(Mobile Device Software License Agreement)
Please review the below license agreement prior to using the software.
Any use of the software on your part shall constitute your complete and unconditional acceptance of the terms and conditions of this license agreement. If you do not accept the terms and conditions of the license agreement in full, you shall not be entitled to use the software for any purposes. This license agreement shall come into effect once you consent to its terms and conditions by downloading and signing/logging into the relevant application and shall remain in effect indefinitely.
1. Terms and Definitions
1.1. The COSMODREAMS AR application (hereinafter, the Application) is a mobile device software intended to demonstrate digital visual content with or without using the augmented reality technology, access to which is hereby granted to the User.
1.2. Application Administrator (hereinafter, the Administrator) is the proprietor of the Application, Sputnik Partners Limited Liability Company registered at: Office 1, premises 3N, 199-201 K, nab. Obvodnogo Kanala, St. Petersburg, Russian Federation; OGRN (principal state registration number) 1187847380434; INN (tax identification number) 7839110984.
1.3. User is the properly registered/signed in user of the Application.
2. Agreement Status
2.1. This Agreement constitutes an agreement between the Administrator
and the User (hereinafter collectively referred to as the Parties) governing the rights and obligations of the Administrator and the User with regard to the use of the Application.
2.2. This Agreement is an official document of the Administrator.
2.3. The version of the Agreement currently in effect, which is a public document, has been developed by the Administrator and shall be available to any user of the Internet clicking the User Agreement hyperlink.
The Administrator shall be entitled to amend this Agreement. In case of any amendments to the Agreement, the Administrator shall notify the Users thereof by posting the amended version of the Agreement on the website at the permanent address … no later than … prior to the effective date of such amendments. Any previous versions of the Agreement shall be stored in the Administrator’s document archive.
2.4. The provisions of this Agreement shall be deemed to constitute a public offer according to Article 437 of the Civil Code of the Russian Federation. The User must read this Agreement in full prior to running the Application for the first time. By running the Application the User indicates complete and unconditional acceptance of this Agreement according to Article 438 of the Civil Code of the Russian Federation. The provisions of this Agreement may be accepted only in full, without any exceptions.
2.5. A link to this Agreement shall be available after running the Application in the … section of the Application settings. The User shall from time to time check the current version of this Agreement through Application settings to review any possible amendments and/or addenda. By continuing to use the Application after the effective date of the relevant amendments to this Agreement, the User shall indicate acknowledgement of and consent to such amendments and/or addenda.
3. Rights and Obligations of the Parties
3.1. The User must review information on the Administrator, the Administrator’s non-disclosure policy, and this Agreement prior to running the Application for the first time. In case of failure to consent to the provisions of the said documents, the User must refrain from running and using the Application.
3.2. The User shall use the Application for private non-profit purposes. Offering other Users any services related to the use of the Application for profit-deriving purposes is prohibited. The use of any automated scripts (robot software) or other means of interacting with the Application without the User’s involvement is prohibited. Any actions aimed at impairing the normal functioning of the Application as well as the use of special software containing harmful components (malware) are prohibited.
3.3. The Administrator shall be entitled to make changes in the Application functions, interface and/or content at any time with or without further notice to the Users.
3.4. The Administrator shall be entitled to request and use the User’s details solely for the purposes of providing the services related to the use of the Application. The use of the User’s details shall be regulated by the Administrator’s non-disclosure policy.
3.5. The Administrator is under no obligation to provide the support, servicing, updates, modifications, and new versions of the Application. However, it may from time to time release Application updates and update the Application installed on your mobile device to a newer version automatically by means of digital communication. The User consents to such automatic updates, also acknowledging that the terms and provisions of this License Agreement shall also apply to the said updates.
3.6. The User agrees to the Administrator’s processing of the User’s personal data, including, without limitation, to the following actions: collection, systematisation, accumulation, storage, specification (update, revision), use, anonymisation, blocking, and obliteration, whether computer-assisted or not, of personal data. The personal data are provided to enable your authentication as a User of the Application, to improve Application safety features, in Application access recovery situations, to improve overall Application functioning, for analytical and statistical purposes, as well as to comply with the requirements of the laws of the Russian Federation.
