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MyOffice Mobile Application
End User License Agreement

Date of last revision: March 01, 2019 
 

This License Agreement (hereinafter, the “License Agreement”) set out terms and conditions for using MyOffice Docs, MyOffice Mail and MyOffice Logos mobile applications (hereinafter jointly referred to as the “Mobile Applications,” and separately – the “Mobile Application”) and is executed using the simplified procedure between yourself and NEW CLOUD TECHNOLOGIES LTD. as the holder of the exclusive right in and to the Mobile Applications.

 

Prior to using the Mobile Applications, please, make yourself acquainted with the terms and conditions of the following License Agreement. Your using the Mobile Applications indicates your complete and unconditional acceptance of the terms and conditions hereof.

 

If you do not accept the terms and conditions of this License Agreement in full, you arel not entitled to use the Mobile Applications in any way and for whatever purpose.

 

1) DEFINITIONS

‘Rightholder’ — NEW CLOUD TECHNOLOGIES LTD. (OGRN 1147746237660);

‘Yourself,’ ‘User’ – any individual who directly is making an Installation of the Mobile Application on any Mobile Device or who is using a previously downloaded Mobile Application as a result of such Installation;

‘Mobile Applications’ — a mobile application of MyOffice Mobile products to be used in Mobile Devices running mobile operating systems;

‘Mobile Device’ — a smartphone or a tablet device complying with the technical requirements for running the Mobile Application is which is published in the relevant Mobile Application Shop;

‘Mobile Application Shops’ — Internet shops allowing you to install Mobile Applications in your Mobile Device;

‘Installation’ — the procedure of registering 1 (one) copy of the Mobile Application from the Mobile Application Shop authorized by yourself in 1 (one) of your Mobile Devices;

‘Updates’ — Mobile Applications modifications appearing as a result of any error corrections in and/or updating of Mobile Applications which may contain new solutions, implementation of new requirements and new functionalities, which result in development of independent (derivative) intellectual deliverables inseparably linked with source Mobile Applications;

‘End User License’ — the right to use (under a nonexclusive license) the Mobile Application, including the right to Install the Mobile Application and its further functional use, granted to you according to the terms and conditions hereof.

2) GENERAL PROVISIONS

2.1. This License Agreement becomes effective upon your installation of the Mobile Application or use of the Mobile Application in any way, or by expression of agreement to execute the License Agreement by selecting the clause ‘I accept the terms and conditions of the License Agreement’ followed by clicking on the ‘Next’ or ‘Accept’ button.

2.2. According to the terms and conditions hereof, the Rightholder grants you a License to use the Mobile Application in any territory throughout the term hereof. This License Agreement replaces any non-exclusive licenses for using the Mobile Application and any other terms and conditions offered to you by the Mobile Applications Shop, in which case the Mobile Applications Shops can establish obligatory terms and conditions for Mobile Application use by Yourself.

2.3. Any proprietary rights in and to the Mobile Applications, including their design, interface and other components belong to the Rightholder and are protected by Russian laws and regulations.

2.4. Separate components of the Mobile Applications may contain references and enclosures of materials and software distributed under free licensing, in which case the Rightholder shall have no copyright claims and, whenever possible, shall refer to copyrights and location of the License Agreement for such software.

3) RESTRICTIONS ON USE

3.1. Except any use in the ways and scope directly stipulated by this License Agreement or by Russian laws and regulations, you shall not be entitled to use the Mobile Applications, including to:

— study, research or test Mobile Applications functioning for deriving source ideas and principles of any element of the Mobile Applications, decompile, decode or in any way derive any source text;

— modify and adapt the Mobile Applications (including any modifications to the Mobile Applications for the exclusive purpose of its functioning on your specific Mobile Devices or under control of your specific programs);

— correct errors of the Mobile Applications;

— reproduce, distribute, copy, make the Mobile Applications public in any form and manner unless expressly stipulated by this License Agreement, including together with other programs, as part of software packages, offering other programs, settings and other products, whatever the reason for use may be;

— lease and assign for temporary use (including by way of a Mobile Device transfer with installed Mobile Applications), sublicense, assign rights granted to you hereunder, and any other rights related to the Mobile Applications, to any third party, unless directly provided herein;

— remove, alter or make barely visible any notice of copyright or trademark rights stated in accompanying documents to the Mobile Applications or inside the Mobile Applications.

