SUBLICENSE AGREEMENT - OFFER
On granting a non-exclusive right to use the program (software)
Yerevan
June 01, 2023
1. General provisions
1․1 This Agreement is an official offer (public offer) Vladimir Gevorkian, an individual entrepreneur (PSRN of IE 264.1319313, TIN 72990308) (hereinafter referred to as the "Licensee"), concludes a Sublicense Agreement with any legal entity or individual (Sublicensee). The right to use the Software belongs to the Licensee on the basis of a License Agreement on the granting of a non-exclusive right to use the software dated June 01, 2023, concluded between individual entrepreneur Vitalii Kovalenko (Licensor) and Vladimir Gevorkian (Licensee).
1․2 The Agreement is posted on the Internet at:
https://autopatterns.art/licensia /.
1․3 In accordance with paragraph 2 of article 453 of the Civil Code of the Republic of Armenia, in case of acceptance of the conditions set out below and payment for services, the legal entity or individual accepting this offer becomes a Sublicensee (in accordance with paragraph 3 of article 454 of the Civil Code of the Republic of Armenia, acceptance of the offer is equivalent to concluding a Contract on the terms set out in the offer).
1․4 The installation launch or other commencement of use of the Program means the proper conclusion of this Agreement and the full agreement of the Sublicensee with all the terms of this Agreement. By checking the box, "I agree to these terms and conditions" and clicking the "NEXT" button, the Sublicensee confirms that he has read, agrees, fully and unconditionally accepts all the terms of the Agreement in the form in which they are set out in the text of the Agreement, including in the annexes to the Agreement, which are an integral part of it.
1․5 The Agreement does not require sealing and/or signing by the Licensee and the Sublicensee (hereinafter referred to as the "Parties") and retains legal force at the same time.
1․6 A prerequisite for concluding this Agreement is that the Sublicensee fills in the relevant data in the registration form when registering for the Program (last name, first name, patronymic, phone and e-mail, etc.), as well as familiarization with the Confidentiality Agreement and signing Consent to the processing of personal data.
1․7 The responsibility for the correctness of the presentation of data in the registration form during registration in the Program rests with the Sublicensee.
2. Definitions and terms
2․1 For the purpose of unambiguous interpretation of this Agreement, the following terms are used in the following meaning:
· A sublicense agreement is an agreement (including an affiliation agreement) between the Licensee and the Sublicensee, under which the Licensee undertakes to grant the Sublicensee the rights to use the software within the limits provided for in this agreement and in accordance with the requirements of the current legislation of the Republic of Armenia.
· An Offer is a public offer of the Licensee, addressed to any person, to conclude a Sublicensee Agreement with him on the existing terms contained in the Agreement.
· Acceptance - full and unconditional acceptance by the Sublicensee of the terms of the Agreement. Unconditional acceptance (unconditional acceptance) is considered to be the fact of confirmation of readiness to use the Program, according to clause 1.4. of this Agreement, by ticking the box "I agree to these terms and conditions" and clicking the "NEXT" button confirms consent to use the Program, the Sublicensee agrees that acceptance of the Agreement is the conclusion of the Agreement on the terms set forth in it.
· The program is AUTOPATTERN software owned and digitally signed, name: individual entrepreneur Vitalii Kovalenko, e-mail: kvv-kvm@yandex.ru. The exclusive rights to the Program belong to the Licensor. The description of the program is posted on the Internet on the Licensee website at
https://autopatterns.art/software /
· A Licensor is a legal entity or individual entrepreneur who has concluded an Agreement with the Licensee on granting the right to use a simple (non-exclusive) Program License.
· A Licensee is a legal entity or individual, or an individual entrepreneur, who has concluded an Agreement with the Licensor on the terms contained in this offer.
· A Sublicensee is a legal entity or individual entrepreneur who has concluded an agreement with the Licensee on granting the right to use a simple (non-exclusive) Program license.
· A License - a simple non–exclusive license - a non-exclusive right to use a copy of the Program for the duration of the accounting period in the territory defined in this agreement for own consumption under the name designated by the Licensee, without the right of any modification or other alteration, without the right to distribute and with other restrictions under this Agreement.
· Login and Password are a unique set of characters for accessing the Program.
· The accounting period is the period of time for which the License is paid.
