Office agreement on the provision of non-exclusive license for the use of computer programs

This document, constantly posted on the Internet at the network address https://cart.mosuk.ru/documents/legal-docments/license-agreement, is the proposal of the Moscow Management Company LLC (hereinafter-the Administration) conclude a licensed agreement on the provision of non-exceptlicenses for the use of a computer program on the conditions described below (hereinafter - the contract, the offer) with any individual or legal entity who will respond (hereinafter - the user) on the following conditions.

This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.

1. Terms and Definitions

1.1. The parties agreed that for the purpose of the offer, the terms below and definitions have the following value:

• "Offer" – A real offer containing in the meaning of paragraph 2 of Art.437 of the Civil Code of the Russian Federation, all the essential conditions of the license agreement expressing the will of the administration to conclude such an agreement on the conditions indicated in the offer with any legal or individual who will respond.Further, the offer is also understood as the contract itself.
• "Contract" – Licensed agreement on the provision of non -exclusive license.
• “Accept” – The response of any legal or individual about the full and unconditional acceptance of the offer by performing actions in accordance with this offer.
• "Administration" — Moscow Management Company LLC, which is the owner and copyright holder of exclusive rights to the service.
• "User" – Any legal or individual who showed interest in the service and accepts this Agreement in accordance with the terms.An individual who is a representative of a legal entity who has shown interest in the service and accepts the agreement is considered a competent representative, regardless of the fact of a request for supporting documents (power of attorney and others) by the administration.
• "Parties" — Administration and user.
• "Resources" — cart.mosuk.ru.
• "Software", "Software of LLC" Moscow Management Company "" — Any software, computer program, module, a set of modules, any set of programs available for purchase or download on the resources of the administration.
• “Partners programs" — Platforms, modules, themes, as well as a set of these programs from CS-CART available for purchase or download on the resources of the administration.
• "Payment systemsемы" — Service for transferring money or other funds that replace it (checks, certificates, conventional payment units or specialized securities) in electronic form.The payment system is set to choose from the administration.
• "Domain name", "Domain" — A unique alphanumeric name designed to identify user resource on the Internet
• "Service" – The platform located at the electronic address Cart.mosuk.ru, aimed at the proposal of an unlimited circle of services and products of the administration.
• "Purpose of the service" – proposal to the user and further acquisition by the user of products (computer programs) and administration services.
• "Personal Information" – any information related to a direct or indirectly identified or identified individual (“subject of personal data”);The identified individual is a person who can be identified directly or indirectly, in particular, by link to the identifier, such as the name, surname, patronymic (if any), identification number, individual taxpayer number, SNILS, banking details, year, month, date and place of birth, address, email address, phone number, family, social, property status, education, profession, income, metadata, which are transmitted to the operator in the process of using the service using the software user, one or more characteristicFor the specified person of physical, physiological, genetic, spiritual, economic, cultural factors or referring to the factors of social identity.
• "Terms of use", "Соглашение" — A document governing the rights of the User of the Service on a non -exclusive license provided from the moment the user agreement is accepted.
• "License database" Moscow Management Company "" — Data storage that contains information about the right to use the administration products on a particular domain name.Any software can be used exclusively on domains, information about which there is in the database of Licenses of the Moscow Management Company LLC.Using the administration software on domains not registered in the License database of the Moscow Management Company LLC is illegal.
• "Team"— An error in the program, identified when the administration’s programs are disconnected and the improvements of the administration.
• "IP address" – Number from the numbering resource of the data transfer network built on the basis of the IP (RFC 791) protocol, which unequivocally determines the provision of telematic communication services, including access to the Internet, a subscriber terminal (computer, smartphone, tablet, other device) or communication tools included in the information system and belonging to the user.
• "Cookie," cookie "files – A small data fragment sent by a web server and stored on the user device on which the counter is installed.Cookie files contain small fragments of the text and are used to store information about the work of browsers.In this Agreement, all these technologies are called “cookie” files.

1.2. All other terms and definitions found in the text of the Offer are interpreted by the parties in accordance with the legislation of the Russian Federation, the current recommendations (RFC) of international standardization bodies on the Internet and the usual rules for interpreting the relevant terms on the Internet.

1.3. Terms and definitions can be used both in the only and in the plural, depending on the context, writing terms can be used both with the title letter and with a capitalй.

