This License Agreement (hereinafter referred to as the “Agreement”) governs the relationship between Black Plus LLC (Russia, 185000, Petrozavodsk, Gorky St., 25), which is the copyright holder of the exclusive right to the Program, hereinafter referred to as the “Licensor”, and you, hereinafter referred to as the "Licensee", on the use of the computer program - the Download Manager "uFiler", a version for Windows OS for Windows 7 and higher (hereinafter - the Program).
1. Terms of acceptance of this Agreement.
1.1. Before copying, installing or starting to use the Program, the Licensee is obliged to familiarize themselves with this Agreement, as well as with all applicable rules and other documents that are posted on the Website/in the Program and are an integral part of this Agreement.
1.2. Acceptance of this Agreement by the Licensee is carried out through active actions of the Licensee aimed at copying the Program or installing it on personal computer, which, according to Articles 435 and 438 of the Civil Code of the Russian Federation, is an acceptance of the Licensor’s offer, as well as a conclusion of a License Agreement that leads to the Licensee’s obligation to comply with the terms of this Agreement.
1.3. The Licensee’s actual use of the Program also confirms Licensee’s acceptance of the terms of this Agreement.
1.4. With each use of the Program, the Licensee agrees to the terms of this Agreement as amended, which was valid at the time of actual use of the Program.
1.5. Use of the Program is permitted only on the terms of this Agreement. Use of the Program on conditions and methods not provided for by this License agreement is possible only on the basis of a separate agreement with the Licensor.
2. Subject of the Agreement
2.1. Under this Agreement, the Licensor provides the Licensee with a simple (non-exclusive) license a right to use the Program on the territory of countries around the world in the ways provided for in this Agreement.
2.2. The right to use the Program is provided by the Licensor to the Licensee free of charge and solely for personal non-commercial purposes.
2.3. This Agreement may be translated into other languages for convenience, but you hereby agree that all relations between you and the Licensor will be governed by a Russian version of the Agreement. If there are discrepancies between the Russian version of the Agreement and the translation into any other language, the Russian version will prevail.
2.4. The Law of the Russian Federation shall apply to this Agreement and all relations related to any use of the Program, and any claims arising from this Agreement or the use of the Program must be filed and considered in court at the location of the Licensor.
2.5. The current version of the Agreement is available at: https://ufiler.pro/en/agreement.
3. Limits (methods) of using the Program
3.1. Licensee may use the Program in the following ways:
3.1.1. To do copying and installation (reproduction) on a personal device(s) of the Licensee;
3.1.2. Use the Program for its intended purpose;
3.1.3. Reproduce and distribute the Program in unchanged form strictly for non-commercial purposes;
3.1.4. Modify the Program solely for personal use, as well as reverse-engineer the Program solely to eliminate errors in such modified versions.
3.2. The Licensee may not:
3.2.1. Reproduce, distribute, communicate to the public or otherwise use the Program for commercial purposes (including for a fee), including as part of software products collection, without a written consent of the Licensor;
3.2.2. Modify, decompile, disassemble, decrypt and perform other actions with the object code of the Program in order to extract the source code of the Program and/or obtain information on the implementation of the algorithms used in the Program, as well as permit other use of the Program without written consent of the Licensor. The Licensee may not distribute, communicate to the public or otherwise use modified versions of the Program specified in 4.1.4 clause of the Agreement, except for personal use.
3.2.3. Reproduce, distribute, process for commercial or non-commercial purposes the elements of the Program that are the subject of the copyright of the Licensor or third parties, in the absence of permission of the respective copyright holders to perform these actions;
3.2.4. Reproduce a design or user interface elements of the Program when conducting any commercial activity on the World Wide Web or outside it;
3.2.5. Transfer the rights granted to the Licensee to use the Program to other Licensees or third parties through a conclusion of a sublicense agreement or in any other way;
3.2.6. Violate the rules for the use of the Program set forth in this Agreement.
3.2.7. Use the Program to transmit, distribute, or otherwise use illegal content.
3.3. The program should be used under the name: uFiler Download Manager.
The Licensee may not change the name of the Program, change and/or delete the copyright signs or other indications of the Copyright Holder or other persons present in the Program, documentation or other materials distributed by the Program.
