License Agreement for Yango E-Platform (DEMONSTARTION VERSION ONLY)
This is an old version of the document, which expired on August 28, 2023. The current version is available at: https://yandex.com/legal/yango_partner_demo.
Please, read the terms of the following License Agreement carefully prior to using this software.
By using this software, you completely and unconditionally accept the terms of the License Agreement.
If you do not accept the terms of the following License Agreement, do not use the software for whatever purposes.
1. General Provisions
1.1. This License Agreement (the "License") sets terms of use for Yango E-Platform (i.e. demonstration version of the software, including without limitations programming code, websites and their content, applications and any related materials at https://fleet.yango.com) (the "Software") and is concluded between any person using the Software (the "User") and MLU Europe B.V., Schiphol Boulevard 291, 1118 BH Schiphol, the Netherlands for the territories of Cameroon, Senegal, Angola, Republic of Congo and Algeria; MLU Africa B.V., Schiphol Boulevard 291, 1118 BH Schiphol, the Netherlands for the territory of Zambia, Bolivia; Ridetech International B.V. for all other territories (the "Rightholder").
1.2. By using the Software, the User expresses the full and unconditional agreement to all the terms and conditions of this License.
1.3. The Software is only permitted to be used 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 may not use the Software for any purpose. The Software is prohibited to be used in violation of (failing to fulfill) any of the terms and conditions of the License.
1.4. The User may use the Software under the terms and conditions of this License for personal non-commercial purposes at no cost. The Software could be used only under terms of this License and in ways not covered by this License could be used only based on a separate agreement with the Rightholder.
1.5. The User will authorize the Rightholder to use information he/she provided in the Software by including such information in the Rightholder's database and further use of such database by any means.
1.6. This License and all relations associated with the use of the Software shall be subject to the laws of the Netherlands, and any claims or actions arising out of or in connection with this License or the use of the Software shall be submitted to and reviewed by courts at the Rightholder’s location.
1.7. The Rightholder may send information messages to Users. When using the Software, the User also gives his/her consent to receive information messages.
1.8. Depending on the User’s region, any or all functions of the Software can be inaccessible or limited. Functions are deemed to be inaccessible (limited) to the User from a certain region, if such User is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions of these Terms and the documents specified in cl. 1.5 governing inaccessible (limited) functions of the Software will not apply until such functions become explicitly accessible to the User. The User will be provided information on program functions accessibility in a certain region upon request sent to the Rightholder.
2. Rights to the Software
2.1. The Rightholder owns all exclusive rights in all Software.
3. License
3.1. The Rightholder shall, free of charge and under an non-exclusive, non-transferable license, grant to the User the right to use the Software in countries around the world only in accordance with Software direct functional purpose. No other rights are granted.
3.2. Access to the Software is provided though unique login and password, generated by the Rightholder and sent to the User vie email specified in the registration form that is provided by the Rightholder via email to the User.
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4. Limitations
4.1. Except when used in the scope and in the ways expressly stipulated by this License or applicable laws, the User may not modify, reverse engineer, decompile, disassemble, decrypt, and perform any other actions with the object code of the Software meant to obtain information on the implementation of algorithms used in the Software, create derivative works using the Software, and otherwise use (allow to use) the Software, without the Rightholder’s written consent.
4.2. The User may not reproduce and distribute the Software for commercial purposes (inter alia, for a fee), including as part of software product collections, without the Rightholder’s written consent.
4.3 The User may not distribute the Software in any form other than the form received, without the Rightholder’s written consent.
4.4. The User may not change the name of the Software, change and/or delete the copyright notice or other references to the Rightholder.
5. Processing of Personal Data
5.1. The Rightholder process personal data the User provides to the Rightholder by using the Software (“User’s Personal Data”).
5.2. Purposes of data processing. The Rightholder processes User’s Personal Data in order to provide certain features of the Software. The Rightholder also processes some User’s Personal Data (1) to comply with applicable law, (2) to improve Software, prevent unauthorised use of the Software, (3) for reasons of significant public interest, to protect data subjects’ vital interests or the vital interests of a third party or otherwise for reasons of public interest in the area of public health.
5.3. Duration of data processing. The Rightholder processes User’s Personal Data as long as it is necessary for the specific purposes and, after this period, if such processing is required by law or necessary to protect the rights and interests of the Rightholder or third parties.
5.4. Categories of data subjects. The Rightholder process personal data of the User’s representatives, employees, contractors and third parties whose personal data the User provides to the Rightholder by using the Software.
5.5. Categories of personal data. The Rightholder processes the following User’s Personal Data (if the User provides such data via Software): full name, phone number, email; position and contact details of User’s representatives, employees, contractors; driving license details, date of birth, place of birth, gender, citizenship, official residential address; car plate numbers, driver’s photo, billing information; scanned copies of the documents containing the information herein. Other categories of User’s Personal Data may be required to use the certain features of the Software.
5.6. Nature of the processing. The Rightholder determines the nature of processing of User’s Personal Data in order to provide the features of the Software.
5.7. Data subject rights. The User is responsible of providing to data subjects the information about the processing of their personal data by the Rightholder for the purposes indicated in this section. The information should also include the Rightholder identity, the categories of User’s Personal Data processed, and the description data subjects rights according to the applicable law. If it is necessary by the applicable law to obtain the consent from data subject prior the User provide User’s Personal Data by using the Software, the User is solely responsible for obtaining such consent and for preventing of sending User’s Personal Data by using the Software without such consent in place.
5.8. Data sharing. The Rightholder uses the resources, IT-infrastructure, cloud technology of its affiliates and contractors to provide the Software to the User. The Rightholder transfers User’s Personal Data to the mentioned parties using the appropriate safeguards to ensure User’s Personal Data integrity and confidentiality.
5.9. The contact point of the Rightholder indicated in the Software can be used for questions and requests about data processing.
6. Liability under the License
6.1. NO WARRANTIES. THE RIGHTHOLDER EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH USER.
6.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, ATTORNEY FEES AND COURT COSTS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF RIGHTHOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3. All questions and claims related to the use of / impossibility to use the Software and possible disregard of laws and/or third-party rights by the Software shall be forwarded via the feedback form.
7. Amendments to this License
7.1. This License Agreement may be unilaterally amended by the Rightholder. User notices of amendments made to this License will be posted at: https://yandex.com/legal/yango_partner_demo. The said amendments to the terms and conditions of the License will come into effect once published, unless otherwise specified in the relevant publication.
8. Details of the Rightholder
MLU Europe B.V. (registration number 74474103)
MLU Africa B.V. (registration number 74474332)
Ridetech International B.V. (registration number 69453632)
Schiphol Boulevard 291, 1118 BH Schiphol, the Netherlands
e-mail: taxi-amsterdam@yandex-team.com
Date: 15.12.2022
Previous version of the document: https://yandex.com/legal/yango_partner_demo/28092022
Previous version of the document: https://yandex.com/legal/yango_partner_demo/09062022
Previous version of the document: https://yandex.com/legal/yango_partner_demo/28012022
Previous version of the document: https://yandex.com/legal/yango_partner_demo/08102021