This document is a license agreement (hereinafter referred to as the Agreement) posted on the website for review by an unlimited number of persons in order to provide the Licensee under a simple (non-exclusive) license with the right to use computer programs and databases. This Agreement in accordance with Art. 435, 437 of the Civil Code of the Russian Federation is a public offer (hereinafter - the Offer) of the Licensor to the Licensee, containing the essential terms of the agreement on granting the right to use computer programs and databases, as well as obliging the Licensor, under the terms of this Agreement, to modify the software (hereinafter - the Software ).
1. Terms and Definitions
Licensor - Individual entrepreneur Lapshin K. A., ORGNIP 320745600116837, TIN 743016076012.
Licensee - an individual who enters into an Agreement with the Licensor on the terms contained in this Offer.
A computer program – a set of data and commands presented in an objective form intended for the functioning of a computer and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of a computer program and the audiovisual displays generated by it (Article 1261 of the Civil code of the Russian Federation).
The database is a set of independent materials (articles) presented in an objective form, systematized in such a way that these materials can be found and processed using an electronic computer (computer) (paragraph 2, clause 2, article 1260 of the Civil Code of the Russian Federation).
Website (site) - a set of computer programs that allows to administer the site and modify databases. The site is available on the Internet at the network address (domain name): https://resumeshka.com, including all levels of the specified domains, both functioning on the date of conclusion of this agreement, and launched and put into operation during the entire period of its validity.
License - the right of the Licensee to use computer programs and databases through the Licensor's Website.
Personal Account - a program with individual access designed to authorize the Licensee as a user of the Site, automate and record the data entered by the Licensee into the database and other actions necessary for the conclusion and execution of this Agreement. To create a personal account, the Licensee needs an email address.
According to GOST 28806-90 "Quality of software. Terms and definitions" (approved and put into effect by the Decree of the State Standard of the USSR of December 25, 1990 N 3278), a software tool is an object consisting of programs, procedures, rules, and also, if provided , accompanying documentation and data related to the operation of the information processing system. GOST R 51904-2002 "Software for embedded systems. General requirements for development and documentation" (approved and put into effect by the Decree of the State Standard of Russia of June 25, 2002 N 247-st) highlights the term software, which is defined as programmatic provision and related with it, documents newly created, modified or grouped to meet the requirements of the contract (Agreement), and software - a set of computer programs and software documents necessary for the operation of these programs.
Demonstration license - the rights of the Licensee through the Licensor's Website for the free use of computer programs and databases, provided in the amounts provided for in this Agreement.
Modification of a computer program and/or database means any changes thereof, including the translation of such a program or such database from one language into another; software change is understood as modification of the source code, executable object code or related documents relative to their baseline (clause 9 of article 1270 of the Civil Code of the Russian Federation, clause 3.11 of the national standard GOST R 51904-2002 "Software for embedded systems. General requirements for development and documentation" (approved and put into effect by the Decree of the State Standard of Russia dated June 25, 2002 N 247-st)). By virtue of paragraph 1 of the Letter of 01/27/2022. No. P11-2-05-200-3571 of the Ministry of Digital Development, Telecommunications and Mass Media of the Russian Federation, an organization is considered an organization that performs work on modifying computer programs, databases, including in cases where the performance of such work (provision of services) did not lead to to the creation and (or) registration of a completed new object - a derivative of a modified computer program, a database.
All other terms and definitions found in the text of the Agreement are interpreted by the Parties in accordance with the legislation of the Russian Federation (including the Civil Code of the Russian Federation, GOSTs, Letters of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation) and the usual rules for interpreting the relevant terms that have developed on the Internet.
2. Subject of the Agreement
2.1. This Agreement defines: general terms of the relationship between the Parties for a fee (or without it in case of demonstration license); The Licensee has the right to use computer programs and databases located on the Site; The Licensor has the right to modify the software for the Licensee.
2.2. The Licensor grants the Licensee the right to use computer programs and databases located on the Site in the territory of any state for the duration of this Agreement.
2.3. The Licensor reserves the right to issue licenses to others.
Under this Agreement, the Licensor does not grant the Licensee any rights or permissions to do the following:
- Bypass any technological protection and security measures of the Site, computer programs and databases;
- Hack, disassemble, decompile, decrypt, emulate, exploit or reverse engineer the Site and its derivatives, except when such action is expressly permitted by the laws of the Russian Federation and only to the extent permitted;
- Copy, borrow and/or rent, publish, sell, export, import, distribute or lend the Site and its derivatives;
- Use the Site in any unauthorized way (including in violation of this Agreement) or in any other way that may prevent anyone else from using them.
