Copyright and Trademark Policy
This Copyright and Trademark Policy is effective and last updated as of July 5, 2022.
This Copyright and Trademark Policy (the “Policy”) is concluded between the Yaware’s Clients, or the Partners, or the Website (https://yaware.com/ ) visitors, etc. (“you”) and LLC “Yaware” (also “Yaware” or “we”) regarding the intellectual property rights of LLC “Yaware”.
This Policy is an integral part of the Terms of Service of LLC “Yaware”. By using the Website and/or the Service, you irrevocably agree to this Policy. If you do not agree to this Policy, you may not use the Website or the Service.
1.1. LLC “Yaware” shall own all worldwide right, title, and interest (including copyright and other proprietary or intellectual property rights) in and to the Yaware Service’s source code (“Yaware’s Code Content”).
1.2. Yaware Service is proprietary software of LLC “Yaware”, which is offered for a fee declared at the following page: https://yaware.com/pricing/ and delivered as a SaaS (Software as a Service) model or Enterprise Local Version model. Yaware Services may not be transferred, altered, copied or duplicated in any way or for any reason and may only be used by the Clients if the Clients continue to use Yaware Service.
1.3. Yaware may use its own and/or may purchase third party licenses for products or services that are necessary for Yaware to perform the Services. Such products may include, but are not limited to server-side applications, clip art, “back-end” applications, music, stock images, or any other copyrighted work (“Outside Content”) which Yaware deems necessary to purchase on behalf of the Clients to perform the Services.
1.3.1. Any Outside Content used to perform the Services may be owned by Yaware and/or such third parties and cannot be transferred to Clients and shall remain the property of Yaware and/or such third parties, unless otherwise agreed in the Agreement. Outside Content which is owned and/or purchased by Yaware may be used in the design and/or development of other web Websites and applications for other Clients of Yaware.
1.4. Yaware may also incorporate the materials, if any, provided by the Client and expressly identified in the Agreement, including, without limitation, trade or service marks, images, illustrations, graphics, multimedia files and/or text (“Client’s Content”), provided that Client delivers such Client’s Content to Yaware promptly and in such media and/or electronic file format(s) designated in the Agreement. Client shall retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in and to the Client’s Content.
1.5. You shall not directly or indirectly:
- License, sublicense, sell, resell, lease, assign, transfer, distribute, or otherwise commercially exploit or make available to any third parties the Yaware Service or the Yaware’s Code Content in any way.
- Alter, modify, translate, or create derivative works based on the Yaware Service or the Yaware’s Code Content.
- Disassemble, decompile, or reverse engineer the Yaware’s Code Content or any aspect of the Yaware Service, or otherwise attempt to derive or construct source code or other trade secrets from the Yaware’s Code Content.
- Build a competitive product or service to the Yaware Service or to the Yaware’s Code Content or service that uses the same features, functions, or graphics to the Yaware Service or to the Yaware’s Code Content.
- Use the Yaware Service or the Yaware’s Code Content to engage in any prohibited or unlawful activity.
- Permit any third party to do any of the foregoing.
1.6. Liability for any breach of the provision of the para 1.5. of the Policy is the following:
- You shall pay to Yaware the fine in the amount of real direct documentary proven damages of Yaware.
- If the Yaware Service or the Yaware’s Code Content was illegally (namely, in breach of this Policy or the Agreement) distributed to the public access, then the infringer shall remove the Yaware Service or the Yaware’s Code Content from the public access.
- If the Yaware Service or the Yaware’s Code Content was illegally (namely, in breach of this Policy or the Agreement) provided to the third party, then the infringer shall suspend such illegal usage by the third party.
1.7. You may not imitate the trade dress or “look and feel” of Yaware Website (https://yaware.com/ ), including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Yaware. You may not copy Yaware Website’s (https://yaware.com/ ) design, typefaces, distinctive color, graphics designs or imagery.
1.8. If you breach any of the provisions of the para 1.7. of the Policy, then you shall pay to Yaware the fine in the amount of real direct documentary proven damages of Yaware and stop imitating the trade dress or “look and feel” of Yaware Website (https://yaware.com/) within a reasonable period of Yaware’s request, but in no situation, more than five (5) working days after Yaware’s request.
2.1. “Yaware trademarks” means “Yaware”, “yaware.com” and Yaware logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter of Yaware.
2.2. LLC “Yaware” does not permit you to use Yaware trademarks, unless you have obtained prior written approval from LLC “Yaware” or otherwise was agreed in a written Agreement between you and LLC “Yaware”. Nothing in this Policy shall grant or be deemed to grant you any right, license, title or interest in or to any Yaware trademarks. LLC “Yaware” reserves all intellectual property rights in and to the Yaware trademarks and the goodwill associated therewith.
2.3. The marketing materials containing the Yaware trademarks may be received only from LLC “Yaware” upon its prior written approval.
2.4. You shall not directly or indirectly:
- Use the Yaware trademarks in any manner to harm or adversely affect the Yaware trademarks or the goodwill associated with the Yaware trademarks.
- Display the Yaware trademarks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.
- Use the Yaware trademarks in any manner that violates any Ukrainian law or regulation.
- Challenge or encourage, assist or otherwise induce third parties to challenge the Yaware trademarks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Yaware trademarks.
2.5. If you breach any of the provisions of section 2 of this Policy, then you shall pay to LLC “Yaware” the fine in the amount of real direct documentary proven damages of Yaware and stop using Yaware trademarks within a reasonable period of Yaware’s request, but in no situation, more than five (5) working days after Yaware’s request.
3.1. We reserve the right to modify this Policy at any time and at our own discretion. If we decide to change this Policy, we will post those changes on this page. By using our Website and/or Services, you acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of the possible modifications.
3.2. If you have any questions or suggestions regarding this Policy, please submit the contact us form.