Please make yourself aware of the terms and conditions of this license agreement (hereinafter the “License”, the “License Agreement”) prior to the use of www.TezBer.com application for Android (the “Application”). Any use of the Application shall mean your full and unconditional acceptance of this License Agreement. You shall not be able to use the Application for any purpose whatsoever if you do not understand all the terms and conditions of this License Agreement.

1. Agreement Subject Matter

1.1. This License Agreement is concluded between the user (hereinafter the “User”) and Tezber Company LLP (Legal address: 98 Zhandossov Str., Auezov District, 050042, Almaty, Republic of Kazakhstan) being the proprietor of the exclusive rights to the Application (the “Proprietor of the Rights”). The License shall establish the terms and conditions of the Application utilization by the User.

1.2. By installing the Application to his/her/its mobile device the User shall express his/her/its full and unconditional consent to all terms and conditions of the License.

1.3. It shall be permitted to use the Application only on the terms and conditions of this License. If the User fails to accept all terms and conditions of this License, the User shall not be entitled to use the Application for any purpose whatsoever. It shall be prohibited to use the Application in breach (default) of any terms and conditions of the License.

1.4. Pursuant to the terms and conditions of the License this Application shall be used for personal non-commercial purposes free of charge. The Application may be used on the terms and conditions and in a manner not provided for herein only based upon a separate agreement with the Proprietor of the Rights at the price to be established by the Proprietor of the Rights.

1.5 The Use of the Application by the User shall imply his/her/its agreement with the Terms and Conditions of Sale of Goods in an online shop www.TezBer.com applicable to individuals and legal entities. Tezber Company LLP may amend the License and the Terms and Conditions of the Sale of Goods [without] any specific notice, provided that a new version thereof shall come into force and effect upon publication thereof unless such agreements state otherwise.

1.6. The use of the Application by the User shall imply the consent thereof to the use of the User’s technical information regarding the device, system and application as well as peripheral equipment. The Proprietor of the Rights shall be entitled to collect and use technical data and related information to improve the Application or to render any services or provide technology to the User. The Proprietor of the Rights shall be entitled to use the information, provided that such information is in the form not permitting personal identification of the User.

1.7. The User shall use the Application hereunder free of charge.

1.8. An open ZXing library distributed under Apache 2.0 license shall be used to scan bar codes.

2. Exclusive Right to the Program

2.1. The Proprietor of the Rights shall have an exclusive right to the Application.

3. Allowed Use

3.1. The Proprietor of the right shall give the User a non-exclusive right (a non-exclusive license) to use the Application as follows:

3.1.1. Application use for the direct intended purpose thereof and installation thereof on the User’s mobile device(s). The User shall be entitled to install the Application on an unlimited number of mobile devices.

3.1.2. Application reproduction and distribution for non-commercial purposes (free of charge).

3.2. The Application shall be used under the brand name “ www.TezBer.com for Android”. The User shall not be entitled to change and/or delete the Application name, the copyright symbol or any other reference to the Proprietor of the Right.

4. Limitations 

4.1. Except for the use in the scope and ways expressly provided for herein, Kazakhstan legislation, the legislation of the User’s country, the User shall have no right to change, reverse compile, reverse assemble, decrypt and perform any other actions with the Application object code in order to obtain information regarding the implementation of algorithms used in the Application, use the Application to create derivative products, and to permit other use of the Application without a written consent of the Proprietor of the Rights.

4.2. The User shall not be entitled to reproduce and distribute the Application for any commercial purpose (for a consideration) including in software products kits without a written consent of the Proprietor of the Right.

4.3 The User shall not be entitled to distribute the Application in the form different from the one it received the Application without a written consent of the Proprietor of the Rights.

5. Liability

5.1. The Application shall be provided as is. The Proprietor of the Right shall offer no guarantees of the error-free and continuous operation of the Application or certain components thereof, the Application compliance with any User’s specific purposes as well as shall provide no guarantees other than those expressly set out in this License.

5.2. To the maximum extent permitted under applicable legislation the Proprietor of the Rights as well as its partners shall bear no liability for any direct or indirect consequences of the use or an impossibility to use the Application and/or any damage inflicted to the User and/or any third parties as the result of use or non-use of the Application or certain components thereof, including due to any possible errors or failures in the operation thereof.

5.3. Any claims related to the use/impossibility to use the Application as well as to any possible facts of breach of the legislation and/or any third party rights as the result of the Application use shall be sent to the following address:_________.

5.4. This License as well as any relations related to the Application use shall be governed by applicable legislation of the Republic of Kazakhstan.

6. Special Conditions

6.1. Certain Application function may be performed only when Internet access is available. The User shall gain and pay for such an access on the terms and conditions as well as based upon the tariffs of his/her/its telecommunication and Internet services provider.