License Agreement for the Use of «Yango Music» Programs for Mobile Devices

Before using the Program and Database, please read the terms of the following license agreement.

By using the Program and/or Database, you fully and unconditionally accept the terms of this license agreement.

If you do not accept the terms of this license agreement in full, then you are not entitled to use the Program and/or Database for any purpose.

Definitions

License — the license agreement for the Use of «Yango Music» Programs for Mobile Devices that is publicly available on the Internet at: https://yandex.com/legal/yangomusic_mobile_agreement.

Yango Music Service (Service) — the Yango Music service, which is accessible either via the Programs, whose rightholder is Service Provider, and the right to the use of which is provided on the terms described in the documents entitled "Terms of the Use of the Yango Music Service" (https://yandex.com/legal/yango_music_termsofuse).

Content — a set of musical works (including performances and phonograms) with or without lyrics, electronic lyrics of musical works, graphic images of musical album covers, as well as other materials available within the Yango Music Service.

Program(s) — a computer program "Yango Music" for mobile devices (iOS) or computer program "Yango Music" for mobile devices (Android), respectively, the right to use of which is granted under the License.

Database – database of "Yandex Music", which contains information about musical content, such as tracks, artists, albums, genres, and labels, as well as software (API) in order to access data, the right to use of which is granted under the License.

Rightholder — “Yandex.Mediaservices" LLC, a legal entity (primary state registration nubmer 1077759854919) registered at the address: 82 Sadovnicheskaya str., building 2, room 10A05, Moscow, Russia, 115035.

User — a user of the Program and Database.

1. General Provisions

1.1. This License Agreement establishes the terms of use of the Program and Database and is concluded between the User and Rightholder.

1.2. By copying the Program, installing it on a mobile device or using the Program and/or Database in any other way, the User expresses the full and unconditional acceptance of all terms of the License.

1.3. The use of the Program and Database is permitted only under the terms of this License. If the User does not accept the terms of the License in full, the User has no right to use the Program and/or Database for any purpose. The use of the Program and/or Database by the User in violation or non-fulfillment of any of the terms of the License is prohibited.

1.4. The use of the Program and Database by the User under the terms of this License for personal, non-commercial purposes is currently free of charge. The use of the Program and/or Database on terms and in a manner not provided for by this License is possible only under a separate agreement with the Rightholder.

1.5. By using the Program and/or Database, the User agrees that the following documents issued by YANDEX LLC (primary state registration number: 1027700229193), are an integral part of this License and govern the relationship between the User and the Rightholder:

as well as the documents issued by the Rightholder, whose terms fully cover the user of the Program and Database:

1.6. This License and all aspects associated with the use of the Program and Database shall be subject to laws of the Russian Federation, and any claims or actions arising out of or in connection with this License or the use of the Program shall be submitted exclusively to and finally determined by the competent courts at the Rightsholder’s location.

1.7. The Rightholder may provide the User with a translation of this License into Hebrew or other languages, however, if there is a conflict between this License in English and its translation, then only the English version shall be legally binding.

2. Rights to the Program and Database

2.1. The exclusive rights including all intellectual property rights to the Programs and Database belong to the Rightholder. No intellectual property rights are granted to User by or in connection with the Program or Database except the limited license under this License and subject to its terms.

2.2. Materials, which are included in the Content shall constitute intellectual property of the rightholders and are protected by the law. The updated information on the rightholders of the Content is available at: https://yandex.com/support/music/performers-and-copyright-holders/copyright.html

3. License

3.1. Subject to the User's compliance with the License, the Rightholder grants the User, at no cost, the non-transferable right to use the Program and Database under the terms of a non-exclusive license, in a country relevant to the User’s registration information, without charging an additional fee, subject to the User's compliance with the terms of the license, and exclusively for personal (non-commercial) purposes:

3.1.1. To use the Program for its direct functional purpose, including gaining access to the Database and its use in accordance with the clause 3.1.2 of the License, and, to that end, to download the Program and install (reproduce) it on the User's mobile device, for which the Program is intended. The User has the right to install the Program on an unlimited number of mobile devices. When installed on a mobile device, each copy of the Program is assigned an individual number, which is automatically reported to the Rightholder.

3.1.2. To use the Database for its direct functional purpose;

3.1.3. To reproduce and distribute the Program for non-commercial purposes of use by third parties without charging any fees.

4. Limitations

4.1. Except when using to the extent and in a manner expressly provided for in this License or applicable law, the User has no right to exercise any of the following without the Rightholder’s prior written consent: modify, decompile, disassemble, decrypt and/or carry out any other actions with the Program's object code with the aim of receiving information about the implementation of algorithms used in the Program, to create derivative works using the Program, as well as in order to use (or allow any other person to use) the Program, any components of the Program, Materials, and other data stored by the Program on the User's mobile device.

4.2. The User has no right to reproduce and distribute the Program and/or Database for commercial purposes (including for a fee), including as part of collections of software products, without the prior written consent of the Rightholder.

4.3. The User has no right to distribute the Program and/or Database in a form different from the one in which the User received it, without the prior written consent of the Rightholder.

