License Agreement for the Use of the "mSDK Demo" Demonstration Program for Mobile Devices

Before using the program, please read the terms of this License Agreement (the "License"). You may use the program only in accordance with the License terms. If you do not fully accept the License terms, you may not use the program for any purpose.

 

1. General

1.1. This License Agreement ("License") establishes the terms for the use of mSDK Demo program for mobile devices (the "Program") and is made between any person using the Program (the "User") and "YooMoney", NBCO LLC (the "Copyright Holder").

The Program's functionality is provided for demonstration purposes and imitates a possible set of functions.

1.2. By copying the Program, installing it on a mobile device, or using the Program in any way, the User expresses their full and unconditional consent to all License terms. You may use the Program only in accordance with the terms hereof. If the User does not fully accept the License terms, the User may not use the Program for any purpose. Using the Program in violation of any License terms is prohibited.

1.3. Using the Program under the terms hereof by the User for personal non-commercial purposes is free of charge. The Program may be used under the terms and in the ways not provided for herein only on the basis of a separate agreement with the Copyright Holder.

1.4. The Agreement on the General Terms and Conditions of the YooMoney Service (hereinafter referred to as the "Agreement"), available at https://yoomoney.ru/page?id=525698 is an integral part hereof. The terms of the Agreement fully apply to the use of the Program.

1.5. When using the Program, the User shall comply with the terms of this License, the Agreement, as well as any other existing agreements between the User and the Copyright Holder.

 

2. Rights to the Program

2.1. The exclusive right to the Program belongs to the Copyright Holder.

 

3. License

3.1. The Copyright Holder shall grant the User a non-transferable right to use the Program anywhere in the world free of charge, under a simple (non-exclusive) license as follows:

3.1.1. Use the Program for its intended functional purpose: for demonstration, for which purpose copy the Program and install (reproduce) it on the User's mobile device(s). The User may install the Program on an unlimited number of mobile devices.

3.2. Except to the extent and in the manner expressly provided for hereby or by the laws of the Russian Federation, the User may not modify, decompile, disassemble, decode or perform any other actions with the object code of the Program in order to obtain information about the implementation of algorithms used in the Program, create derivative works using the Program, and use (or allow to use) the Program in any other way without the written consent of the Copyright Holder.

3.3. The User may not change the name of the Program, change, and/or delete the copyright mark or any other reference to the Copyright Holder. This License does not grant the User any rights to use intellectual property, including trademarks, except for the rights granted hereby in relation to the Program.

 

4. Information on the Use of the Program

4.1. The User is hereby notified and agrees that when using the Program, the following information may be automatically transmitted to the Copyright Holder: type of the operating system of the User's mobile device, version and ID of the Program, statistics on the use of Program functions, as well as other technical information.

The Copyright Holder may use such information at its discretion, including transmitting the collected data (without any links to the User) to third parties, using it to generate reports about the program, and making it publicly available.

 

5. Terms of Use of Certain Program Functions

5.1. The implementation of certain Program functions is possible only when Internet access is available. The User shall independently receive and pay for such access according to the terms and the rates of their communications service provider or Internet access provider.

5.2. The Program's functionality is provided for demonstration purposes and imitates a possible set of functions without granting a specific result.

 

6. Liability under the License

6.1. The Program is provided on an "as is" basis. The Copyright Holder does not provide any guarantees regarding error-free and uninterrupted operation of the Program or its individual components and/or functions, its compliance with specific goals and expectations of the User, and does not provide any other guarantees not expressly specified herein.

The User acknowledges and agrees that any information (including oral or written recommendations regarding the use of the Program) provided by the Copyright Holder to the User, but not explicitly expressed herein, shall not constitute a guarantee.

6.2. The Copyright Holder shall not be liable for any direct or indirect consequences of the use or inability to use the Program and/or any damage caused to the User and/or any third parties as a result of the use, failure or inability to use the Program or its individual components and/or functions, including due to possible errors or failures in the Program, except as expressly provided by law.

6.3. All issues and claims related to the use/inability to use the Program, as well as possible violations of the law and/or the rights of third parties by the Program shall be submitted via the feedback form at support@yoomoney.ru.

 

7. Program Updates/New Versions

7.1. This License covers all subsequent updates/new versions of the Program. By providing consent to install an update/new version of the Program, the User accepts the terms hereof for the relevant updates/new versions of the Program, unless any other license agreement is provided along with the update/installation of a new version of the Program.

 

8. Amendments to the License Terms

8.1. Any amendments to this License Agreement shall be made by accepting the relevant offer of the Copyright Holder by the User. The Copyright Holder shall send the offer to amend this License Agreement to the User by publishing a new version of the License Agreement on the Copyright Holder's website yoomoney.ru.

8.2. In accordance with Clauses 2 and 3 of Article 438 of the Civil Code of the Russian Federation, in case the Copyright Holder fails to receive the User's written notice of unilateral repudiation of this License Agreement within the period stipulated in Clause 8.3 hereof, as well as the User's actions on the use of the software during the specified period, the User is deemed to have accepted the Copyright Holder's offer on the amendments hereto.

8.3. Within three calendar days from the date of publication/posting of the new version hereof, the User may repudiate this License Agreement by sending to the Copyright Holder the original signed application in hard copy according to the form provided by the Copyright Holder. At the same time, the User shall stop using the Program and delete its copy from their mobile device.

 

9. Miscellaneous

9.1. This License and any issues related to the use of the Program shall be governed by the laws of the Russian Federation. Any claims or actions arising from this License or the use of the Program shall be submitted and litigated in court at the location of the Copyright Holder.

9.2. The Copyright Holder may provide the User with a translation hereof from Russian into other languages, however, in the event of any conflict between the terms hereof in Russian and the translation, only the Russian version shall be legally binding.

9.3. Contact details of the Copyright Holder: "YooMoney", NBCO LLC (Primary State Registration Number (OGRN) 1127711000031, License for banking operations No. 3510-K). Location: 82 Sadovnicheskaia street, Bld. 2, 115035 Moscow, Russia.

9.4. The User guarantees that all provisions hereof are clear and the User unconditionally accepts them in full.

 

Publication date: 5 November 2020

Previous version dated 19 October 2020