“Yandex Launcher” Program License Agreement for Mobile Devices
Before using the Program please read the following terms and conditions of the License Agreement.
Any use of the Program means full and unconditional acceptance of the terms hereof.
If you do not accept the terms and conditions of the License Agreement in full, you shall not use the Program for any purpose.
1. General Provisions
1.2. By copying the Program, installing it on the mobile device or using the Program in any manner, the User expresses his/her full and unconditional consent to all the License terms and conditions.
1.3. The use of the Program is permitted only under the terms and conditions of this License. If the User does not accept the terms and conditions of the License in full, the User shall not use the Program for any purpose. The use of the Program in violation (non-performance) of any of the terms and conditions of this License shall be prohibited.
1.4. The use of the Program under this License for personal non-commercial purposes is free of charge. The use of the Program on terms and in the manner not provided for in this License is possible on the basis of a separate agreement with the Licensor only.
1.5. By using the Program, the User agrees that the following documents constitute an integral part of this License and their terms and conditions shall apply to the use of the Program in full:
«Yandex Terms of Service» available at: https://yandex.com/legal/termsofservice.
The specified documents (including any part thereof) may be unilaterally amended by the Licensor without any special notice; revised documents shall enter into force as of publication thereof unless otherwise specified in such revised documents.
1.6. This License (including any issues of their validity, performance or termination) shall be governed by and construed in accordance with the laws of Switzerland, without regard of its conflicts of laws provisions. Any dispute arising out of or in connection with this License shall be considered and finally resolved by the competent courts of the canton of Lucerne, Switzerland. Notwithstanding the foregoing, nothing in this License shall be construed as preventing Licensor from seeking any injunctive relief (or other analogous measures) from a competent court in any jurisdiction.
1.7. This License is drafted and shall be construed in the English language. In case of any discrepancy between the English version of this License and a translation, the English version shall prevail.
1.8. If any court of law having the jurisdiction to decide on this matter rules that any provision of this License is invalid, then that provision shall be deemed removed from this License without affecting the rest of this License, which will continue to be valid and enforceable in full.
2. Rights to the Program
2.1. The Program is licensed and not sold to the User. Any and all intellectual property rights in the Program are owned and shall be retained by Yandex Russia. Nothing in the license shall grant the User any rights to use the Program except as expressly provided by this License.
3.1. The Licensor hereby grants to User a royalty-free, non-exclusive, non-transferable, perpetual, worldwide license in the Program with the right to:
3.1.1. use the Program in accordance with its functionality by copying and installing it on any number of the User's mobile devices for the same purpose; and
3.1.2. reproduce and distribute the Program for personal non-commercial purposes (for free).
4.1. Except as expressly allowed by this License or applicable law, the User shall not modify, decompile, disassemble, decrypt or perform other activities with the object code of the Program for the purpose of obtaining information on how algorithms in the Program are implemented, create derivative products using the Program, or otherwise use, or allow other persons to use, the Program or any of its components without Licensor’s written consent.
4.2. The User shall not reproduce, distribute, communicate, make the Program available for the general public or otherwise use the Program for commercial purposes (including for a fee), including as part of Program bundles or collections without Licensor’s written consent.
4.3. The User shall distribute the Program as provided by and received from Licensor, unless otherwise agreed with Licensor in writing.
4.4. The Program shall be used (including distributed) under the following name: Yandex Launcher. The User may not change and/or delete the name of the Program, the copyright notice or other references to the Licensor.
5. Terms of Using the Program’s Specific Functions
5.1. Certain functions of the Program may only be available when connected to the Internet. It is the User's sole responsibility to obtain and pay for such Internet connection under the terms and according to rates of his / her cellular communications provider or Internet service provider.
5.2. The Program provides the following functionalities to the User:
change the user interface of the User's mobile device, mobile apps launch, search for mobile apps in the Internet and other functionalities;
receipt recommendations about mobile apps that may interest the User. Any recommendation made by the Program for the User are only a forecasts made on the basis of algorithms. These recommendations may not compliance with the actual preferences of the User. The Licensor shall not be liable for non-compliance of the proposed recommendations with the actual preferences of the User.
6. Limitation of Liability under the License
6.1. THE PROGRAM IS PROVIDED “AS IS”. THE LICENSOR GIVES NO WARRANTIES REGARDING FAILURE-FREE AND UNINTERRUPTED OPERATION OF THE PROGRAM OR ITS INDIVIDUAL COMPONENTS AND/OR FEATURES, FITNESS OF THE PROGRAM FOR PARTICULAR PURPOSES AND EXPECTATIONS OF THE USER, AND PROVIDES NO OTHER WARRANTIES NOT EXPRESSLY SPECIFIED IN THIS LICENSE.
6.2. UNLESS EXPRESSLY SET FORTH BY LAW, THE LICENSOR SHALL NOT BE LIABLE TO THE USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECT CONSEQUENCES OF ANY USE OR FAILURE TO USE THE PROGRAM AND ANY DAMAGES CAUSED TO THE USER AND/OR THIRD PARTIES AS A RESULT OF ANY USE, DISUSE OR FAILURE TO USE THE PROGRAM OR ANY OF ITS COMPONENTS OR FUNCTIONS, INCLUDING AS RESULT OF POSSIBLE PROGRAM ERRORS OF FAILURES.
6.3. The user hereby agrees and acknowledges, that when using the Program, the Licensor shall receive an automatic anonymous (with no reference to the user) notification on the following: the type of the operation system of the user’s mobile device, the version and identifier of the Program, statistics of execution of the Program functions, geolocation information, SIM information, wi-fi information, list of installed mobile apps, statistics of using, installing and uninstalling mobile apps including user’s browser, list of user’s contacts and other technical information. Such information may also be stored and processed by Licensor’s affiliates, including but not limited to Yandex Russia, and the User hereby agrees to the transfer of his or her personal information to such parties.
6.4. All questions and claims related to use/failure to use the program and possible violation of law and/or rights of third parties by the Program shall be submitted via the feedback form available at email@example.com.
7. Updates/New Versions of the Program
7.1. This License applies to all future updated/new versions of the Program. By installing an updated/new version of the Program, the User accepts the terms of this License with respect to corresponding updated/new version of the Program unless updating/installation of a new version of the Program is subject to any other license agreement.
8. Amendments to the License Agreement
8.1. The Licensor may unilaterally change this License. Notification to the User on the amendments introduced to this License shall be posted on: https://yandex.com/legal/launcher_agreement. The said changes to the terms and conditions of the License shall come into force as of posting thereof, unless the posting states otherwise.