END USER LICENSE AGREEMENT

Date of last revision: February 8, 2023

This End User License Agreement (“License Agreement”) sets forth the terms and conditions for using the following software: MyOffice Standard, MyOffice Private Cloud, MyOffice Secure Cloud, MyOffice Professional, MyOffice Mail, MyOffice Storage, MyOffice Text, MyOffice Spreadsheet, MyOffice Enterprise Security Suite, Mailion, Squadus and their updates (collectively and individually, the “Software”), and is concluded between the End User and New Cloud Technologies Ltd., which is the Rightholder of the Software.

Please read the following terms and conditions of the License Agreement carefully before using the Software. Whenever You use the Software, 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 Software for any purpose or in any manner.

The License Agreement provides for different terms and conditions of use depending on the Software Installed and the License Type purchased by You.

Capitalized terms and definitions in this License Agreement shall have the following meanings (irrespective of the number or case in which such terms and definitions are used):

“Software” means a computer program (as defined in Article 1261 of the Civil Code of the Russian Federation), the exclusive right to which belongs to the Rightholder.

“Client Software” means the Software designed for Installation on Devices to perform certain tasks and aimed at direct interaction with Software Users, including by means of special separate sessions (of the terminal server or VDI (Virtual Desktop Infrastructure)).

“Server Software” means the Software providing service functions and granting access to certain Software resources to Users of the Software and/or Users of the Service Provider's services.

“Software User” means a natural person who directly interacts with the Client Software and/or who uses access to the Server Software.

“Software User Account” means the set of data stored in the Software about a natural person, that is the Software User, which allows to perform authentication and authorization.

“Software Update” means modification of original Software which is the result of correction of errors and/or updating of the original Software which can contain new solutions, implementation of new requirements and new functions as a result of which separate (derived) results of intellectual property are created that are inseparably linked to the original Software.

“Software Installer” means a set of files prepared for distribution of the Software which includes auxiliary tools for automatic or automated pre-installation and initial configuration of the Software.

“Rightholder” means New Cloud Technologies Ltd. (OGRN (Primary State Registration Number) 1147746237660), the holder of the exclusive right to the Software.

“You” or the “End User” means any person or entity under civil law who has legally obtained the right to use the Software (simple, non-exclusive license) for their own needs or for the purposes of providing Remote Access to the Software under the License for SP. Clauses 1.1, 1.2 and Sections 8–13 of this License Agreement also refer to End User as a person who is a User of the Software and/or a User of the Service Provider's services.

“Corporate End User” means any End User other than a natural person using the Software for private needs. In this case, for the purposes of this License Agreement, a sole proprietor and/or a person who uses a Self-Employment Tax special tax treatment shall be deemed to be a Corporate End User.

“License” means the right to use the Software (simple, non-exclusive license) granted in accordance with the terms and conditions of this License Agreement.

“License Type” means the Software licensing terms and conditions that provide for the use of the Software in a defined way and to the defined extent. The specifics of licensing the Software are set forth in separate sections of this License Agreement depending on the License Type. This License Agreement regulates the use of the following License Types (including but not limited to):

- Corporate License

- License for Service Provider (“License for SP”)

- Box Pack License

- OEM License

- License for Update

“Installation” means recording (reproduction) of the Software onto a Device, Computer or Server using the Software Installer and further Software startup.

“Installed” with regards to a Software means the Software whose installation has been completed.

“License Key” (“Registration Key”) means a set of digits, symbols and letters required to confirm the lawful use of the Software. Depending on the License Type, the process of entering the License Key may be automatic or may require Your involvement.

“Device” means a desktop or portable personal Computer or other similar device that functions as a PC and operates under the same operating system, or a virtual machine that emulates the behavior of a PC.

“Mobile Device” means a Smartphone or Tablet.

“Smartphone” means a mobile device with a screen size of up to 7 inches, running under a single mobile operating system and having the functionality of a Computer.

“Tablet” means a mobile device with screen size greater than 7 inches running under a single mobile operating system and having the functionality of a Computer.

“Mobile Application” means a computer program (including client applications) owned by the Rightholder and adapted for use on the Mobile Device.

“Remote Access” means access to the functions of the Software via the Internet or Local Area Network that displays and runs the Software or otherwise provides interaction with the Software, either directly or indirectly, but excludes direct reproduction (Installation) of the Software on the Device being used for Remote Access.