1.4. The titles of headlines (sections), as well as the design of the offer are intended exclusively for the convenience of using its text and do not have a literal legal significance.

2. The contract action

2.1 The offer has been binding the administration since its receipt by the user.If the notification of the review of the offer was received earlier or simultaneously with the offer itself, the offer is considered not received.

2.2. The proper acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation is considered the user to carry out the aggregate of all these actions:

- Familiarization and acceptance of the terms of the user agreement and policy regarding the processing of perosonal data

- Payment for the provision of a non -exclusive license in accordance with the terms of this Agreement of the Administration;

- Receipt of access to the free version of the computer program;

Acceptance means that the user is familiarized, agrees, completely and unconditionally accepts all the terms of the contract in the form in which they are set out in the text of the offer.The user is notified that the acceptance means the conclusion of the contract on the conditions set forth in the offer.

2.3.The acceptance of the offer is confirmed that all and any conditions of the offer are accepted by the user entirely and completely without any reservations and restrictions, while the acceptance of the offer confirms that the user understands all the conditions for the provision of the service and conditions of the offer, that the user took advantage of the right to get everything from the administrationand any clarifications regarding the provision of services and offer, and also confirms that the conditions for the provision of services and offer are fully consistent with the will, needs and requirements of the user.

2.4.The contract is considered concluded if the acceptance was received by the administration until it posts on the site on the Internet Cart.mosuk.ru of the new offer or information that the administration does not intend to conclude an agreement in the future through a public offer.

2.5.The contract comes into force from the moment of conclusion and is valid until the fulfillment of obligations by the parties.

2.6.If any clause of the contract is not subject to literally and cannot be applied to the legal relations of the parties, it is interpreted in accordance with the current legislation of the Russian Federation, taking into account the initial interests of the parties, while the remaining part of the terms of the contract continues to be fully valid.

3. Contract

3.1.In accordance with this Agreement, the Administration provides the user with the right to use the programs for the administration of the right to issue licenses to other persons (simple (non -exclusive) license) under the conditions provided for by this Agreement, and the User accepts and pays the right to use in the manner prescribed by this Agreement.

3.2.The right to use programs is granted to the user from the moment of acceptance of this Agreement until the termination.

3.3.Distributions (copies) of programs are not transmitted to the user on the material medium, since the use of programs is carried out using the administration computing resources available through the administration website, authorization data (login, password, network address) for access to the user when concluding this Agreement.

3.4.The provision of a non -exclusive license for the right to use a computer program does not require a separate act of provision.A non -exclusive license is considered to be provided from the moment of the conclusion of this Agreement (i.e. from the date of payment under the contract (in the case of a paid license) or receiving the actual access to the license (in the case of the free version of the programs)).This paragraph is seen as an equivalent act for the provision of non -exclusive license.

3.5.By purchasing licenses for programs (platforms, modules and topics) on the resources of the administration, the user receives a licensed key that gives the right to use computer programs exclusively on those domains and in the number of installations that he paid.

3.6.After acquiring the programs by the User, In the Database of Licenses of the Moscow Management Company LLC, information is recorded on the right to use specific software on a specific domain name.Using programs on domains not registered in the License database of the Moscow Management Company LLC is illegal.

3.7.After acquiring the programs of partners (platforms, modules and topics) on the administration service, information on the right to use specific software on a particular domain name is recorded in the databases of the owners of these partners.

4. The right to use the program

4.1.A program, its components and individual components (including, but not limited: other programs, databases, software codes that underlie them, algorithms, design elements, fonts, logos, as well as textual, graphic and other materials) are objects of intellectual property protected in accordance with Russian and international legislation, any use of which is allowed only on the basis of the permission of the administration.

4.2.The administration of the present provides the user for the entire duration of this Agreement as a non -exclusive license to use programs in accordance with their direct functional purpose.

4.3.The right to use programs provided under this Agreement does not include the right to conclude sublicense agreements.

4.4.Within the framework of a non -exclusive license for the program provided by the User under this Agreement, the Administration also provides the user with the right to receive regular program updates within the same version (minor updates of the current release that are not a new version) and new versions of programs (major updates are new releases that are a new version) during the entire validity of this Agreement in the event that the administration issues such updates.Access to updates is provided for the period specified when buying a program.The administration does not guarantee regular program updating and unilaterally makes decisions on the need to develop and release a new version of the modules.The administration guarantees products compatibility only with the software specified in the description of the programs.The administration does not undertake the obligations to eliminate errors related to the installation of programs.

