END USER LICENSE AGREEMENT

Date of last revision: March 01, 2019
 

This End user license agreement (hereinafter, the “License Agreement”) establishes the conditions for using the following computer software: MyOffice Standard, MyOffice Private Cloud, MyOffice Secure Cloud, MyOffice Professional, MyOffice Mail, MyOffice Storage, MyOffice Text, MyOffice Spreadsheet, MyOffice Enterprise Security Suite and their updates or upgrades (together or separately called the “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 familiarize Yourself with the conditions of the 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 conditions of the License Agreement in full, You do not have the right to use the Software for any purpose or in any manner.

 

This License Agreement stipulates various conditions of use depending on the Software you have installed and the Form of the License You acquired.

In this License Agreement the terms and definitions indicated below beginning with capital letters have the following meanings (independently of whether the terms and definitions are in singular or plural):

Software — all the data and orders taken in aggregate and presented in objective form intended for operating a computer and other computer devices for the purpose of obtaining a specific result including prepared materials obtained in the course of processing by the Software and the audiovisuals they generate;

Application Software — Software intended for Installation on Devices with the objective of performing defined tasks and entailing direct interaction with Software Users, including by means of special separate sessions (of the terminal server or VDI);

Server Software — Software performing service functions and offering to Software Users access to specific Software resources;

Software User — a physical person who directly interacts with the Application Software and/or who uses access to the Server Software;

Software User Account — the aggregate of data stored in the Software about a physical person – the Software User, making it possible to perform authentification and authorization;

Software Update — modification of original Software which is the result of correction of errors and/or updating of the original Software which can contain new solutions, the performance of new requirements and new functions as a result of which there are created separate (derivative) results of intellectual property that are inseparably linked to the original Software;

Software Installer — this is the set of files prepared for distribution of the Software which includes auxiliary tools for automatic or automated pre- installation and initial settings of the Software;

Rightholder — New Cloud Technologies Ltd. (OGRN 1147746237660), possessing the exclusive right to the Software;

Partner of the Rightholder — the legal entity to whom the Rightholder or his authorized representative have given the authority to conclude sublicense contracts;

You, the End User — any person or entity under civil law who has received the right to use (simple, not exclusive license) the Software for his own needs (not for resale) or for the purposes of providing Remote Access to the Software under the Software License. In clause1.1., clause 1.2. and sections 8- 13 of this License Agreement the End User is also taken to mean any person who is a Software User and/or User of Service Provider’s services;

Corporate End User — any End User who is not a physical person. For the purposes of this License Agreement, an individual entrepreneur is a Corporate End User;

License — right of use (simple, nonexclusive license) Software granted in accordance with the conditions of this License Agreement;

Form of License — the conditions of licensing the Software stipulating the use of the Software in a defined way and volume. The special features of licensing the Software are established by separate sections of this License Agreement depending on the Form of the License. This License Agreement governs the use of the following forms of Licenses:

  • Corporate License;
  • License for Service Provider (also called the “License for SP”);
  • Box License;
  • OEM License;
  • Update License.

Installation — recording (reproduction of) the Software onto the Device, Computer or Server which is done with the help of the Software Installer with the launch of the Software to follow;

Installed — with regards to Software means the Software, which Installation has been made;

License Key (Registration Key) — set of numbers, symbols and letters necessary to confirm the lawful use of the Software. Depending on the type of License, the process of entering the License Key may be automatic or may require Your participation;

Device — a stationary or portable personal Computer or other similar item which performs the functions of a personal Computer and works on an operating system, or a virtual machine emulating the behavior of a personal Computer;

Mobile Device — Smartphone or Tablet;

Smartphone — a mobile device with screen less than 7 inches (measured diagonally) working under a mobile operating system and having the functionality of a computer;

Tablet — a mobile device with screen greater than 7 inches (measured diagonally) working on a mobile operating system and possessing the functionality of a Computer;

Mobile Applications — computer programs belonging to the Rightholder (including their applications), designed for use on Mobile Devices;

