END USER LICENSE AGREEMENT

IMPORTANT! BEFORE USING THE SOFTWARE ACCOMPANIED BY THIS END-USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS “AGREEMENT”) READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT TERMS AND CONDITIONS OF THE AGREEMENT, YOU ARE NOT ALLOWED TO USE THE SOFTWARE FOR ANY PURPOSE.
    1. DEFINITIONS
“Rightholder” – a limited liability company “Open Mobile Platform” (“Open Mobile Platform” LLC), 420500, Republic of Tatarstan, Verkhneuslonsky District, Innopolis, 7 Universitetskaya Street, office 59, Primary National Registration Number 1161690087020.
“Software” – Aurora SDK (other than external components and open-source software) as well as any materials provided by the Righthoder as a part of Aurora SDK including but not limited to documentation and graphics.
“Open-source software” – any programs included in the Software, which are governed by the terms and conditions of the license or any similar terms and conditions of a free license or an open-source software license.
Open-source programs included in the Software shall be licensed in compliance with terms and conditions of the license supplied with such open-source programs rather than with the terms and conditions of this Agreement.
“Aurora SDK policies” – all policies governing the Software that are published on the Software official URL-address from time to time.
“Application” – one or more software programs developed by You in compliance with this Agreement and using the Software.
“Aurora” OS – “Aurora” mobile operating system software (including built-in and third-party software), documentation, interfaces, content, fonts and any data that comes with the product and can be improved or subsequently replaced by updates, new versions of software or recovery software provided by the Rights-holder and stored either in read-only memory or on any other data carrier or in any other form. The Software shall not be treated as a User Product in context of definition provided in General Public License Version 3 («GPLv.3»), shall not be used for sale to users for their personal, family or household purposes as well as for the purpose of use as household equipment or as an equipment of dwelling.
“Documentation” – any transmittal materials related to the Software including Installation and configuration guide, User manual, Administrator Guide as well as other materials owned by the Righholder.
“Intellectual property rights” – all intellectual or industrial property rights including the rights to inventions, discoveries and patents for inventions including patent applications and reissued patents, continuation applications or continuation-in-part patent applications; copyright; designs and industrial designs; trademarks, service marks, trade dress and rights to similar objects; trade secrets (know-hows), commercial secrets and confidential information; rights to topologies of integrated circuits and to camera-ready originals; other exclusive rights.
“License Agreement” – a limited right to use the Software functionality granted to You by the Rightholder under a non-exclusive license in accordance with the terms and conditions of this Agreement.
 “End User”, You” – any individual and/or legal entity (organization) that has purchased the Software not for sale and for intended use solely in compliance with the Documentation.

This License Agreement is a legal agreement between You (hereinafter referred to as “End User”) and the Rightholder.

    2. GENERAL PROVISIONS
        2.1. This Agreement shall come into force since You expressly assume the commitments hereunder by pressing “Accept” button. Any such action shall acknowledge that you have read this Agreement, understand it and accept its terms and conditions. The Software is protected by copyright law and international treaties and partly protected by patent and trade secret laws. By accepting terms and conditions of this Agreement you acknowledge that it shall have the same legal force as any other written agreement concluded with You. In case You fail to comply with the Agreement, You may be held liable as a defendant.
        2.2. It shall be noted that the Software contains components available as freeware or as open-source software. You agree to observe any documentation accompanying the Software to define those open-source parts that shall be licensed in compliance with an open-source software license. To the extent any such license requires that the Rightholder shall grant You a right to copy, modify, distribute, or otherwise use any open-source software that is incompatible with the limited rights granted to You in this Agreement, then such rights under the applicable Open-Source Software License Agreement shall take precedence over the rights and restrictions granted in this Agreement but exclusively in relation to such open-source software. You acknowledge that the Open-Source Software License Agreement shall govern legal relations between You and the applicable open-source software. You must comply with all requirements of applicable open-source software licenses, if any.
        2.3. You must be legally entitled to enter into such agreements to use the Software.
        2.4. When entering into this Agreement as an individual, You must be over the age of 18, entitled to enter into legally binding agreements and have no restrictions of legal capacity.
        2.5. When entering into this Agreement on behalf of a legal entity, You must have the right and authority to bind that legal entity to the terms and conditions set forth herein.