4.5.The user agrees that he does not have the right (including not entitled to allow anyone) to change, create derivatives, disassemble the program into the components of the codes, dizassembl, decompile or otherwise try to get the initial program code of the programs or any part, with the exception of cases,When there is a written permission, the administration for the commission of such actions.Otherwise, the user is fully responsible for such actions provided for by this Agreement, as well as international and Russian legislation.

4.6.This Agreement does not provide for the transfer of intellectual property of the administration (or part of it), with the exception of a non -exclusive license, which is provided on the basis of this Agreement.No provisions of this Agreement are the assignment of intellectual property rights or the rejection of these rights on the basis of legislation.

4.7.Programs contain or can contain other computer programs that are licensed (or sublessed) in accordance with the generally accessible GNU license or other similar licenses of Open Source, which, in addition to other rights, allow the user to copy, modify, redistribute certain computer programs or parts and get access to the originalcode.If any license for open source computer programs requires the administration to grant the right to use, copy or modify open source computer programs, which go beyond the rights granted by the contract, such rights have preemptive power over the rights and restrictions agreed uponIn the contract.

4.8.The free version of the program may contain a link to the resources of the administration.

4.9.The software of the Moscow Management Company LLC completely belongs to the administration and cannot be used on domains that are not registered on the resources of the administration.

4.10.The license can be used on several domains only if the license was purchased for several domains.A license for a free version of the administration software should also be registered on the resources of the administration.

5. The rights and obligations of the administration

5.1.The administration undertakes to make all reasonable efforts to the gradual improvement of software, correct errors in their work, however, the programs are provided to the user on the principle of “as is”.This means that the administration:

5.1.1.does not guarantee the lack of errors in the work of programs;

5.1.2.is not responsible for the uninterrupted operation of programs;

5.1.3.It is not responsible for the compatibility of programs with other programs and user equipment;

5.1.4.It is not responsible for causing any losses that arose or may arise in connection with or when using programs;

5.1.5.It is not liable for non -fulfillment or improper performance of their obligations due to failures in telecommunication and energy networks, actions of malicious programs, as well as unscrupulous actions of third parties aimed at unauthorized access and (or) failure of the software and (or) hardware complex of the administration or otherpersons providing the functioning of programs.

5.2.In case of a bug is detected, the administration is responsible for its correction, and corrects it within 30 calendar days for non -critical bugs and minor corrections and within 5 working days in the event of a critical bug and the need to correct it.

5.3.The administration is not responsible for correcting errors of the programs of partners provided by the administration.

5.4.The criticism of the bug is determined by the administration upon receipt of a notification from the user about the presence of a bug.The criticism of the bug is determined by the types of errors that arise when using the program by the user.If the program is impossible to use or this affects the main functions of the user's site, the bug is recognized as critical.

5.5.The following errors cannot be recognized by Bagam:

5.5.1.The problem caused by the operation of the service;

5.5.2.Functionality that is not declared in the description of the user's website;

5.5.3.functionality that is not declared in the request for the acquisition of a license for the program by the user;

5.5.4.Conflict of several decisions in one attitude (using the same hooks with modules or conflict of redundancy);

5.5.5.The problem of performance in the user ecosystem (server settings, server restrictions, software versions, excessively large catalogs);

5.5.6.Problems when using not the latest version of the program;

5.5.7.Improper update, problems as a result of updates;

5.5.8.Improper use of the program.

5.6.The administration is obliged to ensure access to the personal data of the User only those who directly process the user's personal data.

5.7.The administration is obliged to observe confidentiality in relation to the personal data of the user and prevent attempts to unauthorized use of personal data of the user by third parties.

5.8.The administration reserves the right to request electronic copies of documents to confirm the legal and legal capacity of the user.

5.9.In case of a violation by the User of any of the terms of this Agreement, the Administration reserves the right to terminate the user access to the programs, including by blocking access to the administration of the administration through the IP address, from which the most visits to information resources were committed, and also refuse to refusefrom the execution of this Agreement unilaterally and terminate it.

