PUBLIC OFFER
(User's agreement)
Dubai, UAE published on «28» January 2023
VEYA FZCO, United Arab Emirates, Dubai, Dubai Silicon Oasis, Building A2, PO BOX 342001, hereinafter referred to as the "Licensor", and an individual or entity, hereinafter referred to as the "User", on the other hand, collectively referred to as the "Parties", have entered into this Agreement as follows:
This document is an official public offer of the Licensor to a legal or natural person across the globe to conclude a license agreement on the terms and conditions set forth in the offer. The legal or natural person making the acceptance of this offer becomes the User.
Offer - this document "License Agreement-Offer", a public offer of the Licensor, addressed to individuals or legal entities, to conclude a license agreement with him (hereinafter referred to as the Agreement) on the terms contained in the Agreement.
Acceptance - full and unconditional acceptance by the User of the terms of the Agreement. An acceptance under this Agreement is any of the facts that occurred earlier:
- Sending an application by the User
- Payment in accordance with the terms of this Agreement
1. The Subject of the Agreement
1.1. The Licensor undertakes to grant the User, for a fee, the right to use the object of intellectual property – D.Yu. Ustinov "GSR - Deep Development System", the right to use is transferred for the "First Module" and any other modules presented on the website https:\\gsrpower.ru and any subpages, under the terms of a simple (non-exclusive) license within the limits stipulated by this agreement (hereinafter referred to as the "License"). The author's technique provides for the analysis of various situations and the study of the emotional state of the User in a symbolic / playful form, aimed at understanding and changing his general life motivation, strengthening self-confidence and subsequently achieving the desired goals.
2. Representations about circumstances
2.1. The Licensor provides the User with assurances about the following circumstances:
2.1.1. The owner of the exclusive right to the License (Copyright Holder) is the Author Ustinov D.Yu. The Licensor has received the consent of the copyright holder to grant the License to the User.
2.1.2. The Licensor does not need to obtain other consent or permission from third parties or public authorities to enter into and execute this agreement.
2.2. The license is provided on an "as is" (AS IS) basis, which means that the User agrees that any author's technique contains the subjective approach of the Author and is not free from errors. The User assumes all risk associated with the use of the License. The User bears the risk that the License will meet his desires and needs, as well as the risk that the terms and scope of the rights granted will correspond to his desires and needs. The User undertakes to comply with the terms of use of the License (license terms of the copyright holder) for the end user and is aware of the liability established by applicable law for non-compliance with these terms. The User is notified that the use of the Author's Methodology may affect the User's attitude to various areas of his life, creating a need for new changes in his emotional state.
3. Procedure for granting the License
3.1. The Licensor is obliged to grant the User the right to use the Author's Methodology:
- by providing access to the materials and projects of the Author's methodology via the Internet, the link is sent to the User by using any messenger specified by the User. Access to these materials is provided to the User on an indefinite basis, does not require extension and / or additional payments.
3.2. Transfer of the material carrier to the User is not performed. The User has the right to print the provided materials according to the Author's method and use them solely for personal needs.
3.3. The User does not have the right to make changes to the Author's Method, compile, translate, use the Author's Method as part of another result of intellectual property rights, distribute the received materials, post on the Internet or otherwise publish in full or parts of the Author's Method, use the Author's Method for third parties.
3.4. The Parties do not sign any Transfer and Acceptance Certificate. The right to use the License is considered granted to the User from the moment of acceptance of this Agreement.
4. License fee
4.1. For granting a License to use the Author's Methodology, the User pays the Licensor a fee in the amount indicated on the relevant Internet page.
4.2. The remuneration is paid by transferring funds to the Licensor's settlement account specified by the Licensor in the following order: at a time in the order of 100% prepayment.
4.3. The User's obligation to pay remuneration to the Licensor is considered fulfilled from the moment the funds are debited from the correspondent account of the User's Bank.
5. Privacy and personal data
5.1. Information constituting the essence of the protected results of intellectual activity that became known during the performance of the contract, other information are confidential and are not subject to disclosure without the written consent of the other Party.
5.2. The Parties undertake to ensure the confidentiality of the information specified in paragraph 5.1 of this Agreement.
5.3. The obligation of the Parties to maintain confidentiality remains throughout the term of the agreement, i.e. indefinitely.
