2GIS Dialer Application License Agreement (inoperative from April 27, 2015)
This document, 2GISDialer 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 Dialer 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 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 Agreement, without any exceptions or restrictions on your part. 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 Agreement, you should immediately cease any use of the Application.
d) The Rightholder may alter the Agreement (including any part of it) without any notice. A new version of the Agreement shall enter into force after it has been placed on the Rightholder’ Website at http://law.2gis.com.cy/dialer-licensing-agreement/ unless otherwise provided for in such version.
1.2. Words and expressions used in this Agreement have the following meanings unless otherwise expressly defined hereafter:
а) The License (the Agreement)—the present 2GIS Dialer Application 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 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 Agreement.
d) The Application—2GIS Dialer Application owned by the Rightholder, designed for quick search for contacts on the Mobile Device including search by a part of a number/name, speed dialing (2–9), call history grouping, and all its subsequent updates and modifications designed for use on the Mobile Devices.
e) The Mobile Device—a mobile device with Android operating system.
f) The Commercial Use—intended use of Application that is beyond the permitted use under this 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. The Commercial Use may be permitted by the Rightholder based on a separate agreement.
2. Exclusive Rights
2.1. The Rightholder owns all exclusive rights to the Application.
2.2. The Rightholder reserves the exclusive rights to any results of processing (modification) of the Application permitted by this License, and may at any time revoke its permission to use the Application 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. If the User does not accept any and all terms of this License, 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.
3.2. The rights to use and ways of using Application that are not expressly provided/allowed to the User under the present 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. The Application is allowed for use on conditions and in manner not provided for by this Agreement only possible on the basis of a separate agreement with the Rightholder.
4. Rights of the User
4.1. The Rightholder hereby grants the User a worldwide non-exclusive nontransferable 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 the Mobile Device. In accordance with this paragraph, the User may install the Application on an unlimited number of Mobile Devices.
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 Mobile Devices 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 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. Use of the Application in accordance with this section shall be permitted subject to the User’s observance of restrictions imposed by this 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 a 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 trademarks, industrial designs and notices of copyright and any other rights contained in the Application.
6. Automatic Updates
6.1. The Application may periodically interact with the Rightholder’s soft hardware to check for updates of the Application (hereinafter—the Updates).
6.2. By installing the Application, the User agrees that they may make queries and receive and install the Updates in automatic mode.
7.1. By entering into this 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 information on the status of the Internet on the Mobile Device; on content of the internal memory of the Mobile Device; on an identification number of the Mobile Device; on the location of the Mobile Device.
7.2. The User may provide his/her personal information to the Rightholder on registration (creating an account) or in the course of using the Application. The personal information obtained as described above may include the name, date of birth and any other information of the User required to optimize the functions of the Application. The User has the right not to provide certain information to the Rightholder; in this case, however, the User probably will not be able to use many of the special features of the Application.
7.3. The User hereby acknowledges and agrees that:
7.3.1. The Rightholder may use the information obtained in accordance with paragraphs 7.1, 7.2 hereof, for the purpose of identification of the party under this Agreement, permitted intended use and further technical improvement of the Application, as well as for responding to users’ requests for support.
7.3.2. The Rightholder may receive, process, publish and make available to third parties the non-personal data in the generalized form obtained in accordance with paragraph 7.1 hereof, in the framework of the statistical and other studies based on the non-personal data.
7.3.3. The Rightholder may transfer the data obtained in accordance with paragraph 7.1 hereof to any third party in case the User gave his/her consent to do so; the transfer is required for performing by the Rightholder of its obligations hereunder; the transfer is required under the current legislation of the Russian Federation; the transfer is required for protection of the rights and lawful interests of the Rightholder or third parties in case the User is in breach of this Agreement; the Rightholder will take part in merger, acquisition or other form of sale or other transfer of all or part of the assets.
7.4. The User hereby acknowledges and agrees that the Application will be able to determine an approximate location of the Mobile Device using various sources of geodata. To this end, the Mobile Device must have the corresponding feature turned on in its settings. The User may at any time refuse to transfer the data described in this paragraph by turning off the corresponding feature.
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 be provided 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 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.
8.4. 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.
8.5. The User shall be held liable for any breach of the obligations set forth in this 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).
8.6. 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 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 Centre in the version which is effective at the time.
9.3. The Rightholder may unilaterally amend or terminate this 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/dialer-licensing-agreement/.
In case of conflict between the version of the Agreement distributed together with copies of the Application and the latest version of the Agreement posted on the Rightholder’s Website, the latter shall prevail.
Rev. as of August 01, 2014