“Server” means physical or virtual server owned or operated by You enabled for internal storage that allows You to reproduce the Server Software, that is to record it on electronic media associated with a server, including its memory.

“Service Provider” means the End User providing Remote Access services to the Software under the License for SP.

“Service Provider User” means a person to whom a Service Provider legally (including contractually) provides or may provide Remote Access to the Software by creating an Active Account for a Service Provider User. If Remote Access to the Software is provided to a legal entity or a sole proprietor, each particular employee of such entity shall also be deemed to be a Service Provider User. If a Service Provider User obtains from the Service Provider the option to install the Client Software in accordance with Clause 4.10 hereof, that User shall be deemed to be a User of the Software for the purposes of this License Agreement as well.

“Account of a Service Provider User” means a set of data contained in the Software or on the Server about the Service-Provider User, a natural person necessary for his/her authentication in order to determine whether such Service Provider User is entitled to get a Remote Access to the Software.

“Active Account of a Service Provider User” means the status of the Account of a Service Provider User which allows the Service Provider User, after successfully completing the authentication and authorization procedures, to use the Software via Remote Access.

“Computer” means a technical device owned and/or used by You that automatically processes data in accordance with a particular program (or a group of interrelated or related devices, one or more of which processes such data), an instance of which can be identified by a unique hardware identifier (motherboard ID, BIOS ID, etc.) assigned by the manufacturer of such device or by a set of such identifiers.

“Manufacturer” means a producer/manufacturer of Computers or the person/entity which assembles them.

“Pre-Installed Software” means the Software Installed on the Computer by the Manufacturer.

“Certificate of Authenticity” means a label on the Computer or tangible media containing the Software Installer that confirms Your right to use the Software.

“Agreement Granting Right of Use” means a license agreement providing right of use the Software concluded between the End User and the Rightholder or sublicense agreement providing the rights to use Software concluded between the End User and the person authorized to conclude such a sub-license agreement.

“Software Upgrade” means the purchase by an End User of a new Corporate License for the Software with greater features and the expiration of the current Corporate License used by the End User. The Software Upgrade shall be permitted only in the cases specified by the Rightholder only.

1.General Provisions

1.1 This License Agreement shall become effective upon the End User installing or otherwise using the Software or agreeing to the License Agreement by clicking the “Accept” or «Принять» button followed by Installation of the Software. This License Agreement shall also apply if the right to use the Software is granted to the End User for testing and/or trial purposes, including without entering into a separate License Agreement (Testing and/or Trial License). In this case, the End User shall be subject to the relevant provisions of this License Agreement regarding the License Types, depending on the order and extent of Software usage by the End User during testing/trial operations.

1.2. 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_en/ and shall become effective as of the date of its publication if not stated otherwise in the respective publication. The End User shall use the Software in accordance with the current (up-to-date) License Agreement published on the aforementioned web page.

1.3. The Software may include digital documentation and other components used along 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 Agreement Granting Right of Use, unless otherwise stipulated in the terms and conditions of this License Agreement.

1.5. The License Type applicable, License validity period, number of the Licenses, and other terms and conditions required are set forth in the Agreement Granting Right of Use (if any) or similar document certifying that the License has been granted, unless otherwise provided for herein. In case of any discrepancies in the contents of this License Agreement and the Agreement Granting Right of Use, the text of this License Agreement shall prevail, unless otherwise explicitly provided for herein or any other agreement entered into with the Rightholder.

1.6. If the terms and conditions of use of a specific Software are governed by a separate license agreement with the Rightholder, the terms and conditions of the separate license agreement shall prevail over this License Agreement.

1.7. The Software may include Client Software, Server Software, or both Client Software and Server Software.

1.8. Software that consists only of Client Software includes the following software: MyOffice Standard, MyOffice Text, MyOffice Spreadsheet.

1.9. Software that consists only of Server Software includes the following Software: MyOffice Private Cloud, MyOffice Secure Cloud, MyOffice Enterprise Security Suite.

1.10. Software that consists of Client Software and Server Software includes the following Software: MyOffice Mail, MyOffice Professional, MyOffice Storage, Mailion, Squadus.

