IMPORTANT - READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE.
BY DOWNLOADING OR USING THIS SOFTWARE, WHETHER YOU OBTAINED THIS SOFTWARE ON YOUR
OWN BEHALF OR ANOTHER INDIVIDUAL OR ENTITY OBTAINED IT FOR YOU, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT, YOU UNDERSTAND IT, AND YOU AGREE
TO BE BOUND BY ITS TERMS. IF YOU HAVE OBTAINED THIS SOFTWARE LICENSE ON BEHALF OF
YOUR EMPLOYER, BY DOWNLOADING OR USING THIS SOFTWARE YOU ALSO REPRESENT THAT YOU
HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THE TERMS AND CONDITIONS HEREIN. IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, DO
NOT DOWNLOAD OR USE THIS SOFTWARE AND PROMPTLY EXIT THIS PAGE.
Definitions. In this Software License Agreement (the "Agreement"), the following
definitions shall apply:
"Software" means software, firmware, programs, screen savers, ringtones, sounds
(and beta, trial or upgraded versions of the foregoing) and related data and services
available for Download to Devices; the Software is offered by LOAD and/or the Providers
(as defined herein) and is to be used in accordance with the Providers' and/or LOAD's
software license and use agreements.
"Carrier" means the wireless telecommunications or Internet service provider providing
you telecommunications and/or internet services for the Device or in connection
with its use.
"Device" means your electronic communication or computing device.
"Download" and variants thereof refer to the transmission of Software to you through
the Internet, over-the-air or otherwise.
"LOAD" means LOAD Company ("RexCom Sales Limited"), the distributor of the Software
available by Download.
"Providers" means the third-parties who own and/or are authorized to distribute
the Software through LOAD.
"Website" means www.load.ru, any LOAD proprietary website or any Provider website.
"You or you" mean the individual or organization who downloads or uses the Software
and/or who intends to purchase a license or licenses to the Software (as defined
License Grant for Registered Users. Subject to the terms and conditions of this
Agreement and the Provider's license and use agreement (collectively, the "Terms
of Use"), LOAD grants to you a non-transferable, non-exclusive, limited license
to Download, install and use the machine readable object code version of the Software
and non-transferable license to use all materials in written, computer readable
or other form containing information about the Software that accompanies the Software
(the "Documentation"), in connection with your use of the same. All rights not expressly
You understand, acknowledge, and agree that LOAD may not be owner of the Software
and, as such, is not responsible for its content and/or functionality.
Limited Term and Use. You may not use the Software beyond its intended scope. You
may install and use only one copy of the Software on your mobile device or computer.
You may not modify or alter the Software for any reason, including but not limited
to modifications to increase the scope of its use or otherwise. Further, you may
not use any device, process or computer program that increases, directly or indirectly,
the scope of use of the Software. In the event the Software offered in connection
with this Agreement is also subject to the subscription terms set forth in this
Agreement, the Software will function in material conformity with any applicable,
published specifications for so long as the subscription is current and effective.
In the event you fail to pay any subscription fees or expenses when and as due,
LOAD reserves the right to cancel your subscription and upon cancellation, the Software
automatically will cease to operate.
Title to Software. You acknowledge that the Software, all enhancements, corrections
and modifications to the Software (regardless whether made by LOAD, you or anyone
else), all copyrights, patents, trade secrets, trademarks or other intellectual
property rights protecting or pertaining to any aspect of the Software (or any enhancements,
corrections or modifications) and the Documentation, are and shall remain the sole
and exclusive property of LOAD and, where applicable, Providers. This Agreement
does not convey title or ownership to you, but instead gives you only the limited
rights set forth herein.
Purchase. LOAD reserves the right to limit quantities of Software licenses purchased.
Software licenses may be purchased only for the personal use of the individuals
Downloading them or the internal business use of the organizations represented by
such individuals. In no event may any Software be purchased for resale.
