Before the use of online services and/or Zonto software products, we kindly ask you to examine and accept conditions of the License agreement. Commence using the specified online services and products, you herewith confirm that you have reviewed the terms of this agreement and agreed hereon.
The document "The License Agreement for using online services and/or Zonto software products" represents the offer of the Zonto World company, registered in accordance with the legislation of the Republic of Estonia (hereinafter — “Copyright Holder”), to enter into the agreement on the conditions stated below.
1. GENERAL PROVISIONS
1.1. Commence using the software products and/or Zonto Online services, you thereby agree that:
1.1.1. You have full knowledge of the terms of the Agreement prior to use the online services and/or Zonto software products.
1.1.2. The beginning of your usage online services and/or Zonto software products in any form means that you have accepted all terms of the Agreement in full without any withdrawals and restrictions from your part.Using online services and/or Zonto software products, based on other conditions, is not allowed.
1.1.3. If you do not agree with the terms of the Agreement, or you have no right to conclude one, you should immediately stop any usage of online services and/or Zonto software products.
1.1.4. The Agreement can be wholly or partly changed by the Copyright Holder without any special notification. The new edition of the Agreement shall set force from the moment of its placement on the Site of the Copyright Holder, unless otherwise stipulated by the new edition of the Agreement.
1.3. The valid version of the Agreement is placed on the Site of the Copyright Holder upon the address: https://zonto.world/agreement/ .
1.4. In case of a contradiction between the edition of the Agreement, included in a structure of distributed copies of Zonto Software products and the last version of the Agreement posted on the Site of the Copyright Holder, the edition of the Agreement placed on the Site of the Copyright Holder has legal effect.
Words and expressions, employed in the License agreement, shall have the following meaning if otherwise is not determined by the sense of the text:
2.1. The Agreement — this agreement on using online services and/or Zonto software products.
2.2. Zonto online services — complex of Zonto Software products and hardware of the Copyright Holder , access to which is provided to Users by using the Site of the Copyright Holder or the Zonto mobile applications.
2.3. The Copyright Holder — the company Zonto World, registered in accordance with the legislation of the Republic of Estonia, with its principal place of business at : Peterburi tee 47, Tallinn, Estonia, 11415.
2.4. The User — a private individual or legal entity, who has concluded this Agreement with the Copyright Holder for personal purposes or purposes of the third party according to the requirements of the applicable law and the Agreement.
2.5. Zonto software products — Zonto program complexes, belonged to the Copyright Holder and being their part, or using along with them single programs and software modules, programs or databases, which are used separately, as well as all the subsequent updates and modifications, held for use on desktop and handheld computers, mobile phones, communicators, smartphones.
2.6. Data of the business users — the database of the electronic reference book, comprising information on names, location, phones, e-mail addresses and the websites, types of manufacturing and selling goods (works performed, services rendered) and other data on the institutions, individual entrepreneurs or private individuals, residing within a certain territory, and also other legal and private bodies for the discretion for the Copyright Holder.
2.8. The digital plan — the database of the electronic card, including geo-information details about geographical objects and populated localities within the territory, limited to certain geographical coordinates.
2.9. Commercial use — using paid online services and/or Zonto software products as well as other Intellectual property items by private individual for the purpose of income acquisition (profit), and the individual entrepreneur or the institutions — for the purpose of extraction of entrepreneurial benefit, including their providing or ensuring access to them on a paid basis, i.e. for a fee or any counter providing goods, works, services, or with simultaneous providing goods, works, services on a paid basis in this or that type. Commercial using a number of online services and/or Zonto software products, as well as other Intellectual property items can be authorized by the Copyright Holder on the basis of providing exhaustive information by the User, including procedures of identification and verification.
2.10. QR code — the unique identifier, generated by software and hardware of the Copyright Holder and intended for ensuring communication of separate Zonto Online services and/or Zonto Software products, and their coupling with other software products, services.
2.11. Data protection policy — the data protection policy, placed on the Internet to the address: https://zonto.world/rules/privacy/.
