This License Agreement (hereinafter referred to as the “Agreement”) shall regulate the relationships between VK LLC, hereinafter referred to as the “Licensor”, and you, hereinafter referred to as the “Licensee”, on use of the Licensor’s software library MyTracker.
The software library MyTracker (hereinafter referred to as the “Library”) is developed to be integrated (installed) in the mobile applications in order to collect data on its use (for example, installation data, application start-up rate, application use duration, etc.). The data acquired through the Library is available to the Licensor at the website https://tracker.my.com.
If you accept this Agreement, the Licensee shall agree with the terms and conditions hereof fully and implicitly. If the Licensee does not accept this Agreement to full extent, it shall have no right to use the Library. Current version of this Agreement is available at the website: https://tracker.my.com. The version of the Agreement shall be effective since it is published at the abovementioned website.
1. Terms and Definitions
1.1 Library — a software development kit (SDK) MyTracker being a software package for the Electronic Computing Machine aimed at integration (installation) into the mobile applications in order to acquire data on its use (installation data, application start-up rate, application use duration, etc.). The Library transfers such data to the Licensor’s server and the Licensee may look through it at the Website interface.
1.2 Website — a website at the address: https://tracker.my.com, as well as its mobile version providing the Licensee with the access to the data being available after the integration (installation) of the Library into the mobile application of the Licensee.
1.3 Licensor — VK Limited Liability Company granting the right to use the Library, provided that such right is understood as non-exclusive license, to the Licensees within the limit stipulated by this Agreement.
1.4 Licensee — a person or legal entity being able and legally capable to enter into this Agreement, granted with the right to use the Library within the limit stipulated by this Agreement. The Licensee is a Party hereto.
1.5 License Agreement — the text of this Agreement, documents available at the website and other rules indicated in this Agreement that contain all necessary and material terms and conditions of the License Agreement on the right to use the Library and the Website.
2. Terms and conditions of adherence to this Agreement
2.1 Prior to the Library use the Licensee shall carefully read the text of this Agreement.
2.2 Adherence of the Licensee hereto shall be executed through active actions of the Licensee (ticking “I agree with the terms and conditions of this Agreement” in the relative bar) or by using the Library; according to the Article 435 and 438 of the Civil Code of the Russian Federation it shall mean that you agree (accept) with the Licensor’s offer and enter into the License Agreement resulting in the Licensee being bound by the terms and conditions hereof.
2.3 By means of the every next use of the Library the Licensee agrees with the terms and conditions hereof represented by the version valid at the moment of the Library actual use.
3. Subject matter of the Agreement
3.1 Under the terms and conditions of this Agreement the Licensor shall grant the Licensee with the right to use the Library upon simple non-exclusive license within the limit stipulated by this Agreement.
3.2 The right to use the Library is granted to the Licensee free of charge, if otherwise is not provided by the Licensor.
3.3 Operation and maintenance of the Library and the Website along with providing access to the Licensees to the Library and the Website are executed by the Licensor only.
3.4 The Licensor is the owner of the exclusive rights for the Library and the documents available at the Website.
4. Use of the Library
4.1 The Licensee is entitled to use the Library by the following means:
4.1.1 to use the main functions of the Library to acquire data on the Licensee’s mobile application with the possibility to copy and integrate (install) the Library into the Licensee’s mobile application;
4.2 The Licensee is not entitled to:
4.2.1 reproduce, distribute, process the elements of the Library, being the Licensor’s or the third party’s copyright object, for commercial or non-commercial purposes if the relative copyright holders do not provide their consent for such actions;
4.2.2 reproduce design or user interface elements of the Library and/or the Website, except such is directly provided by the Licensor;
4.2.3 sublicense or otherwise transfer the right to use the Library granted to the Licensee to other Licensees or the third parties;
4.2.4 use the Library as a basis to develop the software product with the same functions as the Library;
4.2.5 violate the terms and conditions for the Library use stipulated by this Agreement;
4.2.6 otherwise use the Library not stipulated by this Agreement.
5. Terms and conditions for the Library use
5.1 For the purpose of the Library use the Licensee shall register at the Website and accept the terms and conditions hereof.
5.2 Once the User is authorized at the Website, it is entitled to use the Library within the limit stipulated by this Agreement.