2.4. Functionality of the Site under the License (limits):
- Creation of text documents by entering data on the Site and providing access to the Site databases;
- Storage of the Licensee's data in the personal account;
- Adding, deleting, updating and otherwise editing text documents created by entering data on the Site;
- Download text documents to your personal computer or other device;
- Getting access to text documents created on the Site via an active link;
- Sending text documents created on the Site to the email address specified by the Licensee;
- Publication of an active link to text documents created on the Site, to the Licensee's pages in social networks and messengers.
2.5. The Parties hereby confirm that they have all the necessary rights and powers for the proper fulfillment of obligations under this Agreement and that their actions within the framework of the execution of this Agreement do not violate the rights of third parties, including the rights of third parties in relation to intellectual property.
2.6. Unconditional acceptance (acceptance) of the terms of this Agreement is the implementation by the Licensee of one of the following actions:
- Payment of a license fee to pay for the rights to use the computer programs and databases of the Licensor located on the Site.
- The use of computer programs and databases located on the Site is free under a demo license.
From the moment of these actions to accept the offer, the Licensee is considered to have accepted the Agreement in full, without any reservations or exceptions.
2.7. The Licensor does not guarantee that the use of the Site will improve the Licensee's chances, prospects or ability to obtain a job or employment.
3. Rights and obligations
3.1. The licensor undertakes:
3.1.1. On the effective date of the License (demo license), provide the Licensee with the actual opportunity to use the functionality of the Site in the agreed volumes and on the terms provided for in this Agreement.
3.1.2. By technical means to ensure the impossibility of using the Site in the agreed volume after the expiration of the license period.
3.1.3. Do not provide other persons with the opportunity to use the Licensee's personal account.
3.2. The licensor has the right:
3.2.1. Implement any modification of computer programs and databases located on the Site, subject to the preservation of the Licensee's data.
3.2.2. At any time, without notifying the Licensee, make changes and additions to the provisions of the Agreement, including the amount of the license fee. The current version of the Agreement is posted on the Site. The risk of non-familiarization with the new version of the Agreement is laying completely on Licensee. The continue use of the Site after the change of the Agreement is considered acceptance of its new version.
3.2.3. Suspend the license and / or terminate the Agreement ahead of schedule unilaterally out of court in the following cases:
- if the Licensee is involved in actions that violate the rules and regulations for using the license specified in this Agreement and / or the information entered by the Licensee is contrary to the laws of the Russian Federation;
- if the Licensee violates other obligations assumed in accordance with this Agreement.
3.3. The licensee must:
3.3.1. Immediately notify the Licensor of any problems with access to the Site.
3.3.2. Pay a license fee.
3.3.3. Do not copy in any form, do not modify, supplement, or distribute the Site, computer programs and databases of the Site. Do not create derivative objects based on the Site without the prior written consent of the Licensor.
3.3.4. Do not post deliberately false information on the Site.
3.4. The licensee is prohibited:
3.4.1. Get unauthorized access to the functions of the Site, as well as to computer programs and databases located on the Site.
3.4.2. Receive information about any other Licensee.
3.4.3. Use the Site, computer programs and databases, license for any purpose contrary to the current legislation of the Russian Federation.
3.4.4. Transfer credentials obtained during the formation of a personal account on the Site to unauthorized persons
3.5. The licensee has the right:
3.5.1. During the term of this Agreement, use the license (demo license) on the terms provided for in this Agreement.
3.5.2. The parties agreed that the license fee for the period paid by the Licensee, during which he did not actually use his rights, is not refundable by the Licensor to the Licensee. The Licensor retains the right to receive a license fee, provided that it has granted the right to access the agreed computer programs and databases, regardless of whether the Licensee has used the granted right.
4. Amount of license fee and payment procedure
4.1. The license is provided on a subscription basis. The Licensor undertakes to provide the Licensee with a license for the subscription period, and the Licensee undertakes to pay the cost of the subscription.
The subscription period refers to the period of time (for example, day, month or year) for which the subscription is made and the corresponding amount of the license fee is set in accordance with the subscription period.
4.2. For the trial subscription period, the license fee is $3.95 (three dollars and ninety five cents) or its equivalent in rubles. The term of the trial subscription period is 14 (fourteen) days from the date of payment of the license fee. At the end of the trial subscription period, the amount of the license fee is $12.95 (twelve dollars and ninety five cents) or equivalent in rubles for each subsequent 30 (Thirty) days of subscription.
4.3. The license fee is paid by transferring funds to the Licensor's bank account by bank transfer, including through the financial agents of the Licensor. Payment of the license fee is made by the Licensee in the order of advance payment.
