THE AGREEMENT OF USING “OSMINO WI-FI” SYSTEM
This agreement (hereinafter referred to as the “Agreement”) has been entered by and between you personally (if you enter into the Agreement on its own behalf) or between the legal entity in which interest you operate (hereinafter referred to as the “User”), for one party, and ZAO RIWW, a legal entity registered under the laws of the Russian Federation, being the Title Holder of exclusive rights to Osmino System software (hereinafter referred to as the “Title Holder”), hereinafter referred as the “Parties” and separately “Party”.
The installation and/or use of osmino Wi-Fi System (hereinafter referred to as the “System”) provides for User’s express, full and unconditional consent to all provisions and paragraphs of this Agreement.
The System has been designed for the purposes of Users’ search of information on opened Internet access networks of individuals or legal entities (including, without limitation network name).
-- is not designed for data storage and/or processing and/or storage of search request results, and the Title Holder shall not use User’s Data independently;
-- consumes certain system resources of the User’s hardware and the traffic including, without limitation, based on and/or as a result of preparing and making of other Users’ search requests.
For the purposes of this Agreement, “Product” shall mean a compiled version of the System, including search modules and other engineering and linguistic solutions and developments included into the Product, and also their respective distributives and versions, codes and source codes as well as any other documentation for or in connection with product use. The Product’s operation principle is based on:
- automatic connection to opened wi-fi networks;
For the purposes of this Agreement, “Data” shall mean the data comprising data stores to be processed by System Users, containing data on wi-fi network location, wi-fi network name.
To receive information, the User shall install System additional software modules.
The results of available network information processing are delivered on the data panel in a real-time mode.
This Agreement shall come into force from the Product installation to the User’s hardware.
This Agreement entitles to install the Product solely to the User’s hardware. The Product may be used on any terns other than provided for in this Agreement only upon entering into a respective Partnership Agreement.
To enter into the Partnership Agreement, you may address the Title Holder on the Title Holder’s site.
2. Fixing of Procedure for Product Use and Delimitation of Parties’ Rights with respect to the Product
Subject to this Agreement, the Title Holder shall entitle the User, under the procedure and on terms hereof, to use one copy of the Product;
All and any provisions of this Agreement shall cover both the entire Product and all and any its certain components and/or elements, whether existing as of the date of entering into this Agreement or those to be developed in future;
(в) This Agreement gives the User neither proprietary nor non-proprietary rights to the Product and/or component(s) thereof, but solely the right to use the Product subject to the terms and conditions of this Agreement;
The Product may be used to make one backup copy of the complex software as installed on the User’s hardware, provided that the User has taken all and any necessary measures to prevent from third-party access to the Product;
The User shall not copy the Product in any form whatsoever including, without limitation, as a source code; in any way deliver the same to any third parties whatsoever, or distribute the Product and/or any components thereof in any fashion; develop and/or create any online services and/or resources based on the Product including, without limitation, letting the Product and/or its components on lease or hire the same as well as any sites and/or online services developed and/or created based on the same;
(е) The User shall not be entitled to perform or allow performance, with respect to the Product, of the following actions: automatic generation of requests, reverse engineering, decompiling or disassembling; translation, modification or any other processing of the Product and/or its compiled / object code; perform any other actions aimed at the violation of the Product protection against the unauthorized use and obtaining of data on architecture solutions as used in the Product, and also shall not develop any derivative software and/or services using the Product, or use the Product in any other way save as directly provided for in this Agreement;
It is strictly prohibited to delete Data on Title Holder’s copyright to the Product;
Any use of the Product contrary to effective laws is strictly prohibited;
The Title Holder shall be entitled to lock User’s requests needing to make no notice of such lock , or to reject accepting User’s requests and/or lock User’s access to service(s) or the Product if such requests are generated automatically or if the information placed by the User affects third party interests or has wrongful, criminal or immoral nature.
