Order No.07 dated May 10, 2017 by Director General of
Agreement version valid
with effect from May 11, 2017
JSC Antiplagiat, hereinafter referred to as the “Licensor”, represented by V. A. Funtov, Director General, acting by virtue of Articles of Association, shall sign this Contract with any legal entity or person, including without limitation individual entrepreneurs, who shall act as the licensee hereunder and who shall hereinafter be referred to as the “Licensee”, provided that the latter shall accept all the terms and conditions hereof.
For the purposes hereof, the following terms shall be deemed by the Parties to have the following meanings:
1.1 Considering the provisions of Articles 435 and 437 of the Civil Code of the Russian Federation, this Contract constitutes a public offer (offer) made the by Licensor to the Licensee and containing the material terms and conditions for granting the right to use the Software in the form of Software Web-Based Version provided that the Licensor keeps the right to issue License to any third parties (issuing ordinary (non-exclusive) license).
1.2. Considering the provisions of Article 438 of the Civil Code of the Russian Federation, the Licensee shall be deemed to have definitely (fully and unconditionally) accepted the terms and conditions hereof by signing up at the Licensor’s website.
Upon such an acceptance, the Licensee shall be deemed to have accepted this Contract (public offer) and, as prescribed by the Civil Code of the Russian Federation, from that moment on the Licensee shall acquire all the rights and obligations hereunder.
If otherwise is not agreed upon by the Parties, the Software shall not be used without registration at the Licensor’s Website.
Should the Licensee disagree with the terms and conditions hereof, the Licensee shall refrain from signing up at the Licensor’s website as well as from using the Software.
1.3. Territorial coverage: rights granted hereunder shall be valid all around the world.
1.4. This Contract is available at the publicly available Internet Site at https://users.antiplagiat.ru/page/terms.
1.5. By signing up at the Licensor’s website or by using the Software, the Licensee confirms and guarantees that all the terms and conditions of the Contract (public offer) are fully understood and accepted by him/her/it without any restrictions.
1.6. By signing this Contract, the Licensee gives his/her/its consent for processing his/her/its personal data under the Personal Data Processing Agreement that is made available for the general public at https://users.antiplagiat.ru/page/personaldata.
2.1. The Licensor hereunder shall issue to the Licensee an ordinary (non-exclusive) license (hereinafter referred to as the “License”) for the Software Web-Based Version by granting the Licensor web access to its facilities via web interface, and the Licensee shall pay a fee for the License issued in case such a fee is envisaged by the Contract; additionally, the Licensee shall meet the terms and conditions hereof.
2.2. The rights to use the Software that are granted to the Licensee hereunder shall include the rights to use the Software the following ways: the rights to access to the Software and launch (as designated) the Software under the terms and conditions hereof. The Licensee is prohibited to use the Software in any other way. The Licensor shall have the right to treat any other actions taken by the Licensee in regard to the Software as well as in regard to the Software access as a violation hereunder if otherwise is not agreed upon by the Parties.
2.3. The Licensee shall be prohibited to grant the rights to use the Software to any third parties, including without limitation in the ways provided by clause 2.2 hereinabove.
2.4. The Licensor hereby confirms that as of the date the Licensee is granted the right to use the Software, such right is not pledged, arrested or subject to any claims by third parties.
2.5. The Licensee shall pay the Licensor a fee for the rights to use the Software that are granted hereunder; the amount and payment terms and conditions are regulated by the Fee Schedule, except for the cases stipulated herein.
2.6. The rights to use the Limited Software Features (License for the Limited Software Features) shall be deemed granted with effect from the acceptance date of this public offer. The rights to use the Software under the payable Fee Schedule or the Fee Schedule that implies authorization shall be deemed granted with effect from the date the Licensee activates the Fee Schedule under the Software user’s guide. The rights to use the Software under the special terms and conditions shall be granted to the Licensee with effect from the moment the Licensee authorizes as the Software user under the special terms and conditions provided by clause 3.9 herein below for the period equal to the License Period.
