PLEASE CAREFULLY READ THROUGH THE TEXT OF THIS AGREEMENT BEFORE INSTALLING, COPYING OR OTHERWISE USING COMPUTER PROGRAM "Content management system DIAFAN.CMS" (HEREINAFTER REFERRED TO AS "PROGRAM"). INSTALLATION, LAUNCHING OR OTHER USE OF THE PROGRAM MEANS THAT YOU HAVE FULLY AND UNCONDITIONALLY ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, CONTINUED USE OF THE PROGRAM IS NOT ALLOWED.
ContentTerms
Subject Matter
Copyright and Trademarks
Conditions of use of the Program and limitations
Cession
Technical Support
Legal Responsibilities and Liabilities
Limited Warranty
Effect, Amendment and Termination
This Licensing Agreement (the «Agreement») is entered into by and between GRANDFIN INVESTMENT COMPANY LTD («Licensor») and any natural person, individual entrepreneur or legal entity (the «User»). This Agreement is an integral part of the Provision Of Information Services Regulations, which is published online at: https://user.diafancms.com/rules/ («Regulations»). By accepting this Agreement, you are completely and unreservedly agreeing to the terms and conditions of the Regulations and Legally Binding Instruments (paragraph 2.4 of the Regulations).
Installation, launching or other use of the Program is allowed only after the User has accepted the provisions of the Regulations and Legally Binding Instruments and strictly in accordance with the Price List available online at the following addresses: https://www.diafancms.com/buy/, https://diafan.cloud/tarif/.
1.1. In this Agreement, unless the text directly expresses otherwise, the following words and expressions have the meanings indicated below:
1.1.1. Content management system DIAFAN.CMS (hereinafter referred to as «Program») – a computer program of the corresponding to the version, designed for content management (as a whole and in its components), which is a set of data and commands, including source code, databases, documentation on its use, audiovisual works included by the Licensor in the composition of the specified computer program;
1.1.2. Use of the Program – any actions related to the functioning of the Program in accordance with its purpose (including saving it in the computer's memory).
1.1.3. Version – configuration of the Program, which has a certain set of functionality;
1.1.4. A Site (or Website) – a collection of data of a single copy of the Program with a unique identifier that groups program objects (information blocks, web forms, forums, templates, letter templates, etc.) for their joint display and use, usually in one external view, interface language, domain name or directory;
1.1.5. Technical support – actions taken by the Licensor within the limits and volumes set by the Licensor, which are aimed at ensuring the smooth functioning of the Program solely in the form of providing User support with regards to the Use of the Program;
1.1.6. Materials – information (text, audio, video, graphic files, etc.), which is used (including stored, distributed, transferred, etc.) by the User when using the Program;
1.1.7. Personal Area – a Web interface that becomes available to the User when he enters his Login credentials on the site https://user.diafancms.com/. The Personal Area is intended among other things for downloading the Program, ordering and paying for the Licensor's services and also receiving Technical support with regards to the Use of the Program;
1.1.8. Login credentials – user ID, password and other unique information specified by the User while registering. They are required to gain access to the Personal Area;
1.1.9. Domain name – a unique computer identifier (address) connected to the Internet. Domain name is in a form convenient for human, having digital and alphabetic display.
1.2. All other terms and definitions found in the text of this Agreement and not listed above shall be interpreted in accordance with the current laws of the Republic of Cyprus. If there is no clear interpretation of a term in the text of this Agreement and/or in the statutory instruments of the legislation of the Republic of Cyprus, such term shall be interpreted based on its common interpretation on the Internet and code of business conduct.
2.1. The Licensor agrees to grant the User the right to use the Program (a simple non-exclusive license), pursuant to all limitations and conditions for using the Program in accordance with its technical documentation and functionality.
2.2. All the provisions of this Agreement apply both to the Program as a whole and to its individual components, with the exception of those whose full list is published online at: https://www.diafancms.com/dokument/full-manual/developers/plugins/.
2.3. This Agreement is concluded before or immediately at the beginning of using the Program. It is valid for the entire period of its lawful use by the User within its copyright validity period and subject to the User's proper compliance with the terms and conditions of this Agreement.