3. EXCLUSIVE RIGHTS
3.1. Software products and Online services of Zonto as a whole and comprising to their structure or used together with them application software, databases, cartographic, reference-informative and other text materials, images and other objects of the author's and/or allied rights, and equally the items of patent laws, trademarks, commercial designations and trade names, as well as other parts of online services and/or Zonto software products (irrespective of whether they are their part or are additional components, and whether their extraction from their structure and use independently is possible) each separately (hereinafter — "Intellectual property items"), are protected according to the Copyright law of the Republic of Estonia and other applicable legal acts in the field of protection of intellectual property, and belong to the Copyright Holder on the basis of an exclusive right, unless otherwise provided in the notification of the rights.
3.2. The Copyright Holder keeps the exclusive rights to any results on the processing (modification) of Intellectual property items, permitted according to this License, and any time is entitled to withdraw its permission to their use at the sole discretion without compensation of any expenses, incurred by of the User in their creation and application.
3.3. The notification of the rights to the Intellectual property item is placed on such Object or is brought to the attention of the User by its providing. Absence of the notification of the rights does not mean absence of its legal protection or permission to its free use.
4. CONDITION OF USE
4.1. Using online services and/or Zonto software products is allowed strictly on the terms and conditions of the Agreement. If the User does not accept the terms of the Agreement in full, the User has no right to use Software products and/or Zonto Online services in any purposes. Using online services and/or Zonto software products under violation (non-performance) of any of the terms to the Agreement is prohibited.
4.2. Rights and methods of using online services and/or Zonto software products, which in an explicit form are not provided / not allowed to the User under the Agreement, are considered as not provided / prohibited by the Copyright Holder.
4.3. Using online services and/or Zonto software products on the terms and conditions of the Agreement in non-commercial purposes is allowed to the User on a royalty free basis.
4.4. The Copyright Holder has the right to place any information and/or promotional materials and links to the websites of the third parties in Software products and/or Zonto Online services, as well as to grant right of using online services and/or Zonto software products to the third parties by specified method according to the free standing agreement.
5. USER'S RIGHTS
5.1. The Copyright Holder grants to the User the right of using online services and/or Zonto software products on the terms of the ordinary (non-exclusive) non-transferable license in the territory of all countries of the world by the methods, specified in this clause.
5.2. Functional use of Zonto Software products. The User has the right to use Zonto Software products on its designated functional purpose, according to User’s Guide, and following this purpose the User can perform their installation on the desktop or PDA(s), the smartphone(s) or other devices (hereinafter — "Devices"). Pursuant to this clause, the User has the right to perform installation of Zonto Software products on an unlimited number of Devices.
5.3. Functional usage of Zonto Online services. The User has the right of using Zonto Online services for its designated functional purpose on unlimited number of Devices in accordance with the terms of this License. At the discretion of the Copyright Holder, for usage of some Zonto Online services or their additional functionalities, the User may be required to accept conditions of the free standing agreement.
5.4. Use of links to separate pages or fragments of the website https://zonto.world/ on the Internet. The User has the right to use html-links to any of the pages related to the website https://zonto.world/ on the conditions, provided below.
5.5. Use of website elements https://zonto.world/, fragments of cards from online services and/or Zonto software products in media, printing arts and outdoor advertising. The User has the right to reproduce elements or information on the website https://zonto.world/, or the Zonto mobile applications by copying of visual display of a content, generated by Software products and/or Zonto Online services in printed periodical publications, printing arts, outdoor advertising and other printed and electronic publications, on condition of availability of the caption to each of a fragment, conforming to a type, stated above: © Zonto.world. Type, size, used for the caption of cards’ fragments in printed publications and printing arts, has to make not less than 5 pt, and in the outdoor advertising — not less than 2% of the layout square.
6. USE RESTRICTIONS (VOLUME OF THE PERMITTED USE)
6.1 The User has no right independently or with involvement of the third parties:
6.1.1. To reverse engineering technology, emulate, create new versions, change, decompile, disassemble, decode and make other actions with a code of online services and/or Zonto software products aiming at violating the protection system of online services and/or Zonto software products from unauthorized use, extraction of reference and other materials from databases, and also obtaining information about the implementation of algorithms, used in Software products and/or Zonto Online services.
