Terms of Use of Yandex Cloud Marketplace

This document contains specific Terms of Use of Yandex Cloud Marketplace (“the Service” and/or the “Marketplace”) and is an integral part of Yandex.Cloud Customer Agreement (“Agreement”) and Service Terms set forth at https://yandex.com/legal/cloud_service_terms. Capitalized terms used herein but not defined herein shall have the meanings set forth in Agreement and Linked Documents.

1. Functional Features of the Service

1.1. Yandex provides Customer with the Service that allows Customer to gain remote access to Software Products owned by Software Product Owners and use them on Yandex Virtual Machines.

1.2. A catalogue of Software Products available to Customer can be found in the appropriate section of Management Console and Site.

1.3. Software Products are accessed through Virtual Machine use.

1.4. Software Product Owner can set requirements to Virtual Machine parameters and characteristics that Customer shall meet to be able to use Software Products.

1.5. Software Product description may contain URL links enabling transition to websites/web pages that are not controlled by Yandex (hereinafter referred to as the "Linked Sites") Yandex shall not be responsible for Linked Sites (or any hyperlinks or URLs contained thereon), including, but not limited to, their content, security, or privacy. Any access provided by Yandex to Linked Sites is provided solely for the convenience of Customer, and the inclusion of any link to Linked Site does not imply that Yandex approves Linked Site.

2. Pricing

2.1. Unless otherwise expressly agreed, the use of the Service is fee-based. Access to certain Software Products may not be chargeable.

2.2. The cost of access to Software Product is determined separately for each Software Product. The Service Fee for the Service is determined as per Service Rates and billing units specified on Site. Yandex in entitled to change Service Rates as prescribed by Agreement.

2.3. The Service Fee for the Service depends on the time of use thereof by Customer, i.e. the time between the start and the end of use of Software Product in the relevant Reporting Period. The use of Virtual Machine for Software Product is charged separately as part of Yandex Compute Cloud.

3. Software Product

3.1. Details of Software Product Owner, description of Software Product, special terms and conditions of access to Software Product, and the terms and conditions of License Agreement with Software Product Owner are published on the relevant page of Software Product on Marketplace and are binding for Customer. Unless expressly stated otherwise, Yandex is not Software Product Owner.

3.2. Yandex does not guarantee that Software Product description provided by Software Product Owner and posted on Site or in Management Console, is accurate, true, and/or complete. Yandex has no control over, and shall not be liable for content, quality, accuracy, or fitness of Software Product for Customer's expectations, or for the actions/omissions of Software Product Owners.

3.3. For the access to Software Product, Customer shall accept the terms and conditions of License Agreement specifying the terms and conditions of the license provided by Owner, and regulating the use of Software Product by Customer.

If such License Agreement with Customer or a link thereto is not available in the relevant section of Site/Management Console, that contains Software Product description and details of Owner, then each Customer receiving Software Product on Marketplace automatically obtains a non-exclusive non-transferable license to use Software Product on Virtual Machine in any country of the world from Software Product Owner, and such license shall be perpetual, except when Software Product is provided to Customer with a limited right of access for trial purposes, in which case such license shall be limited to the trial period.

Subject to such license, Software Product Owner shall be solely responsible for maintenance of and support services, any Software Product warranty or quality claims, any claim for infringement of third party intellectual property rights, and legal compliance.

3.4. Unless otherwise expressly provided for by Owner, no technical support or maintenance services are provided for Software Product being provided free of charge and including open-source or closed-source software. No guarantee of error-free and uninterrupted operation of the individual components, functions or fitness of such Software Product for Customer's expectations, as well as accuracy, reliability or completeness of the information contained therein, is provided to Customer.

3.5. In no event shall Yandex be treated as a party to License Agreement between Customer and a third party as Software Product Owner, except when Yandex is expressly identified as Software Product Owner and is a party to License Agreement.

3.6. Software Product offered by Owner may contain additional requirements as to privacy policy and terms of use thereof that are not included herein and/or in Agreement. Customer shall read applicable additional terms of use before using Software Product.

3.7. Yandex reserves the right to moderate Software Products posted at the Service, including, but not limited to, removal of Software Products from Marketplace subject to a prior notice of removal of Software Product to be given at any time before the beginning of Reporting Period, starting from which Software Product becomes unavailable on Marketplace.

4. Limitation of Liability

4.1. In no event shall Yandex be liable for Software Products or for the content thereof offered on Marketplace by a third party as Owners. Each Software Product Owner sets the level of service provided to Customer at its sole discretion.

4.2. Yandex does not provide customer support with respect to Software Products offered on Marketplace by a third party. In case of any question or issue Customer should directly contact Owner of the respective Software Product.

4.3. Yandex shall be entitled to terminate (temporarily or permanently) Customer's access to Marketplace (or individual functions thereof) and/or Software Product subject to a prior notice, for security reasons or as a result of a serious breach of these Terms, other legal agreements, Yandex regulations/standards, or applicable law by Customer. If access to Marketplace and/or Software Product is terminated, Customer may lose the data/files that are stored on Marketplace/in Software Product, and Yandex shall not be liable for the loss of such data.

4.4. Customer shall be liable for use of Software Products in compliance with the terms of use established by Owners, as well as for any consequences in violation thereof, including any loss or damage suffered by Yandex.

4.5. Yandex shall not be liable for any third-party claims related to Software Products offered by a third party as Owners. Yandex shall not be liable for violations of third-party rights resulting from actions of Owners (acting as third parties) performed using the Services.

5. Restrictions

5.1. Unless otherwise expressly allowed by a separate agreement with Software Product Owner, Customer shall not:

5.1.1. copy, sell, license, distribute, decrypt, modify, adapt, create derivative works based on, decompile, reverse engineer, disassemble, or attempt to derive the source code of Software Products other than allowed by applicable law, or perform any action involving the source code or the object code of Software Product with the intention to obtain information about implementation of the algorithms used in Software Product, or otherwise use or cause to use Software Product, any component thereof, or other data, without the written consent of Software Product Owner;

5.1.2. perform any action with the intention to circumvent or violate the security rules of the Service implemented through any function or technology;

5.1.3. use Software Products to receive, copy, transfer, recode, or retransmit any content in violation of the law or third-party rights;

5.1.4. delete, obscure, or alter any copyright notice, trademark, or other proprietary rights notices of Yandex or third parties that are enclosed to, or contained in Software Products.

5.1.5. reproduce, duplicate, copy, sell, exchange and/or resell Software Products from Marketplace for any purpose.

5.2. If Customer violates conditions of use of the Service or these Terms, Yandex shall have the right to suspend Customer's access to the Service.

6. Definitions

“License Agreement” means a legally binding agreement between Software Product Owner and Customer (that can be in the form of an electronic shrinkwrap license or other similar license) that provides such Customer with a non-exclusive license to use and/or otherwise use Software Product on Virtual Machine.

“Marketplace” means a catalogue of Software Products published by Yandex on Platform to provide Customers with access to such Software Products.

“Software Product” means any software product with access to it granted to Customer by Software Product Owner on Marketplace.

“Software Product Owner/Owner” means a legal entity that holds the rights to Software Product offered on Marketplace.

The terms used herein shall have the respective meanings given to them in the relevant Agreement.

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Yandex Services AG

Web address: https://yandex.ru/legal/cloud_terms_marketplace

Date of placement: April 22, 2019