Table of Contents

END-USER LICENSE AGREEMENT

EREMEX JSC

EREMEX EMX Controls

Copyright (c) 2008-2025

IMPORTANT — PLEASE, CAREFULLY READ THE TERMS OF THE END-USER LICENSE AGREEMENT BEFORE DOWNLOADING AND USING THE SOFTWARE.

The End-User License Agreement (hereinafter referred to as "EULA") is a legally binding agreement between you (an individual and/or legal entity, installing the Software) (hereinafter referred to as "User") and JSC EREMEX.

By purchasing, installing, copying or using the Software in any other way, you accept that you have read the EULA in its entirety and agreed to be bound by its terms and conditions.

If you do not agree with any term of the EULA or do not have an authority to conclude it, purchasing, installing, copying or any other usage, including reproduction of any part of a file or the Software in any way is prohibited. You are also obliged to immediately stop any usage of the Software, return the Software to the Copyright holder, remove the Software and its parts on your PC and do not use the Software in any other way.

In case of existence between the Copyright holder and you any other license agreement relating to the Software besides or in addition to the EULA, the terms of use of the Software stated in the EULA prevail over provisions of any license agreement concluded with the Copyright holder relating to the Software.

The Copyright holder without any special notification can amend the EULA (including its any part). A new edition of the EULA comes into force after being posted on the Copyright holder's website, unless otherwise stipulated by the new EULA edition.

DEFINITIONS

PC — personal computer or any other hardware, which is used for the Software installation.

Software — application purchased under the terms of this EULA ("EMX Controls 1.X").

Update(s) — all improvements, fixes, additions and/or modifications of the Software, including its new versions.

Open source library — any open-source licensed library, which means a software that can be freely used, amended and/or published without a copyright holder's permission.

Copyright holder — Joint Stock Company EREMEX, OGRN 1197746654060, INN 9723094014, KPP 772301001, registered office: 115088, Russian Federation, Moscow, 27 Ugreshskaya st, bld. 1, room/floor 2/1A.

User — person concluded the EULA with the Copyright holder in accordance with the requirements of the applicable Russian law and the EULA.

Documentation — accompanying electronic and/or printed materials necessary to ensure the operation of the Program in accordance with its purpose, the right holder of which is the company "EREMEX".

Copyright holder's websites — webpages, located in domains accessible at the URLs: https://www.eremex.ru/, https://www.eremexcontrols.ru, https://www.eremexcontrols.com, https://www.eremexcontrols.net.

1. GENERAL TERMS

1.1. The Software "EMX Controls 1.X" is protected in accordance with the Part 4 of Civil Code of the Russian Federation (hereinafter referred to as "CC RF") and the Copyright holder have an exclusive right to the Software, unless otherwise stipulated by the notice of rights.

1.2. The Copyright holder retains the exclusive right to the Software integrated in derivative PC programs, where the JSC EREMEX Software is used (par. 3 art. 1260 CC RF), in accordance with the EULA, and has the right to withdraw its permission to use the Software in the derivative PC programs at its own discretion, in case of the Copyright holder's exclusive rights infringement, without any compensation of the User's losses caused by developing and using of the derivative PC programs.

1.3. The notice of rights to intellectual property is located in the copy of the Software or reported to the User when the Software is provided. The absence of the notice of rights shall not be considered as the absence of legal protection or as the permission to use the Software freely.

1.4. The Software is protected in accordance with the copyright law. The Copyright holder retains the exclusive right to the Software. A license for using the Software is granted on a per-developer basis in case of acceptance of and agreement to the EULA.

1.5. The EULA may be translated into other languages for ease of understanding. However, the User hereby agrees that all legal relations between the Copyright holder and the User will be governed by the Russian version of the EULA.

1.6. On the Copyright holder request, the User is obliged to grant a full information confirming the legitimate usage of the Software in accordance with terms of the EULA.

