License Agreement for the use of MyOffice Standard. Home Edition

Date of last revision: January 31, 2021.

This License Agreement (hereinafter, the “License Agreement”) establishes the conditions for using the Home Edition of the “MyOffice Standard” computer software (hereinafter — “Software”) and is concluded between You 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 shall not be entitled to use the Software for any purpose or in any manner.

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

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

You — the individual that uses the Software;

Software Distribution Package — is a set of files adapted for distribution of the Software, including auxiliary tools for automatic or automated installation and initial configuration of the Software on a Computer;

License — the right to the use (simple non-exclusive license) of the Software made available to you in accordance with the terms of this License Agreement;

Installation – recording (reproduction) of the Software onto a Computer, performed by the Manufacturer using the Software Distribution Package, or recording (reproduction) of the Software onto a Computer, performed by You using the Software Distribution Package obtained from the App Store or obtained from the Internet web page of the Rightholder and/or the authorized partner of the Rightholder;

App Store — an Internet web page that has uploaded the Software Distribution Package legally and with the permission of the Rightholder for download by the user for use on a Computer;

Computer — a technical device belonging to You or used by You, performing automated data processing in accordance with a specific program, 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 — the manufacturer/producer of Computers, or the individual that builds them;

Preinstalled Software – Software previously installed on the Computer by the Manufacturer;

Certificate of Authenticity — is a sticker on the case of the Computer that confirms your right to use the Software.

1. General Provisions

1.1. This License Agreement comes into force from the moment You start using the Software in any way, or when You signify your agreement to conclude a License Agreement when you first launch the Software by putting a mark of agreement (tick) in the special field opposite the phrase «I agree with the terms of the license agreement» or when you download the Software Distribution Package from the App Store or from the Internet web page of the Rightholder and/or the authorized partner of the Rightholder.

1.2. For the purposes of this License Agreement, the Home version of the computer program “MyOffice Standard” (also referred to as “MyOffice Standard. Home Edition” and/or “MyOffice Standard. Home” and/or “MyOffice Home”) means the computer program “MyOffice Standard”, which has a special set of functions specified on the follow Internet web page https://myoffice.ru/products/standard-home-edition, and which is provided to You for use as Preinstalled Software on a Computer that has a Certificate of Authenticity exclusively for Your home use of the Software for the period specified in this License Agreement, or which is provided to You for use when you download the Software Distribution Package from the App Store, or from the Internet web page of the Rightholder and/or the authorized partner of the Rightholder, exclusively for Your home use of the Software for the period specified in this License Agreement. The Software includes the home edition of the text editor “MyOffice Text” and the home edition of the spreadsheet editor “MyOffice Spreadsheet”.

1.3 The Software is provided to you solely for non-commercial, home use, i.e. exclusively for personal, family, home, household and other similar needs that are not related to business, government or other similar activities. It is prohibited to use the Software should You or other third parties perform any type of commercial activity, for business purposes in the sphere of state, municipal, commercial and/or public bodies and organizations, institutions, enterprises, for the purpose of performing business activities by You or other third parties in any form (individual entrepreneur, self-employed, etc.), as well as for other activities that are not related to the home use of the Software.

1.4. In the event that You use the Preinstalled Software under this License Agreement, You are granted the non-transferable right to use the Preinstalled Software by running it on a Computer under the following conditions: One (1) Preinstalled Software License allows you to use the Preinstalled Software only on the Computer on which the Preinstalled Software was first Installed by the Manufacturer, and only by one user of the Software at a time. In the event that you use the Software, the Distribution Package of which was legally downloaded by you from the App Store, or downloaded from the Internet web page of the Rightholder and/or the authorized partner of the Rightholder, this License Agreement grants You the non-transferable right to use the Software by running it on a Computer under the following conditions: One (1) Preinstalled Software License allows you to use the Preinstalled Software only on the Computer on which the Preinstalled Software was first installed by You using the Software Distribution Package that you downloaded from the App Store or downloaded from the Internet web page of the Rightholder and/or the authorized partner of the Rightholder.

