License Agreement for the Use of the Yandex.Radio Program on Mobile Devices
This document is a translation of License Agreement for the Use of the Yandex.Radio Program in English. In case of conflict between the Russian version of License Agreement for the Use of the Yandex.Radio Program and this translation - only the Russian version of License Agreement for the Use of the Yandex.Radio Program is legally binding. The Russian version of License Agreement for the Use of the Yandex.Radio Program on Mobile Devices can be found here: https://yandex.ru/legal/radio_mobile_agreement.
Before using the program, please, read the terms of the license agreement below.
1. General Provisions
1.1. This License Agreement (hereinafter referred to as the License) sets the terms of using the Yandex.Radio program on mobile devices (hereinafter referred to as the Program) and is concluded between any person using the Program (hereinafter referred to as the User) and YANDEX LLC, 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 any mobile device or using the Program in any manner, the User expresses its full and unconditional agreement to the terms of this License.
1.3. Use of the Program is permitted only under the terms of this License. If the User does not accept the terms of the License in full, the User shall not use the Program for any purposes. Using the Program in violation (nonfulfillment) of any of the terms of this License is prohibited.
1.4. Use of the Program by the User 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 by this License is possible only under a separate agreement with the Rightholder.
1.5. The Program offers a functional option to hear for free a database, which is a total of sound tracks, lyrics of pieces of music, musical album covers and also other materials accessible with the use of the Program (hereinafter referred to as the Database). The rights to the Database belong to the Rightholder. The functions of the Program can be restricted, subject to the operation system of User’s device.
1.6. By using the Program, the User consents that the following documents, the terms and conditions of which are fully applicable to the use of the Program, constitute an integral part of this License:
“User Agreement for Yandex Services”, available at https://yandex.kz/legal/rules.
These documents (including any part thereof) may be changed unilaterally by the Rightholder without any special notification; the amended versions of the documents shall become effective upon their publication unless otherwise stipulated by the new versions of the documents.
1.7. 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 by the court at the location of the Rightholder.
1.8. The Rightholder may provide to the User a translation of this License from Russian into other languages, but in the event of any inconsistency 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.
2.2. Sound tracks, lyrics of pieces of music, musical album covers and also other materials accessible with the use of the Program (hereinafter referred to as Materials) are objects of intellectual property of their rightholders and are protected by the law. Updated data on rightholders of Materials are available at: https://yandex.ru/support/music/performers-and-copyright-holders/copyright.xml.
3.1. The Rightholder furnishes the User for no compensation with a non-transferable right to use the Program in the territory of the Russian Federation, Ukraine, Republic of Belarus and Republic of Kazakhstan, under the terms of an ordinary (non-exclusive) license as follows:
3.1.2. To reproduce and distribute the Program for non-commercial purposes for no compensation.
4.1. Except when using to the extent and in a manner expressly provided for in this License or the law 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 otherwise use the Program (allow other use of the Program), any components of the Program, Materials saved by the Program on the User’s mobile device, and other data without a written consent of the Rightholder.
4.2. The User has not the right to reproduce and distribute the Program for commercial purposes (including for compensation), including as part of collections of software products, without a written consent of the Rightholder.
4.3. The User has not the right to distribute the Program in a form other than the form, in which the User received the Program, without a written consent of the Rightholder.
4.4. The Program must be used (and distributed) under the name “Yandex.Radio”. The User has not the right to modify and/or delete the name of the Program, the copyright notice or other reference to the Rightholder.
4.5. The Rightholder reserves the right to set any rules, limits and restrictions (technical, legal, organizational and other) to the use of the Program in its entirety, Materials, or the Database, and may modify them at its discretion, without any prior notice to Users. Such rules, limits and restrictions may vary for different categories of Users.
5. Terms of the Use of Individual Functions of the Program
5.1. Particular functions of the Program may be run provided that there is Internet access. The User obtains and pays for such access at his discretion, on the terms and at the tariff rates of the User’s service or Internet access provider.
5.2. The Rightholder reserves the right to restrict at its discretion the User’s access to the Program (or to individual functions of the Program if technologically possible) in the event of repeated breach of this License, or to apply other measures to the User so as to comply with the requirements of the law or to observe rights and legitimate interests of third parties.
5.3. The Program gives to the User the ability of getting automatic recommendations to listen to the Materials by the User. The user hereby acknowledges and agrees that in order to use this function the «System of the recommendations» the Program transfers the data concerning the history of the listening of Materials to the Rightholder.
6. Liability under the License
6.1. The Program (Data included) is provided on an “as is” basis. The Rightholder provides no warranties regarding error-free and uninterrupted operation of the Program or its individual components and/or functions, consistency of the Program with particular goals and expectations of the User, reliability, accuracy, completeness and actuality of Data, and provides no other warranties not expressly provided for in this License.
6.2. The Rightholder is not liable for any direct or indirect consequences of any use or impossibility to use the Program and/or for any damage to the User and/or to third parties as a result of any use, nonuse or impossibility to use the Program or its individual components and/or functions, including due to possible errors or failures in the Program’s operating, except as otherwise expressly provided by the law.
6.3. The User is hereby notified and agrees that when using the Program, the following information shall be anonymously (without reference to the User) transmitted to the Rightholder in the automatic mode: the operating-system type of the User’s mobile device, the version and identifier of the Program, the statistics of using specific files uploaded via the Program by the User, statistics of using the Program’s functions, as well as other technical information.
6.4. All questions and claims relating to the use/impossibility to use the Program as well as possible violations of law and/or third parties’ rights by the Program should be sent as feedback at http://feedback.yandex.ru/?from=music.
7. Updates/New Versions of the Program and third party software
7.1. This License applies to all future updates/new versions of the Program. By agreeing to install the Program’s updates/new versions, the User accepts the terms of this License for the corresponding updates/new versions of the Program, unless upgrading/installing the Program’s new version shall be accompanied by another license agreement.
7.2. Third party software are included in the Program as separate components. The actual information on this third party software is available at: https://yandex.ru/legal/radio_mobile_agreement/components.
8. Changes of the Terms of this License
8.1. This License may be unilaterally changed by the Rightholder. The notification of the User of the changes made in the terms of this License is published on the page: https://yandex.ru/legal/radio_mobile_agreement. The specified changes in the terms of the license agreement come into force from the date of their publication, unless otherwise specified in a corresponding publication.
Date of publication: 28.06.2016
Previous version of the document https://yandex.kz/legal/radio_mobile_agreement/03082015.
Previous version of the document https://yandex.kz/legal/radio_mobile_agreement/20150430.