Remote Access — access to the functions of the Software through the Internet or Local Area Network which serves to display and launch Software or otherwise, directly or indirectly, ensures interaction with the Software but at the same time excludes direct reproduction (Installation) of the Software on the Device being used for Remote Access;

Server — physical or virtual server belonging to You as property or managed by You having the capability of internal storage of data, permitting reproduction of Server Software, i.e., recording it onto electronic supports relating to a server, including in its memory;

Service Provider — End User who provides services of Remote Access to the Software under the Software License;

User of Service Provider’s services — this is a physical person who on a legal basis has received the possibility of Remote Access to the Software by means of Connection of the Account of the User of Service Provider’s services. In case the User of Service Provider’s services gets from the Service Provider the possibility of Installation of Application Software, as provided in clause 4.10 of this License Agreement, he is considered to be the Software User for the purposes of this License Agreement;

Account of the User of Service Provider’s services — aggregation of the data contained in the Software about a User of Service Provider’s services who has the possibility of Remote Access to the Software;

Connection of the Account of the User of Service Provider’s services — the procedures of authentication and authorization allowing the User of services of a Service Provider to use Remote Access to the Software;

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;

Manufacturer — producer/manufacturer of Computers or the person/entity which assembles them;

Pre-installed Software — Software installed on the Computer by the Manufacturer;

Certificate of Authenticity — label applied on a surface of the Computer or on a material support with the Software Installer confirming Your right to use the Software;

Contract granting rights of use — license contract providing rights to use Software concluded between You and the Rightholder or sublicense contract providing the rights to use Software concluded between You and the Partner of the Rightholder;

Replacement of the Software — acquisition by the End User of a new Corporate License to Software with greater functionality entailing cancellation of the current Corporate License used by the End User. The Replacement of the Software is permitted only in cases directly stipulated by the Rightholder.

1. General Provisions

1.1. This License Agreement comes into force from the moment the End User carries out Installation of the Software or uses it in any other way or expresses his agreement to conclude a License Agreement by pressing the “Accept” (“Принять” in Russian) button and then by Installation of the Software.

1.2. The Rightholder is entitled to make any changes in the present License Agreement unilaterally. The new version of the License Agreement is published on the internet page: https://myoffice.ru/eula_en and comes into force on the date of its publication if not stated otherwise in the respective publication. The End User is obliged to use the Software in accordance with the current (present) License Agreement published on the aforementioned web page.

1.3. The Software can include electronic documentation and other components used together with the Software.

1.4. This License Agreement is valid for the period during which the License is granted to you under this License Agreement and/or Contract Granting Rights of Use, unless otherwise stipulated in the conditions of this License Agreement.

1.5. The Form of License, the period of validity of the License, the amount of Software and other necessary conditions are determined on the basis of the Contract Granting Rights of Use (if one exists) or other similar document which confirms that the License has been granted. In case of discrepancy between the content of this License Agreement and the Contract Granting Rights of Use, the text of this License Agreement takes precedence unless otherwise stipulated by this License Agreement or other contract concluded with the Rightholder.

1.6. If the conditions for use of the concrete Software are governed by a separate License Agreement with the Rightholder, the conditions of the separate License Agreement have priority over this License Agreement.

1.7. Software can comprise Application Software, Server Software or both Application Software and Server Software together.

1.8. The following types of Software comprise only Application Software: MyOffice Standard, MyOffice Text, MyOffice Spreadsheet.

1.9. Software comprising only Server Software is the following: MyOffice Private Cloud, MyOffice Secure Cloud, MyOffice Enterprise Security Suite.

1.10. The following types of Software comprise both Application Software and Server Software: MyOffice Mail, MyOffice Professional and MyOffice Storage.