The Title Holder keeps from guaranteeing due compliance of the Service operation results with the User’s goals, objectives and/or expectations; Service continuous and error-free operation, and also accuracy, correct form of presentation, and actuality of the information received by the User. The User shall independently assess all risks and be fully liable for the User’s actions in connection with the Service use. The User shall be independently responsible for all and any losses which the User may incur as a result of and/or in connection with the use of information received.
This being the case, the User hereby acknowledges the Title Holder’s right without explanation of the reasons for the same, to limit or restrict User’s access to the services or Product.
The Title Holder reserves to restrict access to or completely terminates operation of the Service, without giving notices to users.
Subject to the terms and conditions of this Agreement, exclusively for the purposes of improving the Services quality, the User allows the Title Holder, not limiting the term, territory and/or way and means of use, use the following information:
search requests and User hardware search requests processing results;
The User hereby gives the User’s consent to the fact that:
- theTitle Holder reserves the right to provide User’s data upon respective requests from duly authorized governmental bodies.
- User hardware ID, User hardware model, User hardware location, Wi-Fi MAC-address;
- search request processing results are executed by search algorithms, based on the analysis of the following source data: a) processing results of other user search requests; b) processing results of information available from opened sources.
- all and any rights to use wi-fi networks are owned or may be owned by third parties;
This being the case, the Title Holder neither bears nor shall bear any responsibility and/or liability for the consistency, adequacy and/or reliability of source data and/or for the consequences of using source data processing results;
- the Title Holder keeps from guaranteeing due compliance of the Service operation results with the User’s goals and objectives; Service continuous and error-free operation, and also accuracy, correct form of presentation, and actuality of the information received from the processing of search requests by information User. The User shall independently assess all risks and be fully liable for the User’s actions in connection with the use of Service or search request processing results including for correct and continuous operation of User’s hardware. The User shall be independently responsible for all and any losses which the User may incur as a result of and/or in connection with the use of information contained in search request processing results.
-- this Agreement does not govern relationship between the User and wi-fi network owner or other title holders (other persons holding the titles and/or rights to operate wi-fi networks or information on such network name and/or wi-fi network access password).
-- the Title Holder has no powers to grant any licenses and/or authorizations to use wi-fi networks, applications and/or their contents the information whereof is included in the search request processing results, to the User.
When using the information obtained as a result of User search request’s processing, the User shall independently (other than in cooperation with the Title Holder) enter into legal relationship with wi-fi network owner and/or other third parties holding rights to the wi-fi network information obtained by the User.
When using the information obtained as a result of User search request’s processing, the User shall independently (other than in cooperation with the Title Holder) bear all and any risks in connection with the use of information included in the User search request processing results.
When using the information found as a result of processing User’s search request, the User shall independently (other than in cooperation with the Title Holder) be liable for all and any possible violations of effective laws.
3. User’s Warranties and Obligations
The right to use the Product has been granted by the Title Holder to the User provided that the User makes the following representations and warranties:
for the purposes of using the Product, the User shall and will act in good faith, shall not and will not violate any norms and provisions of effective laws;
for the term of this Agreement, the User shall maintain all and any representations and/or warranties as made by the User in full force and effect;
should all or any of the representations and/or warranties made by the User be or become invalid, the User shall lose the right of use and shall erase the Product from all devices of the User;
the User hereby agrees that the Product has been developed for an indefinite range of hardware and indefinite range of software including, without limitation, that installed before the date of entering into this Agreement or within the term hereof, and/or the installation of this Product may have effect on the operation of other software installed on the User’s hardware and/or the very such hardware. In this connection, the User has taken, before the installation of the Product, all and any measures necessary to ensure correct operation of the hardware and good integrity, safety and security of data recorded to the User’s hardware (including, but not limited to, such data backup, etc.). The User shall also take all and any measures necessary for due performance of this contractual obligation for the term of this Agreement;
User shall, for the term of this Agreement, take all and any actions necessary for due protection of User’s hardware against malware adverse effect;
the User hereby agrees that:
-- the use of Product in connected with the use of mobile Internet and User hardware’s functionality which use entails additional expenses for the User including, but not limited to, that incurred beyond User’s actions or declaration of intention or will, in which connection the User assumes to independently incur such expenses or any other encumbrances and/or charges in connection with the same.
