Terms of Use of Yandex Compute Cloud

This document is a translation of "Terms of Use of Yandex Compute Cloud" in English. In case of conflict between the Russian version of "Terms of Use of Yandex Compute Cloud" and this translation - only the Russian version of "Terms of Use of Yandex Compute Cloud" is legally binding. The Russian version of "Terms of Use of Yandex Compute Cloud" can be found here: https://yandex.ru/legal/cloud_terms_compute/.

This document constitutes the Terms of Use of Yandex Compute Cloud (hereinafter referred to as the Service) and forms an integral part of the Contract to Use Yandex.Cloud Platform Services and the Special Terms of Use of Yandex.Cloud Platform Services available online at https://yandex.ru/legal/cloud_specialterms/.

1. Functional Features of the Service

1.1. The Service provides means for the Customer to use Yandex's scalable virtual computing landscape to place, store, and process the Customer's information and Content, inter alia, to create and run Virtual Machines and Disks, to manage them, and to use other functional features of the Service.

1.2. As part of the Service, the Customer can access:

• Virtual Machines with no virtual operating system installed;

• Virtual Machines based on Windows and Linux;

• Discs (Yandex Block Storage).

1.3. The Customer can do the following:

1.3.1. create Virtual Machines in the Availability Area optimal for the Customer;

1.3.2. create Virtual Machines with technical parameters that are optimal for the Customer;

1.3.3. use the Virtual Machine Image;

1.3.4. store the Customer's information and Content and make their back-up copies using Discs;

1.3.5. access Virtual Machines via SSH using a key pair, via RDP, and using a graphical console;

1.3.6. monitor the state of Virtual Machines;

1.3.7. other functional features of the Service, which Yandex makes available to the Customer as it thinks fit. The Customer can find the list of functional features on the Website and/or in the Management Console.

1.4. Service level is determined for the Service in accordance with the Service Level Agreement.

2. Service Rating Procedure

2.1. The use of the Service is chargeable.

2.2. The cost of the Service is determined as per rates and billing units specified on the Website. Yandex may change rates as prescribed by the Contract concluded with the Customer.

2.3. The cost of a Virtual Machine depends on the number of CPU cores, RAM, operating system, and time of use. The cost is calculated for the time of use from the moment the creation command is executed till the Virtual Machine stops completely.

2.4. The cost of a Disk depends on the time of use (from disc creation to disc deletion), the type of the Disk, and disk space the Customer chooses when he or she creates a Disk. The use of the Disk is charged whether a Virtual Machine is used or not.

2.5. As part of the Service, the volume of Outgoing Traffic passing through the Customer's Virtual Machine or Disk, the cost of the Image, Snapshot, and other additional benefits ordered and used by the Customer and related to the use of the Service are charged additionally.

2.6. Yandex may from time to time provide the Customer with additional functional features of the Service for an additional fee.

2.7. As part of the Service, the Customer may take advantage of special price and discount offers announced on the Website and/or in the Management Console.

3. Additional Restrictions on the Use of the Service

3.1. The Customer shall independently monitor and ensure the security and relevance of software used in Virtual Machines, timely update software versions or make configuration changes as per the Guidelines or requirements published by developers of respective software.

3.2. The Customer shall counteract installing malware on Disks; software specifically developed to gain unauthorized access to information; software, databases, and other Content in violation of the exclusive rights of rightholders.

3.3. If any gross violations of information protection requirements threatening the operation of the Platform or third-party resources are revealed on the part of the Customer, Yandex may interrupt the operation of Virtual Machines that violate security requirements.

4. Software Benefits

This section governs the use of Microsoft software, which may include respective software, carriers, print materials, and electronic or web documents (hereinafter jointly and separately referred to as the Products) provided by Yandex. Yandex does not own the Products, therefore their use is governed by certain rights and restrictions Yandex should inform you of. Your right to use the Products is regulated by the terms of your agreement with Yandex and shall be approved, interpreted and exercised by you under the following terms, which Yandex may not change or supplement.

4.1. Definitions

Client Software means software installed on a Device that enables the Device to access and use the Products.

Device means every computer, workstation, terminal, handheld computer, pager, phone, pocket computer, smartphone, server, or any other equipment, where you can install software for a user to interact with a Product.

User means an individual or a legal entity that purchases Software Benefits directly from Yandex or indirectly through a Reseller distributing Software Benefits.

Redistributable Software means the software described in clause 4.4 (Use of Redistributable Software) below.

Software Benefits mean services Yandex provides to you to access, display, launch the Products, or otherwise, directly or indirectly, interact with the Products. Yandex shall provide these benefits from a data processing center (centers) on the Internet, via phone or private network under a lease basis, by subscription or as separate services and it is irrelevant whether Yandex is paid for it or not. Software Benefits do not include services that install a Product directly on any user device for the User to interact with the Product.