1.11. If You acquire the License for the Software, which has the valid conformance certificate issued by Federal Service for Technical and Export Control of Russia (FSTEC), such Software will comply with the information security requirements during the term of such сertificate. The Rightholder does not guarantee to you that upon expiration of the validity period of the FSTEC certificate, the Rightholder will extend this certificate for a new term or receive a new FSTEC certificate. At the same time, the Rightholder undertakes to inform the End Users in advance (no later than 6 months before the end of the validity period of the FSTEC certificate) about the decision taken by the Rightholder to extend / not extend the validity period of the relevant FSTEC certificate or about the intention to receive a new FSTEC certificate. The relevant information is posted on the Rightholder’s website. The expiry of the FSTEC certificate does not entail the termination of the Software License.

1.12. If the provision of the Software License that has a valid FSTEC certificate is accompanied with the transfer of an installation kit that includes a DVD with the Software Installer and the documentation kit, You cannot transfer such installation kit (in whole or in part) to third parties without sending prior written notification of Rightholder about such a transfer.

2. Corporate License

2.1. A Corporate License is granted Per Device or Per User. The Corporate License is granted exclusively to Corporate End Users.

2.2. The Corporate License Per Device is granted for Software which comprises only Application Software.

2.3. If You have acquired a Corporate License Per Device, the Rightholder grants to You a nontransferable right to use the respective Application Software on the following conditions:

2.3.1. 1 (one) Corporate License Per Device for the Application Software MyOffice Standard allows You to Install the given Application Software on 1 (one) of Your Devices for use by any Software User unless otherwise stipulated by the Contract Granting Rights of Use;

2.3.2. 1 (one) Corporate License Per device for the Application Software MyOffice Text allows You to Install the given Application Software on 1 (one) of Your Devices for use by any Software User unless otherwise stipulated by the Contract Granting Rights of Use;

2.3.3. 1 (one) Corporate License Per Device for the Application Software MyOffice Spreadsheet allows You to Install the given Application Software on 1 (one) of Your Devices for use by any Software User unless otherwise stipulated by the Contract Granting Rights of Use.

2.4. The Corporate License Per Device prohibits You from simultaneously allowing several physical persons to use the Application Software on 1 (one) Device, including by means of Remote Access, unless stipulated otherwise by the Contract Granting Rights of Use.

2.5. The Corporate License Per Device allows You to replace the Device on which the Application Software is Installed, but on the condition that the Application Software is completely removed from the original Device, unless stipulated otherwise by the Contract Granting Rights of Use.

2.6. If the Corporate License which You acquired is Per User, the Rightholder grants You a nontransferable right to use the Software on the following conditions:

2.6.1. 1 (one) Corporate License Per User for the Application Software MyOffice Standard allows You to Install the given Application Software on not more than 5 (five) Devices for use by 1 (one) Software User, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.2. 1 (one) Corporate License Per User for the Application Software MyOffice Text allows You to Install the given Application Software on not more than 5 (five) Devices for use by 1 (one) Software User, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.3. 1 (one) Corporate License Per User for the Application Software MyOffice Spreadsheet allows you to Install the given Application Software on not more than 5 (five) Devices for use by 1 (one) Software User, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.4. 1 (one) Corporate License per User for the Server Software MyOffice Private Cloud allows You to Install the given Server Software on the number of Servers You require, to offer 1 (one) Software User the possibility to connect to the Installed Server Program via the Software User Account with the help of a browser, and to connect to the Installed Server Software Mobile Applications with not more than 5 (five) Tablets and 5 (five) Smartphones for use via the Software User Account, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.5 1 (one) Corporate License Per User for the Software MyOffice Storage allows You to Install the Server Software which is part of the MyOffice Storage Software for the number of Servers You require, to Install the Application Software which is part of the MyOffice Storage Software on not more than 5 (five) Devices for use by 1 (one) Software User, to give the Software User the possibility to connect to the Installed Server Software via the Software User Account with the help of a browser and to connect to the Installed Server Software Mobile Applications with not more than 5 (five) Tablets and 5 (five) Smartphones for use under the Software User Account, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.6. 1 (one) Corporate License Per User for the Software MyOffice Mail allows You to Install Server Software which is part of the Software MyOffice Mail on the number of Servers you require, to Install the Application Software which is part of the Software MyOffice Mail on not more than 5 (five) Devices for use by 1 (one) Software User, to give the Software User the possibility to connect to the Installed Server Software via the Software User Account with the help of a browser and to connect to the Installed Server Software Mobile Applications with not more than 5 (five) Tablets and 5 (five) Smartphones for use under the Software User Account, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.7. 1 (one) Corporate License to use the Software MyOffice Professional allows You to Install the Server Software which is part of the Software MyOffice Professional on the number of Servers You require, to Install the Application Software which is part of the Software MyOffice Professional on not more than 5 (five) Devices for use by 1 (one) Software User, to give the Software user the possibility to connect to the Installed Server Software via the Software User Account with the help of the browser and to connect to the Installed Server Software Mobile applications with not more than 5 (five) Tablets and 5 (five) Smartphones for use under the Software User Account, unless stipulated otherwise by the Contract Granting Rights of Use;

