Unauthorized complete or partial use of WebSteel online system in Russia and/or abroad is prohibited. All rights reserved.
Please EXAMINE THIS End User License Agreement (hereinafter referred to as ‘the License’) BEFORE entering WebSteel system. By using WebSteel system YOU AGREE WITH TERMS AND CONDITIONS OF THE LICENSE on a full and unconditional basis. IN CASE YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE LICENSE YOU ARE NOT AUTHORIZED TO USE WebSteel system. You are to leave WebSteel online system immediately. To learn more about the License and all the amendments made to it, see www.pkvesta.ru/help/user-agreement.htm. PK Vesta provides with free cloudservices for pricing and designing pre-engineered steel buildings worldwide as well as the information describing the services and the finished goods on its website with the following domain www.pkvesta.ru on the basis of the terms and conditions, stipulated in the present License. WebSteel system is based on the following domain www.websteel.pkvesta.ru The License covers the terms of the web site www.pkvesta.ru, WebSteel online system (www.websteel.pkvesta.ru) and the basic conditions of rendering services to clients.
1. General conditions
Local (or online) software, a software code, documents and ANY OTHER appendix(ces), related to the License on a CD, memory stick or on any other data medium or in any other form (jointly named WebSteel) are licensed to a user(s) FOR TEMPORARY and restricted use only in accordance with the License terms and conditions. WebSteel system has been patented and is PK Vesta’s absolute dominion (# 2012610680). Intellectual property rights cover the names of WebSteel, WEBSTEEL in English, Russian and any other languages including all possible similar variations and derivatives.
Temporal license right for using WebSteel system is given by PK Vesta only within the framework of Offer Agreement coming into force immediately after a user begins to use WebSteel system for instant pricing and online designing pre-engineered steel buildings in any place of the world.
A user can use WebSteel system in mass media with preliminary agreement enquiry from PK Vesta but the sole and exclusive full owner of WebSteel online system remains industrial IT company Vesta (hereinafter referred to as PK Vesta).
The License terms and conditions will regulate and cover all WebSteel upgrades provided with by PK Vesta which replace and/or supplement the previous online version of WebSteel system (software code).
PK Vesta hands over non-ecxclusive and non-transferable right to use WebSteel system only for internal business purposes of PK Vesta which is subject to the License terms and conditions. All the rights which a user was not provided with partially or in full and which are not mentioned in the License belong to PK VEsta.
WebSteel system partial or complete use is prohibited in case of being PK Vesta competitor, operating in the similar business dimensions/markets of residential or non-residential and/or civil construction sector in Russia and/or abroad apart from a written agreement issued by PK Vesta to establish a regional or a national representative office/agency. Moreover, WebSteel is prohibited to be used to control (to monitor) regional/national/international level of prices for steel buildings and its accessories produced by PK Vesta in the system, availability of the system in the Internet, the system functionality, its capacity or for any other similar purposes to find competitive advantages and/or disadvantages (including any forms of benchmarketing).
A user takes responsibilities not to do the following:
- i. To license, to distribute, to sell, to resell, to handover or to use in any other commercial purposes or grant WebSteel system with its content and/or documents to third parties in any form;
- ii. To change or create any derivative works based on WebSteel system locally or through the Internet;
- iii. To create web links to WebSteel system, to copy its content and/or create its mirroring on server (s) of the third parties or on wireless devices on the basis of Internet technologies;
- iv. To alter the backend process(the methods, the algorithms) of local and/or online project designing or to try to receive an access to WebSteel analytical core for doing the following actions:
- a. Development of a similar competing product (system) and/or service and/or local and/or online service,
- b. Development of a similar system or service which are based on similar ideas, functions, properties or graphic items of WebSteel system,
- c. Copy any of ideas, properties, functions or graphics of the system.
A user agrees that PK Vesta has a right to reject customer service using WebSteel system in any form with no explanations of the reasons in the following cases:
a) Client’s rude or aggressive behavior,
b) Client’s use of foul language,
c) Client’s pressure upon technical consultants in any form.
The right to use the system (the License) is valid only for one user. Personal login in WebSteel system can be used by not more than three persons on the basis of one License.
A user is authorized to use WebSteel system only for internal business purposes and may not do the following:
- I. To create mailing lists to distribute spam or use any other means to duplicate unsolicited messages breaching the law currently in force in Russia and abroad;
- II. To send through or keep in WebSteel system offensive, threatening, slanderous or any other illegal materials including the materials harmful for the children and breaking private rights of the third parties;
- III. To send through or keep in WebSteel system materials containing computer viruses, worms, Trojan horses or any other harmful computer codes, files, scripts, agents ort programs;
- IV. To try to interfere with or break WebSteel system integrity or influence upon the system efficiency or its databases;
- V. To try to receive an unauthorized access to WebSteel system (its analytical database or core) or connected with it systems and Internet networks.