3.7. The User hereby acknowledges, agrees and accepts that the Application may collect anonymised statistical data (without reference to the User’s personal data) regarding the use of the Application and automatically transfer them to the Administrator.
The following personal data of the User may be processed:
a) full name;
b) date of birth;
c) actual place of residence or registered address;
f) phone number;
g) email address.
3.8. The User shall be fully responsible for the accuracy of the personal data provided to the Administrator and any possible implications for the third parties resulting from the provision of such data.
3.9. When using the Application, the User represents that he or she is the lawful owner of the mobile device on which the Application is installed, as well as the properly registered and lawful user of the wireless telephone communication services or telematic services enabling the data connection required to use the Application and identify the User. In addition, the User unconditionally agrees to receive the service text and push messages required to enable the Application functions.
3.10. By using the Application, the User entitles the Administrator to make voice calls and agrees to receive from the Administrator (or third parties contracted by the Administrator to this end) text messages sent to the phone number provided by the User during registration, as well as the User’s email address for the following purposes:
a) enhancing the security of Application use;
b) providing information about new products and services offered by the Administrator;
c) sending advertising and information messages, including those concerning third-party products and services;
d) circulating additional information.
3.11. The User’s rights to proprietary content shall remain unaffected. The Administrator shall have no property rights with regard to the content published by the User in or with the aid of the Application. At the same time, by publishing or uploading copyrighted content (e.g. images or videos) in or with the aid of the Application or sharing such content the User automatically grants to the Administrator a non-exclusive, royalty-free, worldwide license with the right of transfer and sub-license to store, use, distribute, alter, run, copy, perform or demonstrate in public or translate such content and create derivative works based on such content (in accordance with the privacy and Application settings). The User may at any time withdraw such license by deleting his or her content or account. However, the content shared by the User with other persons and not deleted by them may still be viewed through the Application.
3.12. The User authorises the Administrator to display his or her username, profile image and information on activities and connections (e.g. subscriptions) alongside or in connection with the accounts, advertisements, offers or other sponsored content demonstrated in the Application to which the User subscribes or with which the User interacts without any financial consideration.
4. Intellectual Property
4.1. The User acknowledges that the Application, its interface and content (including, without limitation, design elements, text, graphic images, illustrations, videos, scripts, programs, music, sounds, and other objects and their selections related to the Application) are protected by copyright, trademarks, patents, and other rights owned by the Administrator and other lawful copyright holders.
4.2. The Administrator grants to the User a non-exclusive license to use the Application, i.e. to run and subsequently operate the Application solely for private, family, home or other non-commercial purposes, without the right to transfer such license to any third parties or grant sub-licenses to the use of the Application to any third parties.
4.3. The User shall not be entitled to reproduce, copy, alter, destroy, rework (including any translations or localisations), sell, rent out, publish, upload or otherwise distribute the Application or its components, reverse compile, reverse engineer or otherwise attempt to derive the source code of the Application components that constitute its software, as well as change the functions of the Application without the Administrator’s written consent.
4.4. The User shall not be entitled to remove and/or alter any information displayed by the Administrator within the Application, including copyright symbols and identifications.
4.5. The license mentioned in paragraph 4.2 hereof shall be granted for the entire duration of use of the Application by the User. This license shall also cover any and all updates and/or additional components of the Application that may be subsequently created and provided by the Administrator.
4.6. Unless otherwise expressly stated in this Agreement, none of the provisions of this Agreement shall be construed as a transfer of exclusive rights to the Application and/or its components to the User.
4.7. The license to use the Application with a mobile device according to the terms and conditions stipulated herein may at any time be fully cancelled by the company.
5. Guarantees, Warranty and Responsibility
5.1. The User acknowledges and agrees that the Application is provided on an ‘as is’ basis. The Administrator provides no warranty as to the implications of using the Application or the Application’s interaction with other software.
5.2. The Administrator does not guarantee that the Application may be fit for any particular purposes. The User acknowledges and agrees that the result of using the Application may fail to meet the User’s expectations.
5.3. The Administrator or other proprietors shall under no circumstances be liable for any indirect, incidental, or accidental damage (including loss of profit and damage caused by the loss of data) resulting from the use of or inability to use the Application, including the failure of the Application or any other interruption in the use of the Application, even if the Administrator had warned of or indicated the possibility of such damage.
