License Agreement on Software Usage
This License Agreement (hereinafter – “the Agreement”) regulates the terms and conditions of usage of the software called Bankofpartners.com designed for smartphones and other mobile electronic devices (hereinafter – “the Devices”), which allows technical access to BBP (hereinafter – “Mobile Application”) and is to be entered into between the User (the Licensee) and the Owner (the Licensor)
NB FOR THE USER:
The User undertakes to read this Agreement and the documents set forth in cl. 2.2 prior to using the Mobile Application. If the User disagrees with any specific clause of any document set out in cl. 2.2 or this Agreement ( as well as with this Agreement and any document from cl. 2.2 as a whole), the User shall terminate any use of the Mobile Application.
In this Agreement, the “first use” shall imply any actions aimed to use the Mobile Application and its functions. First use shall also imply, among others, downloading, recording and storing of the Mobile Application in the memory of the Device.
The current version of this Agreement is available at (www.bankofpartners.com).
1. License Grant
1.1. The Owner grants the User a simple (not exclusive) non-transferrable reversible free license (hereinafter – the License) to use the Mobile Application subject to the terms and conditions, within the limits and by ways determined by this Agreement, and provided the User complies with the terms and conditions and limits set forth in the documents listed in cl. 2.2.
The description of the Mobile Application and system requirements are stipulated in the Mobile Application Use Guidelines.
1.2. The License is granted on the following terms:
1.2.1. The License entitles the Licensee to use the Mobile Application in the following way and within the following scope:
to download the Mobile Application an unlimited number of times on the unlimited number of Devices belonging to the User, provided the Mobile Application stays fully intact;
to use the Mobile Application subject to its direct functional purpose;
to reproduce the Mobile Application on the Device;
All actions listed in this Clause and related to the use of the Mobile Application shall be performed by the User on his/her own.
1.2.2. All the other ways to use the Mobile Application, not mentioned in this Agreement, are prohibited, including, but not limited to, the following;
Sublicense, sell, assign, allow use of, lease out, distribute, transfer the Mobile Application or otherwise provide the rights to use the Mobile Application to any third parties;
Modify, upgrade, translate into other languages, decompile, disassemble, decode, emulate, damage integrity, and recover the source code of the Mobile Application or of any components thereof;
Use the Mobile Application to violate third parties rights, as well as for any other purposes not allowed by the effective legislation.
Delete, hide and change notifications on the Owner’s exclusive rights included in the Mobile Application;
By own efforts or through assistance of any third parties to reproduce components of design or user interface of the Mobile Application.
To use the Mobile Application, or any parts or functional options thereof, in the User’s (or third parties’) software (products), and to render services through or by using the Mobile Application. Using functional possibilities of the Mobile Application to place offers relating to services on the Website (BBP) shall be deemed an exclusion.
1.2.3. The License use shall be worldwide.
1.2.4. The License Term shall be from the date when the User starts applying the Mobile Application and accepts the terms and conditions of the Agreement and the documents set forth in cl. 2.2, to the moment the User deletes the Mobile Application from the Device and/or the User of the Device changes. The License Term can be modified by the Owner unanimously, by introducing changes in this Agreement subject to cl. 5.5.
1.3. This Agreement does not imply transfer to the User of any exclusive right on intellectual property of the Owner contained in the Mobile Application.
2. General Terms and Conditions
2.1. Use of the Mobile Application on any terms other than those stipulated herein is prohibited.
2.2. Use of the Mobile Application is possible only after the User reads and fully agrees with the terms and conditions contained in the following documents:
ВВР Service Rules (www.bestofpartners.com website), set out on the website www.bankofpartners.com.
The terms not defined in this Agreement have the meaning set out in the Agreement on the Materials and Content Use of the website www.bestofpartners.com.
The documents, as well as any parts thereof, can be amended without any special notification, a new revision of the documents comes into force from the moment it is published, unless the revision itself contains provisions to the contrary.
2.3. To have full access to the Mobile Application, the User has to authorize or register at BBP. Some Functional Options of the Mobile Application can be used only with Internet access; the User provides the required Internet access at its own discretion and expense.
3. Limitations and Responsibilities of the Parties
3.1. Under no circumstances should the Owner be liable to the User for losses, including direct, indirect, intentional, incidental or consequential losses of whatsoever nature, arising out of this Agreement or in connection with the use of or impossibility to use the Mobile Application (including, but not limited to, losses caused by damage to goodwill, termination of operation, technical malfunction, accident or failure, or any commercial loss, expenditure or damage, as well as lost profit or unjust enrichment), even if the Owner was aware or should have been aware of the possibility of such damage or the User was notified of the possibility of such damage.
