License Agreement for Player

1. General provisions

1.1. This License Agreement (hereinafter the “License”) establishes the terms of use of Web Player Biganto virtual tours programs for Internet-browsers, Desktop Player Biganto virtual tours for the Microsoft Windows operation systems family, Mobile Player Biganto virtual tours version for Android, Mobile Player Biganto virtual tours version for iOS (hereinafter any of the above-mentioned programs shall be referred to as the “Program”) and is made between any person using the Program (“User”) and the Limited Liability Company “Biganto”, 34, Rozhdestvenskaya St., Office III, room 2, Moscow, Russia, 111674, the rightholder of the exclusive right to the Program (hereinafter the “Rightholder”).

1.2. The Program may be used exclusively subject to the terms of this License, unless otherwise agreed by the Rightholder and the User in a separate contract/agreement. If the User does not accept its terms in full, the User may not use the Program for any purposes whatsoever.

1.3. By installing the Program on its personal device, mobile device, copying it or otherwise using it, the User fully and unconditionally agrees with all the terms of this License.

1.4. The Program use in violation (in default) of any of the of the License terms shall be prohibited.

1.5. The Program use subject to the terms of this License shall be on a fee paid basis and worldwide.

1.6. Legal entities may use the Program worldwide within 5 years of the acceptance of this License on the terms agreed with the Rightholder in a separate document.

1.7. The Program use on the terms and in a way not provided for by this License shall be only subject to a separate contract/agreement with the Rightholder.

1.8. The Rightholder may provide to the User a translation of this License from Russian into other languages; however, in case of any discrepancies between the Russian text of the License and its translation, the Russian text shall prevail.

1.9. The Rightholder shall guarantee that it will take all appropriate measure within its control to keep confidential account data (login, password) used by the User for authorization on the Rightholder’s site and prevention of potential authorization by other persons.

1.10. Information on account data protection methods used by the Rightholder is contained in the Confidentiality Policy:

1.11. The Rightholder has all legal rights to the Program, including ownership and property rights, and all intellectual property rights (whether or not such rights have been registered and irrespective of jurisdictions in which they are exercised).

2. The License may be accepted as follows:

2.1. by clicking the Accept button, if such button is available on the user interface, or

2.2. by actual use of the Rightholder’s services, in which case you agree that the Rightholder will consider your using the Services as the acceptance of this License.

3. License

3.1. The License shall grant the right to use the Program as software and database, including access to the basic functions of the Program and information available on the site.

3.2. The Rightholder shall grant the User under the terms and conditions of an ordinary (non-exclusive) license the non-transferable right to use the Program worldwide in the following ways:

3.2.1. to use the Program for the intended functional purpose, for which to copy and install (reproduce) it on the User’s personal device(s). The User may install the Program on any number of personal devices.

3.2.2. to reproduce the Program as it is.

4. Limitations

4.1. Except for using the Program within the scope and by ways expressly provided for by this License or legislation of the Russian Federation, the User may not change, decompile, disassembly, decode and otherwise tamper with the Program compiled code with the aim of retrieving the Program source code and/or obtaining information on implementation of the Program algorithms, create derivative works using the Program, and otherwise use (authorize to use) the Program, unless authorized to do so by the Rightholder in a separate agreement.

4.2. The User may modify the Program exclusively for personal use and may carry out reverse engineering of the Program exclusively to eliminate errors in such modified versions. The User may not distribute, communicate, make available to the public or otherwise use such modified Program versions, other than for personal use.

4.3. The User may not, without written consent of the Rightholder, reproduce, distribute, make available to the public the Program in any form and by any means that are not expressly provided for by this License, including with other programs, as part of program product collections, with offering other programs, settings and other products, notwithstanding the purposes of such use.

4.4. The Programs shall be used under the names as indicated in para. 1.1 hereof.

4.5. The User may not change the Program name, change and/or remove copyright symbols or other references to the Rightholder or other persons available in the Program, documentation or other materials distributed with the Program.

4.6. The User agrees to refrain from removing, concealing or changing any proprietary notices (including copyright and trademark notices), that may be received together with, or using, the Program.

5. Notifications

5.1. The User is hereby notified and agrees that in case of using the Program, the Rightholder will be automatically and anonymously (without reference to the User) transmitted the following information: User device operation system type, Program version and identifier, Program functions use statistics and other technical information. The Program version for Android and iOS will also automatically and anonymously (without reference to the User) transmit to the Rightholder the following information: geolocation data, application use, installation and removal statistics, and other technical information.

5.2. All Program use-related data transmitted hereunder shall be kept and processed in accordance with the Confidentiality Policy:

5.3. The User is hereby notified and agrees that upon the Program installation, additional components (widgets, appendages) for the Program that interact with popular social networking sites, mail services and other tools may be automatically selected and installed, such selection being fully automated and without data transmission outside the User’s device.

5.4. The User is also notified and agrees that upon Program setup/run, additional programs necessary for particular Program functions may also be installed on the User’s device.