Prices; Payment Terms; Authorization. You agree to pay all one-time, annual, monthly
and/or other periodic fees and applicable taxes relating to your purchase of the
Software license (including but not limited to V.A.T, and any other duties and/or
assessments) at the rates in effect when the charges were incurred. You agree to
provide LOAD with accurate and up-to-date credit card and contact information. Failure
to comply may result in the immediate termination of this Software license. You
authorize LOAD to automatically bill all fees relating to your purchase of the Software
license(s) to the credit card identified by you in the purchase process. Except
as permitted by LOAD's return policy as posted on the Website, all fees and charges
are nonrefundable. All prices are as shown on the Website and may change at any
time. Your rights under this Agreement shall begin immediately upon your downloading
of the Software.
Restrictions. You have no right to use, make, sublicense, modify, transfer, rent,
lease, sell, display, distribute or copy originals or copies of any Software or
Documentation, or to permit anyone else to do so. You may not transmit the Software
over any network or between any devices. You may transfer the Software to another
cellular telephone or computing device you own (e.g. a new Device) provided that
you only use the Software on one cellular telephone or computing device at a time.
You may not assign or transfer your rights under this Agreement or your rights to
the Software without the prior written consent of LOAD. Upon any such transfer or
assignment, you must transfer all copies of the Software and Documentation and assignee
must provide its written agreement to all the terms of this Agreement to LOAD.
Proprietary Rights. You shall not remove any patent, copyright or trademark or other
intellectual property notices that may appear on any part of the Software or the
Documentation. You acknowledge that the Software, in its source code form, contains
valuable trade secrets belonging to LOAD and, where applicable, Providers. You may
not reverse engineer, unencrypt, decompile, disassemble or otherwise translate the
Software or allow anyone else to do so. You authorize LOAD or its designee to audit
your compliance with this Agreement, as LOAD deems reasonable. You acknowledge that
money damages may not be an adequate remedy for any breach or violation of any requirement
set forth in this Agreement and that any such breach or violation may leave LOAD
without an adequate remedy at law. You therefore agree that, in addition to any
other remedies available at law, in equity or under this Agreement, LOAD shall be
entitled to obtain temporary, preliminary and permanent injunctive relief, without
bond, from a court of competent jurisdiction to restrain any such breach or violation.
Maintenance and Support; Updates. You are not entitled to any maintenance or support
for the Software or any upgrades or enhancements of such Software under this Agreement.
However, any and all upgrades and enhancements made available to you shall become
part of the Software and become subject to this Agreement.
Use of Information; Opt Out Rights. Information provided by you in connection with
your use of the Software will be used as necessary to complete your purchase. In
addition, by Downloading the Software, you agree to receive communications via email
from LOAD regarding changes to and upgrades and/or new versions of the Software
and promotions relating to the Software. You may choose to not receive these communications
by going to the Website and modifying your settings. The terms of LOAD's Privacy
Policy as available on its Website shall govern all use of your personal information
by LOAD or its Providers. Should you have any questions regarding the use of your
personal information, you may complete and submit a customer care form and/or send
an email to the following e-mail address: firstname.lastname@example.org.
Confidentiality. You are responsible for maintaining the confidentiality of your
password and member account information. You are responsible for all activities
that occur in your member account and you agree to notify LOAD immediately of any
unauthorized account use. LOAD is in no way responsible for any loss that you may
incur as a result of any unauthorized use of your user member account and password.
NO WARRANTY; NO RETURNS. LOAD AND ITS PROVIDER(S) MAKE NO WARRANTY (EXPRESS OR IMPLIED)
REGARDING THE SOFTWARE, AND INSTEAD PROVIDE THE SOFTWARE "AS IS." LOAD AND ITS PROVIDER(S)
DO NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTS, VIRUSES, TROJAN HORSES, WORMS,
TIME BOMBS, LOGIC BOMBS, TRAP DOORS, CANCELBOTS, OR ANY OTHER COMPUTER CODE, FILES
OR PROGRAMS DESIGNED TO DISRUPT, INTERRUPT, DISABLE, DAMAGE, DESTROY OR LIMIT THE
FUNCTIONALITY OF ANY OF YOUR SYSTEMS. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT
THE SOFTWARE MAY CONTAIN DEFECTS AND/OR ERRORS OR MAY MALFUNCTION. WITHOUT LIMITING
ANY OTHER DISCLAIMER OR LIMITATION HEREIN, LOAD IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS,
CANCELLATIONS, DISRUPTIONS OR INTERFERENCES WITH DOWNLOAD OR USE OF THE SOFTWARE
RELATING TO ANY ACT OR OMISSION OF ANY CARRIER OR PROVIDER, OR THE PROVISION, UNAVAILABILITY,
OR DELAY OF ANY CARRIER SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOAD AND ITS PROVIDERS DISCLAIM ALL WARRANTIES
OF ANY KIND REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOAD AND ITS PROVIDERS
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS
OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR OR DEFECT FREE, OR
IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL
BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME
JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY
MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LOAD'S RETURN POLICY AS POSTED ON THE
WEBSITE, THE SOFTWARE IS NOT RETURNABLE. YOU AGREE THAT THE SOFTWARE, YOUR PURCHASE
OF THE SAME AND ANY SERVICES PROVIDED IN CONJUNCTION WITH THE SOFTWARE ARE SUBJECT
TO LOAD'S RETURN POLICY, WHICH IS SUBJECT TO CHANGE WITHOUT NOTICE TO YOU.