2. LICENSE GRANT

2.1. In accordance with the terms of the EULA the User receives a simple (non-exclusive) license to:

  • install and use the Software to design, develop and debug the derivative PC programs;
  • install and use one copy of the Software by one user-developer;
  • install a copy of the Software on the PC and transfer the Software freely from one PC to another, providing that the User is the only person who uses the Software;
  • install the Software on the User's server hard drive, providing that the server has an infrastructure to track, control and limit the number of simultaneously used licenses (the number of simultaneously used licenses on the PCs connected to the server must not exceed the number of licenses purchased by the User);
  • write and compile the User's PC programs that use the Software and its data. All copies of the software written and distributed by the User must have the notice of the Copyright holder's rights;
  • collaboratively distribute the derivative PC programs around the world in any way non-contrary to the applicable law and the EULA including, but not limited to: distributing on the Internet, on cloud services, on tangible media, during the derivative PC program term of the exclusive right, with the following right to use the derivative PC programs through reproduction limited to: installation, copying and launching the derivative PC program;
  • create a backup or archival copy of the Software or a copy of the Software on separate data storage provided the original Software is only used for backup or archival purposes;
  • get a technical support, notifications about new versions of the Software, which can be downloaded free of charge.

2.2. The usage of the Software's trial version.

2.2.1. The User can test the trial version of the Software, which is provided on the "try before you buy" basis.

2.2.2. The User is obliged to be authorized on the official Copyright holder's website to use the Software's trial version.

2.2.3. The Software's trial version is effective for 60 (Sixty) calendar days. When the term of the trial version expires, the Software shall terminate. The User is obliged to uninstall the Software and all its copies.

2.2.4. The Software's trial version has the same legal regulations as the full version.

3. THE SOFTWARE USAGE RESTRICTIONS

3.1. The User has the right to use the Software strictly in the allowed ways and considering the restrictions explicitly imposed by the EULA.

3.2. The User is not entitled to reproduce (make copies), distribute, publicly display, make available to the public, import, export, to lease for a rent or a temporary use, change (modify) the Software. The provisions of this paragraph shall extend (as far as applicable) to the documentation of the Software as well.

3.3. The User is not entitled to decompile, disassemble or try in any other way to change the source code, modify the Software, as well as to perform any other actions not stipulated by the EULA, unless such actions are explicitly specified by the EULA.

3.4. The User is not entitled to develop any applications, which do not have significant differences from the Software or whose main functionality is based on the Software solely, thus infringing the intellectual property rights of the Copyright holder.

3.5. The User is not entitled to transfer the right to use the Software to third parties.

3.6. The User is not entitled to transfer or provide access to the activation code and/or the Software key file to third parties in violation of the EULA. The activation code and the Software key file are confidential information. The User is obliged to keep the activation code in a safe place until the license expires.

3.7. The User is not entitled to modify, hide, remove and (or) make any changes to the copyrights, brands, trademarks, labeling and notifications, placed on tangible media with the Software copies, Software documentation, and (or) any part of the Software and the documentation.

3.8. The User is not entitled to translate, correct errors or make any unauthorized modifications in the Software and (or) the Documentation.

3.9. The User is not entitled to use the Software in any way that contradicts the current legislation of the Russian Federation and the country where the Software is used.

3.10. Any action stated in this section is explicitly prohibited and terminates the Software license. The User shall bear civil, administrative or criminal liability according to the Russian law in case of intellectual rights infringement.

4. THE SOURCE CODE

4.1. The Software source code usage restrictions.

The User is not entitled to use the source code to infringe the intellectual rights of the Copyright holder and third parties. Furthermore, the User shall not disclose the source code or implementations found in the source code to third parties.

4.2. The Software source code distribution.

The User is not entitled to distribute the source code and all its files to third parties.

4.3. The Software source code modification.

The Copyright holder reserves the right to modify any part of the source code in future product versions. These modifications include, but are not limited to: the deletion of namespaces classes, types, properties, methods, and events; the addition of new namespaces, classes, types, properties, methods, and events.

4.4. The Software source code technical support.

The Copyright holder will not support the source code, which has been modified by the User. The User assumes full responsibility for maintaining any source code or application, which was developed by such modification. The User is not entitled to demand to hold the Copyright holder liable, directly or indirectly, for changes in the source code, including changes that the User made on the recommendation of the Copyright holder.

The User shall explicitly identify any modifications in the beginning of each source file. When delivering a software, developed using the modified source code, to an end-user, the User shall explicitly notify the end-user about such modifications. The end-user of the Software that uses modified source code shall be informed that modified source files are not original.