6. Disclaimer

6.1. The Program shall be provided “as is”. The Rightholder shall give no guarantees for the Program faultless and uninterrupted operation, the Program’s suitability for the User’s particular purposes and expectations and shall give no guarantees other than those expressly specified herein.

6.2. The Rightholder shall not be liable for any direct or indirect consequences of any use or impossibility to use the Program and/or for the damage caused to the User and/or third parties due to any use, including due to possible Program errors or poor performance.

7. Program updates/new versions

7.1. The Program may from time to time automatically download and install updates aimed at the Program improvement that may have the form of patches, plug-ins or completely new Program versions. The User is hereby notified of and agrees to automatic Program updating, including requesting, downloading and installation of the Program updates on the User’s device without further notice.

7.2. This License shall apply to all subsequent updates/new versions of any of and/or all the Programs. The installation of the Program update/new version shall mean the User’s acceptance of the terms of this License for respective Program updates/new versions, unless the Program update/installation of the new version involves another license agreement.

8. Alteration of this License

8.1. This License Agreement may be unilaterally altered by the Rightholder. The notice to the User about the alterations made to the terms of this License shall be published on the web page:

8.2. Any changes to the License unilaterally made by the Rightholder shall take effect on the day following the day on which such changes were published on the Rightholder’s Internet site. The User shall, at reasonable intervals and at its discretion, check the License for alterations. The User’s failure to review the License and/or amended License version cannot constitute the reason for the User’s default on his obligations and non-compliance with the limitations established by the License.

9. Guarantees and liability

9.1. The Rightholder shall not be liable for potential faults and interruptions in the Program operation and the resulting information loss. The Rightholder shall not be liable for any damage to the User’s computer, mobile devices, any other equipment or software arising out of or in connection with the Program use.

9.2. The Rightholder shall not be liable for third parties’ password attack or access to the personal disc space through the Rightholder’s site and any actions carried out by such third parties using the User’s electronic mail box/account.

9.3. The Rightholder shall not be liable for any damage, including lost profit, or harm inflicted in connection with the Program use, even if the Rightholder warned or pointed to the possibility of such damage or harm.

9.4. The Rightholder shall not be liable for the User’s loss of access to the Program (loss of login, password, or other information necessary for using the Program).

9.5. The Rightholder shall not be liable for any direct or indirect damage to and lost profit of the Licensee or other third parties resulting from:

9.5.1. unauthorized access of any third parties to the User’s personal information in case of the User’s authorization on the Rightholder’s site;

9.5.2. breakdown of the Program generally, removal of the User’s account.

9.6. The Rightholder shall be under no obligation to give the User any evidence of the User’s breach of the terms of this License that resulted in the denial of the User’s access to the Program or its particular functions or the termination and/or limitation of such access.

9.7. The User’s claims against the Rightholder shall be accepted and considered subject to the indication of the User’s relevant and reliable data (as indicated upon the account registration, electronic mail box address and other data). Considering possible existence of electronic mail boxes/accounts with similar account data, the Rightholder may request additional data and information allowing to determine the reason for the claim.

10. Miscellaneous

10.1. This License shall terminate, if:

10.1.1. the Rightholder decides to change the provisions of the License, to make a new agreement with the User, to terminate this License in respect of the User, to stop the Program administration and servicing and terminate access to the Program or the Program use by the User;

10.1.2. the User decides to discontinue using the Program by giving the Rightholder a relevant notice.

10.2. The Rightholder may at any time, without giving notice to the User and without giving any reason, to unilaterally and out of court terminate this License with immediate termination of access to and use of the Program without compensation of any expenses, damage or return of receipts under the License, including in case of any, including single, breach by the User of the terms of this Agreement License.

10.3. Invalidity of one or more provisions of the License acknowledged in accordance with the established procedure by the final court decision shall not entail the invalidity of the License generally for the Parties. If one or more provisions of the License are duly declared invalid, the Parties agree to perform their respective obligations hereunder in a way that is to the maximum extent close to that meant by the Parties upon conclusion and/or agreed alteration of the License.

10.4. The form and method of concluding this License shall be regulated by the provisions of the Civil Code of the Russian Federation that regulate the procedure for and terms of conclusion of an agreement by public offer acceptance.

10.5. All disputes hereunder shall be resolved by correspondence and negotiation using mandatory pre-trial dispute settlement procedure. If it proved impossible to reach an agreement between the Parties by negotiation within 45 (forty-five) calendar days of the receipt of a written claim by the other Party, the dispute shall be referred by any party concerned to a court at the place of location of the Rightholder.

10.6. This License and all relations in connection with the Program use shall be governed by laws of the Russian Federation, and any claims or actions arising out of or in connection with this License or the Program use shall be referred to and considered by a court at the place of location of the Rightholder.

10.7. On any matters related to the implementation of this License, please contact the Rightholder at: 34, Rozhdestvenskaya St., Office III, room 2, Moscow, Russia, 111674.

Version of 1 February 2019.

Your use of the Program shall mean your full and unconditional acceptance of the terms of this License Agreement.

If you do not accept the terms of the License Agreement in full, you may not legally use the Program for any purposes.