Indemnifications. You shall indemnify, defend and hold harmless LOAD, the Providers,
and Carriers, and their respective directors, officers, employees and agents from
and against any and all loss, cost, liability or expense (including, but not limited
to reasonable attorney's fees and expenses) arising out of or relating to (i) the
Download, purchase, and/or use of any Software; (ii) any inaccurate, incomplete,
or invalid information you provide to LOAD, Providers, and/or Carriers, and/or (iii)
any breach by you of this Agreement.
Governmental Authorizations; Third Party Charges. You are solely responsible for
obtaining any license or other authorizations applicable to your Download, purchase,
and use of the Software which may be required by any federal, state, or local government
agency of the United States or other jurisdiction of purchase. You, and not LOAD,
are responsible for any and all wireless access, messaging, and/or Carrier charges,
including without limitation any relating to Downloads or automatic updating of
EXCLUSION; LIMITATION OF LIABILITY. IN NO EVENT WILL LOAD, ITS PROVIDER(S), AND
OR THE CARRIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF SUCH CLAIMS INCLUDE ALLEGATIONS
OF THE NEGLIGENCE OF LOAD, ITS PROVIDERS, AND/OR THE CARRIERS, AND/OR EVEN IF LOAD
OR ITS PROVIDERS(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOAD'S
AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR WITH
RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT
OF FIFTY AND NO/100 DOLLARS ($50.00). BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ACTION MAY BE BROUGHT FOR ANY BREACH
OF THIS AGREEMENT OR RELATING TO THE SOFTWARE MORE THAN ONE (1) YEAR AFTER THE ACCRUAL
OF SUCH CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
EXPORT COMPLIANCE. THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE RUSSIA OF THE SOFTWARE OR INFORMATION
ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF
THE RUSSIA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT
THE SOFTWARE AND/OR DOCUMENTATION WITHOUT CONSENT OF LOAD AND COMPLIANCE WITH SUCH
LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO COMPLY WITH ALL EXPORT
LAWS, REGULATION OR REQUIRMENT WHICH MAY APPLY TO YOUR DOWNLOAD AND/OR USE OF THE
Termination. You may terminate this Agreement at any time by destroying or returning
to LOAD all copies of the Software and Documentation in your possession or under
your control. LOAD may terminate this Agreement if the LOAD finds that you have
violated any of the terms of this Agreement. Upon termination of this Agreement,
you will immediately discontinue use of the Software, destroy or return to LOAD
all copies of the Software and Documentation (in whatever form they exist), and
certify in writing that all known copies, including backup copies, have been destroyed.
All provisions relating to confidentiality, proprietary rights, and non-disclosure
shall survive the termination of this Agreement.
Governing Law and General Terms. This Agreement shall be construed, interpreted
and governed by the laws of the State of Texas without regard to conflicts of law
provisions thereof. The exclusive forum for any disputes arising out of or relating
to this Agreement shall be an appropriate federal or state court sitting in Moscow,
Russia. This Agreement shall constitute the entire agreement between the parties
hereto relating to your Download, use and/or purchase of the Software license(s).
Any waiver or modification of this Agreement shall only be effective if it is in
writing and signed by both parties hereto. If any part of this Agreement is found
invalid or unenforceable by a court of competent jurisdiction, the remainder of
this Agreement shall be interpreted so as to reasonably affect the intention of