Syrinx Software Development Kit License Agreement
This License Agreement (hereinafter referred to as the License) is concluded between any person using the Syrinx Software Development Kit (Syrinx SDK) (hereinafter referred to as the User) and YANDEX LLC, having its registered office at 16 Leo Tolstoy St., Moscow 119021 Russia (hereinafter referred to as the Right Owner), which is the owner of the exclusive right to the Syrinx SDK.
1. General Terms
1.1. The Syrinx SDK (hereinafter referred to as SDK) may be used by the User for studying technical operating rules of individual elements of the Syrinx technology, the right to which is owned by the Right Owner, and/or for studying technical conditions for ensuring interaction of individual elements of the said technology with software created by the User. SDK shall be permanently available for download at http://tech.yandex.com/syrinx. Demo versions of the programs (applications) created by the Right Owner with the use of SDK and available for use pursuant to this License shall be available for download at: http://tech.yandex.com/syrinx. For purposes hereof, such demo versions shall be deemed as part of SDK.
1.2. By using SDK, its parts or its functions in any manner, the User expresses his full agreement with the terms of this License, to the full extent, without any reservation and exception. If the User does not agree with the terms of the License to the full extent, the User may not use SDK. Using SDK in violation of (without meeting) any of the terms hereof shall be prohibited. If the User does not agree with the terms of this License, the User shall refrain from using SDK.
1.3. Use of SDK on terms and in a manner not provided for in this License shall be only possible under a separate agreement with the Right Owner
1.4. This License and all relations in connection with the use of SDK shall be subject to the Russian law and any claim or lawsuit arising out o f this License or in connection with the use of SDK shall be filed to and considered at a court of the Right Owner’s jurisdiction.
1.5. The Right Owner may furnish to the User a translation of this License from Russian into other languages, but in case of conflict between provisions of the License in Russian and its translation, exclusively the Russian version of the License shall have legal effect.
1.6. Along with the License, the following documents shall apply to the relations between the Right Owner and the User in connection with the use of SDK:
1.6.1. The Yandex Services User Agreement, permanently available at: https://yandex.ru/legal/rules
2. Exclusive Rights
2.1. Exclusive rights to SDK shall belong to the Right Owner. This Agreement shall not imply alienation or transfer of such rights.
2.2. Exclusive rights to software or to other results of intellectual activity, created with the use of SDK, shall belong to their creators. The Right Owner shall not acquire rights to the specified items, except for the right to demand incorporation of the notice as per Clause 3.3 of the License.
3.1. The Right Owner shall grant the User a non-transferrable right to use SDK worldwide, on terms of an ordinary (non-exclusive) license, as follows:
3.1.1. To use SDK for its direct functional purpose as per Clause 1.1 hereof, for which purpose to download (copy) and reproduce SDK on the User’s devices. The User may use SDK on an unlimited number of devices.
3.2. The User may not distribute SDK. The User may not change the title of SDK, change and/or delete the copyright notice or other references to the Right Owner if such are incorporated in SDK.
3.3. Paid or free distribution of software created with the use of SDK shall be allowed given a notice stating the software has been created with the use of SDK. The said notice shall read “Created with the use of Syrinx SDK by Yandex” (for software supporting the Russian language) and shall be incorporated in the “About Program” section of the program interface, in the textual description of the program on the download page and in the program description file included in the program installation package (if such file is created). Such notice in Latin characters shall read “Uses SDK Syrinx by Yandex”.
4. Restriction on Use and Liabilities of the Parties
4.1. The User is notified and agrees that the Right Owner may change the form, the structure and principles of SDK compilation and functioning with no prior notice to the User. The User is aware that later versions of SDK may differ from the earlier versions and that results obtained by the User with the use of an earlier SDK version may be incompatible with a later SDK version.
4.2. The User is notified and agrees that the Right Owner may suspend or discontinue creation of new versions of SDK as well as suspend or discontinue support of released versions with no prior notice to the User.
4.3. The License shall not grant the User the rights to use intellectual property belonging to the Right Owner, including without limitation, the rights to use trademarks, logos, domain names and elements of the Right Owner’s corporate identity.
4.4. It shall be prohibited to mislead users of objects created with the use of SDK, including without limitation, in the form of the User’s representations as regards the Right Owner’s warranties with respect to features of the object created with the use of SDK, the Right Owner’s inspection and approval of such object, division of responsibility for the object quality between the User and the Right Owner.
4.5. It shall be prohibited to use SDK for creating malicious software affecting devices and networks, launching unlawful actions or performing functions prohibited by the effective laws.
4.6. An object created in violation of the rules hereof may be disabled, at the discretion of the Right Owner and with no notice to the User, to interact with the Right Owner’s equipment and/or software and the Right Owner’s services.
4.7. The User shall independently ensure the compliance of software developed with the use of SDK with the requirements of the effective laws, particularly, as regards protection of rights of personal data subjects. The Right Owner shall bear no liability to the User or any third party for defects in software developed with the use of SDK, for violation by such software of rights and legitimate interests of persons and the effective laws.
4.8. SDK shall be provided “as is”. The Right Owner shall provide no warranties regarding error-free and uninterrupted operation of programs created with the use of SDK, consistency of SDK with specific goals and expectations of the User, and shall provide no other warranties not expressly mentioned herein.
4.9. To the maximum extent allowed by the effective laws, the Right Owner shall bear no liability for any direct or indirect consequences of any use of or inability to use SDK and/or damage caused to the User and/or third parties as a result of any use or non-use of SDK, including due to possible errors or failures in the performance of programs created with the use of SDK.
4.11. The Right Owner may send messages to the User in connection with relations on the usage of SDK, including messages the content of which may be deemed as advertising in accordance with the effective Russian laws. By starting to use SDK in any form, the User expresses consent to receive such messages from the Right Owner.
5. Updates and New Versions
5.1. The Right Owner may offer to the User updates that are aimed at improving SDK features and may be in the form of patches, additional modules, data arrays or fully new versions. The User is hereby notified of this and agrees to receive the Right Owner’s notices of the availability of new elements or new versions of SDK.
5.2. This License shall cover all future updates/new versions of SDK. By receiving an update/new version, the User shall agree with the terms of this License for the corresponding updates/new versions of SDK unless SDK version updating requires any other license agreement.
6. Changes in the Terms of the License
6.1. This License Agreement may be unilaterally changed by the Right Owner with no prior notice to the User. The current version of the License shall be permanently available at: https://yandex.ru/legal/syrinx_sdk_agreement Such changes in the terms of the License Agreement shall take effect as of the date of their publication at the specified address unless otherwise stated in a corresponding publication.