2.6.8. 1 (one) Corporate License to use Server Software MyOffice Enterprise Security Suite allows You to Install such Server Software on the number of Servers You require and to set the security policies for 1 (one) Software User. The use of the Server Software MyOffice Enterprise Security Suite under Corporate License is lawful only if You acquire Licenses to use Server Software MyOffice Enterprise Security Suite for all of Your Software Users, who have the right to connect to the Server Software MyOffice Private Cloud, or to the Server Software which is the part of MyOffice Professional Software, or to the Server Software which is the part of MyOffice Storage Software;

2.6.9. 1 (one) Corporate License per User for the Server Software MyOffice Secure Cloud allows You to Install the given Server Software on the number of Servers You require, to offer 1 (one) Software User the possibility to connect to the Installed Server Program via the Software User Account with the help of a browser, and to connect to the Installed Server Software Mobile Applications with not more than 5 (five) Tablets and 5 (five) Smartphones for use via the Software User Account, unless stipulated otherwise by the Contract Granting Rights of Use.

2.7. The Installation of the Server Software MyOffice Enterprise Security Suite shall be made on the same Servers, used for Installation of Server Software without interaction with which the Server Software MyOffice Enterprise Security Suite cannot be used for its intended purpose (MyOffice Private Cloud, or Server Software which is the part of MyOffice Professional Software, or Server Software which is the part of MyOffice Mail Software, or Server Software which is the part of MyOffice Storage Software).

2.8. The Corporate License Per User prohibits You from connecting to the Server Software several physical persons via 1 (one) Software User Account or to grant the possibility to use Application Software, including by means of Remote Access, to several physical persons via 1 (one) Software User Account.

2.9. A Corporate License is granted for 1 (one) year, unless another time period is stipulated in the Contract Granting Rights of Use.

2.10. When acquiring a Corporate License, You are given the right to receive Software Updates, including new versions of the Software (Upgrades) for a period of 1 (one) year, unless another time period is stipulated in the Contract Granting Rights of Use.

2.11. If it is permitted by the Rightholder and if You have valid rights to obtain Software Updates , You are entitled to accomplish the Replacement of the Software that You use under perpetual Corporate License for Software with greater functionality by acquiring the respective perpetual Corporate License which stipulates the switch to Software with greater functionality. In this case, the validity of this License Agreement with respect to the replaced Software ceases, Your use of the replaced Software is no longer lawful, and You are obliged immediately to stop any use of the replaced Software and to delete all installed copies.

3. Box License

3.1. A Box License is given for Application Software MyOffice Standard.

3.2. Under the Box License the Rightholder grants to You a nontransferable right to use Application Software on the following conditions: 1 (one) Box License for the Application Software MyOffice Standard allows You to Install the given Application Software on 1 (one) of Your Devices and to use (including by means of Remote Access) the Installed Application Software only on 1 (one) Device, or, if You are a Corporate End User, to give the possibility to use the Application Software installed on Your Device (including by Remote Access) simultaneously to only 1 (one) Software User.

3.3. The Box License sets the conditions for using Application Software resulting from the sale of physical data storage devices with the Software Installer.