1.5. This license is granted for the period of the validity that the Rightholder has the rights to the Software or for another period additionally determined by the Rightholder unilaterally.

1.6. You have the right to transfer to a third party the Preinstalled Software on the Computer only together with the Computer and the Certificate of Authenticity on the Computer case. You may not install the Preinstalled Software on another Computer, which includes the event that the Computer is no longer in use or is out of order.

1.7. All components of the Computer can be replaced while maintaining the validity of the License for the Preinstalled Software, except for components whose replacement leads to a change in the unique apparatus identifier of the Computer (motherboard ID, BIOS ID, etc.). If a component of the Computer that changes the unique apparatus identifier of the Computer is replaced, the License for the Preinstalled Software will expire, unless such component is replaced with an identical one under warranty.

1.8. 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_home_edition_en and comes into force on the date of its publication if not stated otherwise in the respective publication. You are obliged to use the Software in accordance with the current (present) License Agreement published on the Internet page of the Rightholder.

2. Restrictions on use

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

2.1.1. 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;

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

2.1.3. to fix bugs in the Software;

2.1.4. 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;

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

2.1.6. 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;

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

2.2. You are prohibited from providing simultaneous access to the Software to multiple individuals, or using virtualization technologies.

2.3. The absence of a Certificate of Authenticity on the computer case makes the use of the Preinstalled Software unlawful.

2.4. For violation of the intellectual property rights to the Software, You bear civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

3. Limitation of Liability

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

3.2. By signing this License Agreement, You confirm that you solely bear the risk of any consequences caused by bugs or other malfunctions in the functioning of the Software. The Rightholder is not obliged to provide You with technical support, maintenance and software updates. The Rightholder reserves the right to take any action to limit or stop Your use of the Software. The Rightholder is not obliged to provide You with a copy of the commercial version of the Software, nor is it obliged to make the Software available for commercial use by You. The Rightholder does not guarantee that any specific bugs or inconsistencies in the Software will be fixed. You guarantee that you have previously taken all necessary security measures to protect the data stored in the Computer’s memory, and that you will act with caution and in no way rely on the faultless functioning or operation of the Software.

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

3.4. Under no circumstances does the Rightholder bear liability to You 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.

3.5. The software is not fail-proof.

3.6. 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.

4. Intellectual property rights

4.1. Except for rights of use directly stipulated by this License Agreement, You are 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). You do not have the right during the period of validity of the License Agreement or after the date of 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.

4.2. You do 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.

4.3. Individual components of the Software may contain links and the inclusion of materials and software distributed under a free license. In these cases, the Rightholder does not claim to be the creator and, as far as possible, makes a footnote pertaining to the ownership of the copyright and the location of the license agreement for such software.

5. Confidentiality

5.1. All data on the use of the Software provided by You in accordance with this License Agreement is stored and processed in accordance with the Privacy Policy, which can be found at https://myoffice.ru/policy_home_en.

5.2. You hereby agree to provide, if necessary, your personal data (which includes your name, address, email address, telephone number) and agree that your personal data may be processed (which includes without limitation the collection and/or other use) by the Rightholder upon the condition that the confidentiality of the personal data is ensured in accordance with the Privacy Policy of the Rightholder.

6. Applicable Law

6.1. The relations between the Rightholder, as one party, and You, as the second party, are governed by the legislation of the Russian Federation.

7. Right to withdraw from the License Agreement

7.1. The Rightholder is entitled unilaterally to refuse to perform this License Agreement without court procedure (recall the License) without reimbursing You for any possible losses. In this case, You are obliged immediately to stop using the Software and to destroy (to erase irretrievably) the Installed Software.

8. Miscellaneous

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

8.2. 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. In case of any discrepancies between Russian and English texts of the License Agreement the Russian text shall prevail.