Make your own free website on Tripod.com
SOFTWARE
LICENSE
AGREEMENT


SOFTWARE LICENSE AGREEMENT


    This contract / agreement entered this _______ day of__________20_________,  between    Phil Kapelyus  of  1719 East 8th Street Apt. # 3,  City of  Brooklyn,  State of  NY,  Zip of 11223,  Country of  Kings .  

and_____________________________ , of__________________________________________________________,

City of______________________ State of ______________, Zip of__________, Country of _________________.

1. Each type of activity should be assessed on the basis of the Riders of coordination and distribution of income from the actual fulfilled work.

    Phil Kapelyus ®. provides its service for its partner represented herein.  By registering for this service, you agree to be bound by all of the terms and conditions set forth herein.

    Phil Kapelyus ® IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE AND
DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT.

RIGHTS AND OBLIGATIONS OF THE Phil Kapelyus®

    On each accomplishment of every type of  operation the Phil Kapelyus® in accordance with the Riders on the distribution of income have the following rights:

1.To create separate firms & funds in accordance with the individual Riders which can include financial resources, instruments, materials, equipment, developments, technologies etc., which belong to the Party’s under varied conditions.

2.Carry out mutual financing, joint developments and works on an equal basis.

3. Commission are to represent the interests of the both Party’s.

4. Save and accumulate money resources /investments and income of the Party’s, obtained as a result of specific activities of each Party and execute the purchase of material values and involving with Third persons in accordance with specified activities agreed upon by the Party’s.

5. Convey to each other material valued in accordance with the accepted order for permanent use.

6. Supply each other all necessary information about the progress of specific types of related activities and within three days to inform one another about the flow of financial resources coming in, connected with fulfillment of this Agreement and its appendix.

7. This Agreement cannot be construed, as an obstacle for the Party’s to fulfil their obligations to the Third person.

8.To build Wab Site bast on Client’s information/material : text, photo, audio, video and etc..

9.To Maintain Wab Site as it requaerments needs and to edit at the Client demand that subject to be made by Riders
to this Agreement, this activate must be determent and praise before action is taken to avoid any  violation and praise is subject to be changed at any activates as: tax , hosting, maitinens, and etc..

10. If ness Phil Kapelyus® aloud to contact professional consultant due to performance of  the web site and/or any law questions that may accord to this Agreement and it term.



TERM OF AGREEMENT

1. WORKING LANGUAGE OF THE AGREEMENT

    Contract/Agreement is written in English language that is working language of this Contract/Agreement and consists the legal status of it.

2. CONFIDENTIALITY

Any information conveyed by one of the two Party’s to any third Party /which has nothing to do with this Agreement and its appendix, i.e. Acts/ during the period of this Agreement and its appendix functioning during or after the term of this Agreement/ containing the information about the subject of this Agreement, the Acts, including their conditions, divulging of which can cause damages to any of the Party’s is extremely confidential and is not to be divulged, according to the cases foreseen by the legal statutes of the USA, and the Privacy Act.of the USA. In case of violation of these Agreements by any of the Party’s the offending Party is responsible for compensation to the other Party for all direct loss caused by the offending Party, in accordance with the legal statutes of the law of the U.S.A.

3. TERM.

The Contract / Agreement comes into power from the very moment of its signing by the party/s and                      
last till                 /              / 20              year and it can be prolonged on mutual contract / agreement or by the Riders of  both Party’s in writing.  

4. LICENSE.
      
    You are permitted to use the Software solely on one computer at a time in machinereadable form, and solely for your own personal use.  You may make a reasonable number of copies of the Software solely for backup or archival purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Software.

5. RESTRICTIONS.
    
     You may not use, copy, modify, or transfer the Software, or any copy thereof, in whole or in part, except as expressly provided for in this Agreement. You may not reverse engineer, disassemble, dekompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law.  Any attempt to transfer the Software, or any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, resell, or distribute the Software, in whole or in part.

6. OWNERSHIP.
    
     The Finished Web Site is Property Of Client. The Software is licensed, not sold, to you for use only under the terms of this Agreement, and Phil Kapelyus ® reserves all rights not expressly granted to you.  You own the media, if any, on which the Software is recorded, but Phil Kapelyus ® retains ownership of all copies of the Software itself.




7. WARRANTY DISCLAIMER.      

    THE SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" BASIS.  Phil Kapelyus ® AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Phil Kapelyus ®, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.


8. LIMITATION OF REMEDIES.

      REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL PHIL KAPELYUS ® OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF Phil Kapelyus ® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL Phil Kapelyus ® OR ITS SUPPLIERS' TOTAL LIABILITY TO YOU FOR ANY DAMAGES EXCEED $50. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.

9. GOVERNMENT END USER RIGHTS.

      The Software is provided with restricted rights.

RESTRICTED RIGHTS LEGEND
The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.72021 through 227.72024 (JUNE 1995),
all U.S. Government End Users acquire the Software with only those rights set forth herein.

10. GENERAL.

      This Agreement will be governed by the laws of the State of  New York, without regard to or application of conflicts of law rules or principles. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement. If you have any questions concerning this Agreement, you may contact Phil Kapelyus ® by writing to:
                                  Phil Kapelyus
                                                                                                 1719 East 8th Street  
                                                                                                 Apt. # 3  Brooklyn,  NY 11223 U.S.A.
                                                                                                 Phone: 1-718-382-0304 E-mail:pkny1@juno.com
            
    THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. BY SIGNING THIS AGREEMENT  YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.

11. EXIT FROM AGREEMENT

    Either  party / s to this agreement has the right to cancel it with in 30 business days by sending a written 10 day notice by registered mail. The facsimile copies of the agreement with signatures and seals are legal and banding. With covering all tape of expenses included collection cost, attorney works and case works of this documentary that is due to premature interruption .All summery must be pay off due to the date of termination date of agreement / contract.

12. NOTICE TO THE PARTY / S

-We (the party / s /) have read and signed this agreement, including the terms of the agreement, and have received a completed copy.
-We (the party /s/) understand that agreement cannot be changed without (the party / s/) written permission.
-We (the party /s/) understand that it contains all our rights and responsibilities and will be subject to lawsuit
-We (the party /s/) With covering all tape of expenses included collection cost, attorney works and case works of this documentary that is due to  interruption date of the agreement. All summery must be pay off due to the date of termination of agreement. Falling of that is will be subject to lawsuit that must be covered by party that don’t willing to fallow agreement terms. And must cover lawsuit expenses including new fain of $ 5.000.00 US dollars as compensation of waiting time.  late of the payment Client is liebel for 5% interest  per month.

13. AUTHORIZED SIGNATURE  OF THE PARTY/S


X________________________DATE________                                                              X_______________________DATE________
     Phil Kapelyus ®                                                                            Client    

14. WITNESS OF THE CONTRACT / AGREEMENT


x_____________________________DATE____________

_______________________________________________



15. NOTARY PUBLIC AFFIDAVIT


NOTARY PUBLIC STATE Of_________________________COUNTRY Of______________________________


SUBSCRIBE AND SWORN BEFORE ME THIS_________DAY OF______________________20__________

x__________________________________________DATE_______/__________/__20_____