5.3 Access to download the Library and the data acquired through it is granted with the login and password indicated by the Licensee during the registration procedure at the Website.
5.4 The person or a legal entity authorized at the Website is deemed the Licensee hereof.
5.5 While the Licensee uses the Website, cookies may be applied in order to automatically authorize the Licensee at the Website as well as to acquire statistics data.
5.7 Shall the Licensee be unable to authorize at the Website due to the password loss or any other reasons, except for the terms and conditions execution, the Licensee is entitled to apply to the help desk of the Licensor via email: email@example.com. The directions to restore access to the Account are regulated by the Licensor’s help desk.
5.8. The Library, including the data it contains, can be used simultaneously with the Mail.Ru Rating Counter (Top.Mail.Ru) https://top.mail.ru/ , which belongs to the Licensor. By accepting this Agreement, the Licensee confirms that he agrees to the transfer of data and information from the Library to the Mail.Ru Rating Counter (Top.Mail.Ru), and that he has agreed to the License Agreement published at https://help.mail.ru/legal/terms/top/LA/eng.
6. Rights and obligations of the Licensor
6.1 The Licensor currently manages the Library and the Website, independently determines its structure, appearance, grants or restricts access of the Licensees to the Library and/or the Website if the terms and conditions hereof are violated and executes other rights it holds.
6.2 The Licensor is entitled to:
6.2.1 at any time to modify the design and the user interface of the Library and/or the Website, its content, content of the functions provided, to modify or supplement the scripts used, the software and other objects used or stored within the Library and/or the Website, with prior notice of Licensee or otherwise;
6.2.2 suspend, limit or restrict access of the Licensee to the Library and/or the Website at any time without explanation, with notice or otherwise;
6.2.3 distribute information messages to the Licensees (including via email);
6.2.4 for the purpose of acquiring statistics data and identification of the Licensee, to install and save information on the access URL of the Licensee to the Library and/or the Website, to use the technical information files (cookies) localized at the Licensee’s PC;
6.3 The Licensor is obliged to:
6.3.1 grant the rights to use the Library upon terms and conditions stipulated by this Agreement;
6.3.2 notify the Licensee on any amendments of this Agreement through publishing such information at the Website or sending the emails to the mail box of the Licensee.
7. Rights and obligations of the Licensee
7.1 The Licensee is entitled to:
7.1.1 chose the data acquisition settings within functional capabilities of the Library available at the Website;
7.1.2 perform other actions not proscribed by the applicable law and by this Agreement, related to the use of the Library and the Website.
7.2 The Licensee is obliged to:
7.2.1 comply with the terms and conditions hereof without limitation;
7.2.2 prevent exceeding the limits of the rights to use the Library granted and stipulated by this Agreement;
7.2.3 prevent otherwise violating of the intellectual property rights of the Licensor related to the Library and the Website.
7.2.4 comply with the instructions and guidelines of the Licensor. Shall the Licensee violate complying with such instructions, the Licensor shall have the right to suspend, limit or restrict the right of the Licensee to use the Library or its single functions and access to the Website;
7.2.5 intermittently read the content of this Agreement in the Internet at the address: https://tracker.my.com and track amendments thereto;
7.2.6 comply with other requirements and execute other liabilities provided by this Agreement.
7.2.7. The Licensee undertakes to notify end users that mobile application is contained the Library which can collect information about end users (including IP, the device ID and other information) which available to the Licensor. The Licensee shall inform end users about the ability to reject processing of such information and provide such a refusal by selecting the appropriate settings in the mobile application.
8. Warranties and disclaimer
8.1 The Library, including its all elements, is provided as it is. It means that the Licensor shall bear no responsibility for malfunctions arisen in course of the Library use as well as provides no guarantees that the Library and its elements may meet certain purposes of use. The Licensor may not guarantee and warrant any specific results of the Library or its elements’ use.
8.2 The Licensor shall bear no responsibility for any possible failures and breakdowns during the Library and/or the Website operation and any resulting loss of information. The Licensor shall bear no responsibility for any damage inflicted to the Licensee’s PC, mobile devices, any other equipment or software caused or related to the use of the Library and/or the Website.
8.3 The Licensor shall bear no responsibility for any damage, including denied profit, or injury inflicted during the use of the Library and/or the Website.