6.1.2. To create software or reference and information products and/or services by using the online services and/or Zonto software products, as well as included in their structure databases or the taken out (extracted) hereon descriptive matter, cartographic and reference materials, and equal other Intellectual property items, specified in a sub-clause 2.1 of the Agreement.
6.1.3. To reproduce and distribute the Zonto Software products in commercial purposes without written consent of the Copyright Holder.
6.1.4. To take from the databases, included into a structure of Zonto Software products, any reference and informational materials, as well as the other data in order to perform their subsequent use in any form and in any manner.
6.1.5. To use the databases, being a part of Zonto Software products, separately from such Zonto Software products.
6.1.6. To provide access to Zonto Online services for commercial purposes, including by broadcasting from them the data by any methods, including the use of the frames and other program ways and methods, providing data acquisition from the Zonto Online service and their introduction on the website of the third parties, unless otherwise stipulated by the free standing agreement with the Copyright Holder.
6.1.7. To delete or in any manner change the trademarks, industrial designs and notifications on author and any other rights, included in Software products and/or Zonto Online services, and also those left on Digital plans and other cartographic materials.
6.2. In order to avoid doubts, it is considered PROHIBITED for such actions as copying, reproduction, processing, distribution, placement in a free access (publication) on the Internet, use in mass media and/or commercial use of cartographic materials, reference and information materials, both directly taken from the databases, included into a structure of online services and/or Zonto software products, and received by copying of results of data processing with use of online services and/or Zonto software products, as well as products, derivative of such materials (with additions, reductions and other altering), except the events, directly provided by the Agreement.
7. AUTOMATIC UPDATES
7.1. Zonto Software products can periodically interact with soft- and hardware of the Copyright Holder, aiming to verify the presence of updates for Zonto Software products, and namely modifications of Zonto Software products, additional modules to them, and updates of databases over the cities (hereinafter "Updates").
7.2. While installing Zonto Software products, the User agrees to the possibility of their further requests with receiving and installation of Updates in the automatic mode.
8. DATA PROTECTION POLICY
8.1. The User is requested to present personal information for use of a number of online services and/or Zonto software products, unless otherwise directly stipulated by the free standing agreement on using such online services and/or Zonto software products.
8.2. The order of processing and protection of User’s data, received by the Copyright Holder in connection with User’s use of online services and/or Zonto software products, is defined by Data protection policy by a reference to specific features, established by the Agreement and usage agreements of separate online services and/or Zonto software products pursue to the Personal Data Protection Act of the Republic of Estonia.
9. AGREEMENT RESPONSIBILITY
9.1. Concerning the rights to use the online services and/or Zonto software products, granted upon the Agreement in non-commercial purposes on a royalty free basis, the provisions of the consumer protection law are not applicable to the relations of Agreement parties.
9.2. As Software products and/or Zonto Online services are provided on the conditions "as is", the User isn’t insured by any guarantee that they shall conform to User’s requirements, or shall be provided continuously, fast, reliably and error free, and results, which can be received with their use, shall be exact and reliable, or all errors shall be corrected.
9.3. The Copyright Holder uses reasonable efforts, that information, placed in the reference book and on the card, would be accurate; however the Copyright Holder does not give any guarantee concerning the accuracy of such information and does not bear any liability hereon. Use of any materials and data from a structure of online services and/or Zonto software products applies solely to the User’s risk; the Copyright Holder is not liable for any loss of profit or other damage, resulted from using online services and/or Zonto software products.
9.4. All information and/or promotional materials, placing in Software products and/or Zonto Online services are provided by the third parties. The Copyright Holder does not bear responsibility for the reliability of information and/or promotional materials of the third parties, the accessibility of their websites and their contents, as well as for any effects, connected with the usage of information and/or advertizing, and the websites of the third parties.
