Завѣты Отпустительника
The Covenant of the End-User
Hearken well — read thou with diligence:
This Covenant of the End-User ("EULA") is a binding accord betwixt thee (be thou a single soul or a solitary body of enterprise) and the Maker of this Software ("Konstantin Kuyukov") for the Software Product "KSuse Sender", which doth encompass the workings of the computing engine and may also include such media, printed scrolls, and electronic scriptures as pertain thereto ("Software Product"). The Software Product doth likewise embrace all updates and supplements to the original work bestowed upon thee.
By the act of installing, copying, or otherwise making use of the Software Product, thou dost bind thyself unto the terms of this Covenant. If thou dost not consent unto any term herein, thou art forbidden to make use of the Software Product in any wise, and all copies thereof must be cast out from thy device or devices.
The Software Product is guarded by the laws of copyright and the treaties of nations, and by other laws pertaining to the works of the mind. The Software Product is granted by licence, and is not sold.
Definitions
Commercial Use: Works wrought upon the Software Product for general purpose and for the commerce of men, or the use of the Software Product (in whole or in part) wherein payment, profit, or gain of silver is sought directly or by subtlety, regardless of whether such gain cometh to pass.
The Granting of Licence
Konstantin Kuyukov doth bestow upon thee the rights herein written, so long as thou keepest all the terms and conditions of this Covenant:
The General Licence. There is granted unto thee the right to set the Software Product upon thy machine and to employ it for the processing and showing forth of thy photographs and moving pictures. Konstantin Kuyukov granteth the use thereof according to one of the licence kinds below, as named in the title of the product. Licences purchased extend not unto third parties, even if the software was wrought for such a one. Every entity must possess its own licence.
Trial/Demo/Free version (Without cost). The use of the Software Product without the purchase of a Licence shall be for trial and evaluation alone.
Single Licence. If thou hast purchased a Single Licence, Konstantin Kuyukov granteth unto thee one (1) personal, untransferable, non-exclusive, royalty-free licence to use copies of the Software Product and to set it upon thy machine or machines for thine own sole concurrent use, and to employ and distribute any number of photographs and moving pictures produced thereby. Use by other souls is permitted only if such soul hath been duly licensed.
Redistribution
Thou art not granted leave to redistribute any portion of the Software Product.
Konstantin Kuyukov beareth no obligation to provide succour for works derived from the Software Product.
Disassembly
Thou shalt not modify this product in any wise. Thou shalt not, nor suffer others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify, or adapt the Software Product, nor decompile, disassemble, or reverse-engineer the same, nor attempt any such thing.
Reservation of Rights
Konstantin Kuyukov reserveth unto himself all rights not expressly granted herein.
Of Other Rights and Limitations
Rental. Thou mayest not lease or let the Software Product unto another.
Proprietary Notices. Thou mayest not remove any mark of ownership or inscription from the Software Product.
Consideration. For the rights and licence bestowed in this Covenant, thou shalt render unto Konstantin Kuyukov the price published at ksuse.ru, or such other sum as may be agreed upon between ye, to appear upon a lawful invoice.
Termination. Without prejudice to any other right, Konstantin Kuyukov may bring this Covenant to an end if thou failest to abide by the terms hereof. In such case, thou must destroy all copies of the Software Product and every part thereof.
Term. The term of this Covenant shall endure without end from the day of purchase, unless it be ended according to the provisions hereinbefore written.
Derived Works. Thou dost agree that thou shalt not use the Software Product to fashion derived works offering like unto the same functionality, nor lay bare the features thereof for use by an unlicensed soul. For the space of one (1) year from the day of use, thou dost agree not to bring forth software that might contend directly with the products of Konstantin Kuyukov.
Maintenance and Updates of the Software
Konstantin Kuyukov doth from time to time release updates to existing versions, and complete new versions, of the Software Product.
Updates are bestowed freely, without charge.
Konstantin Kuyukov beareth no obligation, yet may by his own will provide succour by electronic letter.