1.11. If You purchase a License for a Software that has a valid certificate of conformity issued by Federal Service for Technical and Export Control of Russia (the FSTEC), the specified Software will comply with information security requirements for the validity term of such certificate. The Rightholder does not guarantee to You that upon expiration of the validity term of the FSTEC certificate of conformity for the Software, the Rightholder will extend this certificate for a new term or obtain a new FSTEC certificate. At the same time, the Rightholder shall inform the End Users in advance (no later than 6 months before the expiration of the FSTEC certificate validity term) about the decision of the Rightholder to extend/not extend the validity term of the relevant FSTEC certificate or about the intention to obtain a new FSTEC certificate for the Software. The relevant information is posted on the Rightholder’s website. The expiry of the FSTEC certificate does not result in expiration of the Software License.

1.12. If the Software License with a valid FSTEC certificate is provided together with the handover of an installation kit that includes a DVD with the Software Installer and the documentation set, You shall not hand over such installation kit (in whole or in part) to third parties without sending prior written notice of such handover to the Rightholder.

1.13. The Rightholder and/or its authorized persons are entitled to audit the actual number of the Software Users, the Licenses for which have been distributed to the Corporate End User. For purposes of auditing the actual number of the Software Users, the Corporate End User shall maintain complete and continuous records of the use of the Software and the number of Software Users. If the Corporate End User, with the consent of the Rightholder, transfers all or part of the Software Licenses to affiliates and other third parties, the Corporate End User shall also ensure that such records are kept by such parties. The Corporate End User shall, at the request of the Rightholder and/or its authorized persons, provide information on the use of the Software and the number of Software Users both for the Corporate End User and for affiliates, and third parties to which the Corporate End User has transferred the Software Licenses with the consent of the Rightholder. In the event of such a request, the Corporate End User shall provide the required information within ten (10) business days from the date of its receipt. The Rightholder and/or its authorized persons are also entitled to conduct on-site inspections of the use of the Software and of the actual number of the Software Users. The Corporate End User shall provide access for representatives of the Rightholder and/or its authorized persons to conduct such on-site inspections in its offices, as well as in the offices of affiliates and other third parties using the Software, the Licenses for which have been transferred to the Corporate End User. If the Rightholder and/or its authorized persons request such an on-site inspection, the Corporate End User shall, within ten (10) business days from the date of such request, arrange for such inspection, including by providing the Rightholder and/or its authorized persons with direct access to the required information and technical devices. A breach by the Corporate End User of any of the obligations relating to auditing the actual number of the Software Users shall constitute a material breach of the terms and conditions of this License Agreement.

1.14. The provisions of this License Agreement governing the use of certain Software shall also apply to all versions of the relevant Software, including such versions that may be developed after the effective date of this License Agreement. The appropriate Software version may be specified by the Rightholder by indicating the appropriate Arabic number or digits after the name of the corresponding Software (for example, MyOffice Standard 2, MyOffice Standard 2.0). The provisions of this Clause shall also apply if the relevant Software has an alternative name (designated, for example, by indicating a corresponding Arabic number or digits after the name of the relevant Software), including in a foreign language (for example, «МойОфис Профессиональный»).

1.15. The terms and conditions of use of Mobile Applications, as well as of certain computer programs, not mentioned in paragraph 1 of this License Agreement, the exclusive right to which belongs to the Rightholder, may be determined by separate license agreements with the Rightholder (for example, the terms and conditions of use of MyOffice Plus software are governed by a separate license agreement with the Rightholder which you can find at https://myoffice.ru/eula_plus_en/). Clause 1.15 of this License Agreement shall apply from the effective date of a separate license agreement with the Rightholder regulating the use of the respective Mobile Application, as well as of a separate software, and separate computer programs not mentioned in paragraph 1 hereof, the exclusive right to which belongs to the Rightholder.

1.16. If the Corporate End User purchases an extended or premium License for the Software, such Corporate End User shall be provided with the appropriate level of technical support for the Software (extended or premium). The Corporate End User is provided with an appropriate level of technical support for the Software within the License validity term of the right to receive updates (in case of purchasing an Extended or Premium License with no expiration date), or within the License validity term (in case of purchasing an Extended or Premium Fixed-Term License), or within the validity term of the License for Update (in case of purchasing an Extended or Premium License for Update), or for any other term specified in the Agreement Granting Right of Use. More detailed information about the levels of technical support is available at https://support.myoffice.ru/techsupport/.

1.17. If the End User has been legally granted the right to sublicense the Software to third parties (the “Sublicensees”), such End User shall sublicense the Software under the following terms and conditions:

1.17.1. The End User shall be entitled to grant Licenses to Sublicensees only to the amount of such End User's existing (valid) Licenses.

