END USER LICENSE AGREEMENT «iShooter»

Revision dated 10/17/2023

Important! Before you begin any use of the SOFTWARE listed below, carefully read the terms of use contained in the Agreement. Any commencement of use of the SOFTWARE constitutes the proper conclusion of the Agreement and your full acceptance of all its terms. If You do not agree to unconditionally accept the terms of the Agreement, You do not have the right to use the SOFTWARE. The SOFTWARE is intended for use for purposes related to personal, family, household and other similar needs, as well as business or other economic, including non-profit activities.
This End User License Agreement (“Agreement”) is a legally binding agreement between SHOOTING SOFT LLC and You, the end user (either an individual acting on its own behalf and for its own benefit, or a legal entity) and applies to the following SOFTWARE:
Computer program “Tool for training shooting skills «iShooter» for the WINDOWS operating system versions 10 and 11.

BY ACCEPTING THIS AGREEMENT OR USING THE PROGRAM, YOU AGREE TO ALL TERMS OF TRANSFER OF CERTAIN INFORMATION DURING ACTIVATION, AS WELL AS TO THE USE OF THE INTERNET FEATURES OF THIS PROGRAM. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE OR ITS FEATURES.

Clicking the consent button in the window with the text of the License Agreement when installing the SOFTWARE or entering the appropriate symbol(s) means your unconditional acceptance of the terms of this License Agreement.
If you do not agree to the terms of this License Agreement, you must discontinue installation of the SOFTWARE.
If there is a license agreement or similar document, the terms and conditions for use of the SOFTWARE set forth in such agreement shall supersede the terms of this EULA.


1. Definitions
1.1. SOFTWARE - the software specified in this Agreement, accompanying materials, updates described in the User Manual, the copyright holder of which is SHUTING SOFT LLC.
1.2. The copyright holder (owner of the exclusive right to the software) is SHOOTING SOFT LLC.
1.3. Device (computer, laptop, tablet, etc.) - equipment for which the SOFTWARE is intended, on which the SOFTWARE is installed and/or on which the SOFTWARE is used.
1.4. User (You) is an individual who installs or uses the SOFTWARE on his own behalf or legally owns a copy of the SOFTWARE. If the SOFTWARE was downloaded or purchased on behalf of an entity, the term User (You) also means the entity for whom the SOFTWARE was downloaded or purchased and which has authorized the individual to accept the agreement on its behalf.
1.5. Partners are organizations that distribute the SOFTWARE on the basis of an agreement with the Copyright Holder.
1.6. Update(s) - all improvements, corrections, extensions and/or modifications to the SOFTWARE.
1.7. User Guide - accompanying printed, digital and other materials, User Guide, Administrator Guide, reference book, help file and similar printed and electronic documents owned by SHUTING SOFT LLC.


