Date of last revision: July 22, 2022.
This End User License Agreement (hereinafter referred to as the "License Agreement") establishes the conditions for using the following computer software: "MyOffice Standard. Home Edition Advanced" and its updates or upgrades (hereinafter “Software”), and is concluded between the End User and New Cloud Technologies Ltd., which is the Rightholder of exclusive rights to the Software.
Please read the following conditions of the License Agreement carefully before using the Software. Whenever you use the Software, you fully and unconditionally accept the terms 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.
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 or the case used):
"Software" means the totality of data and commands presented in objective form intended for operating a computer and other computer devices for the purpose of obtaining a specific result, including preparatory materials obtained in the course of development of the Software and the audiovisuals generated by the Software;
"Software Update" means modification of original Software made by the Rightholder 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 (derivative) 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 1147746237660), the exclusive owner of the Software;
"Partner of the Rightholder" means the legal entity to whom the Rightholder or their authorized representative have given the authority to execute sublicense agreements.
"You or End User" means any natural person with legal capacity who has received (purchased) the License solely for personal, family, household, everyday life and other needs not related to business activities, and not for the purpose of further distribution and/or further resale of the License to third parties.
"License" means the right of use the Software (simple, non-exclusive license) granted in accordance with the conditions of this License Agreement.
"Installation" means recording (reproduction) of the Software onto the Device and/or Computer using the Software Installer and further Software startup.
"Installed" means, with respect to Software and/or Software Updates, the Software and/or Software Updates for which the Installation has been completed.
"Device" means a stationary or portable personal computer or any other similar object belonging to the End User that functions as a personal computer and operates under a single operating system, or a virtual machine that emulates the behavior of a personal computer.
"Computer" means your technical device that automatically processes data in accordance with a particular program (or a group of interrelated or closely related devices, one or more of which processes such data), an example of which can be identified with the help of the unique hardware identifier (motherboard ID, BIOS ID, etc.) assigned by the manufacturer of such devices or using a set of such identifiers.
"Agreement Granting Rights of Use" means a license agreement providing rights 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 Partner of the Rightholder.
1. General Provisions
1.1. This License Agreement shall become effective upon End-User Customer installing or otherwise using the Software or agreeing to the License Agreement by pressing the “Accept” (“Принять” in Russian) button followed 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 at https://myoffice.ru/eula_home_edition_advanced_en/ shall become effective as of the date of its publication, unless otherwise specified in the relevant 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 Agreement Granting Rights of Use, unless otherwise stipulated in the conditions of this License Agreement.
1.5. Purchase of the License by the End User is carried out by downloading the Software Installer by the End User from the website where the Software is lawfully made available for installation by the Rightholder or a person duly authorized by the Rightholder.
1.6. The cost of the License and other conditions relating to the payment of the License shall be set by the Rightholder on the website of the Rightholder and/or its Partner or the Agreement Granting Rights of Use.
1.7. The provisions of this License Agreement governing the use of certain Software 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 Стандартный. Домашняя версия Расширенная»).
2.1. The License you have purchased grants you a non-transferable right to use the corresponding Software under the following terms and conditions:
2.1.1. The License grants you the right to install the corresponding Software on one (1) of your Devices and to use the Installed Software only on one (1) Device, unless otherwise provided for in the Agreement Granting Rights of Use.
2.1.2. You are entitled to replace the Device on which the Software has been installed provided that you have completely uninstalled the Software from the original Device. You are entitled to replace the Device on which the Installation of the Software was made no earlier than 90 calendar days from the date of Installation of the 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 Software on the original Device or from the date of the previous replacement of the Device (in case of a subsequent replacement).
2.1.3. The license is granted for the duration of the Rightholder's exclusive right to the Software, unless otherwise provided for in the Agreement Granting Rights of Use.
2.1.4. By purchasing the License, you are granted the right to receive Updates to the Software under the terms and conditions provided for herein.
2.1.5. The License prohibits you from installing the Software on more than one Device simultaneously and/or from sharing the Software, including by allowing third parties to remotely access the Software.
3. Terms and Conditions for Receiving Software Updates
3.1. As part of the License, you are entitled to receive Updates to the Software.
3.2. The option to receive Software Updates is implemented via the Internet.
3.3. The terms of development and release of Updates to the Software are determined by the Rightholder at its sole discretion.
3.4. The term of use of Updates to the Software shall not exceed the term of the License.
3.5. 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.
3.6. The Installed Update cannot be discarded and the Software cannot be restored to its previous state.
3.7. In the remaining cases, the order of use of Updates of the Software is the same as the order of use of the Software as provided for herein.
4. Restrictions on Use
4.1. 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:
4.1.1. 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.
4.1.2. to modify and adapt the Software (including to introduce into the Software changes 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).
4.1.3. to correct errors in the Software.
4.1.4. 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, regardless of the objectives of such use.
4.1.5. 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 directly stipulated by this License Agreement.
4.1.6. 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.
4.1.7. to delete, change or make hard to detect any notification about copyrights or the rights to trade marks which are indicated in the associated documentation to the Software or inside the Software.
4.2. 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.
5. Limitation of Liability
5.1. 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 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.
5.2. 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.
5.3. 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.
5.4. The Software is not fault-tolerant.
5.5. In case of established guilt in the actions of the Rightholder, the liability of the Rightholder under any circumstances in accordance with Article 15 of the Civil Code of the Russian Federation is limited to ten thousand rubles.
6. Intellectual Property Rights
6.1. 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.
6.2. The End User shall not be entitled to use the trademarks and service marks belonging to the Rightholder, including the trademarks МойОфис, MyOffice, and Mailion without the prior written permission of the Rightholder.
6.3. 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 to the copyright ownership and location of the License Agreement covering such Software.
6.4. 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 shall not restrict your rights to receive this source text.
8. Applicable Law
8.1. The relations between the Rightholder of the first part and the End User of the second part are governed by the legislation of the Russian Federation.
9. Right to Refuse to Fulfill the License Agreement
9.1. If the End User violates the terms 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 is obliged immediately to stop using the Software and to destroy (to erase irretrievably) the Installed Software.
10.1. In the event that any part of this License Agreement is held invalid or void, the remainder of the License Agreement shall remain in full force and effect.
10.2. For all questions related to this License Agreement you can contact the Rightholder using the contact information on the Rightholder’s website at https://ncloudtech.ru/contact.html.
10.3. This License Agreement is the English translation of the original license agreement written in Russian language which can be found on https://myoffice.ru/eula_home_edition_advanced/. In case of any discrepancies between Russian and English texts of the License Agreement the Russian text shall prevail.