5.4. The User shall be solely responsible for any activities related to the use of the Application, including the publishing and transfer of information, comments, images, and other materials (content) to other Users via the Application. The User shall be solely responsible for observing third-party rights, applicable laws, this Agreement, and any rules and/or mandatory guidelines of the Administrator published in the … section of the Application while using the Application.
5.5. As a result of non-compliances on the part of the User, the Administrator shall be entitled to refuse to further provide any services to the User or to fully or partially limit the provision of such services with or without serving a relevant notice to the User.
5.6. The Administrator shall not be responsible, without limitation, for any damage caused by the User’s use or inability to use the Application, as well as for any implications of unauthorised or illegal access of third parties to the User’s authentication details (login, password), mobile device, or personal information.
5.7. The Application may contain links to other online resources, and the Administrator shall not be in any way responsible for the availability of such online resources and for the materials posted there, as well as for any damage incurred by the Users as a result of their use of such materials. By clicking external links, the User accepts the risk of damages that may be incurred as the result of his or her viewing or use of third-party applications.
5.8. To ensure obtaining accurate and consistent information through the Application, the User agrees to provide truthful, accurate and complete personal information when answering the questions contained in feedback forms and keep this information up to date. Should the User provide inaccurate information, or should there be compelling reasons to suspect that the information provided by the User is incorrect, inaccurate or incomplete, the Administrator shall be entitled to suspend or cancel the User’s registration or recall the User’s right to use the Application.
5.9. By agreeing to the terms and conditions of this Agreement through the Application pages enabling the completion of feedback forms, the User consents to the processing, storage and transfer through the Internet of his or her personal data by the Administrator.
5.10. The Administrator cautions that, in the event of solely automatic processing of the personal data (by means of input in the Application and without provision of data in hard copy form) the Administrator shall not be responsible for the accuracy and correctness of the personal data provided by the User, as well as for the User’s decisions, and for any resulting legal implications. In the event of disagreement with any decisions made on the basis of solely automatic processing of personal data, the User shall be entitled to raise objections by sending them to the Administrator in written form.
5.11. The Application is provided as is, without any warranties, express or implied. The Administrator does not guarantee that the Application will meet your requirements and run in a failure free and error free manner. In cases stipulated by law the Administrator expressly waives any direct guarantees, including, without limitation, implied warranty of merchantability and fitness for a particular purpose. The Administrator shall not be responsible for the accuracy, completeness, relevance, or reliability of the results obtained by using the Application or any data or information downloaded or otherwise obtained by using the Application. The User accepts the responsibility for downloading and otherwise obtaining information through the Application at his or her own risk and sole discretion, and no claims shall be made against the Administrator concerning any damage incurred by the User or with regard to the User’s property.
6.1. The User shall be entitled to discontinue the use of services at any time by deleting the Application from his or her mobile device.
6.2. The Administrator shall be entitled to suspend or discontinue the functioning of the Application at any time with or without further notice to the Users.
6.3. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Any issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
6.4. In case of any disputes or disagreements related to the performance of this Agreement, the Administrator and the User shall make every effort to settle them through negotiations.
The User’s claim shall contain the following information:
a) date and time of the onset of the circumstances regarding which the claim is raised;
b) conditions causing such circumstances;
c) nature of the claim;
d) contact details.
Should the Parties fail to settle their disputes by negotiations, such disputes shall be resolved according to the procedure stipulated by current laws of the Russian Federation.
6.5. The relations between the Parties under this Agreement shall be governed by the substantive and procedural law of the Russian Federation regardless of the nationality and place of residence of the User.
6.6. This Agreement is made in the Russian language and may be provided for the User’s review in another language. In case of discrepancies between the Russian version of the Agreement and a version of the Agreement in another language, the Russian version of the Agreement shall prevail.
6.7. In the event one or more provisions of this Agreement are for any reason held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
7. Addresses and Banking Details of the Parties
Limited Liability Company
Address: Office 1, premises 3N, 199-201 K, nab. Obvodnogo Kanala, St. Petersburg, Russian Federation
Settl. acc. 40702.810.9.03000041863
Corr. acc. 30101810100000000723
SEAL Phone No.: +7 (911)814-20-14
Marina V. Fedorova, CEO
SEAL (signed) /M.V. Fedorova/