· Tariffs are the Licensee's price list located on the Internet at
https://autopatterns.art/discount-system/
3. The subject of the contract
3.1 The Licensee grants the Sublicensee, under the terms of a simple (non–exclusive) License, the right to use the AUTOPATTERNS Program (hereinafter referred to as the "Program") in accordance with its purpose and functionality defined in the documentation published on the Licensee's official website on the Internet at
https://autopatterns.art/software/ for the tariff set on the website.
Access to the Program is provided through downloading and installing the distribution kit on the Sublicensee's computer using a Login and Password issued to the Sublicense personally.
3.2 Access to the Program is provided through downloading and installing the distribution kit on the Sublicensee's computer using a Login and Password issued to the Sublicensee personally.
3.3 Non-exclusive rights to use the Program are transferred to the Sublicense within 3 (Three) business days from the moment the Licensee receives the Sublicensee's data for registration in the software and confirms his data by issuing him a Login and Password.
3.4 To use the Program, the Sublicensee must have a computer/server connected to the Internet. All issues related to the Sublicensee's computer, the software of this computer, the Internet connection, and the necessary equipment and software for this are solved independently by the Sublicensee.
4. Obligations of the parties
4.1 The Licensee is obliged to:
4.1․1 During the term of this Agreement, refrain from any actions that make it difficult for the Sublicensee to exercise the rights granted to him to use the Program within the limits established by the agreement.
4.1․2 In accordance with the procedure established by this Agreement, transfer non-exclusive rights to use the Program to the Sublicensee.
4.1․3 To ensure the non-disclosure of personal information about the Sublicensee, its employees, or partners, as well as other information that became known to the Licensee during the execution or conclusion of the Contract. Use the specified information only in order to fulfill the Contract.
4.1․4 Provide the Sublicensee with the Login and Password necessary to use and/or activate the Program in respect of which the rights to use the Program are granted under this Agreement.
4.2 The Sublicensee is obliged to:
4.2.1 Comply with the copyrights of the Licensor and the Licensee.
4.2.2 When registering on the website, provide the Licensee with official contact details that belong to the company.
4.2.3 Use the Program in accordance with the current legislation of the Republic of Armenia and the norms of international law.
4.2.4 Do not take actions to publish the Program including for the purpose of copying it by third parties.
4.2.5 Do not sell, lease, temporarily use, and transfer to third parties the Program or any rights to the Program or parts thereof.
4.2.6 Do not perform actions to circumvent the technical means of protection built into the Program or provided for in it.
4.2.7 Use the Program only within the limits of those rights and in the ways provided for in this License Agreement, without transferring the right to use the Program to third parties.
4.2.8 Use the Program in accordance with its intended purpose: for cutting on a plotter or any other device compatible with the Program, polyurethane, hybrid, tinting, or vinyl film, according to templates assembled on the cutting board. When using the Program, the Sublicensee must comply with all risk standards that are indicated by the link
https://autopatterns.art/software/help /
4.2.9 Pay for the right to use the Program in full and on time, in accordance with the procedure and terms specified in Section 5 of this Agreement.
4.2.10 Independently ensure the availability of equipment and software necessary for the operation of the Program and bear the costs of preparing equipment necessary for the use of the Program, purchasing and installing software necessary for the operation of the Program.
4.2.11 Immediately inform the Licensee about the illegal use of the Program by third parties.
4.2.12 Ensure the non-disclosure of personal information about the Licensee, his employees or partners, as well as other information that became known to the Sublicensee during the execution or conclusion of the Contract.
4.2.13 Ensure the safety of personal Login and Password (Logins and Passwords of representatives of the Sublicensee).
4.2.14 Do not transfer personal Login and Password (Logins and Passwords of the Sublicensee's representatives) to third parties.
4.2.15 Immediately upon the Licensee's first request, provide photo or video evidence of their work on a specific one or more cut patterns, actual cutting or sale of cutting, or the gluing process.
4.2.16 If there are work pages on social platforms (Instagram, Facebook, X, etc.), provide the Licensee with information about them at the time of signing the Agreement.
4.2.17 Notify the Licensee of all cases of unauthorized use of their Login and Password (Logins and Passwords of representatives of the Sublicensee).
