END USER LICENSE AGREEMENT MyOffice Education

Date of last revision: March 01, 2019
 

This End user license agreement (hereinafter, the “License Agreement”) establishes the terms and conditions of using the MyOffice Education computer software and its updates or upgrades (hereinafter — “Software”) and is concluded between the End User and New Cloud Technologies Ltd., which is the Rightholder of exclusive rights to the Software.

Before using the Software, please read the terms and conditions of this License Agreement as set out below.  All use of the Software by You signifies complete and unqualified acceptance by You of the conditions of this License Agreement.

If You do not accept the terms and conditions of the License Agreement in full, You shall not be entitled to use the Software for any purpose and in any way.

 

In this License Agreement, the following terms and definitions starting with a capital letter have the following meanings (regardless of the number or case in which such terms and definitions are given):

Software — a set of data and commands presented in a physical form intended for the functioning of computers and other computer devices in order to obtain a certain result, which includes preparatory materials obtained in the course of the development of the Software and the audiovisual imageries that it generates;

Software Update — a modification of the original Software that is created as a result of fixing bugs and/or updating the original Software, which may contain new solutions, the implementation of new requirements and new functions, which lead to the creation of independent (derivative) intellectual property assets that are inseparably linked to the original Software;

You, End User — a person who is granted the right to the use (simple non-exclusive license) of the Software under the terms of this License Agreement;

End User (Educational Organization) — an organization that is a state or municipal non-profit organization that carries out educational activities as the main type of activity under a license to conduct educational activities issued by a the relevant state regulatory body, which lawfully obtained the Software, and is included in the following list:

— preschool educational organizations: kindergartens;

— educational organizations: schools, grammar schools, lyceums, educational centers, boarding schools, boarding grammar schools, boarding lyceums, a therapeutic sanatorium-based general educational institution for children in need of long-term treatment, an educational institution for orphans and parentless children, a special educational institution for juvenile offenders, special (correctional) educational institutions for students with developmental disabilities, cadet schools, boarding schools, the Suvorov military academy and Nakhimov naval academy, cadet (naval cadet) corps, Cossack cadet corps;

secondary vocational education organizations: schools, colleges, technical schools;

— extra-curricular educational organizations for children: child development centers, children’s creative development centers, children’s humanitarian and creative development, ecological and biological centers, military-patriotic education centers for young people, children and young people’s technical creativity centers, children’s tourism centers, innovative creativity centers for young people, palaces of sports, palaces of artistic creativity, palaces of culture for children and young people, creativity houses, creative art centers for young people, creativity and development centers for young people, centers for young naturalists, centers of technical creativity, centers for children’s tourism and excursions, clubs for young sailors and river workers, clubs for young pilots, paratroopers and cosmonauts, clubs for young firefighters, stations for young naturalists, stations for young tourists, ecological and biological stations, children’s music schools, children’s schools of art, children’s sports schools, children’s art schools, Olympic reserve schools, art studios, design studios, theater studios, therapeutic educational camps, educational and leisure camps;

— higher education institutions that carry out educational activities according to basic educational programs and secondary vocational education programs (subject to the restrictions provided for in clause 2.2. of this License Agreement).

End User (Authorized Organization) — a federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body or government agency that has purchased the Software in bulk in order to meet the needs of End Users (educational organizations) for Software, and has lawfully obtained the Software;

Software Users — Employees and Students who work directly with the Software;

Employees — individuals employed by the End User (an educational organization);

Students — individuals in receipt of the educational activities carried out by the End User (Educational Organization);

Rightholder — New Cloud Technologies Ltd. (Principal State Registration Number (OGRN): 1147746237660), which holds the right to the Software;

School License — the right to the use (non-exclusive license) of the Software granted to the End User (Educational Organization);

Installation — recording (reproduction) of the Software onto a Device from a physical medium or from a web page;

Device — a desktop or portable personal Computer or any other similar item which performs the functions of a personal Computer and runs under the operating system, or a virtual machine that emulates the functionality of a personal Computer;

Computer — a technical device belonging to You or used by You, performing automated data processing in accordance with a specific program (or group of interrelated or closely related devices, one or more of which perform such data processing), an example of which can be identified with the help of the unique apparatus identifier (ID of the payment system, BIOS ID, etc.) from the manufacturer of such devices or with the help of a complex of such identifiers;

Internet page — a section of a website on the Internet where the Rightholder or an entity authorized by the Rightholder has legally posted the Software, which is available for Installation, and the version of this License Agreement that is current at the time of Installation (or an Internet link to the text of this License Agreement).

