License Agreement for the Use of the Yandex.Music Program on Mobile Devices
This document is a translation of License Agreement for the Use of the Yandex.Music Program in English. In case of conflict between the Russian version of License Agreement for the Use of the Yandex.Music Program and this translation - only the Russian version of License Agreement for the Use of the Yandex.Music Program is legally binding. The Russian version of License Agreement for the Use of the Yandex.Music Program on Mobile Devices can be found here: https://yandex.ru/legal/music_mobile_agreement/?lang=ru.
Before using the program, please, read the terms of the license agreement below.
1. General Provisions
1.1. This License Agreement (hereinafter referred to as the License) sets the terms of using the Yandex.Music program on mobile devices (hereinafter referred to as the Program) and is concluded between any person using the Program (hereinafter referred to as the User) and YANDEX LLC, 16 Lva Tolstogo str., Moscow, 119021, Russia, the holder of the exclusive right to the Program (hereinafter referred to as the Rightholder).
1.2. By copying the Program, installing it on your mobile device or using the Program in any manner, the User expresses its full and unconditional agreement with all the terms of the License.
1.3. Use of the Program is allowed only under the terms of this License. If the User does not accept the terms of the License in full, the User has not the right to use the Program for any purposes. Using the Program with violation (non-fulfillment) of any of the terms of this License is prohibited.
1.4. Use of the Program by the User under the terms of this License for personal non-commercial purposes is free of charge. Use of the Program on terms and in a manner not provided for in this License is possible only under a separate agreement with the Rightholder. A fee may be charged for using individual functions of the Program.
1.5. The Program offers a functional option to use for compensation a database, which is a total of sound tracks, lyrics of pieces of music, musical album covers and also other materials accessible with the use of the Program (hereinafter referred to as the Database), according to the procedure set out in Clause 6 of this License. The rights to the Database belong to the Rightholder.
1.6. By using the Program the User consents that the following documents, the terms and conditions of which are fully applicable to the use of the Program, constitute integral parts of this License:
User Agreement for Yandex Services available at: https://yandex.by/legal/rules.
1.7. This License and all relations connected with the use of the Program are subject to the law of the Russian Federation and any claims or lawsuits arising out of this License or use of the Program must be filed to and considered in a court at the Rightholder’s whereabouts.
1.8. The Rightholder may provide to the User a translation of this License from Russian into other languages, but in case of conflict between the terms of the License in Russian and its translation only the Russian version of this License has legal effect.
2. Rights to the Program
2.1. The exclusive right to the Program and the Database belongs to the Rightholder.
2.2. Sound tracks, lyrics of pieces of music, musical album covers and also other materials accessible with the use of the Program (hereinafter referred to as Materials) are objects of intellectual property of their rightholders and are protected by the law. Updated data on rightholders of Materials are available at: http://help.yandex.ru/music/?id=1113341.
3.1. The Rightholder furnishes the User for no compensation with a non-transferable right to use the Program in the territory of the Russian Federation, Ukraine, Republic of Belarus and Republic of Kazakhstan, under the terms of an ordinary (non-exclusive) license as follows:
3.1.1. To use the Program for the direct functional purpose, for which purpose to copy and install (reproduce) it on a mobile device(s) of the User. The User has the right to install the Program on an unlimited number of mobile devices. When installed on a mobile device, each copy of the Program is assigned a unique number which is automatically reported to the Rightholder.
3.1.2. To reproduce and distribute the Program for non-commercial purposes for no compensation.
4.1. Except when using to the extent and in a manner expressly provided for in this License or the law of the Russian Federation, the User has not the right to modify, decompile, disassemble, decrypt or perform other acts with the object code of the Program, with the aim to obtain information about the implementation of the algorithms used in the Program, to create derivative works using the Program, and also to otherwise use the Program (allow other use of the Program), any components of the Program, Materials saved by the Program on the User’s mobile device, and other data without a written consent of the Rightholder.
4.2. The User has not the right to reproduce and distribute the Program for commercial purposes (including for compensation), including as part of collections of software products, without a written consent of the Rightholder.
4.3. The User has not the right to distribute the Program in a form other than the form, in which the User received the Program, without a written consent of the Rightholder.
4.4. The Program must be used (and distributed) under the name “Yandex.Music”. The User has not the right to modify and/or delete the name of the Program, the copyright notice or other reference to the Rightholder.
4.5. The Rightholder reserves the right to set any rules, limits and restrictions (technical, legal, organizational and other) to the use of the Program in its entirety, Materials, or the Database, and may modify them at its discretion, without any prior notice to Users. Such rules, limits and restrictions may vary for different categories of Users.
5. Terms of the Use of Individual Functions of the Program
5.1. Particular functions of the Program may be run provided that there is Internet access. The User obtains and pays for such access at his discretion, on the terms and at the tariff rates of the User’s service or Internet access provider.
