Yandex.Disk Software Development Kit License Agreement

This document is a translation of the Yandex.Disk Software Development Kit License Agreement in English. In case of conflict between the Russian version of the Yandex.Disk Software Development Kit License Agreement and this translation - only the Russian version of the Yandex.Disk Software Development Kit License Agreement is legally binding. The Russian version of the Yandex.Disk Software Development Kit License Agreement can be found here: https://yandex.ru/legal/sdk_agreement/?lang=ru.

This License Agreement (the “Agreement”) is made by and between any person using the Yandex.Disk Software Development Kit (the “User”) and Yandex LLC with its registered office at 16 Lva Tolstogo St., Moscow 119021, Russian Federation (the “Right Holder”) as a holder of the exclusive right to the Yandex.Disk Software Development Kit.

1. General Provisions

1.1. The Yandex.Disk Software Development Kit (the “SDK”) may be used by the User to study the technical rules for functioning of certain components within the Yandex.Disk service and/or to study the technical conditions for interaction of certain components of the said service with the software developed by the User. The SDK will be available for download at all times at http://yadi.sk/d/lg2i7d6U6vbMh.

1.2. By using the SDK or any parts or functions thereof in any way, the User shall expressly accept this License terms and conditions in full, without any reservations or exceptions. If the User does not accept this License terms and conditions in full, the User may not use the SDK. Using the SDK in violation of (without meeting) any of this License terms and conditions shall be prohibited. If the User does not agree to the terms and conditions of this License, the User shall refrain from using the SDK.

1.3. The SDK may be used on conditions and in a manner other than those set forth in this License subject to a separate agreement to be made with the Right Holder.

1.4. This License and the relations governing the use of the SDK shall be subject to the law of the Russian Federation, and any claims or disputes arising out of this License or related to the use of the SDK shall be submitted for consideration to a court at the Right Holder’s location.

1.5. Right Holder may provide to the User a translation of this License from Russian into other languages, but in case of any conflict between the provisions of this License in Russian and its translation, only the Russian version shall have legal effect.

1.6. In addition to the License, the following documents shall apply to the relations between the Right Holder and the User governing the use of the SDK:

1.6.1. User Agreement for Yandex Services available at any time at: https://yandex.by/legal/rules/;

1.6.2. Privacy Policy available at any time at: https://yandex.by/legal/confidential/;

1.6.3. If the User uses the Yandex.Disk API service: Yandex.Disk API Terms of Use, available at any time at: https://yandex.ru/legal/disk_api/.

2. Exclusive Rights

2.1. The exclusive rights to the SDK shall be the Right Holder property. This Agreement does not provide for alienation of such rights.

2.2. The exclusive rights to the software, or to any other results of intellectual activities, created with the use of the SDK shall be the property of their respective creators. The Right Holder shall not acquire any rights to such items save for the right to demand inclusion of the information mentioned in 3.3 below.

3. License

3.1. The Right Holder shall grant to the User free of charge, subject to the ordinary (non-exclusive) license, a non-transferrable right to use the SDK worldwide in the following manner:

3.1.1. To use the SDK for its intended functional purpose specified in 1.1 above by downloading (copying) and reproducing it on the User’s devices. The User may use the SDK on an unlimited number of devices.

3.2. The User may not distribute the SDK. The User may not change the name of the SDK or change and/or remove any copyright marks or other references to the Right Holder, if they are included in the SDK.

3.3. Paid or free distribution of the software developed with the use of the SDK shall be allowed subject to mentioning of the fact that such software is developed with the use of the SDK by inclusion of the words “Developed with the use of Yandex.Disk SDK” in the About the Program section of the program interface, in the text description of the program contained on the page, from which it can be downloaded, and in the file within the program installation package containing the description of the program (if such file is created).

4. Restrictions on Use and Liability of the Parties

4.1. The User is hereby notified and agrees that the form, structure and principles for composition and functioning of the SDK may be altered by the Right Holder without any prior notice to the User. The User acknowledges that later versions of the SDK may differ from earlier ones, and that the results obtained by the User with the use of an earlier version of the SDK may be incompatible with the subsequent versions of the SDK.

4.2. The User is hereby notified and agrees that the Right Holder may suspend or terminate the creation of new versions of the SDK and also suspend or terminate its support provided in relation to the issued versions without any prior notice to the User.

4.3. This License shall not grant to the User any rights to use the intellectual property owned by the Right Holder including, but not limited to, the right to use trademarks, logos, domain names and corporate identity elements of the Right Holder.

4.4. It is hereby prohibited to mislead the consumers of items developed with the use of the SDK, including, but not limited to, by way of declarations of the User concerning any guarantees made by the Right Holder as to the properties of an item developed with the use of the SDK, the review and approval of such item by the Right Holder and the shared liability of the User and Right Holder for the quality of the relevant item.

4.5. It is not allowed to use the SDK to develop any malicious software capable of making harm to devices and networks, causing illegal acts or performing functions prohibited by the current laws.

4.6. Any item developed in violation of the provisions of this License may be, at the discretion of the Right Holder and without any notice to the User, prevented from interaction with the equipment and/or software of the Right Holder and services of the Right Holder.

4.7. The User shall be solely responsible for the compliance of any software developed with the use of the SDK with the requirements of the current laws including those related to protection of personal data owners’ rights. The Right Holder shall not be liable to the User or any third parties for any defects in the software developed with the use of the SDK and for violation of any third party rights and legal interests and the current laws by such software.

4.8. The SDK shall be provided on an “as is” basis. The Right Holder shall not guarantee that operation of the software developed with the use of the SDK will be error-free and uninterrupted and that the SDK will meet the particular purposes and expectations of the User; The Right Holder makes no other warranties not expressly stated in this License.

4.9. To the maximum extent permitted by the current laws, the Right Holder shall not be liable for any direct or indirect consequences of any use of, or inability to use, the SDK and/or for any damage caused to the User and/or third parties as a result of use of, or inability to use, the SDK including due to possible malfunction or faulty operation of the software developed with the use of the SDK.

4.10. The Right Holder may propose the User to provide statistical data related to the use of the SDK including, but not limited to, identifier data, the User’s IP address data, the number of the SDK version used by the User and information as to what SDK components are used by the User and how they are used. Such data will be processed so as to improve and optimize the SDK in accordance with the provisions of the Privacy Policy. The User may refuse to provide such data to the Right Holder at any time.

4.11. The Right Holder may send to the User any notices in connection with the relations governing the use of the SDK.

5. Updates and New Versions

5.1. The Right Holder may offer the User any updates aimed to improve the SDK in the form of patches, additional modules, data sets or completely new versions. The User is hereby notified and agrees to receive the Right Holder’s notices of the availability of any new components or new versions of the SDK.

5.2. This License covers all future updates/new versions of the SDK. By agreeing to install an update/new version, the User accepts the terms of this License for the corresponding update/new version of the SDK, unless such update of the SDK is made under any other license agreement.

6. Change of the License Terms and Conditions

6.1. This License may be changed by the Right Holder unilaterally without any prior notice to the User. The current version of this License shall be available at any time at https://yandex.by/legal/sdk_agreement/. Any changes made to this License agreement terms and conditions as set forth above shall come into effect from the date of their publication at the address specified above, unless otherwise specified in a corresponding publication.