3.1. Rights of the Licensor:
3.1.1. the Licensor shall have the right to receive from the Licensee the information related to observance of the terms and conditions hereof and/or any information necessary for the purposes of performance hereunder as well as any additional agreements hereto;
3.1.2. the Licensor shall have the right to receive the fee hereunder;
3.1.3. the Licensor shall have the right to amend the Software including without limitation releasing new Software versions without notifying the Licensee in advance;
3.1.4. the Licensor shall have the right to unilaterally terminate the Contract and/or block the Licensee’s access to the Software in case the Licensee infringes the laws of the Russian Federation and/or violates any terms and conditions hereof; the Licensor shall also have the right not to process any requests from any other licensees, websites or software that infringe the terms and conditions hereof;
3.1.5. the Licensor shall have the right to do the routine maintenance of the equipment and/or the Software and, for this purpose, to suspend access to the Software;
3.1.6. the Licensor shall have the right to delete the account and all the Licensee data upon expiry of the period mentioned in clause 3.2.3. herein below or in case the Licensee sends a request for his/her/its data to be deleted or in case the Licensee violates the terms and conditions hereof.
3.1.7. the Licensor shall have the right to use the information about the Licensee (including without limitation the IP address, browser version, the operating system version, etc.) as well as the statistical data on the texts/documents uploaded by the Licensee to the Software for the purposes of creating statistics of Software use as well as to make such statistics available to the general public and/or to the third parties (this however, shall not apply to the Licensee’s personal data and full texts of documents uploaded by the Licensee to the Software).
3.1.8. the Licensor shall have the right to set limits for the Software use, including without limitation the following: enabling/disabling certain Software functions, storage term of data entered by Licensee into the Software, maximum number of registered accounts that have one and the same IP address, maximum number of documents that may be uploaded for check, maximum number of versions of such documents and/or maximum number of times such documents may be moved from one location to another, maximum number of times the documents may be sent for check, maximum number of checks and other actions available to the registered user, maximum document size, maximum number of times the Software may be addressed during the specified period of time, any special features of the uploaded documents, etc. The Licensor shall have the right to block automatic access to the Software as well as to stop accepting any information generated automatically (e.g. accounts, texts, etc.).
3.1.9. the Licensor shall have the right to use the data uploaded by the Licensee to the Software, including without limitation any text documents, for the purposes of testing the Software in the course of its modification or debugging done by the Licensor or any third person engaged by the Licensor for this purpose. The Licensor shall have the right to transfer data to such a third party for the purposes of doing the above things.
3.2. Obligations of the Licensor:
3.2.1. the Licensor shall enable 24/7 access to the Software except for the cases mentioned herein;
3.2.2. the Licensor shall ensure confidentiality of the Licensee’s data in line with the current laws;
3.2.3. the Licensor shall ensure safekeeping of the data entered by the Licensee into the Software for the period of six (6) months upon expiry of the License except for the cases mentioned herein;
3.2.4. the Licensor shall fix any Software malfunctions within the reasonable time in case such malfunctions incur through the fault of the Licensor;
3.2.5. whenever possible, the Licensor shall do the routine maintenance during the night hours and/or weekends/public holidays;
3.2.6. the Licensor shall at reasonable intervals make backup copies of the Licensee’s data and information;
3.2.7.the Licensor shall be held liable for undue use of the data uploaded by the Licensee into the Software, including without limitation for undue use of such data/information by any third parties having received such data/information from the Licensor.
3.3. Obligations of the Licensee:
3.3.1. the Licensee shall observe all the restrictions for the Software use that are prescribed hereby;
3.3.2. the Licensee shall pay the Licensor the fee in the amount and within the time frames as set hereby, provided that this Contract envisages such payments;
3.3.3. the Licensee shall ensure confidentiality of Login and Password;
3.3.4. the Licensee shall immediately notify the Licensor on any unauthorized use of the Licensee’s Login and (or) Password or on any other security violation;
3.3.5. the Licensee shall comply with the laws protecting personal data processed with the use of Software;
3.3.6. the Licensee shall from time to time read the updated version of this Contract and accept the terms and conditions hereof.
3.4. Rights of the Licensee:
3.4.1. the Licensee shall have the right to use the Software under the terms and conditions of the License and of this Contract;
3.4.2. the Licensee shall have the right to have 24/7 access to the Licensor’s website and the Software except for the cases mentioned herein;
3.4.3. the Licensee shall have the right to refuse purchasing the Software License under the fee-based/authorization-based Fee Schedules by refusing to pay for the License/to accomplish authorization. In this case the Licensee shall be granted a Limited Software Features License;
3.4.4. the Licensee shall have the right to address the Licensor a request for deleting his/her/its Account and all the data entered by the Licensee into the Software.