4.2. Ownership of the Products. The Products are licensed to Yandex by a Microsoft affiliate (hereinafter jointly referred to as Microsoft). Microsoft products copyrighted and protected by other intellectual property rights. Microsoft and its suppliers own the Products (and their constituent elements, including, but not limited to, all images, photos, animations, video and audio recordings, music, text, and "applet apps" included in the Products). You may not delete, modify, or hide any copyright notices, trademarks, or other proprietary notices in or on the Products. The Products are protected by copyright laws and relevant international treaties as well as by other intellectual property laws and treaties. No possession of, access to, or use of the Products give you any ownership of the Products or other intellectual property rights.

4.3. Use of Client Software. You may only use Client Software installed on your Devices as agreed with Yandex and prescribed by this document and only in relation to Software Benefits Yandex provides to you. The terms of this document completely and unconditionally supersede the terms of any License Agreement with a Microsoft user that may be provided in electronic form when you install and/or use Client Software.

4.4. Use of Redistributable Software. As part of Software Benefits Yandex provides to you, you may access certain tools and software code of "samples", "redistributable files", and (or) software development kits (hereinafter jointly and separately referred to as the Redistributable Software). You may only use, copy, and/or install the Redistributable Software as agreed with Yandex and prescribed by this document and/or the agreement with Yandex.

4.5. Copies. You may not make copies of the Products, however, you may (a) make a copy of Client Software on your Device as expressly authorized by Yandex, and (b) make copies of certain Redistributable Software in accordance with clause 4.4 (Use of Redistributable Software). You shall delete or destroy all the Client Software and/or Redistributable Software, when your agreement with Yandex is terminated or expires, when you receive a notice from Yandex or when you give your Device to any other individual or legal entity, whichever occurs first. It is prohibited to make copies of any print materials provided with the Products.

4.6. Restrictions of Reverse Engineering, Decompilation, and Disassembly. You may not study the technology, decompile or disassemble the Products, except when and only to the extent such actions are explicitly permitted by applicable laws, despite this restriction.

4.7. Prohibition to Lease. You may not lease, rent, loan, pledge or, directly or indirectly, transfer or distribute the Products to any third parties or allow any third parties to access and/or use functions of the Products, except when used for the sole purpose of accessing functions of the Products in the form of Software Benefits under the terms of this agreement and any agreement between you and Yandex.

4.8. Termination. Yandex may terminate your rights to the Products without prejudice to any other rights, if you violate these terms. If your agreement with Yandex or Yandex-Microsoft agreement that licenses the Products is cancelled or terminated, you shall stop using and/or accessing the Products and destroy all copies of the Products and all their components within thirty (30) days after your agreement with Yandex was terminated.

4.9. No Microsoft Warranties, Obligations, and Compensations. Microsoft disclaims, to the extent permitted by applicable laws, warranties and any liability of Microsoft or Microsoft suppliers for any damage or loss (direct, indirect, or mediate) caused by the use of Software Benefits. All warranties shall be provided and liability for damages shall be held by Yandex only, and not by Microsoft, Microsoft affiliates or subsidiaries.

4.10. Product Support. Any support for Software Benefits is provided to you by Yandex or a third party on behalf of Yandex, and not by Microsoft, Microsoft affiliates or subsidiaries.

4.11. Fault Intolerance. These Products are not fault tolerant; error-free or uninterrupted operation of these Products is not guaranteed. You should not use the Products for any purpose or under any circumstances where a malfunction of a Product(-s) may cause death, personal injury, serious physical harm, or environmental damage (Hazardous Use).

4.12. Export Restrictions. The Products are subject to US export laws. Yandex undertakes to comply with all rules of applicable laws, including the U.S. Export Administration Regulations), International Traffic in Arms Regulations, and restrictions on end users, methods and regions of use adopted in the United States and other countries. For more information, please visit http://www.microsoft.com/exporting/.

4.13. Liability for Violation. In addition to other obligations that you have to Yandex, you also agree to be legally accountable directly to Microsoft for any violation of these terms.

Disclosure. You should allow Yandex to disclose any information requested by Microsoft under the Agreement of Yandex. Microsoft will be a third-party beneficiary of your agreement with Yandex having the right to enforce your agreement with Yandex and to monitor your compliance.

Terms

The capitalized terms used in these Terms of Use and not defined in the Offer available online at: https://yandex.ru/legal/cloud_oferta/ or Terms of Use of other Services, have the following meanings:

Disk means virtual disk space based on the computing landscape of the Platform located in Yandex's infrastructure and used to place and remotely store operating systems, information, and Content.

Image means a full copy of the structure of file system and data on the Disk.

Snapshot means a copy of disk file system at a given moment.

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Yandex.Cloud LLC (OGRN: 1187746678580)

Web address: https://yandex.ru/legal/cloud_terms_compute

Date of placement: December 26, 2018

Effective date: January 01, 2019