4. Warranties and limitations of liability
4.1. The program is provided on an “as is” basis. The Licensor does not provide any guarantees regarding an error-free and uninterrupted operation of the Program, compliance of the Program with any goals and expectations of the Licensee, nor does it provide any other guarantees not expressly specified in this License.
4.2. The Licensor is not liable for any damage to the Licensee’s personal computer, any other equipment or software caused by or associated with the use of the Program.
4.3. The Licensor is not responsible for a lack of internet access for the Licensee, for the quality of the services of internet communication providers with which the Licensee has concluded agreements on the provision of internet access services.
4.4. The Licensor, to the maximum extent permitted by applicable law, does not bear any responsibility for any direct or indirect consequences of any use or inability to use the Program and/or losses caused to the Licensee and/or third parties as a result of any use or non-use of the Program, including due to possible errors or malfunctions of the Program.
4.5. The Licensee acknowledges and agrees that sole responsibility for all information (data files, text materials, software, music, audio files and other audio materials, photographs, videos and other images) that the Licensee can access in the process of using the Program, is carried by a person providing this information. All such information will be referred to as the “Content” below.
4.6. The Licensee is given an opportunity to add to the Program extensions (components) designed and proposed for installation by third parties, which provide access to third-party information or services or transfer to third-party resources (“User components”). Licensee understands and agrees that the installation of User components in the Program is carried out by Licensee at his sole discretion and at his own risk. The Licensee does not control the functioning or content of the information of services or resources accessed through such User components, as well as their compliance with the law, and is not responsible for the results of the installation or use of the User components. The Licensor does not compensate for any losses caused to the Licensee by the use or inability to use any User components or information, services and resources accessed through the User components.
5. Additional terms
5.1. The Licensee is hereby notified and agrees that the function of automatically collecting and sending statistics to the Licensor is in the “Enabled” mode immediately after installing the Program (by default). In order to improve the quality of the products and services provided to the Licensee, information about the visited website (service), the page viewed and the downloaded files, as well as additional non-personalized data on the actions of the Licensee in the framework of working with the Program is reported automatically, until a disconnection of this function in the “Settings” section of the Program.
5.2. The Licensee is hereby notified and agrees that when using the Program, the Licensor is provided with the following information: a type of operating system of the Licensee’s device, version and identifier of the Program, statistics on the use of the functions of the Program, IP address and (or) MAC address of the Licensee, as well as other technical information.
5.3. The Licensee is hereby notified that the following software necessary for the functioning of the Program is included in and inseparable from the basic installation package of the Program and unconditionally agrees with the user agreement of the specified software:
- libtorrent - free open source cross-platform p2p library https://www.libtorrent.org
5.4. The Licensee is hereby notified that in order to ensure a correct functioning of the uFiler portable version, the program places a single download database as well as additional program modules necessary for the program to function in the general program data directory C:\ProgramData\uFiler.
6. Updates/new versions of the Program. Agreement
6.1. The Program may from time to time automatically download and install updates, which are aimed at improving the Program and may take various forms, without restrictions. The Licensee is hereby notified and agrees with automatic updating of the Program, including the request, download and installation of updates of the Program on the Licensee’s device without any additional notifications.
6.2. This Agreement shall apply to all subsequent updates/new versions of any of the Programs and/or all Programs. Installation of an update/new version of the Program means acceptance by the Licensee of the terms of this License for the corresponding updates/new versions of the Program, unless updating/installation of a new Program version is accompanied by another license agreement.
6.3. This Agreement may be amended unilaterally by the Licensor. A notification to the Licensee about amendments to the terms of this Agreement is published in the appropriate section on the Program website at https://ufiler.pro/en/agreement. These changes to the terms of the Agreement shall take effect from the date of their publication, unless otherwise specified in the corresponding publication.