8.4 The Licensee warrants that it shall take all required measures to ensure confidentiality of the accounting data (login and password) used by it to authorize at the Website and prevent authorization by the third parties.
8.5 The Licensee warrants that it has obtained all required authorizations to enter into this Agreement.
8.6 The Licensor is not obliged to provide the Licensee with any evidence, documents and other means witnessing the Licensee’s violation of the terms and conditions hereof resulting in the Licensee being restricted to access the Library and/or the Website and/or such access is limited and/or restricted.
9. Territory and validity of this Agreement
9.1 The Licensee is entitled to use the Library and the Website within the limit stipulated by this Agreement, without limitation to the territory.
9.2 The right to use the Library and the Website is granted to the Licensee for an indefinite term until this Agreement is terminated by the Licensor or the Licensee.
9.3 This Agreement shall be deemed terminated if:
9.3.1 The Licensor takes decision on amendment of the provisions hereof, on requirement to enter into the new Agreement with the Licensee, termination of this Agreement related to the Licensee, cease of management and maintenance of the Library and restriction of access thereto or restriction of access to the Library and the Website related to the Licensee.
9.3.2 The Licensee takes decision on termination to use the Library and the Website through deletion of the Library from the Mobile Application and/or deletion of its account at the Website by the help desk at the address firstname.lastname@example.org.
9.4 The Licensor is entitled at any time and without notice to the Licensee and without explanation to suspend access and possibility to use the Library and/or acquire data available at the Website, without compensation of any costs, losses and reimbursements received under this Agreement including any and single violation of the terms and conditions hereof by the Licensee; herewith, thereafter the right to use the Library by the Licensee is deemed terminated.
9.5 The Licensor is entitled at any time to terminate this Agreement with notice to the Licensee or otherwise, moreover, since termination of the Agreement the Licensee is obliged to fully cease its use of the Library and delete all copies of the Library within 5 days since the notification is received.
9.6 This Agreement does not provide for assignment of any exclusive rights or issue of the exclusive license for any elements of the Library and the Website by the Licensor to the Licensee.
10. Standard Contractual Clauses
10.1 In the event that Licensee is subject to the requirements of the Regulation (EU) 2016/679 of April 2016 on the protection of natural persons with Regard to the Processing of Personal Data and on the free movement of such data, (General Data Protection Regulation), the processing of Personal Data, that the Licensee transfers to Licensor shall be shall be governed by the terms set forth in the Standard Contractual Clauses available at: https://help.mail.ru/legal/terms/mytracker/eng/SCC, which is incorporated into and made a part of this Agreement.
11. Final provisions
11.1 This Agreement may be amended by the Licensor without any prior notice. Any unilateral amendments hereof by the Licensor shall become effective at the date following the date such amendments are published at the Website. The Licensee is obliged to independently examine the Agreement for any amendments. Shall the Licensee fail to read the Agreement and/or any amendment thereof, such action may not form a basis for the Licensee not to execute its liabilities and not to comply with the limitations provided by the Licensor, stipulated by this Agreement.
11.2 Shall one or several provisions hereof is rendered invalid by the effective court decision taken according to the established procedure, validity of the Agreement in general for the both Parties remains unaffected. Shall one or several provisions hereof according to the established procedure is rendered invalid, the Parties of this Agreement are obliged to execute the liabilities they are bound with under this Agreement to the extent closest to the liabilities deemed by the Parties upon entering into the Agreement and/or agreed amendment thereof.
11.3 This Agreement and relations of the Parties related hereto and to the use of Service are regulated by the legislation of the Russian Federation.
11.4 The provisions of the Civil Code of the Russian Federation apply to the form and method of entering into this Agreement.
11.5 All disputes of the Parties resulting from this Agreement are to be resolved through communication and negotiations under the mandatory pre-court (extrajudicial) procedure. Shall the Parties fail to reach agreement during negotiations within 60 (sixty) days since the Party receives the written claim of the other Party, dispute settlement shall be transferred by any interested Party to the court within the jurisdiction of the Licensor’s location address (except the court case is subject to the jurisdiction of the other courts).
11.6 Any issues related to execution of this Agreement are to be addressed at the Licensor’s location address: 39 bldg 79, Leningradskiy prospect, Moscow, Russia, 125167.
Amendment dated November 3, 2023.
Обновлено 3 ноября 2023 г.