License Agreement for the Use of the Trial Version of MyOffice Documents Mobile Application for KasperskyOS

Published on: November 24, 2023

This License Agreement (the “License Agreement”) sets forth the terms and conditions of use of the trial version of MyOffice Documents mobile application for KasperskyOS (“Mobile Application”) and is concluded under a simplified procedure between You and New Cloud Technologies Ltd., which is the Rightholder of the exclusive right to the Mobile Application.

Please read the following terms and conditions of the License Agreement carefully before using the Mobile Application. Whenever You use the Mobile Application, You fully and unconditionally accept the terms and conditions of this License Agreement.

If You do not accept the terms and conditions of the License Agreement in full, You do not have the right to use the Mobile Applications for any purpose or in any manner.

1. Definitions

"Rightholder" means NEW CLOUD TECHNOLOGIES Ltd. (OGRN (Primary State Registration Number) 1147746237660).

"You" or the "End User" means a person (subject of civil law) who lawfully holds a License for Use.

"Mobile Application" means a trial version of the computer program (as defined in Article 1261 of the Civil Code of the Russian Federation) MyOffice Documents for KasperskyOS belonging to the product line of the Rightholder's Mobile Applications and intended for use on Mobile Devices running under the KasperskyOS mobile operating system.

"Mobile Device" means a smartphone or tablet that meets the technical requirements for operating the Mobile Application.

"Installation" means recording (reproduction) a Mobile Application and/or Update on one (1) of Your Mobile Devices and then launching it.

"Update" means a modification to the Mobile Application resulting from bug fixes and/or updates to the original Mobile Application which may contain new solutions, implementation of new requirements, and new features resulting in independent (derivative) results of intellectual activity inseparable from the original Mobile Application.

"License for Use" means the right to use (simple (non-exclusive) license) the Mobile Application which includes the right to proceed with the Installation of the Mobile Application and its further use for its functional purpose provided to You in accordance with the terms and conditions of this License Agreement.

2. General Provisions

2.1. This License Agreement shall become effective at the time You begin to Install the Mobile Application or begin to use it in any other manner or express Your consent to enter into the License Agreement by selecting “I accept the terms and conditions of the License Agreement” followed by clicking the “Accept” or “Next” button.

2.2. Subject to the terms and conditions of this License Agreement, the Rightholder grants You a License for Use the Mobile Application on the territory of the Russian Federation for a period of 1 (one) calendar year from the date of Installation, unless another period is determined by the Rightholder or a person authorized by the Rightholder. Upon expiration of the License, you agree to immediately stop any use of the Mobile Application and delete it from Your Mobile Device. Unless otherwise clearly follows from the nature of your contractual relationship with the Rightholder and/or persons authorized by the Rightholder, the License for Use is provided to you free of charge. For the purposes of this License Agreement, the trial version of the Mobile Application means the corresponding Mobile Application, which is provided to you for use solely for familiarization, testing and/or checking the functionality of the Mobile Application for the period specified in this License Agreement. The Mobile Application is provided exclusively for non-commercial use.

2.3. The Mobile Application may include electronic documentation and other components used in conjunction with the Mobile Application.

3. Restrictions on Use

3.1. With the exception of using the methods and to the extent expressly provided for in this License Agreement or the legislation of the Russian Federation, you do not have the right to use the Mobile Application, including:

• To study, research or test the functioning of the Mobile Application for the purpose of determining the ideas and principles underlying any element of the Mobile Application, decomposing it, deciphering it or in other ways attempting to obtain the source text of the Mobile Application.
• To modify and adapt the Mobile Applications (including to introduce into the Mobile Applications changes exclusively for the purpose of their functioning on the specific Mobile Devices used by You or when managed by Your specific programs).
• To fix bugs in the Mobile Application.
• To reproduce, distribute, copy, bring the Mobile Application to general knowledge in any form or by any means which is not explicitly stipulated in this License Agreement, including together with other programs, as part of packages, with an offer of other programs, settings and other products, regardless of the objectives of such use.
• To rent out or transfer for temporary use (including by means of transferring the Mobile Device on which the Mobile Applications have been installed), to sublicense, to transfer or assign the rights granted to You by this License Agreement, and any other rights relating to the Mobile Application, to any other person, unless otherwise explicitly stipulated in this License Agreement.
• To delete, change or make hard to detect any notification about copyrights or the rights to trademarks which are indicated in the related documentation to the Mobile Application or inside the Mobile Application.

3.2. For violation of the intellectual property rights to the Mobile Application, the User shall be civilly, administratively or criminally liable in accordance with the legislation of the Russian Federation.