4.4. The Subscription (including the trial period) is provided to the Licensee in full from the moment the license is granted to the Licensee. The Licensor reserves the right to provide the Licensee with access to computer programs and databases until the license fee for the subscription is received. In this case, the Licensor shall be deemed to have fulfilled all of its obligations at the time of granting the license to the Licensee.
4.5. The Licensee instructs the Licensor, each subscription period determined by the Licensor, to collect in advance the license fee for the subscription on the payment date until the Licensee refuses to renew the subscription.
4.6. The Licensee understands and agrees that the default subscription is issued indefinitely from the moment of payment for the trial period of the subscription. The Licensee has the right to refuse to renew the subscription for the next subscription period on the Site. In this case, the license is terminated from the day following the last day of the paid subscription period.
4.7. The Licensee instructs the Licensor, on behalf of the Licensee, to draw up orders to debit funds from the Licensee's account in favor of the Licensor for the subscription, as well as send these orders to the bank. The Licensee agrees to the automatic periodic debiting of funds from his account to pay for the subscription at his direction.
4.8. The Licensee is obliged to independently monitor information on the status of the subscription on the Site, as well as monitor the introduction of changes and additions to the terms of this Agreement.
5.1. In case of violation of accessibility to the Site for the Licensee due to the fault or in connection with preventable malfunctions in the equipment of the Licensor, the license is extended for the period of such violation. The period of violation of access is considered from the moment the Licensor is notified about this until the functionality of the Site is restored.
5.2. The Licensor is not responsible for the accuracy of the data entered by the Licensee into the database, its compliance with the norms of the current legislation for information of this kind. Full responsibility for violations of the legislation of the Russian Federation in the data posted by the Licensee shall be borne by the Licensee.
5.3. The Licensor is not liable for direct or indirect damage caused to the Licensee as a result of the use or inability to partially or fully use computer programs and databases as a result of interruptions or interruptions in the operation of the Site that arose through no fault of the Licensor.
5.4. If the Licensee violates the terms of this Agreement, the Licensor has the right to unilaterally and extrajudicially refuse to execute this Agreement (terminate the provision of a license), without returning the license fee, as well as without compensating for any losses incurred by the Licensee as a result of termination of the license. In case of violation of the terms of payment of the license fee, the Licensor has the right to recover from the Licensee a penalty in the amount of 0.1% of the amount of the overdue payment for each day of delay.
5.5. By accepting the terms of this Agreement by accepting the offer, the Licensee guarantees that he provided reliable data when creating a personal account; he is fully acquainted with the terms of this public offer, fully understands the subject of the offer and the terms of this Agreement, fully understands the meaning and consequences of his actions in relation to the conclusion and execution of this Agreement; he has all the rights and powers necessary for the conclusion and execution of the Agreement.
6. Termination of the Agreement, change of its conditions
6.1. The Agreement comes into force from the moment of acceptance of the offer by the Licensee and is valid:
Until the Licensor fulfills its obligations to provide a license in accordance with the terms of this Agreement;
Until the end of the demo license period.
6.2. Unilateral refusal of the Agreement or unilateral termination or change of its terms is not allowed, except as expressly provided for by this Agreement and the current legislation of the Russian Federation.
7. Final provisions
7.1. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement are resolved in the complaint procedure. The Party that has claims and/or disagreements sends an e-mail message to the other Party indicating the claims and/or disagreements that have arisen.
7.2. If the response to the message is not received by the Party that sent the message within 30 (thirty) days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute is subject to resolution in court at the location of the Licensor.
7.3. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation.
7.4 The licensor carries out activities to support software, modify software and support operation, work in the dispatch communication mode.
The Licensor performs daily procedures for conducting actions and solving problems as part of the software maintenance process.
The licensor shall determine the procedures for receiving, recording and tracking problem reports, modification requests from users and providing feedback to users.
The licensor reviews problem reports or modification requests to determine the impacts on the existing system and related systems.
The licensor himself verifies the problem.
The licensor independently develops options for implementing modifications that must be included in the maintenance of the software product.
The Licensor shall:
- monitoring the functioning (including performance, fault tolerance and compliance with information security) of computer programs, databases and elimination of errors and failures in the operation of computer programs, databases, including through testing, as well as by other methods and means;
- correction of errors, inconsistencies, incidents, defects, including within the framework of existing versions of computer programs, databases, and takes measures aimed at resolving such incidents;
- preventive modification of computer programs, databases in order to detect and correct existing hidden errors in order to prevent the obvious manifestation of these errors during the operation of computer programs, databases;
- provides automatic updating of regulatory and reference information necessary for the operation of computer programs, databases in accordance with the requirements of the Russian Federation;
- acceptance of requests from users of computer programs, databases, performance of works / services related to such requests.