4.3 The Licensee has the right to:
4.3.1 Terminate the Agreement for failure by the Sublicensee to fulfill the obligations provided for in Section 4.2. of this Agreement.
4.3.2 At any time, check the work performed by the Sublicensee without interfering with his activities.
4.3.3 To deny the Sublicensee the right to use the Program and/or terminate the contract prematurely in the following cases:
· if the Licensee has doubts about the Sublicensee's use of the Program not for its intended purpose,
· if the Licensee uses the built-in tracking algorithm to find out that the Sublicensee is copying, phishing, or redrawing patterns,
· if the Sublicensee hasn’t used the Program for more than two months, doesn’t cut out from it, doesn’t replenish his balance, or doesn’t show any work activity for which permission to use the Program has been obtained. After 6 (six) months from the date of termination of the Program, the amount on the Sublicensee's account, as well as bonuses that were accrued to the Sublicensee, will be debited,
· to require the Sublicensee to pay the remuneration provided for in Section 5 of this Agreement,
· to protect their rights and legitimate interests in the manner and in the ways provided for by the Law of the Republic of Armenia.
4.4 The Sublicensee has the right to:
4.4.1 The Sublicensee has the right to terminate the agreement for failure by the Licensee to fulfill the obligations provided for in Section 4.1 of this Agreement.
5. Payment methods
5.1 The cost of the right to use the Program is determined according to the Tariffs that are posted at
https://autopatterns.art/discount-system /
5.2 The payment on the website means that the Sublicensee agrees to the terms of this Agreement.
5.3 The payment is made by a Sublicensee - by bank transfer within the Program, PayPal direct payment inside the software, or using a personal link to payment through third-party funds acceptance resources.
5.4 The Licensee has the right to unilaterally change the Tariffs. The Licensee notifies the Sublicensee of the Tariff changes no later than 15 days before the changes take effect by posting the Tariffs on the website
https://autopatterns.art/discount-system/. When Tariffs change, the cost of already paid Licenses does not change; recalculation is not performed.
5.5 In case of early termination of the Agreement, the cost of the right to use the Program will not be refunded to the Sublicensee.
6. Responsibility of the parties
6.1 The parties are responsible for non-fulfillment or violation of the terms of this Agreement in accordance with the current legislation of the Republic of Armenia.
6.2 The Licensee guarantees that he has non-exclusive property rights to the required extent, including the rights to distribute and alienate the rights to use the Program, which are the object of this agreement.
6.3 The Licensee guarantees that the Program doesn’t contain any borrowings or parts that may be considered a violation of copyright and/or related rights of third parties. At the same time, the Licensee draws the attention of the Sublicensee to the fact that all photographic materials posted in the Program are taken from free sources on the Internet. The Licensee doesn’t have information about the legality of publishing these materials on the Internet. All images are posted for informational purposes.
6.4 The Sublicensee is fully responsible for everything that will be done in the Program and on the Server under his Login and Password (Logins and Passwords of the Sublicensee's representatives).
6.5 The Program is provided to the Sublicensee "AS IS" in accordance with the generally accepted principle in international practice. This means that for problems that arise during the installation, updating, support, and operation of a computer program (including compatibility problems with other software products (packages, drivers, etc.), problems arising from an ambiguous interpretation of the accompanying documentation, inconsistency of the results of using the Program with the Subicensee's expectations, etc.). The licensee is not responsible.
6.6 The Licensee doesn’t bear any responsibility for any actions/omissions that are a direct or indirect result of the actions/omissions of the Sublicensee and/or third parties.
6.7 The Licensee is not responsible for any indirect losses and/or lost profits of the Sublicensee and/or third parties, regardless of whether the Licensee could have foreseen the possibility of such losses or not.
6.8 The Licensee is also not responsible for the use (inability to use) and any consequences of the use (inability to use) by the Sublicensee of the form of remuneration chosen by him, as well as the use/inability to use by the Sublicensee and/or third parties of any means and/or methods of transmitting/receiving information, as well as for all actions The Sublicensee when using the Program, including for all documents created by the Sublicensee, for all files uploaded by the Sublicensee, for all information stored in the Sublicensee's account, for all SMS messages and emails created by the Sublicensee, for lack of access to the Program related to preventive and/or repair work on the Licensee's and/or Sublicensee's Server, for lack of access to the Program related to the actions of the Sublicensee, the operation of the Internet or the actions of third parties.