3.4. You are entitled to replace the Device on which the Installation of the Application Software was made only on condition of complete deletion of the Application Software from the original Device. You are entitled to replace the Device on which the Installation of the Application Software was made no earlier than 90 calendar days from the date of Installation of the Application Software on the original Device or from the day of the previous replacement of Device (in case of a second replacement). If the Device stops functioning, You are entitled to replace the Device before the expiration of the 90 calendar days from the date of Installation of the Application Software on the original Device or from the date of the previous replacement of the Device (in case of a second replacement).

3.5. The physical data storage device with Software Installer can be transferred to another person when fulfilling all of the following conditions:

(a) You use the Box License lawfully;

(b) the new owner of the physical data storage device with Software Installer is obliged to accept the conditions of this License Agreement;

(c) together with the physical data storage device and Software Installer, You hand over the Certificate of Authenticity and the License Key;

(d) when handing over the physical data storage device with Software Installer to another person, You are obliged to delete the Application Software from your Device.

3.6. The Box License is granted for the period of validity of exclusive rights to the Application Software.

3.7. Confirmation of the lawful use of the Box License is provided by the Certificate of Authenticity and the License Key.

3.8. Under the Box License You are not allowed to install the Application Software on several Devices simultaneously and/or to perform combined use of the Application Software, including by means of granting to third parties Remote Access to the Software.

4. SP License

4.1. The SP License is granted for Software comprising only Server Software or Application Software and Server Software together. The SP License is granted exclusively to Corporate End Users.

4.2. Under the SP License the Rightholder grants to You a nontransferable right to use the Server Software on the territory of the Russian Federation (if no other territory is stipulated in the Contract Granting Rights of Use) by means of Installation of the Server Software on Servers in order to provide Remote Access to the Server Software via a Connection of the Accounts of the Users of the services of a Service Provider. The number of Accounts of the Users of the services of a Service Provider available for Connection is defined in the Contract Granting Rights of Use.

4.3. An SP License is granted for 1 (one) year, unless another period of time is stipulated in the Contract Granting Rights of Use.

4.4. You are entitled to give the Users of the services of a Service Provider the possibility to lawfully use Remote Access to the Server Software from any Device. Simultaneous use of Remote Access by several physical persons under a single User’s Account of the Service Provider is prohibited.

4.5. In the process of providing Remote Access to the Server Software, You are obliged to ensure respect for the exclusive rights of the Rightholder by all Users of the services of the Service Provider and persons with whom You have concluded contracts for provision of Remote Access to the Server Software (including the contracts for paid provision of services giving Remote Access and other similar contracts).

4.6. If the Rightholder has reason to believe that any User of Service Provider’s services or person with whom You have concluded a contract for provision of Remote Access to the Server Software is violating the exclusive right of the Rightholder to the Software or the conditions of this License Agreement, You are obliged to give all necessary assistance to the Rightholder, including giving to the Rightholder upon his request all the necessary information about the violation which has occurred.

4.7. You bear liability (including in the form of compensating the Rightholder for losses he has incurred) for any actions of Users of the services of the Service Provider and persons/entities with whom You have concluded Contracts for provision of Remote Access to the Server Software which may lead and/or do lead to violation of the exclusive right of the Rightholder.

4.8. At the written request of the Rightholder, You are obliged to present to the Rightholder reports on the use of the Server Software, including as regards the number of connected Accounts of the Users of the services of a Service Provider.

4.9. When acquiring an SP License, You are given the right to receive Updates of the Software, including new versions of the Software (Upgrades) for a period of 1 (one) year, unless another period of time is stipulated in the Contract Granting Rights of Use.

4.10. If You are given an SP License for Software that comprises both Server Software and Application Software, You are entitled to give Users of the services of a Service Provider the possibility to install the Application Software on the Devices of Users of the services of a Service Provider, on the condition that Installation of the Application Software will be done on no more than 5 (five) Devices for each User of Service Provider’s services. You are also entitled to give Users of the services of the Service Provider the possibility to connect to the Server Software Mobile Applications with not more than 5 (five) Tablets and 5 (five) Smartphones (for each User of Service Provider’s services) for use under the User Accounts of Users of services of a Service Provider. Installation and use of Application Software by Users of the services of a Service Provider are possible subject to acceptance by the Users of services of the Service Provider of the conditions of this License Agreement, and exclusively for the period of time during which the Users of services of the Service Provider are granted the possibility of Remote Access to the Server Software.