4.4. The User has no right to modify and/or delete the name of the Program and/or Database, the copyright notice or other references to the Rightholder and/or third parties.

4.5. The Rightholder reserves the right to establish any (technical, legal, organizational or other) rules, limits and restrictions on the use of the Program and/or Database, and may change them in its sole discretion without giving the User prior notice in accordance with Clause 8.1 of the License. The specified rules, limits, and restrictions may vary for different categories of Users.

5. Individual Functions of the Programs and Database

5.1. Some functions of the Program and/or Database may work only with Internet access. The User independently receives and pays for such access on the terms and at the rates of a relevant telecom operator or Internet provider, thereby Rightholder shall not be responsible for the acquisition, availability or quality of such services.

5.2. The User agrees that the Rightholder does not bear responsibility for any use by third parties of playlists or other selections of Content and/or links to them created or distributed by the User.

5.3. The Rightholder reserves the right to restrict the User's access to the Program and/or Database (or to specific functions of the Program and/or Database if technically possible) in its sole discretion, in cases of repeated violation of the License, other contractual documents referred to in Clause 1.5 above or applicable law, or to take other measures against the User with the aim of complying with the requirements of the law and/or rights and legitimate interests of third parties.

5.4. The Program provides the User with the ability of receiving automatic recommendations to listen to certain materials, which are included in Content. The User is hereby notified and agrees that in order to use the "Recommendation System" functionality, the Program passes to the Rightholder the data that includes the history of Content materials listened by the User.

5.5. All data including personal data about the use of the Program and/or Database collected, used or transmitted in connection with the License is stored and processed in accordance with the Privacy policy (https://yandex.com/legal/confidential).

5.6. If the User deletes the Program from their mobile device's memory, the User's personal data that have been received by the Rightsholder when using the Program shall be saved within the Yango Music Service as long as the User has an active Yandex account. If the Program is then installed on the User's device again, the personal information received by the Rightsholder will be restored in full. When the Yandex account is deleted the User's personal data that was received by the Rightsholder when using the Program shall be deleted in accordance with applicable law. Notwithstanding the foregoing, the User shall have the right to request at any time deletion of the personal information received by the Rightsholder when using the Program in accordance with clause 9 of the Privacy policy (https://yandex.com/legal/confidential).

5.7. The period for which the User is given access to the Content within the framework of the Yango Music Service, in accordance with clause 1.6. of the Terms of Use of Yango Music (https://yandex.com/legal/yango_music_termsofuse), as well as the size of the fee corresponding to the period that access is provided for, is shown in the corresponding area in the Program's interface.

6. Liability under the License

6.1. The Programs and Database are provided “as is”. The Rightholder does not provide any warranties regarding the error-free and uninterrupted operation of the Program and/or Database or their individual components and/or functions, the compliance of the Program and/or Database with specific aims and expectations of the User, does not warrant the reliability, accuracy, completeness, availability and timeliness of the Database, and also does not provide any other warranties not specified expressly in this License.

6.2. The Rightholder bears no responsibility for any direct or indirect consequences of any use or inability to use the Program and/or Database and bears no responsibility for harm or damages caused to the User and/or third parties as a result of any use, non-use or inability to use the Program and/or Database or their individual components and/or functions, including due to errors or failures in the Program's and/or Database’s operation, excluding liability that cannot be excluded by mandatory applicable law.

6.3. The User is hereby notified and agrees that when using the Program and/or Database, the Rightholder and YANDEX LLC (primary state registration number: 1027700229193) automatically and anonymously (not linked to the specific User) receives the following information: the type of operating system of the User's mobile device, the version and identifier of the Program and/or Database respectively, statistics on the use of the functions of the Program, and other technical information. These types of information are used for the purposes listed in the Privacy Policy (https://yandex.com/legal/confidential).

6.4. All questions and complaints related to the use/inability to use the Program and/or Database, as well as regarding any possible violation of legislation and/or the rights of third parties by the Program and/or Database, should be sent via the feedback form at https://yandex.com/support/common/troubleshooting/main.html.

7. Updates and Third-Party Software

7.1. This License shall also apply to all subsequent updates/new versions of the Program and Database. By agreeing to install an update/new version of the Program, the User accepts the terms of this License for the corresponding updates/new versions of the Program and/or Database, unless the update/installation of a new version of the Program is accompanied by another license agreement.

7.2. The Program includes third-party software as separate components, which is provided on an "as-is" basis. Up-to-date information about such third-party software within the Program is available at: https://yandex.com/legal/yangomusic_mobile_agreement/components.

8. Changes to the terms of this License

8.1. This License may be changed by the Rightsholder unilaterally without advance notice. A notification about the new changes to the terms of this License will be published at https://yandex.com/legal/yangomusic_mobile_agreement.

These changes in the terms of the license agreement shall come into force from the date of their publication, unless otherwise specified in the relevant publication.

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Yandex.Mediaservices LLC, reference number: 1187746644920

Address: room 10A05, building 2, house 82, Sadovnicheskaya St., Moscow, Russia, 115035

tel. +7 (495) 739-7000, fax +7(495) 739-7070

Date of publication: 29.07.2022