6.9 The Licensee is not responsible for the Licensor's compliance with copyright, patent, and any other rights of third parties, as well as for the qualitative and quantitative content of the Software. Claims and lawsuits arising from exclusive and (or) non-exclusive rights to use the Software are brought against the Licensor.
7. Dispute resolution
7.1 In case of disputes between the Licensee and the Sublicensee on issues provided for in this Agreement or in connection with it, the parties will take all measures to resolve them through negotiations among themselves.
7.2 In case of failure to reach the consent of the parties in resolving the dispute, the dispute is referred to the Republic of Armenia court for consideration.
7.3 Prior to filing claims, it is mandatory to comply with the pre-trial (claim) dispute settlement procedure. The submitted claim is subject to review within 10 (Ten) business days from the date of receipt.
8. Force majeure
8.1 Neither party shall be liable to the other party for non-fulfillment of obligations caused by circumstances that arose against the will and desire of the parties and which cannot be foreseen or avoided by reasonable means, including declared or actual war, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires, and other natural disasters, as well as prohibitive measures, actions of the authorities.
8.2 A certificate issued by the relevant Chamber of Commerce or other competent authority is sufficient evidence of the existence and duration of force majeure circumstances.
8.3 A party that does not fulfill its obligations due to force majeure circumstances must immediately notify the other party of the obstacles that have arisen and their impact on the fulfillment of obligations under the Agreement.
8.4 If force majeure circumstances have been in effect for two consecutive months and show no signs of termination, this Agreement may be terminated by the parties by sending a notification to the other party.
9. Other conditions
9.1 The Licensee reserves the right to change or supplement any of the terms of this Agreement at any time by posting all changes on its website
https://autopatterns.art/licensia /
9.2 If changes are made to this Agreement, such changes will take effect from the moment they are published on the website
https://autopatterns.art/licensia / unless another effective date has been set or determined when publishing the amendments to the Agreement.
9.3 The Sublicensee certifies and guarantees that, by concluding this Agreement, he acts voluntarily, while fully familiarized with the terms of the public offer, understands the subject of the public offer and the legal consequences that may arise as part of the execution of this Agreement.
9.4 This Agreement comes into force from the moment the Sublicensee accepts the terms of the Agreement by acceptance, in accordance with clause 1.3. and Section 2 of this Agreement and is valid until the Parties fully fulfill their obligations.
9.5 From the moment of acceptance of the terms of this Agreement, the Sublicensee expresses its consent to the processing by the Licensee in a non-automated and/or automated manner of the Sublicensee's personal data in accordance with the Law of the Republic of Armenia on Personal Data Confidentiality, which was adopted on 05/18/2015, namely: surname, first name, patronymic, contact phone number, e-mail.
9.6 The Licensee's processing of the Sublicensee's personal data is carried out for the purposes of fulfilling this Agreement, including (without limitation) collection, systematization, accumulation, storage, clarification (updating, modification), depersonalization, blocking of personal data, as well as the implementation of any other actions provided for by the current legislation of the Republic of Armenia.
9.7 Personal data is transferred to the Licensee by entering it on the website at:
https://autopatterns.art/software /.
9.8 The Sublicensee's consent to the processing of his personal data is valid until the purposes of personal data processing are achieved or during the period of information storage and may be revoked by the Sublicensee at any time upon his written request.
9.9 The current legislation of the Republic of Armenia applies to the relations of the parties on those issues that are not regulated or not fully regulated by the Agreement.
Contact information:
Licensee: Individual Entrepreneur Vladimir David Gevorkian.
TIN: 72990308, PSRN of IE 264.1319313
Issued on 05/23/2023 from the Agency of the
State Register of Legal Entities of the Republic of Armenia
Address: 49/3 Komitas str., 9th floor, Yerevan, Armenia 0051
Social Number: 45719313 NACE 62.01.0
Legal Address: 22 Arghutyan St., 51 sq., Armenia, Yerevan.
Current account: AMD 1660032778020100 Evocbank CJSC Yerevan, Armenia
E-mail:
autopatterns.art@gmail.com tel. + 374 93 555 098