5.4. For the purposes of the Licensor's compliance with UAE legislation on personal data, the User - an individual gives his consent to the collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking, destruction of his following personal data: surnames; name; registration addresses; series and numbers of identity documents or their substitutes; phone numbers; other data related to the conclusion and execution of this Agreement for the entire duration of the Agreement.
6. Liability of the parties
6.1. The Party that has not fulfilled or improperly fulfilled the obligations stipulated by this Agreement shall be liable in accordance with this Agreement and the current legislation of UAE, including reimbursement to the other Party for all losses caused by such a violation in full.
6.2. In the event that third parties present any claims and/or claims to the User about the violation of their rights as a result of the User's use of the License in accordance with the terms of this Agreement, the Licensor undertakes to provide any necessary information and/or documents.
6.3. The use of the License in a manner not provided for by this agreement, or beyond the limits of the rights granted to the User under the agreement, entails liability for violation of the exclusive right established by the current legislation of the UAE.
7. Force majeure circumstances
7.1. None of the Parties will be liable for non-fulfillment or improper fulfillment by one of the Parties of its obligations if proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of this agreement. Such circumstances include: fire, flood, earthquake, other natural disasters, war, hostilities, strikes, civil unrest, epidemics, blockade, embargo, adoption of regulations by public authorities and administrations that make it impossible for the Parties to fulfill or properly fulfill their obligations etc.
7.2. In cases of occurrence of the circumstances provided for in clause 7.1. of this Agreement, the period for the Party to fulfill its obligations under the Agreement shall be extended in proportion to the time during which these circumstances and their consequences are in force.
7.3. If the circumstances listed in clause 7.1. of the Agreement, and / or their consequences continue to be valid for more than two months, this agreement may be prematurely amended or terminated at the request of one of the Parties, provided that the execution of the agreement without changing its terms under force majeure circumstances would significantly violate the balance of property interests corresponding to the Agreement of the Parties and would cause such damage to the Party concerned that it would largely lose what it had the right to count on when concluding the Agreement.
7.4. The party referring to the occurrence of force majeure circumstances, within 10 (ten) business days from the date of their occurrence, is obliged to provide the conclusion of the chamber of commerce and industry or other authorized state authority of the relevant region, confirming the existence of these circumstances and their impact on the execution of the Agreement. In case of failure to submit supporting documents, the Party is not entitled to refer to force majeure circumstances.
8. Dispute Resolution
8.1. All disputes not settled by negotiation arising in connection with the conclusion, modification, termination, interpretation and validity of this agreement shall be resolved in accordance with the laws of the UAE.
9. Duration of the Agreement and final provisions
9.1. The Licensor is obliged to refrain from any actions that could hinder the User from exercising the right granted to him to use the License within the limits stipulated by this agreement.
9.2. Nothing in this Agreement shall be construed as an association, partnership or joint venture agreement or copyright transfer more than expressly provided for in this Agreement.
9.3. The rights, obligations, responsibilities of the Parties not regulated by this agreement are determined in accordance with the legislation of the UAE.
9.4. The contract is valid indefinitely from the moment of acceptance, does not require prolongations and / or additional payments.
9.5. The offer is valid from the date of publication on the Site until the date of withdrawal.
9.6. The Licensor has the right to change the Agreement. The Agreement is considered concluded on the new terms on the third day after the publication of the new version of the Offer, if the Licensor has not received an email from the User to terminate the Agreement within three days.
9.7. The invalidity of certain terms of this agreement does not entail the invalidity of its other terms and / or the agreement as a whole.
9.8 All documents, including this agreement, notifications, supplementary agreements, annexes, etc., sent by the parties to each other in pursuance of this agreement, certified by signatures and sent to the opposite party via Skype or e-mail in the form of scanned documents in PDF/JPEG formats, are recognized by the parties as full-fledged legal documents. Scanned copies of these documents are legally valid and can be used by the parties as written evidence in court.
9.9 From the moment of the conclusion of this agreement, all previous correspondence, negotiations, concluded agreements, agreements, protocols on issues related to this agreement become null and void.
9.10. Emails sent from the addresses of Users specified during account registration are recognized as signed with a simple electronic signature - an analogue of a handwritten signature.