    3. LICENSE
        3.1. The Rightolder shall provide the Software for use solely under the terms and conditions of this Agreement. Provided that You accept the terms and conditions of this Agreement, the Rightholder shall grant You an ordinary (non-exclusive) license to install the Software and use its functionality subject to the scope of the Agreement and all restrictions herein.
        3.2. Any use of the Software or its components that fails to meet the terms and conditions of this Agreement shall be considered as infringement of the Rightholder or/and third-party intellectual property right and shall constitute a basis to revoke Your right to use the Software under this Agreement.
        3.3. The Software is provided to You for the sole purpose of development and testing Your Applications for Aurora OS only. You are not allowed to use the Software to develop applications for other platforms or to develop another SDK. You are allowed to develop applications for other platforms, provided that the Software shall not be used for that purpose.
        3.4. The Rightholder does not grant You any rights related to the Software and directly prohibits the following:
            3.4.1. reverse engineering;
            3.4.2. distribution;
            3.4.3. modification, adaptation;
            3.4.4. Software sublicensing;
            3.4.5. making copies (other than backup copies);
            3.4.6. creating derivative works of the Software (or any of Its parts).
        3.5. Use, reproduction and distribution of the Software components licensed under an open-source software license shall be governed solely by the terms and conditions of that license, not this Agreement.
        3.6. You accept the following provisions as terms and conditions of the Software use:
            3.6.1. You shall not use the Software in violation of this Agreement or any other applicable laws and regulations including but not limited to any intellectual property and other proprietary rights, any rights of any person as well as privacy or individual rights;
            3.6.2. You shall not use the Software in connection with any unlawful, illegal, obscene, offensive, pornographic, abusive, defamatory, or otherwise inappropriate content/material;
            3.6.3. You shall not remove from the Software or hide any copyright notices, trademark notices or other notices, marks, or conventional signs as well as
            3.6.4. You agree to comply with all licenses applicable to Third-party components.
        3.7. Nothing in this Agreement shall grant You a right to use any tradenames, trademarks, service marks, logos, domain names and other distinctive features of the Rightholder brand.
        3.8. The Rightholder shall neither acquire any rights nor force You to transfer any rights to the Applications developed by You using the Software.
        3.9. You agree that the Software provided by the Rightsholder may be modified without prior notice and that the Software future versions may be incompatible with the applications based on previous Software versions. You agree that the Rightholder may discontinue (temporarily or permanently) the Software provision (or any functionality within the Software) to You and to users in Its sole discretion without prior notice to You.
    4. INTELLECTUAL PROPERTY RIGHTS
        4.1. The Rightholder owns all rights to the Software. This Agreement shall grant You a right to install and use the Software in compliance with its functionality. No other rights (including this Software and any patents, trademarks, results of intellectual activity covered by copyright law) that are not explicitly stated shall not be transmitted to You. During the term of this Agreement or You shall not in any way use or claim any rights to any name, logo, “Aurora” trademark, “Open Mobile Platform” trademark, trade name, style or design owned by the Rightholder or any names, logos, trademarks, trade names, styles and designs confusingly similar to those of the Rightholder.
        4.2. In no event shall You alter or remove any information or data on copyrights, trademark rights or patent rights applicable to the Software.
        4.3. Some of the Software components enable You to add functionalities to the Software and/or introduce Your modifications thereto. The Rightholder shall not claim any intellectual property rights regarding such materials. However, unless You expressly notify the Rightholder to the contrary and before such notice is given, You grant a non-exclusive, perpetual, royalty-free worldwide right to use, modify and distribute Your modifications of the Software to create derivative works based upon such modifications solely for the purpose of enabling You to use the Software in the manner You expect.
        4.4.  All rights to materials available while using the Software but not contained therein shall be considered as a property of their owners and may be protected by applicable copyright and intellectual property legislation as well as international treaties. This Agreement shall not grant You any rights to such intellectual property.
    5.  FEEDBACK
        5.1. The Rightholder welcomes all feedback on Its products and services including the Software. Feedback shall be sent to info@omp.ru.
        5.2. It should be noted that feedback is not confidential and the Rightholder is free to use it without any obligation. This provision is considered critical as otherwise the Rightsholder will not be able to use the feedback to improve Its products and services.