1.17.2. Once the End User transfers a certain number of Licenses to the Sublicensee, such End User is not entitled to use this (transferred) number of Licenses in any way (manner).

1.17.3. If, after the transfer of a certain number of Licenses by the End User to the Sublicensee, the Sublicensee stops using this (transferred) number of Licenses in whole or in part for any reason (except for the termination of use of the Licenses due to their lawful transfer by such Sublicensee by way of sublicensing to other third parties) before the expiration of such Licenses, the End User regains the right to use the corresponding number of Licenses that have been terminated by the Sublicensee in accordance with the present Clause 1.17.3 of this License Agreement.

1.17.4. If more than one (1) Software User is allowed to use the Software under the one (1) User License granted to You (the “Maximum Number of Software Users”), the aggregate number of the Software Users at the End User and its Sublicensee may not exceed the Maximum Number of Users under further sublicensing. 

1.17.5. If, under one (1) License per Device, You are entitled to use the Software on more than one (1) Device (the “Maximum Number of Devices”), the aggregate number of End User and Sublicensee Devices on which the Software may be installed simultaneously may not exceed the Maximum Number of Devices under further sublicensing.

1.18. The Sublicense Agreements entered into by the End User in violation of Clauses 1.17.1–1.17.5 of this License Agreement shall be deemed to have been entered into without the consent of the Rightholder and shall have no legal effect from the time they are entered into.

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. A Corporate License Per Device is provided for the Software which consists only of the Client Software.

2.3. If You purchase the Corporate License Per Device, the Rightholder grants You a non-transferable right to use the corresponding Client Software under the following conditions:

2.3.1. One (1) Corporate License Per Device for MyOffice Standard Client Software allows You to Install the given Client Software on one (1) of Your Devices for use by any Software User unless otherwise stipulated in the Agreement Granting Right of Use.

2.3.2. One (1) Corporate License Per Device for MyOffice Text Client Software allows You to Install the given Client Software on one (1) of Your Devices for use by any Software User unless otherwise stipulated in the Agreement Granting Right of Use.

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

2.4. The Corporate License Per Device prohibits You from allowing multiple natural persons to simultaneously use the Client Software on one (1) Device, including via Remote Access, unless otherwise provided for in the Agreement Granting Right of Use.

2.5. The Corporate License Per Device allows You to replace the Device on which the Client Software was Installed provided that You completely uninstall the Client Software from the original Device, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6. If You purchase the Corporate License Per User, the Rightholder grants You a non-transferable right to use the Software under the following conditions:

2.6.1. One (1) Corporate License Per User for MyOffice Standard Client Software allows You to Install the given Client Software on up to five (5) Devices for use by one (1) Software User, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.2. One (1) Corporate License Per User for MyOffice Text Client Software allows You to Install the given Client Software on up to five (5) Devices for use by one (1) Software User, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.3. One (1) Corporate License Per User for MyOffice Spreadsheet Client Software allows You to Install the given Client Software on up to five (5) Devices for use by one (1) Software User, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.4. One (1) Corporate License Per User for MyOffice Private Cloud Server Software allows You to Install the given Server Software on the number of Servers required to You, to provide one (1) Software User with the possibility to connect to the Installed Server Software via the Software User Account via a browser to connect to the Installed Server Software the Client Software lawfully used by such User on no more than five (5) Devices for use by one (1) Software User, and to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.5. One (1) Corporate License Per User for MyOffice Storage Software allows You to Install the Server Software which is part of the MyOffice Storage Software on the number of Servers required to You, to Install the Client Software which is part of MyOffice Storage Software on up to five (5) Devices for use by one (1) Software User, to provide the Software User with the possibility to connect to the Installed Server Software via the Software User Account using a browser, and to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.6. One (1) Corporate License Per User for MyOffice Mail Software allows You to Install the Server Software which is part of MyOffice Mail Software on the number of Servers required to You, to Install the Client Software which is part of the MyOffice Mail Software up to five (5) Devices for use by one (1) Software User, to provide the Software User with the possibility to connect to the Installed Server Software via a browser, connect the Client Software included in the MyOffice Mail Software, lawfully used by such User to the Installed Server Software on up to five (5) devices for their use by one (1) Software User; to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.7. One (1) Corporate License Per User for MyOffice Professional Software allows You to Install the Server Software which is part of MyOffice Professional Software on the number of Servers required to You, to Install the Client Software which is part of the MyOffice Professional Software up to five (5) Devices for use by one (1) Software User, to provide the Software User with the possibility to connect to the Installed Server Software via a browser, connect the Client Software lawfully used by such User to the Installed Server Software on up to five (5) devices for their use by one (1) Software User; to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.8. One (1) Corporate License Per User for MyOffice Enterprise Security Suite Server Software allows You to Install such Server Software on the number of Servers required to You and configure security policies for one (1) Software User. The use of MyOffice Enterprise Security Suite Server Software under Corporate License Per User shall be authorized only if You have purchased Licenses for MyOffice Enterprise Security Suite Server Software for all the Software Users entitled to connect to MyOffice Private Cloud Server Software, 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. One (1) Corporate License per User for MyOffice Secure Cloud Server Software allows You to Install the given Server Software on the number of Servers required to You, to provide one (1) Software User with the possibility to connect to the Installed Server Software via the Software User Account using a browser and to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.10. One (1) Corporate License Per User for Mailion Software allows You to Install the Server Software which is part of Mailion Software on the number of Servers required to You, to Install the Client Software which is part of the Mailion Software up to five (5) Devices for use by one (1) Software User, to provide the Software User with the possibility to connect to the Installed Server Software via the Software User Account using a browser, connect to the Installed Server Software the Client Software included in the Mailion Software that such User is legally using, on up to five (5) Devices for use by one (1) Software User, and to Install the Client Software included in MyOffice Mail Software on up to five (5) devices for their use by one (1) Software User, and to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.6.11. One (1) Corporate License Per User for Squadus Software allows You to Install the Server Software which is part of Squadus Software on the number of Servers required to You, to Install the Client Software which is part of Squadus Software up to five (5) Devices for use by one (1) Software User, to provide the Software User with the possibility to connect to the Installed Server Software via the Software User Account using a browser and to Install the Client Software included in Squadus Software on up to five (5) devices for their use by one (1) Software User; to connect Mobile Applications to the Installed Server Software (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones for use via the Software User Account, unless otherwise stipulated in the Agreement Granting Right of Use.

2.7. The installation of the MyOffice Enterprise Security Suite Server Software shall be made on the same Servers that host the Installed MyOffice Private Cloud Server Software, or the Server Software which is part of MyOffice Professional Software, or the Server Software which is part of MyOffice Mail Software, or the Server Software included in MyOffice Storage, without interaction with which the MyOffice Enterprise Security Suite Server Software is unable to be used for its intended purpose.

2.8. The Corporate License Per User prohibits You from connecting several natural persons to the Server Software under one (1) Software User Account or allow several natural persons to use the Client Software, including via Remote Access, under one (1) Software User Account, unless otherwise provided for in the Agreement Granting the Right of Use.

2.9. The Corporate License is granted for one (1) year, unless another term is stipulated in the Agreement Granting Right of Use.

2.10. By purchasing a Corporate License, You are entitled to get Software Updates, including new versions of the Software for a period of one (1) year, unless otherwise stipulated in the Agreement Granting Right of Use.

2.11. In cases determined by the Rightholder, if You are entitled to receive Software Updates, You have the right to Upgrade the Software used under the Corporate License without term limit by purchasing the corresponding Corporate License without term limit, which provides for upgrading to the Software with greater functionality. In such event, this License Agreement with respect to the superseded Software shall expire, Your use of the superseded Software shall be no longer authorized, and You shall immediately stop all use of the superseded Software and uninstall all Installed copies thereof.

2.12. Creation of multiple Accounts for one (1) Software User shall be permitted only if the End User has an appropriate number of valid Licenses per User equal to the number of such Accounts created for one (1) Software User. Otherwise may be stipulated in the Agreement Granting Right of Use.

3. Box Pack License

3.1. Box Pack License is granted only for MyOffice Standard Client Software.

3.2. Under the Box Pack License, the Rightholder grants You a non-transferable right to use the Client Software under the following terms and conditions: one (1) Box Pack License for MyOffice Standard Client Software allows You to Install the given Client Software on one (1) of Your Devices and to use (including via Remote Access) the Installed Client Software only on one (1) Device, or, if You are a Corporate End User, to give the possibility to use the Client Software Installed on Your Device (including via Remote Access) simultaneously to only one (1) Software User.