6. Rights and obligations of the user

6.1.The user has the right to use the programs not prohibited by this Agreement and the current international and Russian legislation.

6.2.The user is obliged to use the program exclusively in the way designated by this Agreement.

6.3.The user is obliged to notify the administration of any unauthorized access of a third party to the program.

6.4.When using programs, the user undertakes not to violate the intellectual and other rights of the administration and third parties.

6.5.When using programs, the user is obliged to comply with the requirements of the current legislation in these areas, including ensuring the compliance of the posted information in online stores with the established requirements.

6.6.The user does not have the right to interfere in the programs, their object and/or source code, both independently and by providing third parties with the possibility of intervention, including, but not limited to the following cases:

• Disassemble, decompile (converts object code into the source text) programs (including all other programs, databases, pre -installed structures/substructures, and other components), with the exception of cases, and only in a volume in a vicious way permitted by the applicable law.If the applicable legislation resolves such actions, any information obtained in this way should not be disclosed to third parties, unless such disclosure is provided with applicable law, and the administration should be immediately reported about the fact of such information.All such information is confidential and belongs to the administration;
• Modify, adapt or translate programs, including amending the object code of their programs or databases to them, with the exception of those changes that are made by means included in the set of programs and described in the documentation for them;
• Make changes to the programs, including for the functioning of the user's technical means and correct errors without the preliminary written consent of the administration, with the exception of those changes made by the means included in the programs and described in the documentation for them;
• To exchange data stored in programs or for entering into programs through third -party software without using the programs themselves.

6.7. The user does not have the right to distribute copies of the programs or their parts and/or carry out other actions aimed at extracting commercial benefits in relations with third parties from the use of programs not provided for by this agreement, including not limited to the following cases:

• To rent, rental or otherwise temporarily provide programs in whole or in part;
• Allow to copy the programs entirely or in part to other computers, or similar devices.

6.8. The user agrees that the administrations will compensate the losses incurred by him in connection with the user of programs with violation of this Agreement and Rights (including intellectual, information, etc.) of third parties.

7. Guarantees and restrictions, assurances about circumstances

7.1.The administration guarantees that it has all legal grounds to grant the user the right to use programs and programs of partners under this Agreement.

7.2.The administration guarantees that the conclusion of this Agreement does not require approval by the administration management bodies, other approval or compliance with the special procedure for transactions in accordance with the requirements of the legislation of the Russian Federation and registration/constituent documents of the administration, since this Agreement is not for the administration a transaction that goes beyond its usualeconomic activity.

7.3.The parties guarantee each other that they have the necessary legal and legal capacity for the implementation of their activities, concluding and fulfilling this Agreement, that the conclusion of this Agreement does not require the approval by the bodies of their management, other coordination or compliance with the special procedure for making transactions in accordance with the requirements of the legislation and registration/constituent documents.

7.4.All information and documents provided by the parties to each other in connection with the conclusion of this Agreement are reliable.

7.5.The conclusion of this Agreement does not violate any rights and obligations of the parties to third parties.

7.6.None of the parties participates and is not connected in any way with any transaction or other obligation by which it is in a situation of non-fulfillment of its obligations, or is obliged to fulfill its obligations ahead of schedule, or in which it can negatively affect the ability of the party to fulfill the takenShe under this agreement is obliged to be informed about which the other party was not informed.

7.7.The user agrees never and under no circumstances to use computer programs in order to carry out actions prohibited or limited by Russian or other applicable law.

7.8.The user agrees that the administrations will compensate for any losses incurred by the latter in connection with the user of programs, with violation of this Agreement and Rights (including intellectual, information and other) third parties.

7.9.The user assumes all the risks associated with the implementation and use of the program, including the risk of non -renewal of the expected profit from using the program, the risk of software failure after installing the program.

7.10.The administration is not responsible to the user for any damage (including, among other things, losses caused by interruption of business, loss of income, turnover, business reputation or data lost, any indirect, random, special, penalty or indirect losses) relatedusing the program or the inability to use the program.

7.11.In the event that the legislation of the country of the user does not allow restrictions on liability or the responsibility of the administration is recognized by the court, the administration will be liable only for the actual damage suffered as a result of the use of this program, if the damage is caused due to the fault of the administration, or if the damage is caused by the reasons that the administration knew orI had to know.