1. General Provisions

1.1. Under this License Agreement, the Rightholder grants the End User (Educational Organization) a School License for the Software. The End User License Agreement with an educational organization comes into effect from the moment the End User (Educational Organization) carries out Installation of the Software or starts to use it in any other way.

1.2. Under this License Agreement, the Rightholder grants the End User (Authorized Organization), the right to use the Software to the extent and under the terms established by the License Agreement. The End User License Agreement with an authorized organization comes into effect the moment the End User (Authorized Organization) carries out Installation of the Software recorded on a physical medium, or starts to use it in any other way.

1.3. The Rightholder is entitled to make any amendments to this License Agreement unilaterally. The current version of the License Agreement is published on the Internet page: https://myoffice.ru/eula_edu_en/ and comes into effect on the date of its publication, unless otherwise specified in a relevant publication. The End User is obliged to use the Software in accordance with the current (present) License Agreement published on the aforementioned website.

1.4. The Software may include electronic documentation and other components used together with the Software.

1.5. This License Agreement is valid for the period during which the License is granted to the End User.

1.6. If the Software is installed from a physical medium, the End User confirms that they accept the terms of this License Agreement posted in electronic form on the copy of the Software by clicking the «Accept» button when carrying out the Installation of the Software.

1.7. If the Software is installed from the Internet Page, the End User (Educational Organization) confirms that it accepts the terms of this License Agreement posted on the Internet page by putting a mark denoting acceptance (tick) in a special field by the phrase “I agree with the terms of the license agreement».

 

2. Terms of use of the Software

2.1. The School License allows the End User (Educational Organization) to carry out Installation of the Software onto an unlimited number of Devices for the sole purpose of using the Software for the internal needs of the End User (Educational Organization) related to organizing and conducting educational activities.

2.2. In the event that the End User (Educational Organization) is an higher education institution, carrying out educational activities in accordance with basic educational programs and secondary vocational education programs, then this End User (Educational Organization) has the right to carry out Installation of the Software on an unlimited number of its Devices for the sole purpose of using the Software for its internal needs related to organizing and conducting educational activities in accordance with basic educational programs and secondary vocational education programs.

2.3. The School License provided under this License Agreement allows only one End User (Educational Organization) to use the Software at a time. The End User (Educational Organization) can’t provide the School License to third parties (i.e. concluding a sublicense agreement) or carry out Installation of the Software on Devices that do not belong to the End User (Educational Organization) or are not under its control. The End User (Educational Organization) only has the right to allow Users of the Software to work directly with the Software.

2.4. The School License is granted for the period of the validity that the Rightholder has the rights to the Software.

2.5. In the event that the license of the End User (Educational Organization) to carry out educational activities is terminated or revoked, the use of the Software by such End User (Educational Organization) under the School License ceases to be legal and this License Agreement pertaining to this End User (Educational Organization) shall be terminated.

2.6. Upon the purchase of a School License, the End User (Educational Organization) is granted the right to receive Software Updates during the term of validity of this License Agreement, unless a different period is specified in a separate agreement between the End User (Educational Organization) and the Rightholder. The use of Software Updates is governed by the terms of this License Agreement. The Installation of a Software Update means the End User (Educational Organization) has accepted the terms of this License Agreement pertaining to the relevant Software Update.

2.7. The Installation of Software Updates occurs automatically by way of the Internet and does not require the participation of the End User (Educational Organization). The End User (Educational Organization) cannot disable the automatic Installation of Software Updates in the Software settings.

2.8. After the automatic Installation of the Software Update, the End User (Educational Organization) cannot opt out of using the installed Update and continue using the previous version of the Software.

2.9. Under this License Agreement, the End User (Authorized Organization) is granted the right to carry out the Installation of the Software on an unlimited number of Devices for the sole purpose of further distribution of the Software among the End Users (Educational Organizations) under its jurisdiction for the latter’s use of the Software under the School License under the terms stipulated by this License Agreement. The aforementioned right is granted to the End User (Authorized Organization) for a period of 1 (one) year and can be extended by a separate agreement with the Rightholder. The End User (Authorized Organization) can’t assign the aforementioned right to third parties (i.e. concluding a sublicense agreement) or carry out the Installation of the Software onto Devices that do not belong to the End User (Authorized Organization) or are not under its control.