2. Grant of license
2.1. You are granted a non-exclusive license to use the SOFTWARE for electronic shooting training as described in the User Manual, subject to all technical requirements described in the User Manual and all restrictions and conditions of use of the SOFTWARE set forth in this License Agreement.
If you receive, download and/or install test copies of license activation keys for the SOFTWARE, you have the right to use the SOFTWARE for evaluation purposes only, starting from the date of initial installation of the SOFTWARE. Any use of the SOFTWARE for other (commercial, educational, training, etc.) purposes, as well as with third party equipment or after the end of the trial period is prohibited.
You are aware and you agree that the SOFTWARE will work correctly only with the use of electronic weapon models, light electronic laser attachments, light electronic laser inserts purchased only from the Copyright Holder or its official Partners, unless otherwise specified by the Copyright Holder.
Models of weapons, light electronic laser attachments, light electronic laser inserts purchased from other suppliers must comply with the requirements established by the Copyright Holder.
If You use different versions of the SOFTWARE or versions of the SOFTWARE for different languages, if You received the SOFTWARE on multiple media, if You otherwise received multiple copies of the SOFTWARE, or received the SOFTWARE as part of another software package, then the total number of Your computers on which you have installed and/or all versions of the PROGRAM are used, must correspond to the number of computers specified in the licenses received from the Copyright Holder, unless otherwise specified in the license terms; Each purchased license gives you the right to install and use the PROGRAM on the number of computers specified in clause 2.2 and clause 2.3.
2.2. If you purchase the SOFTWARE on a physical medium, you have the right to use the SOFTWARE on as many computers as permitted by the terms of the license you purchased.
2.3. If you purchase the SOFTWARE online, you have the right to use the SOFTWARE on as many computers as permitted by the terms of the license you purchased.2.4. To use the SOFTWARE, you may need to register in your Personal Account or send contact information (e-mail, contact phone number) to use all the features of the SOFTWARE.
2.5. After activating the PROGRAM or the procedure for installing a key file (with the exception of the PROGRAM intended for evaluation purposes), you are given the opportunity, during the validity period of a simple (non-exclusive) license specified in the Specification to the Agreement, to receive from the Copyright Holder or its Partners:
- new versions of the SOFTWARE as they are released (via the Internet);
- technical support (via email);
- access to user information and auxiliary resources for the Copyright Holder’s software.


3. Activation and timing
3.1. When modifying a computer or making changes to software installed on it from other copyright holders, it may be necessary to re-activate the SOFTWARE or reinstall the key file, the number of which may be limited by the Copyright Holder.
3.2. If the SOFTWARE is purchased on a physical medium, then the period of use of the SOFTWARE is established by the terms of the license you purchased.
3.3. If the SOFTWARE is purchased online, the expiration date for the SOFTWARE is specified at the time of purchase or upon receipt of the SOFTWARE.
3.4. The User has the right to use the SOFTWARE, intended for evaluation purposes and distributed without payment of remuneration specified in clause 2.1, during the period established by the Copyright Holder for familiarization with such SOFTWARE in accordance with the terms of this License Agreement. If the Copyright Holder establishes a different period for using the SOFTWARE, intended for informational purposes and distributed without payment of remuneration, the User is notified of this by sending an information message.
3.7. The useful life is limited to the period of use of the SOFTWARE specified in clause 3.2, clause 3.3, and cannot exceed the period specified in clause 8.3; Information about the terms of use of the SOFTWARE specified in clause 3.2 and clause 3.3 can be checked using the means described in the User Guide. At the end of its useful life, the SOFTWARE may be automatically deactivated and become inoperative or continue to operate with limited functionality.
3.7. If the SOFTWARE is purchased for multiple devices, the period of use of the SOFTWARE begins on the date of activation or installation of the key file on the first computer.
3.8. If you violate any of the terms of this License Agreement, the Copyright Holder has the right to terminate this License Agreement with respect to the use of the SOFTWARE at any time without notice to you and without refunding the cost of the SOFTWARE or any part thereof.
3.9. The Copyright Holder reserves the right to limit the ability to activate the SOFTWARE outside the region in which the product was purchased from the Copyright Holder or its Partners.
3.10. If there are restrictions specified in clause 3.9, information about such restrictions must be indicated by the Partners on the packaging and/or on the website of the Copyright Holder's Partners.
3.11. In order to verify the legality of the use of the SOFTWARE, the Copyright Holder reserves the right to use means to verify that you have a licensed copy of the SOFTWARE.
The SOFTWARE may transmit to the Copyright Holder information about the license necessary to verify the legality of its use. If the test cannot be completed within the specified time specified in the User Guide, the SOFTWARE will operate with limited functionality.
4. You agree that the Copyright Holder bears no responsibility for the unauthorized use of information obtained using the SOFTWARE.


5. Technical support
5.1. Technical support of this License Agreement is provided subject to the User installing the latest update of the SOFTWARE (except for SOFTWARE intended for evaluation purposes) and in accordance with the technical support rules.
Technical support service and rules for its provision: https://shooting-soft.com/support.
5.2. The User data specified in the Personal/Personal Account can be used by Technical Support Service specialists only when processing his request to the specified Service.


