2GIS for Browser Application License Agreement
This document, 2GIS for Browser Application License Agreement, is an offer of 2GIS LIMITED Company (hereinafter—the Rightholder) to enter into an agreement on the terms and conditions stated below.
Before using 2GIS for Browser Application (hereinafter—the Application), please read the terms of this License Agreement attentively.
1. General Provisions
1.1. By using the Application, you agree that:
а) You have read the terms of this License Agreement prior to beginning of use of the Application.
b) Use of the Application in any form means that you accept all terms of this License Agreement, without any exceptions or restrictions on your part, and also accept Google Terms of Service placed on the Internet at http://www.google.com/intl/en/policies/terms/). The Application may not be used on any other terms and conditions.
c) If you do not agree with the terms of or are not authorized to enter into this License Agreement, you should immediately cease any use of the Application.
d) The Rightholder may alter the License Agreement (including any part of it) without any notice. A new version of the License Agreement shall enter into force after it has been published on the Rightholder’s Website unless otherwise provided for in such version.
1.2. Words and expressions used in this License Agreement have the following meanings unless otherwise expressly defined hereafter:
а) The License (the License Agreement) — the present 2GIS Browser Application License Agreement.
b) The Rightholder — 2GIS LIMITED Company, registered in accordance with the legislation of the Republic of Cyprus, registered at: 12 Esperidon Street, 4th floor, 1087 Nicosia, the Republic of Cyprus.
c) The User — an entity who has entered into this License Agreement with the Rightholder for its own benefit or for the benefit of third parties in accordance with the requirements of the applicable law and this License Agreement.
d) The Application — 2GIS Browser Application owned by the Rightholder, designed for detection and viewing of phone numbers on websites (web pages) in the Internet; identification of organizations which possess of such numbers or websites (web pages), further display of reference information about such organizations, as well as facilitated dialing of phone numbers on the User's mobile device (if necessary Rightholder’s software is installed on the mobile device), as well as all future updates and modifications of 2GIS Browser Application designed for use on desktop personal computers.
e) The Commercial Use — intended use of Application that is beyond the permitted use under this License Agreement, in order to obtain an income (profit) when the user is an individual or to derive business profit, including providing access to or delivering the Application on a commercial basis, i.e. for a fee or any counter provision of goods, works, services, or with simultaneous provision of goods, works, services on a commercial basis, in one form or another when the user is a company or sole proprietor.
f) The Rightholder’s Website — websites located in the domains at 2gis.com.cy, and other domains included in the domains 2gis.com.cy.
g) PIN — a unique sequence of figures generated by the soft hardware of the Rightholder at request of the User and intended for communication between the Application and other software of the Rightholder.
2. Exclusive Rights
2.1. The Rightholder owns all exclusive rights to the Application. All rights to the intellectual property included in the Application and the user documentation related to it belong to the Rightholder and are protected by the current legislation. The Rightholder guarantees that the Rightholder has all necessary power and authority for licensing and distribution of the Application and also the user documentation accompanying the Application.
2.2. The Rightholder reserves the exclusive rights to any results of processing (modification) of the Application permitted by this License Agreement, and may at any time revoke its permission for use thereof at its discretion, without compensation of any expenses incurred by the User in creating and applying them.
3.1. The Application shall be used in strict compliance with the terms of this License Agreement. If the User does not accept any and all terms of this License Agreement, the User shall not be entitled to use the Application for any purpose. The Application may not be used if the User violates (non-performs) any conditions of this License Agreement.
3.2. The rights to use and ways of using the Application that are not expressly provided/allowed to the User under the present License Agreement are considered not-granted/forbidden by the Rightholder.
3.3. The Application is allowed for non-commercial use at no cost, subject to the terms and conditions of this License Agreement. The Application is allowed for use on conditions and in manner not provided for by this License Agreement only possible on the basis of a separate agreement with the Rightholder.
3.4. The Rightholder may place any information and/or advertising materials and links to websites of third parties into the Application, and to provide the right to use the Application in the manner given as aforesaid to any third party under a separate agreement.
4. Rights of the User
4.1. The Rightholder hereby grants to the User a worldwide non-exclusive non-transferable license to use the Application in the ways specified in the present section.
4.2. Intended Use of the Application
The User has the right to use the Application for its intended purpose, and to that end, to install it on a desktop personal computer (hereinafter—the Device).
In accordance with this paragraph, the User may install the Application on an unlimited number of Devices as well as to store a copy of the Application in or install it on a data storage device (such as a network server) designed and used solely for installation and operation of the Application on other computers within a LAN.
4.3. Reproduction of the Application
The User may reproduce the Application, copies of which are distributed by the Rightholder, for non-commercial purposes at no cost on any Devices and other types of physical media provided that no modifications are made in the combination, composition and content of the Application as compared with the way it is provided and/or recommended for use by the Rightholder.
