MTS Licensing Agreement (Public Offer)

Copyright (c) MTS 2024, all rights reserved

1. Scope of the Agreement 1.1. Mobile TeleSystems Public Joint Stock Company (4 Marksistskaya St., Moscow 109147, Russian Federation, OGRN 1027700149124) (hereinafter — “MTS”) grants any person (hereinafter — “User”) the right to use the MTS Analytics program (hereinafter — “Software”) by using it for its functional purposes under an ordinary (non-exclusive) license. 1.2. MTS shall grant the User the right to use the Software indefinitely, worldwide. 1.3. The Software shall be provided to the User free of charge. 1.4. The Agreement shall be deemed concluded from the moment of its acceptance by the User. Acceptance shall mean downloading/installing the Software to the User’s device.
2. Terms of Use of the Software 2.1. The User must not: 2.1.1. alter, add or delete any files of the acquired Software, 2.1.2. delete any copyright information, 2.1.3. undertake any actions aimed at destabilizing the Software operation, attempts to gain unsanctioned access to the Software and/or results of intellectual activities placed in or accessible through the Software, 2.1.4. sub-license the Software, create conditions for the use of the Software by third parties. 2.2. MTS shall have the right to: 2.2.1. make changes to the functionality of the Software.
3. Liability of the Parties 3.1. The User agrees to compensate MTS for any losses incurred by MTS in connection with the use of the Software by the User, and/or in case of violation of the User Agreement, and/or in case of violation of third party rights. 3.2. In the event of a third party making a claim against MTS in connection with the use of the Software by the User in violation of the Agreement, the User undertakes to resolve such claims with a third party independently and at the User’s own expense. 3.3. The Software is provided “as is” and MTS does not guarantee that all of its functional capabilities will meet the expectations and objectives of the User, or that they will be able to be used for the User’s specific goal, or that the operation of the Software will be uninterrupted, secure or error-free. MTS does not guarantee correction of all defects, prevention of interruptions caused by third parties or by unsanctioned access by third parties. 3.4. MTS shall not be liable for any errors, omissions, interruptions, deletion, defects, delays in processing or transmission of data, theft, destruction or unauthorized third-party access to the Software. 3.5. MTS does not initiate nor control the placement by the User of any objects in the process of using the Software, does not influence content and integrity of information/materials, as well as does not and can not know, at the moment of their placement, whether they violate any legally protected rights and interests of third parties, international agreements, and legislation of the Russian Federation. 3.6. If errors are identified while using the Software, MTS shall take measures to fix them as soon as possible. The Parties agree that it is impossible to determine the exact time period for eliminating errors, if any are identified. 3.7. In accordance with article 15 of the Civil Code of the Russian Federation, liability of MTS under the Agreement is limited to 10,000 (ten thousand) rubles in any event. Liability can only be applied to MTS if there is fault in its actions.
4. Dispute Settlement Procedure 4.1. In case a dispute occurs, the interested Party shall send a written claim signed by an authorized person. 4.2. The Party to whom the claim has been sent must review it and notify the interested Party of the results within 15 (fifteen) business days from the date of receipt of the claim. 4.3. In case of non-settlement of the dispute in the claim procedure, as well as in case of non-receipt of a response to the claim within the period specified in clause 5.2 of the Agreement, in accordance with article 37 of the Arbitration Procedural Code of the Russian Federation the Parties have agreed to change the jurisdiction established by articles 35 and 36 of the Arbitration Procedural Code of the Russian Federation as follows: 4.3.1. a lawsuit (claim) arising from the Agreement shall be submitted to an arbitration court at the location of the claimant (any branch). The choice between arbitration courts whose jurisdiction covers the case in accordance with this clause shall be made by the plaintiff. 4.3.2. if the amount of the lawsuit is higher than 15,000,000 rubles, such lawsuit shall be brought before the Moscow City Arbitration Court.
5. Scope, Modification and Termination of the Agreement 5.1. The Agreement shall come into force from the date of acceptance of the Agreement and shall remain effective indefinitely. 5.2. MTS reserves the right to amend and/or supplement the Agreement at its discretion, at any time. The current edition of the Agreement is available in the Software. 5.3. Further use of the Software after any such amendments means that the User agrees with such amendments and/or supplements. If the User refuses to comply with the Agreement, the User shall cease to use the Software. 5.4. The Agreement shall apply to all subsequent updates/new versions of the Software. By installing an update/a new version of the Software, the User agrees with the Agreement, if updating/installing a new version of the Software is not accompanied by a new version of the Agreement. 5.5. The Agreement may be terminated prematurely: 5.5.1. At the initiative of the User by terminating the use of the Software and deleting it from all of User’s devices. 5.6. The Agreement, as well as relations between MTS and the User, shall be governed and construed in accordance with the laws of the Russian Federation.