3.3. The Box Pack License sets forth the terms and conditions for use of the Client Software resulting from the sale of tangible media with the Software Installer or resulting from downloading the Software Installer from a website where the Rightholder or its authorized person legally made the Client Software available for Installation.

3.4. You are entitled to replace the Device on which the Client Software has been installed provided that You have completely uninstalled the Client Software from the original Device. You are entitled to replace the Device on which the Installation of the Client Software was made no earlier than ninety (90) calendar days from the date of Installation of the Client Software on the original Device or from the day of the previous replacement of Device (in case of a repeated replacement). If the Device stops functioning, You are entitled to replace the Device before the expiration of the ninety (90) calendar days from the date of Installation of the Client Software on the original Device or from the date of the previous replacement of the Device (in case of a repeated replacement).

3.5. The tangible media containing the Software Installer may be transferred to another person provided that the following set of conditions is met:

(a) You are entitled to use Box Pack License.

(b) The new owner of the tangible media with Software Installer is obliged to accept the terms and conditions of this License Agreement.

(c) You shall provide the Certificate of Authenticity and the License Key along with the tangible media containing the Software Installer.

(d) If You hand over the tangible media containing the Software Installer to another person, You shall uninstall the Client Software from Your Device.

3.6. The Box Pack License is granted for the term of validity of exclusive rights to the Client Software.

3.7. The Certificate of Authenticity and the License Key confirm the rightful use of the Box Pack License.

3.8. The Box Pack License prohibits You from installing the Client Software on more than one Device simultaneously and/or from sharing the Client Software, including by allowing third parties to use the Remote Access to the Software.

4. License for Service Provider

4.1. The License for SP is provided for Software that includes only the Server Software or the Client Software and the Server Software at the same time. The License for SP is granted exclusively to Corporate End Users.

4.2. Under the License for SP, the Rightholder grants You a non-transferable right to use the Server Software within the Russian Federation (if no other territory is provided for in the License Agreement) by Installing the Server Software on the Servers in order to provide Remote Access to the Server Software by creating Active Accounts of a Service Provider User. The number of Active Accounts of a Service Provider User available for creation is defined in the Agreement Granting Right of Use.

4.3. A License for SP is granted for one (1) year, unless another term is stipulated in the Agreement Granting Right 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. Multiple (two or more) Service Provider Users are prohibited from simultaneously using Remote Access under the same Account of a Service Provider User.

4.5. When providing Remote Access to the Server Software, You shall ensure that all Service Provider Users respect the Rightholder's exclusive rights.

4.6. If the Rightholder has a reasonable basis to believe that any Service Provider User is violating the Rightholder's exclusive right to the Software or the terms and conditions of this License Agreement, You shall provide all necessary assistance to the Rightholder, including providing all necessary information about the violation upon the Rightholder's request.

4.7. The End User shall be liable (including by means of indemnification of losses incurred by the Rightholder) for any actions of the Service Provider Users which may result and/or lead to the violation of the exclusive rights of the Rightholder.

4.8. You shall, at the written request of the Rightholder, provide the Rightholder with reports on the use of the Server Software, including the number of Active Accounts of the Service Provider User.

4.9. If You purchase a License for SP, You are entitled to receive Software Updates, including new versions of the Software, within one (1) year from the date of purchase of the License for SP, unless otherwise stipulated in the Agreement Granting Right of Use.

4.10. If You are provided with a License to SP for the Software that includes both the Server Software and the Client Software, You are entitled to allow Service Provider Users to install the Client Software on the Devices of Service Provider Users, provided that the Client Software is installed on up to five (5) Devices for each Service Provider User. You are also entitled to provide the Service Provider Users with the option to connect Mobile Applications (if it is technically possible to connect the respective Mobile Application) with up to five (5) Tablets and five (5) Smartphones (for each Service Provider User) to the Server Software for use via the Accounts of Service Provider Users. Installation and use of Client Software by Service Provider Users are possible provided that Service Provider Users accept the terms and conditions of this License Agreement, and only for the duration of the time when Remote Access to the Server Software is provided to Service Provider Users.