If this copy of the Software Product be an ascension from an earlier version, it is given unto thee upon a licence exchange. By thine installation and use thereof, thou dost consent to the ending of thine earlier Covenant, and thou shalt not continue to use the former version nor convey it to another soul, unless such conveyance be otherwise lawful by the terms herein.
Copyright
All title and right of authorship in and to the Software Product (including but not limited unto images, photographs, text, and "applets" woven therein), the printed scrolls accompanying it, and all copies thereof, belong unto Konstantin Kuyukov. The Software Product is guarded by the laws of copyright and the covenants of nations. Therefore thou must treat the Software Product even as thou wouldst any other work of protected authorship.
Software from Third Party Suppliers
Konstantin Kuyukov doth furnish thee with software from makers of other houses. The terms laid down by such makers shall hold sway, notwithstanding any differing provision in this Covenant. By installing, copying, or using KSuse Sender, thou dost bind thyself unto the terms hereunder set forth by those third parties.
KSuse Sender maketh use of the FFmpeg engine for part of its workings. FFmpeg is free software under the GNU Lesser General Public License LGPLv3 (see: https://www.gnu.org/licenses/lgpl-3.0.html). FFmpeg is the mark of Fabrice Bellard, who first wrought the FFmpeg project. The source thereof: https://git.ffmpeg.org/ffmpeg.git.
Limitation of Liability
No warranties. Konstantin Kuyukov doth expressly disclaim any warrant for the Software Product. The Software Product and all writings pertaining thereto are given "as they are", without warrant of any kind, be it spoken or implied, including the implied warrants of merchantability, fitness for a given purpose, or non-infringement. All peril arising from the use or working of the Software Product resteth upon thee.
No liability for damages. To the uttermost measure permitted by law, in no wise shall Konstantin Kuyukov be held answerable for damages, including any general, special, or consequential damages arising from the use or inability to use this product (including but not limited unto loss of data, or data rendered false, or losses borne by thee or by third parties, or a failure of the programme to work with other programmes), even if Konstantin Kuyukov hath been forewarned of the possibility of such harm.
Marketing
Thou dost agree to be named as a patron of Konstantin Kuyukov, and that Konstantin Kuyukov may speak of thee by name, trade name, and mark, if it be fitting, and may briefly set forth thy business in his writings of commerce, upon his site in the web, and in public or lawful documents. Thou dost hereby grant unto Konstantin Kuyukov leave to use thy name and marks solely for the purposes of this section.
Disclaimer
THIS SOFTWARE IS GIVEN "AS IT IS", WITHOUT WARRANT OF ANY KIND. THE MAKER OF THIS SOFTWARE ("KONSTANTIN KUYUKOV") DOTH NOT TAKE UPON HIMSELF RESPONSIBILITY FOR ANY HARM SUFFERED BY REASON OF USING, ALTERING, OR DISTRIBUTING THE SOFTWARE. IN NO WISE SHALL KONSTANTIN KUYUKOV BE HELD LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, NOR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER CAUSED AND BY WHATEVER THEORY OF LIABILITY, ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF KONSTANTIN KUYUKOV HATH BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAKER DOTH NOT WARRANT THAT "KSuse Sender" IS FREE FROM DEFECTS, ERRORS, OR OTHER LIMITATIONS. TO THE UTTERMOST EXTENT PERMITTED BY LAW, THE MAKER IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED UNTO DAMAGES FOR LOSS OF TRADE, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER GROUNDED UPON BREACH OF COVENANT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE MAKER HATH BEEN FOREWARNED, AND EVEN IF A REMEDY HEREIN SET FORTH HATH FAILED OF ITS ESSENTIAL PURPOSE. THE MAKER SHALL NOT BE ANSWERABLE FOR ANY DEFECTS OR DAMAGES WROUGHT BY CERTAIN "KSuse Sender" FEATURES.
Language of the Covenant
Thou dost agree that this Covenant be set down in the English tongue.