5. OEM License

5.1. An OEM License is granted only for Application Software MyOffice Standard.

5.2. Under the OEM License the Rightholder grants to You a nontransferable right to use the Installed Software by means of launching Pre- installed Software on the Computer under the following conditions: 1 (one) OEM License for the Pre- installed Software MyOffice Standard allows You to use (including by means of Remote Access) the Pre- installed Software only on the Computer on which the Pre- installed Software was initially Installed by the Manufacturer or, if You are a Corporate End User, to present the possibility of using the Pre- installed Software (including by Remote Access) simultaneously to only one Software User and only on the Computer on which the Installation of the Pre- installed Software was initially made by the Manufacturer.

5.3. An OEM License establishes the conditions for using the Application Software resulting from the sale of Computers with Pre- installed Software.

5.4. You are entitled to transfer to a third party the Pre- installed Software on the Computer only together with the Computer and Certificate of Authenticity which is attached to the Computer.

5.5. You cannot Install the Pre- installed Software on another Computer, including if the Computer is no longer used or has stopped functioning.

5.6. All components of the Computer can be replaced while preserving the validity of the OEM License except for the components, which replacement causes the alteration of the unique hardware identifier of the Computer (system board ID, BIOS ID, etc.). When replacing the component of the Computer, which causes the alteration of the unique hardware identifier of the Computer, the OEM License ceases to be valid, except for cases of replacement of such component for an identical one.

5.7. You are forbidden to provide simultaneous access to the Pre- installed Software for several physical persons, or to use the technology of virtualization.

5.8. Absence of the Certificate of Authenticity on the body of the Computer makes use of the Pre- installed Software unlawful.

5.9. The OEM License is granted for the period of validity of the exclusive right of the Rightholder to the Pre- installed Software.

6. Update License

6.1. Under the Update License the Rightholder gives You a nontransferable right to use the Updates of the Software by Installing the Updates on Your Devices.

6.2. During the validity period of the Update License the Rightholder gives You the possibility to receive Software Updates, including new versions of the Software (Upgrades), through the Internet.

6.3. The period of use of the Software Updates cannot exceed the term of use of the Software.

6.4. Your use of the Software Updates is governed by the conditions of this License Agreement. Installation of Software Updates signifies Your acceptance of the conditions of this License Agreement as regards the respective Software Updates.

6.5. The Update License is granted for a limited period of time as defined in the Contract Granting Rights of Use or in another document governing purchase of the License for Updates.

6.6. The Update License can be acquired by You no later than 90 (ninety) calendar days from the moment of expiration of validity of the right to receive Updates (under the Corporate License only), or from the expiration of the validity term of a separate Update License. At the expiration of the indicated period of time, the Update License can be granted only on condition of Your acquiring an Update License for the whole period of time during which you did not have the right to receive Updates, beginning from the moment of the end of the period of validity of the right to Updates (under the Corporate License only), or from the moment of expiration of the validity of a separate Update License.

6.7. Rejection of an Installed Update and return of the Software to its previous condition is not possible except for cases when such Updates are a new version of the Software used by You under a Corporate License, and when the right of refusal is exercised by You within the period when You have the right to receive Updates or in the validity period of an Update License for that you purchased.