5. OEM License

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

5.2. Under the OEM Lisence, the Rightholder grants You a non-transferable right to use the Pre-Installed Software by running the Pre-Installed Software on the Computer under the following terms and conditions: one (1) OEM License for MyOffice Standard Pre-Installed Software MyOffice Standard allows You to use (including via Remote Access) the Pre-Installed Software only on the Computer on which the Pre-Installed Software was first installed by the Manufacturer, or, if You are a Corporate End User, provide access to the Pre-Installed Software (including via Remote Access) to only one Software User at a time and only on the Computer on which the Manufacturer has first installed the Pre-Installed Software.

5.3. An OEM License sets forth the terms and conditions for using the Client Software resulting from the sale of Computers with Pre-Installed Software.

5.4. You are authorized to provide the Pre-Installed Software on the Computer to a third party only together with the Computer and the Certificate of Authenticity label on the Computer.

5.5. You are not permitted to proceed with Installation of the Pre-Installed Software on another Computer, including if the Computer is no longer in use or is malfunctioning.

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 prohibited from making the Pre-Installed Software available to multiple individuals at the same time, or from using any virtualization technology.

5.8. The absence of a Certificate of Authenticity label on the Computer makes the use of the Pre-Installed Software unauthorized.

5.9. The OEM License is granted for the period of validity of the exclusive right of the Rightholder to the Pre-Installed Software or for another period specified by the Rightholder.

6. License for Update

6.1. Within the License for Update, the Rightholder provides You with a non-transferable right to use the Software Updates by installing the Software Updates on Your Devices. One (1) License for Update allows You to install Software Updates with the respect to the Software which You were entitled to use within one (1) License.

6.2. During the validity term of the License for Update, the Righholder provides You with the possibility to get the Software Updates, including new versions of the Software, via the Internet.

6.3. The period of use of the Software Updates shall not exceed the term of the Software use.

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

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

6.6. You may purchase a License for Update no later than five (5) calendar days after the expiration date of the right to receive Updates (for the Corporate License only), or after the expiration date of the individual License for Update. Upon expiration of the specified term, a License for Update may be provided only if You have purchased a License for Update for the entire period in which You were not entitled to receive Updates, starting from the expiration of the right to receive Updates (for the Corporate License only), or from the expiration of an individual License for Update. You may only purchase a License for Update equal to the total number of License for Updates previously purchased by You for the Software that requires the Update, unless otherwise stipulated in the Agreement Granting Right of Use.

6.7. The Installed Update cannot be canceled and the Software cannot be rolled back, unless the Update is a new version of the Software You are using under a Corporate License, and You exercise Your right to cancel while You have a valid right to receive Updates or while the License for Update You have purchased is valid.

7. Possibility of Combination and Use of Different Licenses

7.1. If You simultaneously use the MyOffice Standard Client Software under the OEM License and MyOffice Professional Software, or MyOffice Private Cloud 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 Mail Software used under the Corporate License Per User via the Software User Accounts. At the same time, the terms of use of the ОЕМ License and the Corporate License per User shall remain unchanged and the total number of Users of the above Software and the Maximum Number of legally connected Devices per one (1) User may not be increased as a result of such connection. You may exercise the above right to connect to Your MyOffice Standard Client Software used under the OEM License only if the version of MyOffice Standard Client Software You have purchased under the OEM License and the version of MyOffice Professional or MyOffice Private Cloud, or MyOffice Mail Software You have purchased under the Corporate License are identical and are simultaneously updated.

7.2. If You simultaneously use the MyOffice Standard Client Software under the Box Pack License and MyOffice Professional Software, or MyOffice Private Cloud 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 Pack License and the above Corporate License Per User to provide Users with the ability to connect the MyOffice Standard Software used under the Box Pack License to the Server Software included in the MyOffice Professional Software or MyOffice Private Cloud Software, or MyOffice Mail Software used under the Corporate License Per User via the Software User Accounts. At the same time, the terms of use of the Box Pack License and the Corporate License per User shall remain unchanged and the total number of Users of the above Software and the Maximum Number of legally connected Devices per one (1) User may not be increased as a result of such connection. You may exercise the aforementioned right to connect to Your MyOffice Standard Client Software which You purchased under a Box Pack License only if the version of MyOffice Standard Client Software You purchased with a Box Pack License and the version of MyOffice Professional or MyOffice Private Cloud, or MyOffice Mail Software You purchased with a Corporate License are identical and are simultaneously updated.