7.12.The maximum amount of liability of the administration is limited by the amount that the user paid for one full license.

8. Payment order

8.1. In accordance with the terms of this Agreement, the service provides for the following types of payment (compensation) for the provision of a non -exclusive license for the program:

8.1.1. 100 % prepayment on the basis of an account issued by the administration.

8.2.The cost of the license includes a commission charged by banks or payment systems for making payment.

8.3.The user pays for the commission expenses (if there are such), while the cost of services is defined as the difference in the amount of the payment made by the User and the amount of the retained commission.

8.4.Payment is made on the basis of paragraph 8.1 of this Agreement and is carried out at its choice:

8.4.1. Transfer to the settlement account of the administration;

8.4.2. Through electronic payments using payment systems.

8.5.In order to make a transfer of funds, the service user is redirected to the protected page of the payment system or bank, where it introduces the details of the bank card.With the help of the service, the administration does not process any circumstances and does not storage the details of the bank cards of users.Processing and preservation of the details are stored and processed, payment safety is provided by payment systems or a bank that operates on the basis of modern protocols and technologies developed by the VISA International and Mastercard Worldwide (3D-Secure: Verified by Visa, Mastercard Securecod E) and national payment system"Mir" (MiracCept).Processing the data of the card holder having a card account in the issuing bank on the basis of its own account of the card of an individual with the bank, is made in the banking center of the bank certified by PCI DSS.

8.6. When transferring funds using the service, the user is obliged to independently and under his liability to check the correctness of the details in order to transfer funds using the functionality of the service.

8.7. Cash receipt on the payment of payment in accordance with paragraphs 8.4 of this Offer is provided to the user in one of the following methods:

8.7.1. By sending the user to the e -mail indicated when sending a license to receive a request;

8.7.2.By sending a link to the user's phone specified when sending a license to receive a request.

8.8. The user who is a legal entity or individual entrepreneur pays under this Agreement by bank transfer to the bank account on the basis of the issued account.

8.9. A request for billing is sent by user by e -mail Cart@mosuk.ru.

8.10. For legal entities and individual entrepreneurs, payment is also allowed using a corporate bank card issued for the relevant legal entity or individual entrepreneur.

8.11. For the purpose of this offer, payment is considered to be made by the user from the moment of receipt of funds to the settlement account of the administration.

8.12. The obligations of the user for payment in accordance with this Agreement are considered executed from the moment of receipt of funds to the settlement account of the administration.

8.13. On the issues of the procedure for refusing the program, as well as the refund of funds, the user is obliged to contact the administration by sending the relevant application for the refusal of the product and the return of funds to the electronic address of card@mosuk.ru.The application must indicate the number and type of confirming document on the order made, for which the client wants to receive a refund.The client should also indicate the reason why he wants to make a return.The client will receive a response email with a decision on a return within 1-2 business days.

8.14. A full return of funds by the User minus the actual costs of the administration (commission of banking, credit organizations and relevant payment systems for receiving funds and for the return of funds to the user) is carried out by the administration, provided that the User submits the written request to the electronic address of the Cart@mosuk.ru administration aboutreturn of funds until 30 days from the date of payment made.

8.15. The user has the right to refund cash for the purchase of a program (license, module, module package), including those purchased at a discount or as part of the action.

8.16. The refund for the programs of partners is not provided.

8.17. When submitting an application for a refund, the user is obliged to reimburse all the actual expenses of the administration, including, but not limited to, commission of banking, credit organizations and the relevant payment systems for receiving funds from the user and for the return of funds to the user.

8.18. The refund cannot be carried out after the period of the refund expires.

8.19. You can return the money only for the purchase of the first license for the program.If the user has purchased more than one license for the same product, the refund will not be made.

8.20. In case of violation by the user of the accepted conditions of the offer and its conditions, the funds are not returned to the administration and go to repay the losses of the administration, and are also regarded as a penalty of the administration for violation of the terms of the contract.

9. Final provisions

9.1.The contract, its conclusion and execution is regulated by the current legislation of the Russian Federation.All issues that are not regulated by the contract in accordance with this offer or regulated not completely, including in terms of responsibility and resolution of disputes, are regulated in accordance with the legislation of the Russian Federation.

9.2.The recognition by the court of any provision of this Agreement invalid or not to be forced to execute does not entail the invalidity of its other provisions.