2. Admittable permissions and restrictions for WebSteel system use
The License allows a user to use WebSteel system for instant pricing and online designing pre-engineered steel buildings, calculation of by-products and services offered and rendered by PK Vesta online including its regional/national/international representing offices/agencies through the Internet only IN TERMS OF TEMPORAL AND RESTRICTED USE.
PK Vesta competing companies and/or software developing companies ARE NOT AUTHORIZED to use WebSteel system. Competing companies and/or software developing companies using WebSteel system FOR ANY PURPOSES partially or in full ARE TO pay fee and/or penalty for WebSteel system unauthorized use. By using WebSteel partially and/or in full a client completely agrees with all the terms and conditions stipulated in the License and its restrictions.
WebSteel system is prohibited to use for reproduction of materials, documents, drawings, reports or any other type of results.
A user is not to create access to WebSteel system in the network where the system can be used by a number of many computers simultaneously. A user takes responsibility not to copy WebSteel system, not to decompose, not to change algorithms of designing and cost calculation algorithms, not to modify the user’s interface and/or create derivative and similar products comparing to WebSteel system and/or its separate parts.
WebSteel system under NO CIRCUMSTANCES IS DESIGNED FOR USE AND/OR MAKING COMPARATIVE ANALYSIS BY COMPETING COMPANIES and/or software developing companies. Under these circumstances any use of WebSteel system will be immediately blocked with no further notification of user(s). A user confirms that any unauthorized use of WebSteel system for any purpose breaches the License terms and conditions. Under these circumstances a user(s) is to pay $1 300 to PK Vesta for every revealed case of partial and/or complete unauthorized use of the system. Every action undertook by a user composes the notion of unauthorized WebSteel system use. Incomplete list of WebSteel system use includes a web page downloading from the web site to a local computer, entrance into the system itself, registration to receive the login, saving quotes , making corrections into quotes , following the system Steps, choosing one or more parameters, receiving of automatically generated documents such as Quotation, Technical Specification, Basic Drawings, Contract and Invoice, printing out of the documents mentioned above, saving (resaving) of files in a personal online account in WebSteel, entrance into the system database, etc. In case a competing company and/or a software developing company illegally use WebSteel system such a user(s) is to pay $150 for every connection to the server (network cost). The cost must not exceed threefold cost of the calculated cost of a steel building (or by-products and/or services rendered by PK Vesta) in the quote which is stored in the user’s personal account.
3. Handing over
A user is not authorized to sell, rent or provide with sub licenses of WebSteel system to any of the third parties.
4. Termination of the License duration
The License is valid for one month from the moment of the system user’s registration and receiving his/her personal account. PK Vesta is authorized to delete the account (including all quotes in the personal account with attached documents, drawings, files and/or sketches) with no user’s notification in case of not using the system for more than one month. In case of user’s breaching of the License terms and conditions PK Vesta is authorized to delete the account (including all quotes in the personal account with attached documents, drawings and/or sketches) with no WebSteel user’s notification. After the end of the License validity period a user is obliged to delete the data she/he used to enter WebSteel system and not to hand over any information connected with the system to a third party.
PK Vesta disclaims all warranties, express or implied and bears no responsibilities for possible defects or failures in a user’s device or computer which are used as means of WebSteel system entrance locally or distantly. PK Vesta under no circumstances provides implied guarantees of commercial value, user’s satisfaction level due to use of WebSteel system or the system suitability in terms of any other user’s needs. PK Vesta bears no responsibilities for springing into existence mistakes in finished goods and company’s services online calculations. A user may not claim in terms of any possible mistakes.
6. Warranty disclaimer
A user recognizes and agrees that he/she uses WebSteel system at his/her own risk and peril also with the fact that he/she bears full responsibility in terms of all the risks connected with user’s satisfaction level of the system, its efficiency, functionality, speed of operation and accuracy in online or local calculations of finished goods cost and services to be provided.
A user is provided with WebSteel system as is including all possible mistakes with no guarantees of any kind. PK Vesta including its regional and/or national/international representatives disclaims all warranties, express or implied as well as terms and conditions connected with WebSteel system including but, not limited to the following: user’s satisfaction level due to use of WebSteel system, accuracy in finished goods cost calculations; user’s reaching goals set as well as possible impairment of the third parties’ rights.
Any information in writing or orally or advice provided by PK Vesta and/or its regional/national/international representative bears no guarantee. In case of finding faults or bugs in WebSteel system operation in a user's computer the latter covers all the expenses connected with necessary technical services repair or improvements.
