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:

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. License

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. Restrictions

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:

6. Fee for the use of the Database

6.1. General provisions

6.1.1. The Rights holder shall grant the User an access to the Database for a fee. The fee shall be paid to the Rights holder by the User in the form of an advance payment.

6.1.2. The Rights holder shall grant access to the Database from the receipt moment of the fee from the User, and the Rights holder shall reserve the right to grant access to the Database until the receipt moment of the fee. The Rights holder shall be considered as having fulfilled its obligations to grant access to the Database at the access moment.

6.1.3. The fee for access to the Database shall not be subjected to VAT, in accordance with Subsection 26, Section 2, Article 149 of the Tax Code of the Russian Federation.

6.1.4. The Rights holder has the right to provide to the User the access to the Database without extra charge both for the purpose of familiarization and for other purposes, determined by the Rights holder. The Right holder can provide the mentioned access to the User both in case of performing specific actions by the User, ( for example - the activation of access in Program’s settings, the payment of access for a long period of time etc.), and also without performing any specific actions by the User. The conditions of the providing such access shall be determined by the Rights holder. For the avoidance of any doubts, the providing to the User such access is the right, but not the responsibility of the Rights holder.

6.1.5. The Rights holder shall have the right to unilaterally change the provision period of access to the Database and amount of the relevant fee.

6.1.6. The provision period of access to the Database and amount of the corresponding fee shall not be changed in respect of the fee actually paid for the corresponding period of access, on condition that it had been paid for before the new conditions’ entry into force.

6.2. Terms of the fee payment through the web interface “Yandex.Music”

6.2.1. The period for which the access to the Database is granted (access period), as well as the fee amount corresponding to the provision period of access shall be specified on the Internet at: http://music.yandex.ru/#!/payments.

6.2.2. In case of a change in provision periods of access to the Database and/or the amount of the corresponding fee, the amended terms shall enter into force on their publication on the Internet at: http://music.yandex.ru/#!/payments.

6.3. Terms of the fee payment at the APP STORE

6.3.1. The period for which the access to the Database is granted, as well as the fee amount corresponding to the provision period of access shall be specified on the Program’s page at the APP STORE on the Internet at: https://itunes.apple.com/ru/app/andeks.muzyka/id520797969

6.3.2. The fee payment based on the technology “In App Subscriptions”, provided by Apple Inc., as well as the automatic renewal of access to the Database (Subscription) shall be conducted based on the terms posted on the Internet at: http://www.apple.com/legal/itunes/ww/.

6.4. Terms of the fee payment at Google Play

6.4.1. The period for which the access to the Database is granted, as well as the fee amount corresponding to the provision period of access shall be specified on the Program’s page in the YANDEX Developer Program at Google Play on the Internet at: https://play.google.com/store/apps/developer?id=Yandex.

6.4.2. The fee payment based on the technology “In-app Billing Subscriptions”, provided by Google Inc., as well as the automatic renewal of access to the Database (Subscription) shall be conducted based on the terms posted on the Internet at: https://play.google.com/intl/ru_ru/about/play-terms.html.

6.4.3. The Rights holder shall have the right to provide the User with an opportunity to pay the fee through the web interface “Yandex.Music”, through a corresponding Program option. If the User uses the opportunity provided by the Rights holder to pay for access through the web interface “Yandex.Music”, the provisions of Section 6.2 of this License shall apply in respect of such payment.

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.ru/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.

 

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Date of publication: 23.10.2014

Previous version of the document https://yandex.ru/legal/music_mobile_agreement/23052013/?lang=en.