Privacy policy

1. Introduction

2. Collecting personal information

3. Using personal information

4. Disclosing personal information

5. International data transfers

6. Retaining personal information

7. Security of personal information

8. Amendments

9. Your rights

10. Third party websites and applications

11. Updating information

12. Our details

End user licence agreement

Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

By clicking "install" when you first install the Software, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you must terminate the installation process.

AGREEMENT

1. Definitions

2. Term

3. Licence

4. Source Code

5. No assignment of Intellectual Property Rights

6. Charges

7. Payments

7.1 The Licensor shall issue invoices for the Charges to the User on a monthly basis by the 5th day of each month when the Software was used. 7.2 The User must pay the Charges to the Licensor within the period of 30 days following the issue of an invoice in accordance with this Clause 10. 7.3 The User must pay the Charges in accordance with the payment policy set forth by the Marketplace as amended from time to time.

8. Warranties

8.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA. 8.2 The Licensor warrants to the User that: (a) the Software as provided will conform in all material respects with the Software Specification; (b) the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and (c) the Software shall incorporate security features reflecting the requirements of good industry practice. 8.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA. 8.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

9. Acknowledgements and warranty limitations

9.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs. 9.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure. 9.3 The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software. 9.4 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.

10. Limitations and exclusions of liability

10.1 Nothing in this EULA will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law. 10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in this EULA: (a) are subject to Clauses 10.1 and 13.6; and (b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA. 10.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event. 10.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings. 10.5 The Licensor will not be liable to the User in respect of any loss of revenue or income. 10.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities. 10.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software. 10.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage. 10.9 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amount paid and payable by the User to the Licensor under this EULA in the 2 month period preceding the commencement of the event or events. 10.10 The aggregate liability of the Licensor to the User under this EULA shall not exceed the total amount paid and payable by the User to the Licensor under this EULA.

11. Termination

11.1 The Licensor may terminate this EULA immediate effect by giving to the User a notice of termination sent in any form (including email or electronic message through the Software). 11.2 The User may terminate this EULA by giving to the Licensor with immediate effect by giving to the User a written notice of termination. 12. Effects of termination 12.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.1, 7.2, 10, 12, 13 and 14. 12.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party. 12.3 Within 30 days following the termination of this EULA for any reason the User must pay to the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licences in effect before the termination of this EULA without prejudice to the parties' other legal rights. 12.4 For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA. 12.5 Within 10 Business Days following the termination of this EULA, the User must: (a) return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Software; and (b) irrevocably delete from all computer systems in its possession or control all copies of the Software.

13. General

13.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach. 13.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted). 13.3 This EULA may not be varied except by a written document signed by or on behalf of each of the parties. 13.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this EULA. 13.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party. 13.6 Nothing in this EULA shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation, or any other liability of a party that may not be excluded or limited under applicable law. 13.7 Subject to Clauses 10.1 and 13.6, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter. 13.8 This EULA shall be governed by and construed in accordance with Russian law. 13.9 The courts of Russian Federation shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

14. Interpretation

14.1 In this EULA, a reference to a statute or statutory provision includes a reference to: (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and (b) any subordinate legislation made under that statute or statutory provision. 14.2 The Clause headings do not affect the interpretation of this EULA. 14.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.