3.5. To start using the Software, the Licensee shall fillin the registration form (online form) at the Licensor’s website. Once signing up is completed, the Licensee shall receive the Login and Password and neither of the Parties shall disclose the details thereof.
3.6. Any actions taken with the use of the Licensee’s Login and Password shall be deemed to have been taken by the Licensee personally.
3.7. Licensee’s signing up at the Licensor’s website shall not be deemed the start of the License Period.
3.8. Having signed up, to launch the Software under the fee-based/authorization-based Fee Schedules, the Licensee shall acquire the Software License by making payment under the selected Fee Schedule as stipulated by clauses 4.2. to 4.4. herein below.
3.9. The Licensor shall have the right to introduce any special Fee Schedules at its sole discretion. Special Fee Schedules may be offered for a limited period of time, from time to time or for indefinite time and such Fee Schedules may apply to some specific user categories, at the sole discretion of the Licensor. Access to the Special Fee Schedules is granted subject to authorization as a special terms Software user as prescribed at the Licensor’s website: https://users.antiplagiat.ru/page/promo.
Authorization validity period is subject to the terms and conditions of the Fee Schedule. Upon expiry of the above period, the Licensee shall have the right for re-authorization for the purposes of reconfirming the Licensee’s status as a special terms Software user.
3.10. The fact of granting the License to the Licensee under the fee-based/authorization-based Fee Schedules shall be attested by Software access granted to the Licensee under the provisions of clause hereinabove 2.6.
3.10.1.Should any of the Licensees fail to do any of the things listed below for the period of six (6) or more months, the Licensor shall assign to such Licensees the Inactive Client Status:
18.104.22.168. checking any text documents;
22.214.171.124. ploading/downloading, viewing, moving of text documents;
126.96.36.199. viewing or editing the report;
188.8.131.52. authorization of Licensee in the Software using the Login and Password;
The Inactive Client Status shall be activated with effect from the date it is assigned by the Licensor and it shall remain valid until any of the actions listed in subclauses 184.108.40.206. to 220.127.116.11 are taken.
3.10.2.The Licensee shall have the right to suspend the Inactive Client Status for the period of three (3) months by applying to the Licensee’s help desk or by using the Personal Account. The Inactive Client Status shall be renewed with effect from the 25th date of the month when the three-month suspending period expires.
3.11.The Licensor shall not verify any information submitted (uploaded) by the Licensee for the purposes hereof and it shall not be held liable to any third parties for accuracy or reliability of such data as well as for any infringements of the personal data protection laws or copyright laws if committed by the Licensee.
3.11.1.By uploading any data (including without limitation text documents), the Licensee gives his/her/its consent for use thereof by the Licensor or any other authorized Licensor in cases stipulated herein.
3.12. For any matters relating to technical support, the Licensee may use the contact details listed at the Licensor’s Website.
4.1. Limited Software Features (including without limitation those of the Software Web-Based Version) are available to the Licensee without any payments.
4.2. In case the Fee Schedule is introduced by publishing the Fee Schedule at the Licensor’s website, no recalculation is done for the periods that are already passed.
5.1. The Licensee shall have the right to use the Software uniquely for his/her/its personal/educational and academic purposes taking into account its functional purposes.
5.2. Limitations imposed on the Licensee:
5.2.1. the Licensee shall not have the right to reproduce the Software (including without limitation by making a copy of it in the PC memory);
5.2.2. the Licensee shall not have the right to circumvent any technical restrictions of the Software;
5.2.3. the Licensee shall not have the right to do the reverse engineering, to decompile or disassemble the Software;
5.2.4. the Licensee shall not have the right to use the Software components to run applications that are not based on the Software or to makes copies of the Software;
5.2.5. the Licensee shall not have the right to share the Software by allowing any third parties to make copies thereof;
5.2.6. the Licensee shall not have the right to rent out, lease out or lend the Software;
5.2.7. the Licensee shall not have the right to use the Software for the purposes of rendering any commercial services online;
5.2.8. the Licensee shall not have the right to use the Software or any parts thereof beyond the validity period hereof;
5.2.9. the Licensee shall not have the right to try to access to the data of any other Licensees;
5.2.10.the Licensee shall not have the right to automatically address to the Software using any means without the prior written approval of the Licensor.