3. Restrictions on use

3.1. Individuals that are not End Users do not have the right to use the Software.

3.2. Except for use in the ways and to the extent directly stipulated in this License Agreement, You do not have the right to use the Software for purposes including but not limited to:

3.2.1. to study, research or test the functioning of the Software for the purpose of determining the ideas and principles underlying any element of the Software, to decompile, decrypt it or otherwise attempt to derive the source code of the Software;

3.2.2. to modify and adapt the Software (including to introduce into the Software changes exclusively for the purpose of its functioning on the specific technical equipment used by the End User or when managed by specific programs of the End User);

3.2.3. to fix bugs in the Software;

3.2.4. to reproduce, distribute, copy, or make the Software publicly available in any form and in any way not directly stipulated by this License Agreement, including together with other programs, in collections of program products, with an offer of other programs, settings and other products, independently of the objectives of such use;

3.2.5. to rent out or transfer for temporary use (including by means of transferring the Device on which the Installation of the Software has been made), to sublicense, to transfer or cede rights granted to the End User by this License Agreement, and any other rights relating to the Software, to any other person, if not directly stipulated by this License Agreement;

3.2.6. to create the conditions for access to the Software by third parties who do not have the right to use the given Software, including in a virtual medium or via the Internet, if not directly stipulated by this License Agreement;

3.2.7. to delete, change or make hard to detect any notification about copyright or the rights to trade marks which are indicated in the accompanying documentation to the Software or inside the Software.

3.3. For violation of the intellectual property rights to the Software, the End User bears civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

 

4. Limitation of Liability

4.1. The Software is provided on an «as is» basis. The Rightholder does not offer any guaranties with respect to faultless and uninterrupted operation of the Software, the conformity of the Software to concrete objectives and expectations of the End User, and also does not present any other guaranties which are not directly indicated in this License Agreement.

4.2. To the maximum extent permitted by the current legislation of the Russian Federation, the Rightholder is not liable to the End User and/or third parties for any direct or indirect consequences of any use or inability to use the Software and/or damage caused as a result of any use or non-use of the Software, which includes the consequences of any possible errors or malfunctions during use of the Software.

4.3. Under no circumstances does the Rightholder bear liability to the End User and/or third parties for indirect losses. The notion of “indirect losses” includes but is not limited to losses of income, profit, expected savings, working activity or reputation.

4.4. The software is not fail-proof.

4.5. In case of established 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 rubles.

 

5. Intellectual property rights

5.1. Except for rights of use directly stipulated by this License Agreement, the End User is not given any rights to the intellectual property of the Rightholder (including the Software and any patents, trademarks and intellectual property protected by the legislation of the Russian Federation). The End User does not have the right during the period of validity of the License Agreement or after its expiration to use or to claim any rights to any name, trade mark, brand name, style or design belonging to the Rightholder or to any names, trademarks, brand names, styles or designs which are similar to the degree of possible confusion.

5.2. The End User does not have the right to use the trademarks and service marks belonging to the Rightholder, including the trademarks МойОфис and MyOffice, without the prior written permission of the Rightholder.

5.3. If certain Software contains components distributed under the Mozilla Public License v2.0, the source text of these components and their modifications are available to You at any time in accordance with the terms of such license. The Rightholder will not restrict Your right to receive such source text.

 

6. Confidentiality

6.1. In case the End User provides the Rightholder while using the Software with any data (including End User’s personal data), such data is stored and processed in accordance with the Privacy Policy, which is available at https://myoffice.ru/policy_en/.

 

7. Governing Law

7.1. All the relations between the Rightholder, on the one hand, and the End User, on the other hand, are governed by the legislation of the Russian Federation.

 

8. Right to withdraw from the License Agreement

8.1. If the End User violates the terms and conditions of this License Agreement or the copyright of the Rightholder, the Rightholder is entitled to refuse to perform this License Agreement unilaterally out of court procedure (recall the License) without reimbursing the End User for any losses. In this case, the End User is obliged immediately to stop using the Software and to destroy (to erase irretrievably) the Installed Software.

 

9. Miscellaneous

9.1. If any part of this License Agreement is found to be ineffective or invalid, the remaining parts of the License Agreement will remain in full force and effect.

9.2. On all matters related to the implementation of this License Agreement, You can contact the Rightholder using the contact information on the Rightholder’s website: https://ncloudtech.com/contact.html.

9.3. This License Agreement is the English translation of the original license agreement written in Russian language which can be found on https://myoffice.ru/eula_edu/. In case of any discrepancies between Russian and English texts of the License Agreement the Russian text shall prevail.