3.2. The Owner undertakes any and all reasonable steps (at its own discretion) to support functioning of the Mobile Application. The Owner does not carry out guarantee repairs of the Mobile Application.
3.3. The Owner is not liable for communication by the User of information to third parties through the Mobile Application, as well as for cases when information from the Mobile Application becomes available to third parties as a result of their unauthorized access to the Device or actions of viruses or malware on the Device.
3.4. The Owner shall not be responsible for inability to use the Mobile Application, for whatever reason.
3.5. The Owner retains the right to provide limited functionality of the Mobile Application.
3.6. This Agreement does not grant any rights to the User to use intellectual property assets, including trademarks and service marks of the Owner and its Partners, except for the rights provided hereby.
3.7. The User shall be liable for non-fulfillment or improper fulfillment of the obligations undertaken subject to this Agreement, as well as for violation of the terms of the License, according to the legislation of the Russian Federation.
3.8. Any violation by the User of the terms and conditions of this Agreements and/or the documents set forth in cl. 2.2 of this Agreement shall terminate the License.
3.9. Should the User continue using the Mobile Application after termination of the License, the User shall be liable pursuant to the legislation of the Russian Federation.
4. Additional Terms and Guarantees
4.1. The Owner, at its own discretion, amends or modifies the Mobile Application, enhances certain functional options thereof, and terminates development and technical support of the Mobile Application without any prior notification.
4.2. The Owner has the right, at its own discretion and without any prior notification, to suspend the User’s access to the Mobile Application, including by reason of technical works.
4.3. The Mobile Application is supplied on the “as is” basis, which means the does not provide any guarantees relating to the Mobile Application or any functional options thereof, in particular, the Owner does not guarantee the User the following:
The Mobile Application and separate functional options thereof, their direct or indirect influence and quality shall comply with the User’s requirements and purposes;
The Mobile Application and separate functional options thereof shall be provided continuously, reliably and faultlessly;
The results obtained through the use of the Mobile Application and separate functional options thereof shall be accurate, reliable and corresponding the User’s expectations.
4.4. If pursuant to the national legislation of the User, the use of the Mobile Application is a prohibited activity or an activity requiring special permits, submission of notifications, etc., the User undertakes not to use relevant functions of the Mobile Application or the Mobile Application in general and shall be liable for non-compliance with this condition.
5. Final Provisions
5.1. Actual start of use of the Mobile Application by the User is the confirmation of the User's acceptance of the terms of the Agreement within the meaning of and according to the procedure of Clause 5 Article 1286 of the Civil Code of the Russian Federation. By continuing the use of the Mobile Application or separate functions thereof, the User agrees, fully and implicitly, with all the terms and conditions of the Agreement and the documents set forth in cl. 2.2, in revision applicable at the moment of the actual use of the Mobile Application.
5.2. The User may, at any moment, renounce the fulfillment of this Agreement, by deleting the Mobile Application completely from his or her device.
5.3. The Owner hereby declares that it is the only holder of all the exclusive rights to the Mobile Application and is entitled to manage them at its own discretion, in compliance with the effective legislation.
5.4. The Owner hereby declares that the rights and obligations of the User and the Owner hereunder are regulated by the legislation of the Russian Federation, regardless of locations of the Owner, the User or the Device.
5.5. The Owner may alter this Agreement unilaterally. The User’s notification on changes in the terms and conditions of the Agreement shall be contained in a new version of the Mobile Application and/or on the Website. Such amendments become effective on the day of their publication, unless otherwise is specified in the relevant publication. The Owner has the right to terminate the license of any User at any moment, without explaining the reasons of such termination.
5.6. Applications, offers and claims of Users regarding functioning of the Mobile Application can be sent to firstname.lastname@example.org.
5.7. The Agreement shall be applicable to all subsequent updates/new versions of the Mobile Application. Agreeing with installation of an update/new version of the Mobile Application, the User accepts the terms and conditions of the Agreement in relation to relevant updates/new versions of the Mobile Application, unless an update/installation of a new version of the Mobile Application involves another license agreement.
5.8. In case of any disputes, disagreements and claims that may arise in connection with fulfillment, cancellation or invalidation of the Agreement, the User and the Owner shall make their best efforts to settle them by way of negotiations according to the mandatory complaint procedure. If the parties fail to reach an agreement in an amicable way, all disputes shall be resolved in court in compliance with the legislation of the Russian Federation at the Owner’s location; court proceedings shall be in the Russian language.
5.9. In case of termination of the Agreement or expiry of the License, the User shall loose the right to use the Mobile Application, and must immediately stop any use of the Mobile Application and delete it from the memory of all the Devices.