-- in the future, the User may modify the Product version which, in turn, may entail necessary installation of Product updates or installation of a Product new version and/or entire complex software as installed on the User’s hardware including inter alia on the terms other than provided for in this Agreement, particularly, addition of new paid services. Also, the User hereby agrees that the Title Holder reserves the right to charge license payments for using the Product, from the User, but only with the User’s consent. This being the case, if the User gives no such consent, the User shall uninstall / erase the Product.
-- the Title Holder shall be entitled to transfer and/or assign its respective rights hereunder to any third party whatsoever, suspend or cease System or Product operation, or reject any further provision of services to the User including, without limitation, making all or any of the aforesaid without cause and at its own discretion;
- the Title Holder shall keep from selling, transferring and/or assigning any personal data / details to any third parties whatsoever. User’s personal data and/or contact details may be disclosed solely as required by duly authorized bodies;
- the System shall use the contents of information recorded on the User’s hardware, the System has access to, only for the period of System’s installation to the user’s device. Upon System’s removal, data processing shall be ceased. Upon System’s de-installation, the data shall be automatically deleted promptly upon ascertainment of the System’s de-installation by Title Holder’s software functionality;
- any operations with data, the System has access to, shall be performed only when the device is operative and the application is turned on;
(g) Also, the User shall:
- keep from laying claims to the Title Holder or release the Title Holder from the Title Holder’s obligations and/or liabilities conditioned by failure to achieve expected results from the use of Product and/or changes in the functionality of hardware or software as installed to the hardware (including, without limitation, deterioration of hardware operability down to hardware or software total inoperability), and/or additional expenses including, but not limited to, that incurred beyond User’s actions or declaration of User’s intention or will;
- keep from laying claims to the Title Holder or release the Title Holder from the Title Holder’s obligations and/or liabilities conditioned by incorrect provision of Data by other Users including, without limitation, that consisting in the provision of data as per regional standards;
- keep from actions to obtain source codes, transfer of software copies to other persons, modification of the software provided;
- The User agrees that the User may reject provision of Data to other Users only upon full erasure of the Product from the User’s hardware.
4. Liability of Parties
Any violation of the terms, conditions and/or provisions of this Agreement entails liability provided for in applicable laws;
The Title Holder shall not be liable to the User or any third parties whatsoever for any damages, loss of profits, information, data and/or savings in connection with the use including, without limitation, non-correct one, or in connection with any failure to use the Product, even if the Title Holder failed to notify of such possible damages and/or losses in advance, or under any third-party claim;
The User hereby agrees to reimburse the Title Holder for all and any duly documented expenses, damages, losses, costs and charges incurred by the Title Holder in connection with any possible third-party actions provided that such actions resulted from invalid warranties of the User or breach of User’s warranties or actions of the User in connection with the use of Product including, but not limited to, court expenses, costs, losses and/or damages incurred in connection with recourse to injunctive relief, legal aid in course of proceedings, payment of administrative and/or criminal penalties and/or other pecuniary penalties, compensation for moral damages, expenses on counter advertising. The User also recognizes hereby Title Holder’s rights to suspend, if and where the User breaches any warranties provided by the User, User’s access to service(s) or the Product.
5. Amendments and Addenda to and Termination of Agreement
Should this Agreement be terminated, the User shall cease to use the Product, and erase its Product copy in full from the devices of the User;
The User may terminate this Agreement upon erasure of the Product from the User’s hardware in full;
If a competent court adjudges any provisions of this Agreement invalid, the rest of the Agreement will remain valid and continue to have effect;
All and any amendments and/or addenda to this Agreement shall be made by the Title Holder with placing such amendments and/or addenda (up to full replacement of the text hereof for any other text) on the software Title Holder’s site at: http://osmino.com/agreementwifi.html
I have read and understood the terms, conditions and provisions of the Agreement, accepted them unconditionally, and will perform the same rigorously and unfailingly.