7. Liability restriction
As long as Russian and international law does not prohibit and under no circumstances notwithstanding the basis of offence against the law (based on the Contract or civil offence) PK Vesta will bear no responsibility for personal injuries, accidental, special or indirect damage including the following with no restrictions: loss of profit, loss of data, business complications or any other commercial losses or damages occurred in connection with use or absence of an opportunity to use WebSteel system.
Under no circumstances PK Vesta full volume of obligations to reimburse a user’s losses will increase the sum of $50. If a client starts to claim against PK Vesta in court PK Vesta has a right to block or cancel the License duration as well as any other rights of the system user/s.
8. WebSteel system use outside Russia
A user may not use and/or export for commercial purposes WebSteel system outside the Russian territory except for the cases of receiving an official status of PK Vesta regional/national/international representative. In case of a court trial, the applied law is Law of the Russian Federation.
9. WebSteel system users in government
WebSteel system is granted to be used by any member of the Russian and /or international government with the terms and conditions equal to that of any other user in Russia and abroad, i.e. on the basis of WebSteel End User License Agreement. Unpublished right of the system are protected by law of copyrights of the Russian Federation.
10. Law and sovereignty
WebSteel End User License Agreement shall be governed and construed in accordance with the laws of the Russian Federation in Tula for the purposes of contracts and agreements signed between PK Vesta and WebSteel system users. The License shall not be governed by United Nations Convention on Contracts for International Sale of Goods application of which is completely excluded in the License. Provided, for some reasons, a court of competent jurisdiction declare a clause or its part invalid, the rest of the License clauses continue to be in full force and effect.
11. The language of WebSteel End User License Agreement
Any amendments to or corrections into the License will not come into force until they are signed and officially confirmed in writing by PK Vesta. Any translation of the License is made taking into consideration local requirements. Should any disagreement between the License written in Russian and any other language arise, then the License written in Russian is considered to take superiority.
12. Third parties
Certain services provided by PK Vesta can include materials received from third parties or links to web sites of third parties. A user recognizes and agrees with that fact that PK Vesta bears no responsibility for the web sites content study and evaluation or accuracy of these materials or web sites of the third parties (including web sites of regional and national/international representative offices). PK Vesta does not guarantee, confirm and will have no obligations or bear no responsibility whatsoever for any third-party materials, web sites or any other materials, products or services of the third parties. A user is provided with links only for his/her convenience. A user agrees that she/he will not use any of third-party materials in the way they can breach or breach rights of any other party as well as with the fact that PK Vesta bears no responsibility for any fact of using such materials.
A user agrees that all the services including but not restricted by graphics, photos, audio, video clips and editorial matters on web site www.pkvesta.ru contain confidential information and the materials which are the property of PK Vesta. All the materials and information on web sites www.pkvesta.ru and www.websteel.pkvesta.ru are protected by laws of intellectual property and copyright law. A user takes obligations under no circumstances to use them in any form except the cases of receiving written confirmation to do that from PK Vesta. None of the services or a part of the services based on WebSteel system can be reproduced in any form or by all manner of means. A user agrees not to change, not to let out for lease, not to credit, not to sell, not to distribute and not to execute any works or use in commercial purposes WebSteel system without permission from PK Vesta. A user agrees not to use WebSteel system in any unauthorized manner, load the network capacity and the server used by PK Vesta. PK Vesta and its authorized representatives have a right to change, temporary block and/or cancel an access to WebSteel system at any moment without preliminary notification. Under no circumstances PK Vesta shall bear any responsibility for cancelling or removal an access to WebSteel system. PK Vesta has a right to put restrictions of the system or a part of its software and hardware usage with no preliminary notification.
13. Copyright law
All the rights of ownership and author’s rights of the patented WebSteel system including but not limited to all the images, photos, animation, 3D or 2D visualization, basic drawings, online documents, audio and video clips, music, text materials, accompanying printed materials or any other type of information included into WebSteel system or placed on web site www.pkvesta.ru are absolute dominion of PK Vesta. WebSteel system has been patented and is protected by copyright law and international agreements.
14. Other terms and conditions
Should any of the License clauses come into contradiction with or may not come into force due to Russian law and/or a foreign country law, then the clause(s) is considered as restricted in use as and when needed until it reaches complete compatibility with the law in contradiction.
The License is a final, complete and exclusive agreement between a user and PK Vesta in terms of WebSteel online system and the information on web site www.pkvesta.ru usage and replaces all the previous and current meanings, understandings, conventions and/or agreements reached by the parties irrespective of oral or written forms.
15. Trial’s location
All disputes and differences that may arise from the present License or in connection with it are to be resolved in an amicable way. If the parties cannot reach mutual agreement, disputes will be referred to a court in Tula without any city/town or country. The disputes will be based only on the civil law of Russian Federation.