9.5. As Software products and/or Zonto Online services are at a stage of permanent addition and updating of new functionality; the form and the character of products and the provided services can be changed from time to time without a prior notice to the User. At own discretion the Copyright Holder has the right to determine (temporarily or finally) providing online services and/or Zonto software products (or any separate parts of products or functions of services) to all Users in the whole amount or to a certain User in particular, as well as to modify or withdraw the Agreement without a prior notice.
9.6. The User takes responsibility for any violation of obligations, established by the Agreement and (or) applicable law and for all effects of such violations (including any losses which the Copyright Holder and other third parties can incur).
9.7. At own discretion the Copyright Holder reserves the right to prosecute the violators of the exclusive rights to Intellectual property items according to the civil, administrative and penal legislation.
10. APPLICABLE LAW AND ARBITRATION
10.1. The Agreement, its interpretation, actuality and execution, as well as statements, rights and obligations of the parties are defined and regulated in every respect by the legislation of the Republic of Estonia, including the relevant laws on arbitration.
10.2. In case of any dispute, arising between the parties of the Agreement or in connection herewith, such as its interpretation, execution, violation, termination or invalidity of the Agreement, the Parties at first have to try resolving it by friendly negotiations. In case of impossibility to settle the arisen dispute within 15 (fifteen) days after the commencing date of a dispute consideration, the either party or they both could submit a dispute to the arbitration according to a sub-clause 10.3 below.
10.3. All and any disputes, contradictions and requirements, which arose from the Agreement or in connection herewith, including in connection to its violation, termination or invalidity, are subject to be litigated in the arbitration in compliance with the applicable law of the Republic of Estonia, in such edition, which is operating at the moment of the dispute resolution.
10.4. The arbitration is conducted by one arbitrator, and the venue of arbitration shall be Tallinn, the Republic of Estonia. The parties approved, that language of the arbitration process is English. The decision of the arbitration is deemed final and obligatory for the parties. No provisions of this clause shall limit the right of the Party to file a lawsuit against the other side to the court in the Republic of Estonia or any court having competent jurisdiction for the purposes of (a) requesting a claim about the application of injunctive relief or judicial prohibition and/or (b) enforcement of an arbitral award, issued according to this clause.
11. COPYRIGHT HOLDER’S PRIVILEGE TO TERMINATE AGREEMENT
The Agreement can be unilaterally changed or terminated by the Copyright Holder without a prior notice of the User and without a reimbursement of any compensation in this regard, also without prejudice to any other rights and remedies of the Copyright Holder, and without responsibility to the User for any losses and damage, which can be caused.
12. DUTIES AFTER AGREEMENT TERMINATION
12.1. After termination of the Agreement for any reason, the right of the User to use the Software products and/or Zonto Online services shall automatically stop, and the User is obliged immediately terminate using such services, and remove, abolish the Zonto Software products, being in possession or under the control of the User, or otherwise on a permanent basis, and exclude a possibility of their further use.
The termination of using online services and/or Zonto software products, caused by any reasons, does not influence the rights of the Party under the Agreement, which arose before the termination date.
13. FORCE MAJEURE
Any of the parties does not bear responsibility for any non-execution or untimely fulfillment of obligations under the Agreement, caused by the reasons, which are out of its reasonable control. Such non-execution or untimely execution will not be considered as the violation of the Agreement, and performance time limit for corresponding liabilities shall be expanded by a justified time frame.
Shall any part of the Agreement be admitted by a court of a competent jurisdiction, or the other competent instance, or by an arbitrator as invalid, illegal or not secured with a legal sanction, such part will be separated from the other terms of the Agreement, which remain in force and provided with a legal sanction in the most extend and being statute-allowed.
15. REFUSAL OF THE RIGHTS
Non-use or delay in the use of the rights, privileges or remedies under the Agreement, occurred by the either party, is not refusal of such rights, and one-time or partial use of such rights, privileges or remedies does not interfere with other or further use. The disclaimer has to be issued in writing. The remedies, provided under the Agreement, have cumulative character and do not exclude application of the remedies, provided under the law.
Headings in the Agreement are used for convenience only and are not taken into account in the interpretation of provisions of the Agreement.