5.3. In case this Agreement is terminated, the Licensee shall immediately stop using the Software.
6.1. The Parties shall be held liable for non-performance and/or undue performance hereunder as prescribed by the laws of the Russian Federation.
6.2. The Software is provided on “as is” basis. The Licensor shall not be held liable for any potential damages that have either direct or indirect relation to application, misapplication or inapplicability of the Software by the Licensee or for any data loss/damage.
6.3. In any case, the liability of the Licensor shall be limited by the amount paid by the Licensee.
6.4. The Licensor shall not be held liable in the following cases:
6.4.1. the Licensor shall not be held liable for running of the Software (and any damages caused thereby) in case the Licensee (or any third parties) acting on his/her/its own has amended the Software or in case such malfunction is caused by the Software incompatibility with the Licensee’s hardware or the Licensee’s other software;
6.4.2. the Licensor shall not be held liable for any things done by the Licensee in connection with the Software as well as for any documents created by the Licensee using the Software;
6.4.3. the Licensor shall not be held liable for lack of access to the Software in case such a lack of access is caused by the acts of the Licensee, the Licensee’s access to Internet, acts of any third parties, or any maintenance;
6.4.4. the Licensor shall not be held liable for contents of any website(s) whenever link(s) to such website(s) is (are) incorporated in the Software as reference(s) to quotation sources;
6.4.5. the Licensor shall not be held liable for presence/absence of any viruses at the websites whenever links to such websites incorporated in the Software and/or for any other damages caused to the Licensee’s software and/or hardware and/or for any other things resulting from the Licensee following these web links;
6.4.6. the Licensor shall not be held liable for performance of the website whenever a link to such website is incorporated into the Software once the Licensee is using the Software.
6.5. In case the Licensee uses the Software in a way that is not prescribed hereby, or upon expiry hereof or in case the Software is used in any other way beyond the scope of rights granted hereunder; this shall entail liability for infringement of the exclusive right to the intellectual property as prescribed by the laws of the Russian Federation and in this case the Licensor shall have the right to unilaterally terminate this Contract without recourse to court and to revoke the License.
6.6. The Licensor shall not be held liable for limiting access to the Software.
6.7. In case the Software contains any links to any third-party websites, the Licensor does not hereby guarantee that such websites are the primary source of information.
7.1. This Contract shall be deemed terminated automatically once the Licensee’s Account is deleted.
7.2. This Contract shall apply to all the updates and new releases of the Software.
7.3. The Licensor shall reserve the right to unilaterally amend this Contract. Should the Licensee disagree with the amendments introduced, he/she/it shall stop using the Software within 5 business days upon the effective date of the above amendments and terminate this Contract unilaterally.
7.4. Banking and contact details of the Licensor are listed in clause 7.9. herein below.
7.5. The Licensee shall provide his/her/its contact details when filling in the registration form, in the Personal Account in the Software or in any other way as may be agreed by the Parties. The Licensee shall incur all the risks entailed by providing faulty (invalid) contact details.
7.6. The Parties hereby agree that all the disputes that may arise between them hereunder shall be submitted for resolution to the court (general court, arbitration court) for the seat of the Licensor.
7.7. Any expenses related to dispute resolution at court shall be covered by the Party that was awarded to pay the main amount to be collected.
7.8. The Parties hereby commit to pay all the penalties and other sanctions related to non-compliance with the court decision.
7.9. The Parties shall take all the reasonable measures to resolve the dispute as soon as possible and the Parties hereby agree that all the notices, letters, resolutions, decisions and rulings of the court as well as any other documents related to the reviewed case shall be emailed, sent by internet, by fax and that the copy of statement of claim and any enclosures thereto may be handed personally to the defendant’s representative and that only the means of sending is to be kept on record.
The Licensor: JSC Antiplagiat
121205, territory of the innovation center "Skolkovo", Bolshoy boulevard, 42, building 1, Moscow, Russian Federation
Principal State Registration Number (OGRN) 1057747076078
Taxpayer Identification Number (INN)/Tax Registration Reason Code (KPP) 7705664677/773101001
Director General: V.A. Funtov