2.4. The Licensor agrees to grant the User the right to use the Program without restriction on the territory and under the terms and in the manner stipulated by the current laws of the Republic of Cyprus and this Agreement.
3.1. The Software is an intellectual property and copyright-protected item (computer program), which are regulated and protected by international intellectual property laws and international law.
3.2. Algorithms of the Program and its source codes (including their parts) are the Licensor's trade secret. Using them or the Program in violation of the terms and conditions of this Agreement is considered to be a violation of the Licensor's rights and is a sufficient ground for depriving the User of the rights granted under this Agreement.
3.3. The Licensor warrantees that he has all the rights required under this Agreement to provide them to the User, including documentation for the Program.
3.4. The User shall be liable for copyright infringement in accordance with the current laws of the Republic of Cyprus.
3.5. This Agreement does not give the User any rights to use the trademarks and service marks of the Licensor and/or his partners.
3.6. The User cannot in any circumstances delete or change the appearance of information and data on copyrights, rights to trademarks or patents specified in the Program.
4.1. This Agreement grants the right to install, launch, and use one copy of the Program within its functionality. The User is entitled to create – on the basis of one copy of the Program – one Site with a second-level domain of the type "site.ru" and corresponding third, fourth and further domains. The User indicates the domain name of a Site for which the Program is used on his own and in the corresponding section of the User’s Personal Area.
4.2. The Program can be temporarily installed on an additional computer for the purpose of using it only for development, testing and/or filling the Site, provided that there is no "external" access to it (including from the Internet or from outside the User's local network). The specified copy of the Program must be immediately deleted after the above works have been completed.
4.3. The components of the Program cannot be separated and/or used on different computers.
4.4. The User may modify, add or delete Program files only in cases stipulated by international copyright law.
4.5. The User is not allowed to use the Program in any way, if such use is contrary to or leads to a violation of the current laws of the Republic of Cyprus.
4.6. The Program is delivered to the User by providing the User the opportunity to download the Program exclusively in his Personal Area online at: https://user.diafancms.com/.
4.7. To familiarize the user with the functionality and features of the Program, the Licensor grants the User a twenty-day period of free use of the Program (test/trial period). After the expiration of this period, the User shall stop using it or pay for the lawful use of the Program in accordance with the Provision Of Information Services Regulations.
4.8. The User shall:
- Familiarize himself with the configuration and capabilities of the Program before paying for its use;
- Independently get acquainted with the information on setting up, installing and using the Program contained at: https://www.diafancms.com;
- Maintain up-to-date information on the domain names of Sites for which the Program is used, by specifying such information in the User's Personal Area;
- Not use the Program to massively distribute (in any possible way) commercial, political, advertising, or other type of information and messages (spam) to persons who did not express a desire to receive such;
- Not use the Program to host "doorways" and other forms of search spam;
- Not use the Program to post materials (particularly, pornographic, racist, or other unacceptable content) that violate international laws and generally accepted moral standards or the rights of third parties (particularly, the rights to protect trademark and author's name, as well as copyrights).
5.1. Except for cases established by this Agreement, the User may completely cede (assign) his rights and obligations hereunder to another User only once.
5.2. Rights and obligations are ceded (assigned) only provided that the new user fully and unconditionally accepts all the provisions and conditions of this Agreement.
5.3. By ceding (assigning) the right to use the Program, the User undertakes to completely destroy all copies of the Program installed on the User's computers, including backup ones.
5.4. The User is obliged to provide the Licensor with the new user’s login credentials, by entering the user ID and confirmation code in the appropriate form in the Personal Area and pressing the «TRANSFER» button, or by contacting the Licensor's Technical Support service for transfer of rights in accordance with this Agreement.
5.5. Cession (assignment) of rights hereunder cannot be effected indirectly or through any third party.
6.1. The Licensor provides Technical support to the User, including on issues related to functionality, installation and operation on standard configurations of the supported (popular) operating systems, mail and other systems of the Program in the manner and under the terms specified in the technical documentation for it.
6.2. The User may contact the Licensor's Technical Support service free of charge.
6.3. To implement Technical support, the Licensor may require the User to provide information, among other things, regarding the site's domain, the Program's identification number, and technical characteristics of the hardware.