6. Providing information
6.1. You agree to automatically provide information about the installation or uninstallation of the SOFTWARE on your device, including, but not limited to, information about the installer error code, distribution used, operating system version, computer ID and installation type.
6.2. BY ACCEPTING THIS AGREEMENT OR USING THE PROGRAM, YOU AGREE TO ALL TERMS OF TRANSFER OF CERTAIN INFORMATION DURING ACTIVATION, AS WELL AS TO THE USE OF THE INTERNET FEATURES OF THIS PROGRAM. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE OR ITS FEATURES.


7. Limitations
7.1. You may not decompile, disassemble, modify, or make derivative works of the SOFTWARE, in whole or in part, except as required by law.
7.2. It is prohibited to transfer the right to use the SOFTWARE to third parties without the consent of the Copyright Holder.
7.3. It is prohibited to transfer or provide access to the activation code and/or key file to third parties in violation of the provisions of this License Agreement, except for the cases provided for in clause 2.5 of this License Agreement. The activation code and key file are confidential information. Keep the activation code in a safe place until the license expires.
7.4. You may not rent, lease or loan the SOFTWARE.
7.5. The Copyright Holder has the right to cancel (deactivate) the license if the User violates the terms of this License Agreement unilaterally.
7.6. When using the SOFTWARE for evaluation purposes, you do not have the right to receive technical support, or transfer your copy of the SOFTWARE to third parties.
7.7. For violation of intellectual rights to the SOFTWARE, the violator bears civil, administrative or criminal liability in accordance with the legislation of the Copyright Holder.
7.8. In case of violation by you of the intellectual (property and non-property) rights of the Copyright Holder, illegal borrowing, plagiarism of software or its elements, interfaces, copying, reproduction, distribution of text and source code of the software and/or part of the source code, as well as other uses of the results of intellectual property Copyright Holder, you are subject to a fine in the amount of 150,000 (one hundred and fifty thousand) US dollars for each established fact of violation, as well as liability and compensation for losses, damages and lost profits incurred by the Copyright Holder as a result of your violation of the intellectual rights of the Copyright Holder, the amount of which is determined by the Copyright Holder.
7.9. You do not have the right to sublicense (grant the right to use the Product) the Software to third parties.


8. Limited Warranty and Disclaimer of Warranties
8.1. The Copyright Holder guarantees the operation of the SOFTWARE in accordance with the description given in the User Guide and subject to the use of supported versions of the SOFTWARE, unless otherwise provided by the license agreement. A list of supported versions is available at https://shooting-soft.com/support.
8.2. You agree that certain versions of the SOFTWARE are provided with an automatic update option enabled, which automatically downloads and installs improvements, patches, enhancements and/or modifications to the SOFTWARE and software components, as well as new versions of the SOFTWARE. This option can be disabled in the SOFTWARE settings.
8.3. If updates to the PROGRAM contain significant changes in the interface, relate to the receipt and processing of User data, change the terms of this License Agreement, and also entail a significant change in functionality, you have the right to refuse such updates and continue to use the current version of the PROGRAM until its support is terminated, in accordance with with rules available at https://shooting-soft.com/support.
8.4. You agree that no SOFTWARE is error free and you are advised to regularly back up your files.
8.5. The Copyright Holder does not guarantee the operation of the SOFTWARE in violation of the conditions described in the User Guide, as well as in the event of a violation by the User of the terms of this License Agreement.
8.6. The Copyright Holder does not guarantee the functionality of the PROGRAM to the User if the User does not use the latest current version of the PROGRAM.
8.7. The Copyright Holder does not guarantee the User protection from the threats described in the User Guide after the expiration of the period specified in clauses 3.2 and 3.3 of this License Agreement.
8.8. You agree that the SOFTWARE is provided with default settings and You are responsible for changes You make to the SOFTWARE settings.
8.9. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SOFTWARE, THE SOFTWARE IS PROVIDED "AS IS". THE COPYRIGHT HOLDER AND ITS PARTNERS DO NOT GIVE ANY WARRANTY FOR ITS USE OR IMPROVEMENT. EXCEPT FOR WARRANTY, CONDITIONS, REPRESENTATIONS OR PROVISIONS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE COPYRIGHT HOLDER AND ITS AFFILIATES MAKE NO WARRANTY, CONDITION, OR REPRESENTATION. TERMS OR CONDITIONS (EXPRESS OR IMPLIED, EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED OBJECTIVES, INSTALLATION AND USE OF THE SOFTWARE, AND FOR THE RESULTS OBTAINED FROM THE SOFTWARE.