4. License Agreement Validity Term

4.1. This License Agreement shall become effective on the date specified in Clause 2.1. of the License Agreement and shall be valid for the term of the License for Use. The Rightholder is entitled to make any changes and amendments in this License Agreement unilaterally. The new version of the License Agreement is published at https://myoffice.ru/eula_documentsmobile_trial_KOS_en and shall become effective as of the date of its publication, unless otherwise specified in the relevant publication. You shall use the Mobile Applications in accordance with the current (up-to-date) License Agreement published on the aforementioned web page.

5. Consequences of Violating the Terms and Conditions of the License Agreement

5.1. In case You violate the terms and conditions of this License Agreement or the legislation of the Russian Federation when using the Mobile Application, the Rightholder shall be entitled to take several actions to cease such violation, including unilateral extrajudicial termination of this License Agreement (revocation of the License for Use) without compensating the User for any losses. In this case, You shall immediately stop using and irrevocably uninstall the Mobile Application from Your Mobile Device.

6. Confidentiality

6.1. If You transfer any data to the Rightholder when using the Mobile Application, the processing of which is regulated by the law applicable to this License Agreement, such data is processed in accordance with the policy published on the Rightholder's website.

7. Applicable Law

7.1. All relations between You and the Rightholder under this License Agreement shall be governed by the legislation of the Russian Federation.

8. Intellectual Property Rights

8.1. All intellectual rights to the Mobile Application, including its design, interfaces and other components belong to the Rightholder and are protected by the legislation of the Russian Federation.

8.2. Separate components of the Mobile Application can contain links and include materials and software distributed under a free license. In these cases, the Rightholder does not claim authorship and, to the extent possible, makes footnotes to the copyright ownership and location of the license agreement covering such software.

8.3. In no event shall any of the contents of this License Agreement be construed as granting, directly or indirectly, any license or right to use any trademarks, logos, service marks, or other protected intellectual property or means of individualization set forth herein. Any unauthorized use of trademarks, logos, service marks, other protected results of intellectual activity or means of individualization owned by the Rightholder (including but not limited to the trademarks «МойОфис», “MyOffice”, «МоиДокументы» and others), without the written permission of the Rightholder is strictly prohibited.

8.4. The Copyright Holder has the right to use the Mobile Application at their discretion in any way that does not contradict the law, including unilaterally making changes to the Mobile Application, changing the functionality of the Mobile Application (for example, by adding/removing relevant functions), creating new versions of the Mobile Application, as well as performing other actions related to ensuring the functioning of the Mobile Application. The User agrees that any use of the Mobile Application by the Rightholder may not result in a material change in the circumstances on which the User relied upon when entering into this License Agreement, nor may it result in damages or other unfavorable consequences for the User.

9. Limitation of Liability

9.1. The Mobile Application and its components are provided “as is”, with the functionality that You obtain. The Rightholder does not provide any other warranties other than those set forth in this License Agreement. The Mobile Application is not a final version and may contain errors and other malfunctions that may cause a system crash or other malfunction and data loss. By entering into this License Agreement, you confirm that you independently bear the risk of any consequences caused by errors or other malfunctions of the Mobile Application. The Rightholder shall not be bound (but has the right) to provide You with technical support, maintenance and Updates of the Mobile Application.

9.2. The Rightholder, its founders, executives, employees, agents, and partners shall not be liable to You and/or any third parties to the maximum extent allowable by the legislation of the Russian Federation for any direct, indirect, incidental, punitive or consequential damages resulting from the use or inability to use the Mobile Applications for any reason, including but not limited to any modification thereof, temporary or complete termination of access, removal or corruption of data, unauthorized access or corruption of transmitted information, use of Mobile Applications by third parties, even if the Rightholder has been notified of such liability.

9.3. You agree to indemnify the Rightholder against claims of third parties who have signed contracts for rendering services that are partially or fully rendered by You via the Mobile Application.

9.4. Under no circumstances shall the Rightholder be liable to You and any third party for consequential damages. The notion of “consequential damages” includes but is not limited to losses of income, profit, expected savings, business activity or reputation.

9.5. In case of ascertainment of guilt in the actions of the Rightholder, the liability of the Rightholder under any circumstances in accordance with Article 15 of the Civil Code of the Russian Federation is limited to ten thousand Russian rubles (RUB 10,000).

10. Miscellaneous

10.1. In the event that any part of this License Agreement is held invalid or void, the remainder of the License Agreement shall remain in full force and effect.

10.2. For all questions related to this License Agreement, You can contact the Rightholder using the contact information on the Rightholder’s website at https://myoffice.ru/.

10.3 This License Agreement is the English translation of the original License Agreement written in Russian language which can be found at https://myoffice.ru/eula_documentsmobile_trial_KOS. In case of any discrepancies between Russian and English texts of the License Agreement, the Russian text shall prevail.

For the purposes of this License Agreement:

MyOffice Documents mobile application for KasperskyOS is an English literal translation of «Мобильное приложение МойОфис Документы для ОС KasperskyOS».