3.2. The exclusive right in and to the trademarks ‘МойОфис’, ‘MyOffice’, ‘МоиДокументы’, ‘MyMail’ and ‘МояПочта’ belong to the Rightholder. In no event shall any contents hereof be interpreted as directy or indirectly granting a license or the right to use trademarks, logos and service marks contained herein. Any unauthorized use of trademarks, logos and service marks owned by the Rightholder without written consent of the Rightholder is strictly forbidden.

4) CONTENTS

4.1. The Mobile Applications allow certain actions with your data. These data constitute your Contents. The Rightholder does not claim any rights to your Contents.

4.2. By giving access to your Contents in the Mobile Application Interface to anyone you agree that the person acquiring such access is entitled (depending on the access granted) to use, modify, delete and send on the Contents. Unless you agree to the above, avoid granting access to your Contents to any third party.

4.3. The Rightholder does not validate, control or bear any liability for your Contents. However, if the Rightholder learns that your Contents or its use fail to comply with the applicable Russian laws and regulations, the Rightholder reserves the right to take corrective actions.

5) DATA ACQUISITION

5.1. All the information gathered automatically by the Mobile Applications is processed according to the terms of the Privacy Policy which you can find at https://myoffice.ru/policy_mobile_en.

6) TERM OF THE LICENSE AGREEMENT

6.1. This License Agreement becomes effective as stated in Clause 2.1. above and shall remain in force throughout the term of the Rightholder’s exclusive right in and to the Mobile Application use. The Rightholder is entitled to make any amendments hereto unilaterally. Any new version of this License Agreement shall be published at https://myoffice.ru/eula_mobile_en and shall become effective upon its publication unless otherwise stated in any applicable publication. You are obliged to use the Mobile Applications according to the existing (current) version of the License Agreement appearing in the above webpage.

7) TERMINATION OF THE LICENSE AGREEMENT

7.1. If you violate the terms and conditions of this License Agreement or the Russian laws and regulations in the course of using the Mobile Applications, the Rightholder is entitled to initiate actions in order to stop such violation, including termination of this License Agreement unilaterally and out of court (recall the License for use), in which case you are obliged to immediately cease using and delete permanently any Mobile Applications from your Mobile Device.

8) MOBILE APPLICATIONS UPDATES AND TECHNICAL SUPPORT

8.1. The Rightholder may at any time Update the Mobile Applications online as part of the standard procedure for Mobile Applications Shops without seeking your consent and without acquiring the same in each case. By continuing to use an updated Mobile Application following Update installation on your Mobile Device, you confirm that you agree with the terms and conditions of this License Agreement in relation to the updated Mobile Application.

8.2. Technical support for Mobile Applications Users is available by email to mobile@service.myoffice.ru. An initial response to any User’s inquiry may take up to 5 (five) business days following receipt of an email from the User. The User agrees to share any required information with the support service for diagnostics.

9) LIMITATION OF LIABILITY

9.1. The Mobile Applications and their components are provided on ‘as is’ basis, with the same functionality, service level, safety and availability that you obtain. The Rightholder gives no other warranties except those stated herein.

9.2. The Rightholder, its founders, officers, employees, agents and partners are to the maximum extent permitted by Russian laws and regulations not liable to Yourself and/or any third parties for any direct, consequential, casual, punitive or subsequent damages caused by use or failure to use the Mobile Applications for whatever reason, including but not limited to any modifications thereto, temporary or ultimate access failure, data deletion or damage, unauthorized access or misrepresentation of any transmitted data, use of the Mobile Applications by any third parties, even if the Rightholder was aware of such liability.

9.3. You agree to indemnify the Rightholder for any liability in any third party claims under any service agreements for services you render partially or completely using the Mobile Applications.

9.4. The Rightholder shall in no event be liable to you or any third parties for any consequential damages, a term which includes but is not be limited to loss of income, profit, expected savings, business activity or goodwill.

9.5. If the Rightholder is found guilty, the Rightholder’s liability shall in any event be limited to ten thousand RUR according to Art. 15 of the Civil Code of the Russian Federation.

10) CONFIDENTIALITY

10.1. Any information on using the Software transmitted by Yourself hereunder shall be stored and processed according to the Privacy Policy which is published at https://myoffice.ru/policy_mobile_en.

11) GOVERNING LAW

11.1. All relations between Yourself and the Rightholder under this License Agreement shall be governed by the laws and regulations of the Russian Federation.