7.3. If you simultaneously use the MyOffice Standard Client Software under the Corporate License and MyOffice Professional, MyOffice Private Cloud or MyOffice Mail under the Corporate License per User, You shall be entitled, while you have a valid right to receive Updates to the respective software MyOffice Standard and Updates to the respective software MyOffice Professional, MyOffice Private Cloud or MyOffice Mail, enable the Software Users to connect such MyOffice Standard Client Software to the server software included in MyOffice Professional, MyOffice Private Cloud or MyOffice Mail via the Software Users Accounts. At the same time, the terms of use of the Corporate License shall remain unchanged and the total number of Users of the above Software and the Maximum Number of legally connected Devices per one (1) User may not be increased as a result of such connection. You are entitled to exercise the above right to connect MyOffice Standard Client Software only if the version of the corresponding MyOffice Standard Client Software and the version of the corresponding MyOffice Professional or MyOffice Private Cloud or MyOffice Mail Software are identical and are simultaneously updated.

8. Restrictions on Use

8.1. Except for use by means and to the extent 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, deciphering 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 changes into the Software exclusively for the purpose of its functioning on the specific hardware used by the End User or when managed by specific programs of the End User).

8.1.3. to correct errors in the Software.

8.1.4. to reproduce, distribute, copy, bring the Software 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.

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 assign the rights granted to the End User by this License Agreement, and any other rights relating to the Software, to any other person, unless otherwise explicitly stipulated in 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, unless otherwise explicitly stipulated in this License Agreement.

8.1.7. 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 Software or inside the Software.

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

9. Limitation of Liability

9.1. The Software is licensed “as is”. The Rightholder does not provide any guaranties with respect to faultless and uninterrupted operation of the Software, the conformity of the Software to specific objectives and expectations of the End User, and also does not provide 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 shall 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 shall the Rightholder be liable to the End User and/or 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.

9.4. The Software is not fault-tolerant by default.

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. 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 under the legislation of the Russian Federation). The End User shall not, during the term of validity of this License Agreement or after its expiration, use or claim any rights to any name, trademark, 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 shall not be entitled to use the trademarks and service marks belonging to the Rightholder, including the trademarks МойОфис, Мэйлион, Сквадус, MyOffice, Mailion, Squadus, etc. without the prior written consent of the Rightholder.

10.3. Separate components of the Software 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.

10.4. If a 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 and conditions of such license. The Rightholder shall not restrict Your rights to receive this source text.

10.5. The Rightholder shall be entitled to use the Software at its own discretion in any manner not contrary to the law, including unilaterally making changes to the Software, changing the functionality of the Software (for example, by adding/removing the corresponding functions), changing the composition of the Software (for example, by adding and removing applications and/or modules included in the Software), creating new versions of the Software, and performing other actions related to ensuring the functioning of the Software. The End User agrees that any use of the Software by the Rightholder may not result in a material change in the circumstances on which the End User relied upon when entering into this License Agreement, nor may it result in damages or other unfavorable consequences for the End User.

11. Confidentiality

11.1. If You transfer any data to the Rightholder when using the Software, 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.

12. Applicable Law

12.1. 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.

13. Right to Refuse to Fulfill the License Agreement

13.1. If the End User violates the terms and conditions of this License Agreement or the exclusive right of the Rightholder, the Rightholder shall be entitled to unilaterally extrajudicially refuse to fulfill this License Agreement (revoke the License) without compensating the End User for any possible losses. In this case, the End User shall immediately stop using the Software and destroy (erase irretrievably) the Installed Software.

14. Miscellaneous

14.1. 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.

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://myoffice.ru/.

14.3. This text is the English translation of the original License Agreement written in Russian language which can be found on https://myoffice.ru/eula/. 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 Standard is an English literal translation of «МойОфис Стандартный».

MyOffice Private Cloud is an English literal translation of «МойОфис Частное Облако».

MyOffice Secure Cloud is an English literal translation of «МойОфис Защищенное облако».

MyOffice Professional is an English literal translation of «МойОфис Профессиональный».

MyOffice Mail is an English literal translation of «МойОфис Почта».

MyOffice Storage is an English literal translation of «МойОфис Хранилище».

MyOffice Text is an English literal translation of «МойОфис Текст».

MyOffice Spreadsheet is an English literal translation of «МойОфис Таблица».

MyOffice Plus is an English literal translation of «МойОфис Плюс».

MyOffice Enterprise Security Suite is an English literal translation of «Комплекс средств защиты платформы МойОфис».