1. Functional Features
1.1. The Service allows the Customer gain remote access to the Software Products owned by the Software Product Owners and use them on Yandex Virtual Machines.
1.2. A catalogue of the Software Products available to the Customer can be found in the appropriate section of the Management Console and the Website.
1.3. The Software Products are accessed through the use of the Virtual Machine.
1.4. The Software Product Owner can set requirements to the Virtual Machine parameters and characteristics that the Customer shall meet to be able to use the Software Products.
1.5. The Software Product description may contain URL links enabling transition to websites/web pages that are not controlled by Yandex (hereinafter referred to as the "Linked Websites") Yandex shall not be responsible for the Linked Websites (or any hyperlinks or URLs contained thereon), including, but not limited to, their content, security, or privacy. Any access provided by Yandex to the Linked Websites is provided solely for the convenience of the Customer, and the inclusion of any link to the Linked Website does not imply that Yandex approves the Linked Website.
2. Service Rating Procedure
2.1. Unless otherwise expressly agreed, the use of the Service is fee-based. Access to certain Software Products may not be chargeable.
2.2. The cost of access to the Software Product is determined separately for each Software Product. 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 the Service depends on the time of use thereof by the Customer, i.e. the time between the beginning and the end of the use of the Software Product in the relevant Reporting Period. The use of the Virtual Machine for the Software Product is charged separately as part of Yandex Compute Cloud.
3. Software Product
3.1. Details of the Software Product Owner, description of the Software Product, special terms and conditions of access to the Software Product, and the terms and conditions of the License Agreement with the Software Product Owner are published on the relevant page of the Software Product on the Marketplace and are binding on the Customer. Unless otherwise expressly stated, Yandex is not the Software Product Owner.
3.2. Yandex does not guarantee that the Software Product description provided by the Software Product Owner and posted on the Website or in the Management Console, is accurate, true, and/or complete. Yandex has no control over, and shall not be liable for the content, quality, accuracy, or fitness of the Software Product for the Customer's expectations, or for the actions/omissions of the Software Product Owners.
3.3. For the access to the Software Product, the Customer shall accept the terms and conditions of the License Agreement specifying the terms and conditions of the license provided by the Owner, and regulates the use of the Software Product by the Customer.
If such License Agreement with the Customer or a link thereto is not available in the relevant section of the Website/Management Console that contains the Software Product description and details of the Owner, then each Customer receiving the Software Product on the Marketplace automatically obtains from the Software Product Owner a non-exclusive non-transferable license to use the Software Product on the Virtual Machine in any country of the world, and such license shall be perpetual, except when the Software Product is provided to the Customer with a limited right of access for trial purposes, in which case such license shall be limited to the trial period.
Subject to such license, the Software Product Owner shall be solely responsible for maintenance and support services, any and all Software Product warranty or quality claims, any and all claims for infringement of third party intellectual property rights, and legal compliance.
3.4. Unless otherwise expressly provided for by the Owner, no technical support or maintenance services are provided for the Software Product being provided free of charge and including open-source or closed-source software. No guarantee of error-free and uninterrupted operation of the individual components, functions or fitness of such Software Product for the Customer's expectations, as well as accuracy, reliability or completeness of the information contained therein, is provided to the Customer.
3.5. In no event Yandex shall be treated as a party to the License Agreement between the Customer and a third party as the Software Product Owner, except when Yandex is expressly identified as the Software Product Owner and is a party to the License Agreement.
3.7. Yandex reserves the right to moderate the Software Products posted at the Service, including, but not limited to, removal of the Software Products from the Marketplace subject to a prior notice of removal of the Software Product to be given at any time before the beginning of the Reporting Period, starting from which the Software Product becomes unavailable on the Marketplace.
4. Limitation of Liability of Yandex
4.1. In no event Yandex shall be liable for the Software Products or for the content thereof offered on the Marketplace by a third party as Owners. Each Software Product Owner sets the level of service provided to the Customer at its sole discretion.
4.2. Yandex does not provide customer support with respect to the Software Products offered on the Marketplace by a third party. In case of any question or issue the Customer should directly contact the Owner of the respective Software Product.
4.3. Yandex shall be entitled, in its sole discretion, to terminate (temporarily or permanently) the Customer's access to the Marketplace (or individual functions thereof) and/or the Software Product subject to a prior notice, for security reasons or as a result of a serious breach of these Terms and Conditions, other legal agreements, Yandex regulations/standards, or applicable law by the Customer. If access to the Marketplace and/or the Software Product is terminated, the Customer may lose the data/files that are stored on the Marketplace/in the Software Product, and Yandex shall not be liable for the loss of such data.
4.5. Yandex shall not be liable for any third party claims related to the Software Products offered by a third party as Owners. Yandex shall not be liable for violations of third-party rights resulting from actions of a third party as Owners performed using the Services.
5. Restrictions on the Use of the Service
5.1. Unless otherwise expressly allowed by a separate agreement with the Software Product Owner, the Customer shall not:
5.1.1. copy, sell, license, distribute, decrypt, modify, adapt, create derivative works based on, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software Products other than allowed by applicable law, or do any action involving the source code or the object code of the Software Product with the intention to obtain information about implementation of the algorithms used in the Software Product, or otherwise use or cause to use the Software Product, any component thereof, or other data, without the written consent of the Software Product Owner;
5.1.2. do any action with the intention to circumvent or violate the security rules of the Service implemented through any function or technology;
5.1.3. use the Software Products to receive, copy, transfer, recode, or retransmit any content in violation of the law or third party rights;
5.1.4. delete, obscure, or alter any copyright notice, trademark, or other proprietary rights notices of Yandex or third parties that are enclosed to, or contained in the Software Products.
5.1.5. reproduce, duplicate, copy, sell, exchange and/or resell the Software Products from the Marketplace for any purpose.
5.2. If the Customer violates the conditions of use of the Service or these Terms, Yandex shall have the right to suspend the Customer's access to the Service.
6. Terms and Definitions
Software Product Owner/Owner shall mean a legal entity that holds the rights to the Software Product offered on the Marketplace.
License Agreement shall mean a legally binding agreement between the Software Product Owner and the Customer (that can be in the form of an electronic shrinkwrap license or other similar license) that provides such Customer with a non-exclusive license to use and/or otherwise use the Software Product on the Virtual Machine.
Marketplace shall mean a catalogue of the Software Products published by Yandex on the Platform to provide Customers with access to such Software Products.
Software Product shall mean any software product, access to which is granted to the Customer by the Software Product Owner on the Marketplace.
The terms used herein shall have the respective meanings given to them in the relevant Agreement.
Web address: https://yandex.ru/legal/cloud_terms_marketplace
Document publication date: February 18, 2019
Document version posting date: February 18, 2019Document version effective date: February 18, 2019