Holder’s place.
2. Using the Software
2.1 Download and installation of the Software on its personal computer (License Agreement accept) implies the User’s full and unreserved consent with all the terms hereunder.
2.2 Using the Software is allowed in a manner set forth hereunder. In case of User’s disagreement with individual terms of the License Agreement, the User shall not use the Software. Using the Software while breaching (failing to fulfill) one of the License Agreement terms is forbidden.
2.3 The User has a right to download and install the Software on an unlimited number of personal computer devices. When installing on a PC, each item is assigned an individual identifier, which is automatically reported to the Rights Holder.
2.4 Except for using in the extent and in a manner explicitly provided hereunder and/or in accordance with the User’s country legislation.
2.5 The User shall not change, decompile, disassemble, decode and take other actions with Software object code for the purpose of obtaining information on the realization of algorithms used in the Software, change Software functioning, create derivative works using the Software, as well as carry out (permit carrying out) other usage of the Software without Rights Holder’s written consent.
2.6 The Software shall be provided under as is terms. The Rights Holder shall not provide any guarantees regarding fault-free and continuous operation of the Software, meeting specific goals and expectations or the User, as well as shall not provide any other guarantees not expressly provided hereunder.
2.7 The User shall use the Software in its own discretion and at his own risk.
3.1 The Rights Holder shall not bear responsibility for:
- Users’ actions in connection to the Program use taken place in violation of applicable legislation and/or terms hereunder;
- Reliability, quality, failures, errors and operation speed of the Program and for safekeeping of information the User creates, uses and gets while using the Program;
- For any User’s use of any obsolete versions and releases of the Program, as well as any of its modifications and updates made without Rights Holder’s prior consent;
- For failures in telecommunication networks and/or power networks, for spreading, using and effects of malicious software, as well as frauds aimed at unauthorized access and/or disabling software and/or hardware system resulting in nonavailability, misfunctioning of the Program or illegal access, deletion or modification of information related to Program functioning and using;
- For failure to act or actions of persons hired by the Rights Holder to provide services, including communications providers;
- For actuality, adequacy and legality of information reported by extensions (inclusive of Add-ons) and/or Host module, provided that such information was provided by third parties;
- For reliability, quality and operation speed of equipment, communication channels, software and hardware belonging to third parties;
- For reliability, correct operation, errors and failures of users’ computers, operating systems, software and/or hardware created by third parties and used during Program functioning.
3.2 The Rights Holder shall not bear responsibility for any loss, including loss of profit, or unavailability of its use, including attributed to the Software use possible errors or malfunction of the Program. The User shall assume responsibility and all the risks attributed to the Software use.
3.3 The User shall settle any claims of third parties arising in connection with the Program use on his own and at his own expense. The Rights Holder shall not bear responsibility for damage, including loss of profit, resulting from sending malicious software and other illegal content to third parties.
4. Terms of Software separate functions and options use
4.1 The User shall be provided with the following opportunities in the context of the Software use:
- To use the Program for its intended functional purpose, whereby to copy and install it on a personal computer (-s) of the User. The User has a right to install the Program on an unlimited number of personal computers;
- Reproduce and distribute the Program for non-commercial purposes (free of charge).
5. User’s personal information security measures
5.1 The Rights Holder shall take all the necessary and adequate organizational and technical measures to protect User’s personal information from illegal or accidental access, destruction, changing, blocking, copying, distributing, as well as other illegal actions of third parties hereof in accordance with the requirements of Federal Law «Concerning Personal Data» #152-FZ.
5.2 The Rights Holder has a right to gather statistical impersonal information on Users’ actions/failure to act in the Internet available when using the Software.
5.3 The Rights Holder has a right to gather information on uniform resource locators (URL) visited by the User following the installation of the Software on his PC.
5.4 The Rights Holder has a right to use the information he gathered for the purposes not prohibited by the applicable legislation.
6. Software modification/updating
6.1 The License Agreement shall cover all future updates/new versions of the Software. By accepting download and installation of an update/new version of the Software, the User accepts terms of the License Agreement for corresponding updates/new versions of the Software, unless update/installation of a new version of the Software is accompanied by accepting a new license agreement.
6.2 The Rights Holder has a right to carry out routine maintenance of the hardware and software system of the Program with temporary suspension of the Program.
In the event of force majeure, as well as breakdowns or failure of hardware and software systems and telecommunication networks of third parties-partners of the Rights Holder, or actions of third parties intended to suspend or stop functioning of the Program, the Program operation may be suspended without previous notice to the User.
7. Dispute settlement
7.1 The Parties shall make every effort to settle disputes or claims arising out or in connection with this License Agreement amicably. If the Parties fail to settle disputes by means of negotiation, disputes shall be subject to settlement according to the procedure established by the legislation of the Russian Federation. In case of arising unsettled claims between the Parties, each Party has a right to protect its violated rights according to the procedure established by the legislation of the Russian Federation
7.2 If any provision of the Agreement is held invalid or unenforceable, it shall be construed in accordance with the current legislation of the Russian Federation taking into account Parties’ original interests. That said, it shall not affect the validity of the remaining provisions.
Established practice of Parties’ behaviour or practice of rendering similar services shall not constitute grounds for changing provisions of the Agreement.
7.3 Regarding all other issues not covered hereunder the Parties shall be governed by the applicable law of the Russian Federation.
7.4 In the event of a dispute arising out or in connection with this License Agreement, the venue agreed shall be the headquarters of the Rights holder.
8. License Agreement Alteration
8.1 The License Agreement shall cover all future updates/new versions of the Software. By accepting installation of an update/new version of the Program, the User accepts terms of the License Agreement for corresponding updates/new versions of the Program, unless update/installation of a new version of the Program is accompanied by other license agreement.
8.2 The Rights Holder has a right to change the License Agreement unilaterally. Notice to the User on changes introduced in the License Agreement terms shall be published on the https://downloadelements.com/license/ website page. Stated changes introduced in the License Agreement terms become effective as of a publication date, except as otherwise provided in corresponding publication.