6.4. The Licensor provides Technical support to the User solely through provision of appropriate consultations and exclusively based on the User's request using a special form in the User's Personal Area.
6.5. If the User fails to provide complete information about his site and/or provides ambiguous wording of the issue, or the User asks questions in a form that does not comply with business etiquette, the Licensor may decide not to provide Technical support to the User for any indefinite period at the Licensor's discretion.
7.1. For breaching the terms and conditions of this Agreement, the defaulting party shall be liable in accordance with the laws of the Republic of Cyprus.
7.2. The Licensor shall not be liable to the User for any damage, loss of any income, profits, information or savings related to the use or inability to use the Program, even if the User notified the Licensor in advance. The Licensor shall also not be liable to the User for any third-party claim.
7.3. It is the User’s responsibility to keep his login credentials confidential. He is also independently determines the circle of persons to whom these credentials may be made available to.
7.4. In the event that the User has suspicions that there is unauthorized access to his Personal Area, he undertakes to immediately notify the Licensor thereof. Until such notification is sent, all actions are recognized as committed with the User's consent, on his behalf and in his interests.
7.5. If the User is found to have breached the license (abused the rights granted) to use the Program, the User shall pay the Licensor 10 (ten) times the cost of the license (the right to use) of one copy of the Program in accordance with the Price List. If the user refuses to pay the fine, the Licensor may deprive the User of previously paid rights to the Program to settle the above fine.
8.1. The Program is provided on an «as is» basis and the Licensor does not warranty that all of its functionality will meet the User's expectations or can be applied for the User's specific purpose.
8.2. The Licensor does not initiate or control the posting of any information by the User in the process of using the Program. The Licensor does not have influence over the content and integrity of information posted by the User. At the time of posting the information, the Licensor does not know and cannot know whether such information violates the legally protected third-party rights and interests, international treaties and the current laws of the Republic of Cyprus.
8.3. This Agreement does not regulate the relationship between the User and the owners of all the additional components that are listed on the page: https://www.diafancms.com/dokument/full-manual/developers/plugins/. The terms of use of these additional components are stated in a separate agreement with the respective owner. The Licensor is not responsible for the correct operation, scope of the functions of these components and/or other inconsistency of these components with the User's expectations.
8.4. If errors are found during the use of the Program, the Licensor will take measures to fix them as soon as possible. The parties agree that the exact time period for fixing such errors cannot be established, since the Program closely interacts with other third-party computer programs, operating system and hardware resources of the User's computer, and that the working efficiency of the Program and time of problem elimination are not fully dependent on the Licensor.
8.5. The Licensor does not guarantee uninterrupted functioning of the Program and correct installation of additional components and new versions (updates).
9.1. On all issues not regulated by this Agreement, the Parties shall be guided by the current laws of the Republic of Cyprus.
9.2. Should the User violate the terms of the Agreement with regards to the use of the Program, the Licensor may unilaterally terminate the Agreement, notifying the User thereof.
9.3. Upon termination of this Agreement by any party and for any reason, the User is obliged to stop using the Program completely and to destroy all copies of the Program installed on the User's computers, including backup copies and all Program components.
9.4. If a competent court deems any provisions, term and condition of the Agreement as invalid, this shall not affect the validity of all the other provisions, terms and conditions of the Agreement.
9.5. The User may unilaterally withdraw from the Agreement. In such an event, the User shall notify the Licensor by sending him a written notice 30 (thirty) calendar days before the expected date of withdrawal. In this case, the money paid by the User shall not be refunded.
9.6. The Licensor may change this Agreement unilaterally at any time without specially notifying the User. The Licensor shall publish the new version of the Agreement online at: https://www.diafancms.com/license.html.
«GRANDFIN INVESTMENT COMPANY» ltd
Spuroy Kyprianou, 61, SK HOUSE
4003, Limassol, Cyprus
https://www.diafancms.com/
The current version of this Agreement is placed online at https://www.diafancms.com/license.html.
If you have any questions or suggestions regarding the provisions of these terms and conditions, please contact us via e-mail: cms@diafancms.com.