License Agreement for the Use of the “Visual Bookmarks” Program
We would like to draw your attention to the fact that starting from June, 3rd 2013, this License agreement shall be void and shall be replaced by the License Agreement to use of Yandex desktop software, the current version of which is available at https://yandex.ru/legal/desktop_software_agreement/?lang=ru. Please do consider all references to this License Agreement as references to the License Agreement to use of Yandex desktop software.
This document is a translation of License agreement for the Use of the “Visual Bookmarks” Program in English. In case of conflict between the Russian version of License agreement for the Use of the “Visual Bookmarks” Program and this translation - only the Russian version of License agreement for the Use of the “Visual Bookmarks” Program is legally binding. The Russian version of License agreement for the Use of the “Visual Bookmarks” Program can be found here: https://yandex.ru/legal/vb_agreement/?lang=ru.
Before using the program, please, read the terms of the license agreement below. Any use of the program by you means your full and unconditional acceptance of its conditions.
If you do not accept conditions of the license agreement in full, you have not the right to use the program for any purpose.
1. General Provisions
1.1. This License Agreement (hereinafter referred to as the License) sets the terms of using the “Visual Bookmarks” computer program (hereinafter referred to as the Program) and is concluded between any person using the Program (hereinafter referred to as the User) and LLC YANDEX, 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 personal computer 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 purpose. Using the Program with violation (nonfulfillment) of any of the terms of this License is prohibited.
1.4. Use of the Program 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.
1.5. 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.
1.6. 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 belongs to the Rightholder.
3.1. The Rightholder furnishes the User for no compensation with a non-transferable right to use the Program worldwide 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 personal computer(s) of the User. The User has the right to install the Program on an unlimited number of personal computers. When installed on a personal computer, 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).
4.1. Except when the License is used to the extent and in a manner expressly provided for in this License or the legislation 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 use the Program (allow it to be used) otherwise without a written consent of the Rightholder.
4.2. The User has not the right to reproduce and distribute the Program for commercial purposes (for a fee), including as part of collections of software products, without a written consent of the Rightholder.
4.3. The Program must be used under the name “Visual Bookmarks”. The User has not the right to change the name of the Program, modify and/or delete the copyright notice or other reference to the Rightholder.
5.1. The User is hereby notified and agrees that in case of activation in the Program of the function of anonymous statistical information transmission to improve the quality of the Rightholder’s services, anonymous (without reference to the User) information about visited sites and downloaded files will be automatically sent to the Rightholder until the said function is deactivated.
6. Liability Restrictions under the License
6.1. The Program is provided on the “as is” basis. The Rightholder provides no warranties regarding error-free and uninterrupted operation of the Program, inconsistency of the Program with particular goals and expectations of the User, integrity of files and/or data of the User and provides no other warranties not expressly provided for in this License.
6.2. To the maximum extent allowed by the effective legislation, the Rightholder bears no liability for any direct or indirect consequences of any use of or impossibility to use the Program, and/or damage caused to the User and/or third parties as a result of any use or non-use of the Program, including due to possible errors or failures of the Program.
6.3. 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 computer, the version of the Program and the Program ID, the status of the Program operation.
7. Updates/New Versions of the Program
7.1. 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.
8. Change of the Terms of this License
8.1. This license agreement may be unilaterally changed by the Rightholder. The notification of the User of changes in the terms of this License is published on the page: https://yandex.ru/legal/vb_agreement/. The specified changes in the terms of the license agreement come into force from the date of their publication, unless otherwise specified in the corresponding publication.