End User License Agreement & Privacy Policy
This End User License Agreement and Privacy Policy (together, the “Agreement”) applies to the website located at dudarenko.net (the “Site”) and to all software applications made available by D.D.M. (“DDM”) for desktop, iOS, Android and other platforms (each, an “Application”; collectively with the Site, the “Software Product”).
PLEASE READ CAREFULLY BEFORE USING THE SITE OR ANY APPLICATION.
BY ACCESSING THE SITE, OR BY DOWNLOADING, INSTALLING OR USING AN APPLICATION, YOU (1) REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND, IF APPLICABLE, ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS AGREEMENT, AND (2) AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE OR ANY APPLICATION.
1. Grant of Licence
The Software Product includes (a) software owned by DDM, together with any associated media and electronic documentation, and (b) software provided by third parties and used together with the Software Product (“Third Party Software”). Subject to your compliance with this Agreement, DDM grants you a personal, non-exclusive, non-transferable, revocable licence to:
- Use. Access the Site and install and use each Application on devices that you own or control, solely for your personal, non-commercial purposes.
- Reservation of Rights. The Software Product is licensed, not sold. DDM and its suppliers retain all right, title and interest in and to the Software Product and reserve all rights not expressly granted in this Agreement.
- Third Party Software. Any Third Party Software bundled with or used by the Software Product is licensed to you subject to the terms accompanying that Third Party Software, which govern your use of it to the extent of any conflict with this Agreement.
2. Updates and Additional Software
This Agreement applies to any update, upgrade or supplement to the Software Product provided by DDM, unless different terms are supplied with that update, in which case the supplied terms prevail. After installing an upgrade, you may no longer use the superseded version.
3. Transfer and Restrictions
- Transfer. An Application may be transferred to another end user only as part of a transfer of the device on which it is installed, must include all components and this Agreement, and requires the recipient to accept this Agreement. Upon transfer, your licence terminates.
- Restrictions. You may not rent, lease, lend, sublicense, assign or transfer the Software Product except as expressly permitted above, and you may not use it for commercial timesharing, service bureau or similar commercial purposes.
4. Proprietary Rights
All intellectual property rights in the Software Product and its documentation are owned by DDM or its suppliers and are protected by applicable copyright, trademark, trade secret and other laws and international treaties. The structure, organisation and code of the Software Product are the confidential information and trade secrets of DDM and its suppliers. You shall not remove any product identification, copyright notice or proprietary marking.
5. Limitation on Reverse Engineering
Except to the extent such restriction is prohibited by applicable law, you shall not, and shall not permit any third party to, reverse engineer, decompile, disassemble, modify or create derivative works of the Software Product. Unauthorised copying or any breach of this Agreement terminates your licence automatically and constitutes immediate, irreparable harm to DDM for which injunctive relief is an appropriate remedy in addition to any other available remedies.
6. Term and Termination
This Agreement is effective until terminated. It terminates automatically and without notice if you fail to comply with any of its terms. Upon termination you must cease all use of the Software Product and delete all copies in your possession.
7. Privacy and Data Collection
DDM takes a minimal-data approach. In connection with your use of the Software Product, DDM and its service providers may collect:
- Usage analytics — aggregated and, where possible, pseudonymised information about how the Software Product is used (for example, feature usage, session frequency and duration, device type, operating system and version, language and region).
- Crash and diagnostic data — technical information generated when an Application encounters an error or unexpected condition, including stack traces, device model, OS version, application version and the state of the Application at the time of the event.
DDM does not knowingly collect data that directly identifies you (such as your name, postal address, phone number or precise location) and does not sell or rent any data about you. Analytics and crash data are used solely to maintain, debug, secure and improve the Software Product.
Collection and processing may be performed through third-party platform services (including, without limitation, Apple App Analytics, Google Play Console, and comparable analytics or crash-reporting providers), each acting as an independent controller or processor under its own terms.
Where the operating system provides controls to limit analytics or diagnostic sharing (for example, “Share Analytics” / “Share With App Developers” on iOS or “Usage & diagnostics” on Android), your choices made at the OS level are respected by the Software Product.
You may have rights under applicable data protection law, including the right to access, correct or delete data relating to you, and the right to lodge a complaint with a supervisory authority. Requests may be submitted through the contact channels published on the Site.
8. Free of Charge; No Paid Features
The Software Product is provided free of charge. DDM does not currently offer paid features, subscriptions or in-app purchases. If this changes in the future, additional terms will be presented to you before any purchase.
9. Disclaimer of Warranties
- YOU AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. THE SOFTWARE PRODUCT MAY NOT MEET YOUR REQUIREMENTS, AND ITS OPERATION MAY NOT BE UNINTERRUPTED OR ERROR-FREE. SOFTWARE IS INHERENTLY SUBJECT TO BUGS AND POTENTIAL INCOMPATIBILITY WITH OTHER SOFTWARE AND HARDWARE. YOU SHOULD NOT USE THE SOFTWARE PRODUCT IN ANY SITUATION WHERE FAILURE COULD RESULT IN SIGNIFICANT DAMAGE OR INJURY TO PERSONS OR PROPERTY.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT AND ANY THIRD PARTY SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DDM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND LACK OF VIRUSES. NO STATEMENT BY DDM OR ANY REPRESENTATIVE CREATES A WARRANTY. Where applicable law requires DDM to provide warranties, the scope and duration of such warranty shall be the minimum permitted by that law.
- DDM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE PRODUCT IS USED AND DISCLAIMS ALL LIABILITY ARISING FROM ANY FAILURE THEREOF.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DDM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY OR LOSS OF PRIVACY) ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT OR ANY THIRD PARTY SOFTWARE OR HARDWARE USED WITH IT, EVEN IF DDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE THE SOFTWARE PRODUCT IS PROVIDED FREE OF CHARGE, THE AGGREGATE LIABILITY OF DDM AND ITS SUPPLIERS UNDER THIS AGREEMENT SHALL IN ANY CASE NOT EXCEED ONE SINGAPORE DOLLAR (SGD 1.00). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply in full.
11. Indemnity
You agree to indemnify and hold DDM harmless from any claim or demand (including reasonable legal fees) made by a third party arising out of or related to your violation of this Agreement, your violation of applicable law or the rights of a third party, or your negligent or wilful acts or omissions in connection with the Software Product.
12. Compliance with Laws
You shall comply with all laws and regulations applicable to your use of the Software Product, including applicable export control and sanctions laws. You agree not to use the Software Product for any purpose prohibited by such laws or in any jurisdiction where such use would be unlawful.
13. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict-of-law principles. The parties submit to the exclusive jurisdiction of the courts of Singapore for any dispute arising out of or in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. Changes to this Agreement
DDM may update this Agreement from time to time. The “Last updated” date at the top of this page indicates when it was last revised. Material changes will be communicated by updating the version published on the Site. Your continued use of the Software Product after a change takes effect constitutes acceptance of the updated Agreement.
15. Entire Agreement
This Agreement is the entire agreement between you and DDM relating to the Software Product and supersedes all prior or contemporaneous communications and proposals with respect to its subject matter. In the event of a conflict between the English and any non-English version of this Agreement, the English version prevails. If any provision of this Agreement is held to be unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full force and effect. Sections 4, 5, 7, 9, 10, 11, 13 and 15 survive termination of this Agreement.