5.2. The User hereby agrees that playlists and other compilations of Materials or references thereto, created and/or published by the User with the use of the Program, are not collections as defined in Article 1260 of the RF Civil Code and are not protected as objects of intellectual property. The Rightholder bears no responsibility for any use of such compilations by third parties.
5.3. The Rightholder reserves the right to restrict at its discretion the User’s access to the Program (or to individual functions of the Program if technologically possible) in the event of repeated breach of this License, or to apply other measures to the User so as to comply with the requirements of the law or to observe rights and legitimate interests of third parties.
5.4 The User has the ability to create mixed playlists from the Materials of a database and sound tracks, uploaded by the User via “Yandex.Disk” software and also sound tracks uploaded by the User from his/her device.
5.5. The Program gives to the User the ability of getting automatic recommendations to listen to the Materials by the User. The user hereby acknowledges and agrees that in order to use this function the «System of the recommendations» the Program transfers the data concerning the history of the listening of Materials to the Rightholder.
5.6. The Program was created with the use of the following software:
KissXML License - Copyright © Deusty Designs, LLC. 2008. All rights reserved. This software may be used on the terms available for reference at: http://www.ringcentral.com/legal/other_licenses/kissxml.html.
FMDB - Copyright © 2008 Flying Meat Inc. This software may be used on the terms available for reference at: https://github.com/ccgus/fmdb/blob/master/LICENSE.txt.
6. Fee for Using the Database
6.1. The period for which the access to the Database is provided as well as the fee corresponding to the access period is specified on the Internet, available at: http://music.yandex.ru/#!/Payments. The fee is not subject to VAT pursuant to Sub-Paragraph 26, Paragraph 2, Article 149 of the RF Tax Code.
6.2. The fee payable to the Rightholder is paid by the User on pre-payment conditions.
6.3. Access to the Database is provided by the Rightholder from the moment of receipt of the fee from the User; in addition, the Rightholder reserves the right to provide access to the Database before receiving the fee. The Rightholder is deemed to have fulfilled its obligations to provide access to the Database at the moment such access is provided.
6.4. The Rightholder has the right to unilaterally change the Database access period and the corresponding amount of the fee. A newly set Database access period and the corresponding fee become effective from the moment of its publication on the Internet page, located at the address: http://music.yandex.ru/#!/payments.
6.5. The Database access period and corresponding amount of the fee may not be changed regarding actually paid amounts of the fee for the corresponding Database access period, provided that the fee is paid before a newly set terms become effective.
6.6. For information and for no compensation the Rightholder grants to a User identified by login access to the Database for 14 (fourteen) calendar days from the moment of the first identification with the use of the User's account via the Program.
6.7. The fee payable to the Rightholder on the technology of "In App Purchases", provided by Apple Inc., is made on terms indicated on the Internet page, located at the address: http://www.apple.com/legal/itunes/ww.
7. Liability under the License
7.1. The Program (Data included) is provided on an “as is” basis. The Rightholder provides no warranties regarding error-free and uninterrupted operation of the Program or its individual components and/or functions, consistency of the Program with particular goals and expectations of the User, reliability, accuracy, completeness and actuality of Data, and provides no other warranties not expressly provided for in this License.
7.2. The Rightholder bears no liability for any direct or indirect consequences of any use of or impossibility to use the Program (the Database included), and/or damage caused to the User and/or third parties as a result of any use, non-use of or impossibility to use the Program (the Database included), or its individual components and/or functions, including due to possible errors or failures of the Program, except in cases expressly provided for in the law.
7.3. The User is hereby notified and agrees that when the Program is used the following information will be automatically and anonymously (without reference to the User) transmitted to the Rightholder: the type of the operating system of the User’s mobile device, the version of the Program and the Program ID, statistics on the use of functions of the Program, and other technical data.
7.4. All questions and complaints relating to the use of/impossibility to use the Program, and possible breach by the Program of the law and/or third party rights, must be sent via the feedback form to: http://feedback.yandex.ru/?from=music.
8. Updates/New Versions of the Program
8.1. This License covers all future updates/new versions of the Program. By agreeing to install an update/new version of the Program, the User accepts the terms of this License for corresponding updates/new versions of the Program unless updating/installing a new version of the Program requires any other license agreement.
9. Change of the Terms of this License
9.1. This License may be unilaterally changed by the Rightholder. The notification of the User of the changes made in the terms of this License is published on the page: https://yandex.by/legal/music_mobile_agreement. The specified changes in the terms of the license agreement come into force from the date of their publication, unless otherwise specified in a corresponding publication.
Date of publication: 01.12.2012
Previous version of the document https://yandex.by/legal/music_mobile_agreement/31052012.