7. Possibility of combining and using various Licenses

7.1. If You simultaneously use the Application Software MyOffice Standard under the OEM License and MyOffice Professional Software, or MyOffice Private Cloud Software, or MyOffice Storage Software, or MyOffice Mail Software under the Corporate License per user, You are entitled during the period when You have a valid right to receive Software Updates under the above OEM License and the above Corporate License per user to provide Users with the ability to connect the MyOffice Standard Software used under the OEM license to the Server Software included in the MyOffice Professional Software or MyOffice Private Cloud Software or MyOffice Storage Software or MyOffice Mail Software, used under the Corporate License per user, through the Software User Accounts. In such case the conditions for using the OEM License and the Corporate License remain unchanged for the User. You can use the above right to connect MyOffice Standard Software used under the OEM License only if the version of MyOffice Standard Software purchased by You under the OEM License and the version of MyOffice Professional Software or MyOffice Private Cloud Software or MyOffice Storage Software or MyOffice Mail Software, purchased by You under the Corporate License per user, are identical and are updated synchronously.

7.2. If You simultaneously use the Application Software MyOffice Standard under the Box License and MyOffice Professional Software, or MyOffice Private Cloud Software, or MyOffice Storage Software, or MyOffice Mail Software under the Corporate License per user, You are entitled during the period when You have a valid right to receive Software Updates under the above Box License and the above Corporate License per user to provide Users with the ability to connect the MyOffice Standard Software used under the Box license to the Server Software included in the MyOffice Professional Software or MyOffice Private Cloud Software or MyOffice Storage Software or MyOffice Mail Software, used under the Corporate License per user, through the Software User Accounts. In such case the conditions for using the Box License and the Corporate License remain unchanged for the User. You can use the above right to connect MyOffice Standard Software used under the Box License only if the version of MyOffice Standard Software purchased by You under the Box License and the version of MyOffice Professional Software or MyOffice Private Cloud Software or MyOffice Storage Software or MyOffice Mail Software, purchased by You under the Corporate License per user, are identical and are updated synchronously.

8. Restrictions on use

8.1. Except for use by means and in volumes which are directly stipulated by this License Agreement or by legislation of the Russian Federation, the End User does not have the right to use the Software, including:

8.1.1. 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, decomposing it, decyphering it or in other ways attempting to obtain the source text of the Software;

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

8.1.3. to correct errors in the Software;

8.1.4. to reproduce, disseminate, copy, bring the Software to general knowledge in any form or by any means which is 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;

8.1.5. 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;

8.1.6. 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;

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

8.2. 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.

9. Limitation of liability

9.1. The Software is offered on “as is” conditions. 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.

9.2. To the maximum degree allowable by current legislation of the Russian Federation, the Rightholder does not bear any liability for any direct or indirect consequences of any use or the inability to use the Software and/or damage caused to the End User and/or to third parties as a result of any use or non- use of the Software, including due to possible errors or malfunctions in the work of the Software.

9.3. 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.

9.4. The Software is not fail-proof.

9.5. In case of established guilt in the actions of the Rightholder, the liability of the Rightholder under any circumstances in accordance with article of the Civil Code of the Russian Federation is limited to ten thousand rubles.

10. Intellectual property rights

10.1. 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.

10.2. 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.

10.3. Separate components of the Software can contain links and include materials and software distributed under conditions of free licensing. In these cases, the Rightholder does not claim authorship and, to the extent possible makes footnotes showing who owns the author’s rights and location of the license agreement covering such software.

10.4. 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.

11. Confidentiality

11.1. 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 Confidentiality Policy which You may find on https://myoffice.ru/policy_en.

12. Applicable law

12.1. The relations between the Rightholder, as one party, and the End User, as the second party, are governed by the legislation of the Russian Federation.

13. Right of refusal to perform the License Agreement

13.1. In case of violation by the End User of the conditions of this License Agreement or of the exclusive right of the Rightholder, the Rightholder is entitled unilaterally to refuse to perform this License Agreement without court procedure (recall the License (without reimbursing the End User for any possible losses. In this case, the End User is obliged immediately to stop using the Software and to destroy (to erase irretrievably) the Installed Software.

14. Other conditions

14.1. In case any part of this License Agreement is found to have lost legal force or is ruled invalid, the remaining parts of the License Agreement preserve their force in full.

14.2. For all questions related to this License Agreement you can contact the Rightholder using the contact information on the Rightholder’s website: https://ncloudtech.ru/contact.html.