9. Limitation of liability
9.1. TO THE MAXIMUM CONDITIONS, THE COPYRIGHT HOLDER AND/OR ITS PARTNERS ARE NOT LIABLE FOR ANY DAMAGES AND/OR LOSSES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFIT, INTERPRETATION OF BUSINESS, LOSS OF INFORMATION OR ANY OTHER PROPERTY DAMAGES) ARISING DUE TO THE USE OR INABILITY TO USE THE SOFTWARE PROVISIONS, EVEN IF THE COPYRIGHT HOLDER AND ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND/OR DAMAGES. IN ANY CASE, THE LIABILITY OF ENTITY AND ITS AFFILIATES UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


10. Open source (free) software
10.1. This product contains or may contain programs that are licensed (or sublicensed) to the User under the GNU General Public License or other similar open source licenses which, among other rights, allow the User to copy, modify, redistribute and access certain programs or portions thereof to the source code (“OPEN SOURCE SOFTWARE”). If such license provides for the provision of source code to Users to whom the SOFTWARE is provided in executable binary code format, then the source code is provided upon request or included with the product. If any license for the Open Source SOFTWARE requires the Copyright Holder to grant rights to use, copy or modify the Open Source SOFTWARE beyond the scope of the rights granted in this License Agreement, such rights supersede the rights and restrictions set forth in this License Agreement.


11. Intellectual property rights
11.1. You agree that the SOFTWARE, documentation, as well as all other objects of copyright, as well as systems, ideas and methods of work, other information contained in the SOFTWARE, trademarks are objects of intellectual property of the Copyright Holder or its Partners. This License Agreement does not grant you any rights to use intellectual property, including trademarks and service marks of the Copyright Holder or its Partners, except for the rights granted by this License Agreement.
11.2. You agree that you will not change or modify the SOFTWARE in any way. You may not remove or alter the copyright or other proprietary notices on any copy of the SOFTWARE.


12. Applicable law
12.1. This License Agreement is governed by the laws of the country of registration of the Copyright Holder.
12.2. Further, you express your consent and confirm that all inventions, additions, works subject to protection by the legislation on the protection of intellectual rights of the Russian Federation, the provisions of the Berne Convention for the Protection of Literary and Artistic Works of 09.09.1886 (as amended on 28.09.1979), provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of April 15, 1994, provisions of the WIPO Copyright Treaty of December 20, 1996, provisions of the United States Copyright Act No. 94-553 of October 19, 1976, and projects/calculations, relating to mechanisms, methods, compositions or products owned by the Copyright Holder, relating, directly or indirectly, to information constituting a trade secret and other confidential information of the Copyright Holder, as well as the right to sell, use, license or ideas, concepts and methods are an integral part and property of the Copyright Holder, and you do not have any rights to them.
12.3. If any provision of this License Agreement is held to be invalid, unenforceable or illegal, the remaining provisions of this License Agreement will remain in full force and effect. In the event of a conflict between the terms of this agreement and the terms of any software license agreement entered into between You and the Partners or Copyright Holder, the terms of such license agreement will prevail, otherwise the terms of this agreement and such agreement will apply.