4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The LICENSEE has the right to:
4.1.1. To acquire in accordance with the procedure and on the terms and conditions provided for in this Agreement a simple (non-exclusive) right to use the System.
4.1.2. Refuse to use the System and cancel the Subscription in the manner prescribed by paragraph 3.2 of this Agreement.
4.1.3. Grant access to his/her/its Account to a third party (third parties) on terms of the paid Tariff if the LICENSEE ensures this third party complies with the prohibitions set forth in clause 4.3 of this Agreement.
4.1.4. Submit to the LICENSOR proposals for improving and finalizing the System in Spanish, and (or) English language.
4.1.5. Consider the results of the use of the System by the LICENSEE as his/her/its own property, including all types of primary data of the LICENSEE entered to the System.
4.1.6. Change the settings of the System within the limits granted to the LICENSEE in the Control Panel.
4.2. The LICENSEE is obliged to:
4.2.1. Comply with the instructions and indications that appear in the user manuals and materials for the System, posted on the LICENSOR's website (www.retailcrm.pro
) at: help.retailcrm.pro.
4.2.2. Pay the license fee in a timely way, in the amount and in the terms provided by the selected Tariff of the LICENSEE.
4.2.3. To ensure the safety of the parameters of access to the System received from the LICENSOR in order to prevent the access of unauthorised persons who are not a third party (third parties) determined in accordance with sub-clause 4.1.3 of this Agreement.
4.3. The LICENSEE is prohibited from:
4.3.1. Using the System to commit unlawful acts, including spam mailings, sending threats and insults, spreading false advertising, calls for violence, certain kinds of information and materials distributed through the information and telecommunication network "Internet", the distribution of which is prohibited, and others.
4.3.2.To access the source codes of the System, studying and editing them as well as disclosing the Principles of the technological functions of the System. To use reverse engineering techniques, decompile or disassemble the licensed System, except and only in the event that such activity is expressly authorised by the LICENSOR.
4.3.3. Copying and reproducing the System or its individual elements and saving the System on any media for the purpose of transferring it to a third party (third parties), selling, distributing, as well as publishing the System providing the third party (third parties) with the possibility of copying it.
4.3.4. Trying to overcome the technical limitations set in the System.
4.3.5. osting in the System and / or using the System to distribute malicious programs for computers (viruses).
4.4. The LICENSOR has the right to:
4.4.1. Block the LICENSEE's access to the System if the LICENSEE violates any terms of this Agreement, or at the request of the court and (or) other authorised state bodies. With such a lock, no license fee is charged. After 7 calendar days of Account Lockout, the System automatically activates the requests for data from the LICENSEE's website to the LICENSOR's server, to the link specified by the System parameters.
4.4.2. Delete information posted by the LICENSEE using the System if it violates the requirements of the Spanish legislation and / or the terms of this Agreement, and also in case of a request from a third party (third parties) confirming that the information placed infringes their rights.
4.4.3. Temporarily block the LICENSEE's access to the System in the event of debt formation.
4.4.4. Delete the LICENSEE's Account for non-payment of consecutive debts.
4.4.5. To require from the LICENSEE additional contact information, as well as certificates and (or) licenses, if there is reason to believe that the LICENSEE does not comply with the legislation, or upon receipt of a request from authorised law enforcement bodies, and if the LICENSEE refuses to provide such information, the LICENSOR has the right to restrict the LICENSEE's access to the System.
4.4.6. To improve the System without the consent of the LICENSEE and implement various updates to the System.
4.5. The LICENSOR is obliged to:
4.5.1. Provide to the LICENSEE a simple (non-exclusive) right to use the System in the manner and on the terms provided for in this Agreement.
4.5.2. Ensure the functioning of the System and admission of the LICENSEE to the System.
4.5.3. To inform the LICENSEE about significant updates of the System and about changes in terms of transfer of rights to use the System by electronic mailing and (or) publishing on the LICENSOR's website (www.retailcrm.pro
4.5.4 Inform the LICENSEE about changes in the Tariff scale by electronic mailing and (or) publication on the LICENSOR's website (www.retailcrm.pro
4.5.5. On the basis of the LICENSEE's application within 24 hours, remove all information about the LICENSEE's Account from the LICENSOR's server.