Yandex.Shell for Mobile Devices Software License Agreement

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 agree with the terms of the following License Agreement, do not use the software for whatever purposes.

1. General Provisions

1.1. This License Agreement (hereinafter referred to as the “License”) sets the terms of use of the Yandex.Shell Software for mobile devices (hereinafter referred to as the “Software”) and is concluded between any person using the Software (hereinafter referred to as the “User”) and YANDEX LLC, 16 Lva Tolstogo St., Moscow 119021, Russia ("Right Owner").

1.2. By copying the Software, installing it on his/her mobile device or otherwise using the Software, the User expresses his or her full and unconditional agreement with all the terms of the License.

1.3. Use of the Software is allowed exclusively on 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 Software for any purposes. Using the Software in violation of any of the terms hereof is prohibited.

1.4. The User’s use of the Software on the terms of this License for personal non-commercial purposes is free of charge. Use of the Software on terms and in a manner not provided for in this License is possible only under a separate agreement with the Right Owner.

1.5. By using the Software, the User consents that the following documents, the terms and conditions of which are fully applicable to the use of the Software, constitute integral parts of this License:

The specified documents (including any parts thereof) may be unilaterally amended by the Right Owner without any special notice; revised editions of the specified documents will enter into force from the moment of their publication unless otherwise indicated in revised editions of the specified documents.

1.6. This License and all issues relating to the use of the Software are governed by the law of the Russian Federation, and any claims or lawsuits arising out of this License or use of the Software will be filed and considered in a court at the Right Owner’s whereabouts.

1.7. The Right Owner may provide to the User a translation of this License from Russian into other languages, but in case of conflict between the terms of the License in Russian and its translation the Russian version of the License shall prevail.

2. Rights in the Software

2.1. The exclusive right in the Software belongs to the Right Owner and other right holders.

3. License

3.1. The Right Owner grants the User free of charge a non-transferable right to use the Software worldwide, under the terms of an ordinary (non-exclusive) license, as follows:

3.1.1. to use the Software for its direct functional purpose, for which purpose to copy and install (reproduce) it on the User’s mobile device(s). The User may install the Software on an unlimited number of mobile devices. When being installed on a mobile device, each copy of the Software will be assigned a unique number, automatically reported to the Right Owner.

3.1.2. To reproduce and distribute the Software for non-commercial purposes (free of charge).

4. Restrictions

4.1. Except for use to the extent and in the manner as expressly provided for in this License or the law of the Russian Federation, the User has no right to modify, decompile, disassemble, decrypt or perform other acts with the object code of the Software aiming to obtain information about the implementation of the algorithms used in the Software, to create derivative works using the Software, or to otherwise use (allow other use of) the Software without a written consent of the Right Owner.

4.2. The User may not reproduce or distribute the Software for commercial purposes (including for a fee), including as part of collections of software products, without a written consent of the Right Owner.

4.3. The User may not distribute the Software in a form other than the form in which the User received it, without a written consent of the Right Owner.

4.4. The Software must be used (including distributed) under the name "Yandex.Shell" ("Яндекс.Shell"). The User may not change the name of the Software, change and/or delete the copyright notice or other references to the Right Owner.

5. Terms of Use of Individual Features of the Software

5.1. Performance of some functions of the Software is only possible with Internet access. The User obtains and pays for such access at the User’s own discretion on the terms and at the rates of the User’s communications or Internet access provider.

5.2. The User is hereby notified and agrees that some features of the Software may cause the Software to collect data on the User’s location received from GPS devices, on the nearest Wi-Fi access point and/or on the nearest active cell of the service provider whose SIM card is being currently used in the User’s mobile device, and to transmit such data to the Right Owner to determine the User’s location.

5.3. The User is hereby notified and agrees that the Software may collect data on the applications installed on the User’s mobile device and transfer such data to the Right Owner for performance of certain features of the Software, including the "clever folders" feature that performs automatic categorization of the installed applications.

5.4. The User is hereby notified and agrees that the Software may collect statistical anonymous (without connection to the User) data on the User’s actions when using the Software and on the Software settings chosen by the User.

5.5. All data relating to the use of the Software collected in accordance with this License will be stored and processed in compliance with the Privacy Policy (https://yandex.ru/legal/confidential).

6. Liability

6.1. The Software is provided “as is”. The Right Owner provides no warranties regarding error-free and uninterrupted operation of the Software or its individual components and/or features, consistency of the Software with specific goals and expectations of the User, and provides no other warranties not expressly provided for in this License.

6.2. The Right Owner bears no liability for any direct or indirect consequences of any use of or inability to use the Software and/or damage caused to the User and/or third parties as a result of any use, non-use of or inability to use the Software or its individual components and/or features, including due to possible errors or failures in the Software, except as expressly provided for in the law.

6.3. The User is hereby notified and agrees that when the Software is used on a mobile device the following information will be automatically and anonymously (without reference to the User) transmitted to the Right Owner: the type of the operating system on the User’s mobile device, the version of the Software and the Software ID, statistics on the use of Software’s features, and other technical data.

6.4. All questions and claims relating to the use of/inability to use the Software and possible infringement by the Software of the law and/or third party rights should be submitted by email at support@mobshell.yandex.ru.

7. Updates/New Versions of the Software

7.1. This License covers all future updates/new versions of the Software. By agreeing to install an update/new version of the Software, the User accepts the terms of this License with respect to corresponding updates/new versions of the Software unless updating/installing a new version of the Software is followed by any other license agreement.

8. Change of the Terms of this License

8.1. This License may be unilaterally changed by the Right Owner. The User shall be notified of the changes to the terms of this License by way of publishing the changes on the following page: https://yandex.ru/legal/shell_mobile_agreement. Such changes shall come into force on the date of their publication unless otherwise specified in the corresponding publication.

© 2012 YANDEX LLC

© 2012 SPB Software, Inc.

Date of publication: 21.02.2012