    6. NO WARRANTY
        6.1. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED “AS IS” AND OPEN MOBILE PLATFORM SHALL NOT BE REQUIRED TO PROVIDE ANY MAINTENANCE OR TECHNICAL SUPPORT SERVICES FOR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER THE RIGHTHOLDER NOR A COPYRIGHT HOLDER SHALL MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ACCURACY OF DOCUMENTATION AND SUPPORTING MATERIALS, SOFTWARE FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT OF ANY PATENT TIGHTS, COPYRIGHTS, TRADEMARKS, OR OTHER THIRD-PARTY RIGHTS. NEITHER THE RIGHTHOLDER NOR ANY OTHER PARTY SHALL WARRANTY THAT FUNCTIONALITY OF THE SOFTWARE WILL COMPLY WITH YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE THE INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE.

    7. INDEMNIFICATION
        7.1. You agree to indemnify, defend and hold the Rightholder and Its affiliates harmless from any third party demands and liabilities, assessments, losses, costs, or damages arising out of or in connection with:
            7.1.1. Your breach of this Agreement;
            7.1.2. Your violation of intellectual property rights, other rights or third-party confidentiality as well as
            7.1.3. unauthorized use of the Software by a third-party in case such use has occurred due to Your failure to take all reasonable measures to protect Your username and password from unauthorized use.

    8. LIMITATION OF LIABILITIES
        8.1.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER THE RIGHTHOLDER NOR ITS EMPLOYEES, LICENSORS OR AFFILIATES SHALL BE HELD LIABLE FOR ANY LOSS OF PROFIT, REVENUE, SALES, DATA OR COST ANY REPLACEMENT GOODS OR SOFTWARE, PROPERTY DAMAGE, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION AS WELL AS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHER LIABILITY ARISING OUT OF USE OR FAILURE TO USE THE SOFTWARE EVEN IN CASE THE RIGHTHOLDER, ITS EMPLOYEES, LICENSORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME COUNTRIES, STATES AND JURISDICTIONS DO NOT ALLOW LIABILITY EXCLUSION, HOEWER, THEY ALLOW LIABITILY LIMITATION, THE AGGREGATE LIABILITY OF THE RIGHTHOLDER, ITS EMPLOYEES, LICENSORS AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED 10,000 (TEN THOUSAND) RUBLES. NOTHING HEREIN VIOLATES THE RIGHTS OF ANY PARTY ACTING AS A CONSUMER.
    9. MISCELLANEOUS
        9.1. All notifications to the Rightholder shall be delivered  to the address: info@omp.ru
Either Party (You or the Rightholder) shall be entitled to terminate Agreement at any time by written notice without any reason being given.
Furthermore, this Agreement shall terminate automatically and immediately in case You fail to comply with any of the limitations herein.
Upon termination, all licenses and rights granted to You hereunder terminate as well and You shall immediately discontinue any (further) use of the Software.
        9.2. You are not entitled to assign or transfer all or any of Your rights, benefits and obligations under this Agreement without prior written consent of the Rightholder.
For the avoidance of doubt and without any limitations the Rightsholder shall have the right to assign and transfer Its rights, benefits and obligations under this Agreement.
        9.3. If any provision of these Agreement is deemed void or unenforceable, the remainder of the Agreement shall not be affected thereby and shall remain valid and enforceable in accordance with Its terms and conditions.
        9.4. The Rightholder reserves the right to modify or supplement this Agreement at any time without prior notice.
The Rightholder shall make reasonable efforts to notify You of all changes by posting an updated version of this Agreement on the website or other site which is used to provide the Software.
To continue using the Software You shall accept and agree to the updated terms and conditions of this Agreement.
If You do not agree with the updated terms and conditions, You are not entitled to use the Software.
        9.5. This Agreement shall be governed by the current law of the Russian Federation. In case the parties are unable to agree on a dispute arising out of this Agreement through negotiations, the dispute shall be resolved in the competent court of the Russian Federation and the legislation of the Russian Federation shall be considered as applicable law.
        9.6. This Agreement constitutes the entire agreement between You and the Rightholder with respect to the Software and supersedes all prior claims, discussions, obligations and agreements with the end user as well as any other communications or advertising with respect to the Software.