4.5. The source code is provided to the User "as is", without any warranty, express or implied. The User bears the risk of the Software conforming to his/her own wishes and needs, as well as the risk of the conditions and scope of the rights granted under the EULA not conforming to his/her wishes and needs.

5. THE UPDATES

5.1. The EULA applies to the Software updates, which may be downloaded by the User from the Copyright holder or third parties authorized by the Copyright holder.

6. THE OPEN SOURCE LIBRARIES

6.1. The Software includes the Open source libraries from third-party developers.

6.2. The Open source libraries included in the Software are provided in accordance with each individual Open source library license and subject to the disclaimers and limited liability disclaimers stated in each Open source library license.

6.3. Before installing the Software, the User is obliged to read and agree with each license agreement accompanying the Open source library, and also with any other obligation imposed by the Open source library.

6.4. The Open source libraries are provided "as is", without any warranty, express or implied. Under no circumstances the Copyright holder, authors or holders of exclusive rights are not responsible for any claims, damages or other obligations either contractual, civil law or other arisen from the Open source libraries, the usage of the Open source libraries or other actions with them.

6.5. The Open source libraries, presented in the Software are listed in the current section of the EULA:

7.1. The Software is provided "as is". The Copyright holder and its partners provide no warranties of compliance of the Software with the User's expectations and (or) the Software suitability for the User's specific purposes, not covered by the EULA and the User manual. The User accepts that he/she bears the responsibility for choosing the Software to achieve desired results, for installing and using the Software, and also for the results obtained using the Software.

7.2. To the maximum extent permitted by the Russian law, the Copyright holder and its partners bear no responsibility for any damages (including damages connected with a loss of commercial profit, business interruption, loss of information, or other property damage), arisen from the usage or the impossibility of using the Software. In any case the responsibility of the Copyright holder and its partners under any EULA provision is limited by the price paid by the User for a copy of the Software.

8. THE RIGHT TO AUDIT

8.1. The Copyright holder is entitled to conduct an audit of the User's compliance with the terms of the EULA at any time.

8.2. The Copyright holder conducts the audit electronically by sending standard forms to the User for filling up the information about the number of copies of the Software, used on the User's hardware.

8.3. In order to respect rights and legitimate interests of the Copyright holder the User unconditionally agrees with the obligation to maintain accurate records of the number of the Software copies and purchased licenses, and to provide the relevant accurate information to the Copyright holder in due time (terms appointed by the Copyright holder) and in its entirety.

8.4. If the audit results find that the User infringes the terms of the EULA he/she is obliged to eliminate such non-compliance by acquiring and purchasing additional licenses or in any other way without without damage to any other rights and legal remedies of the Copyright holder, to compensate the Copyright holder's losses incurred in its entirety.

9. THE INTELLECTIAL PROPERTY RIGHTS

9.1. The User accepts that the Software, the User manual, other legally protected copyright objects and the trademarks contained in the Software are the Copyright holder's intellectual property.

9.2. The EULA grants no additional rights to use the intellectual property, including the Copyright holder's trademarks and service marks, except for the rights explicitly granted by the EULA to the User.

10. APPLICABLE LAW

10.1. The EULA is regulated by the Russian law.

10.2. If any EULA provision is held to be cancelled, invalid, void or illegal the other EULA provisions shall remain in full force and effect. In case of contradiction of the EULA provisions and the terms of any other license agreement signed between the User and the Copyright holder or the User and the Copyright holder's partner the EULA provisions shall prevail.

11. THE FINAL TERMS

11.1. The EULA shall be interpreted and determined in accordance with the Russian law. The EULA, the terms of its conclusion and execution, and also the aspects not regulated by the EULA, shall be governed in accordance with the applicable Russian law.

11.2. All disputes about the EULA or related to the EULA are subject to the Court at the location of the Copyright holder in accordance with the applicable Russian law.

11.3. The EULA constitutes the entire agreement related to the Software and can be amended or terminated by the Copyright holder unilaterally without any prior notification to the User and without payment of any compensation in this regard.

Joint Stock Company EREMEX

Registered office: 115088, Russian Federation, Moscow, 27 Ugreshskaya st, bld. 1, room/floor 2/1A,

Email: info@eremex.ru, controls@eremex.com

Website: https://www.eremex.ru/

© JSC EREMEX, 2008-2025.