4.4. Distribution of the Application
The User may distribute the Application by delivering copies thereof reproduced in accordance with paragraph 4.3 of this License Agreement, for non-commercial purposes at no cost and with respect for their integrity unless otherwise provided for by a written permission of the Rightholder.
4.5. To enjoy communication between the Application and other software of the Rightholder, the User shall enter PIN received from the Rightholder.
4.6. Use of the Application in accordance with this section shall be permitted subject to the User’s observance of restrictions imposed by this License Agreement.
5. Restrictions on Use
5.1. The User has no right, by its own efforts or with the assistance of third parties, to:
5.1.1. Hack technology, emulate, create new versions, modify, decompile, disassemble, decrypt and perform other actions with the code of the Application in order to breach the security system protecting the Application from unauthorized use, as well as to receive information on implementation of the algorithms used in the Application.
5.1.2. Create derivative works based on the Application.
5.1.3. Reproduce and distribute the Application for commercial purposes without a written consent of the Rightholder.
5.1.4. Distribute the Application in a form different from the one in which the User received it, without a written consent of the Rightholder.
5.1.5. Remove or in any way modify or prevent identification of the Application, trademarks, notices of copyright, confidentiality, ownership and any other notices and marks contained in the Application.
5.1.6. For any reason, modify or disable the Application licensing mechanism.
6. Automatic Updates
6.1. The Application may periodically interact with the Rightholder’s soft hardware to check for updates (modifications) of the Application (hereinafter—the Updates).
6.2. By installing the Application, the User agrees that they may make respective queries and receive and install the Updates in automatic mode.
7.1. By entering into this License Agreement, the User agrees to collect and deliver to the Rightholder non-personal information on the nature and methods of use of the Application, other technical information as well as data that is automatically conveyed to the Application in the course of its use, including an identification number of the User’s mobile device (if the required Rightholder’s software is installed on the mobile device).
8. Liability under the License
8.1. Seeing that under this License the right to use the Application is granted for non-commercial purposes and at no cost, the laws and regulations concerning the protection of consumer rights shall not be applicable to the relations of the Parties under this License.
8.2. The Application is granted on an “as is” basis which means that the Rightholder does not provide to the User any guarantee that: the Application will meet the User's requirements, the Application will operate in a continuous, timely, reliable and error-free manner; results which can be received with its use will be accurate and reliable; all errors will be corrected.
8.3. The Rightholder shall make every effort to ensure that the reference information provided to the User through the Application will be accurate, but it does not give any guarantee as to the accuracy of such information and assumes no responsibility for it. The User applies any materials and data received through the Application at its own risk, the Rightholder shall not be responsible for any loss of profit or other damage incurred by the User as a result of use of the Application.
8.4. All information and/or advertising materials displayed through the Application are provided by third parties. The Rightholder shall not be responsible for the reliability of information and/or advertising materials of third parties, the availability and content of their websites, or for any consequences of use of information and/or advertising or websites of third parties.
8.5. The Rightholder shall not be liable for any direct or indirect consequences of any use of or inability to use the Application and/or damages caused to the User and/or third parties as a result of any use, non-use or inability to use the Application or its separate components and/or features, including possible errors or failures in the Application.
8.6. Since the Application is subject to the continuous process of updating and adding new features, the form and nature of provided products and services may be changed from time to time without prior notice. The Rightholder shall have the right, at its sole discretion, to stop (permanently or temporarily) providing the Application (or any parts of the products or services facilities) to all Users in general or to a specific User in particular, and also change or revoke the License without prior notice.
If the User provides to the Rightholder any ideas, reviews, offers, materials, information, opinions or other data related to use of the Application (Feedback), the Rightholder shall not be obliged to read, study or implement such Feedback, and all such information is provided without confidentiality obligations, and the Rightholder has an unconditional and unlimited right to use, reproduce, modify and disclose such Feedback without any compensation or indication of authorship.
8.7. The User shall be held liable for any breach of the obligations set forth in this License Agreement and (or) the current legislation of the Russian Federation, as well as for any consequences of such violations (including any damage that may be incurred by the Rightholder or third parties).
8.8. The Rightholder reserves the right to prosecute violators of its exclusive rights on the Application in accordance with the civil, administrative and criminal law at its own discretion.
9. Final Provisions
9.1. This License Agreement, its conclusion and execution as well as all matters not regulated hereby shall be governed by the current legislation of the Republic of Cyprus.
9.2. All disputes arising out of or in connection with this Agreement are subject to jurisdiction of courts at the Rightholder’s location in accordance with the Arbitration Rules of the Cyprus Arbitration and Mediation Center in the version which is effective at the time.
9.3. The Rightholder may unilaterally amend or terminate this License Agreement without prior notice and without payment of any compensation to the User.
9.4. The current version of this License Agreement is available on the Rightholder’s Website at: http://law.2gis.com.cy/browser-licensing-agreement/.
In case of conflict between the version of the License Agreement distributed together with copies of the Application and the latest version of the License Agreement posted on the Rightholder’s Website, the latter shall prevail.
Rev. as of August 01, 2014