TERMS OF PROVIDING ADDITIONAL CONTENT

The given terms regulate the purchase of the Additional Content by the Licensee. This Annex remains valid only for the Additional Content. If a license agreement refers to this document, it shall be applied as if it was an integral part of it.

 

1. Types of Additional Content and specifications of use

1.1. Paid Additional Content is the Additional Content purchased by the Licensee at extra charge. Hereinafter the term “Additional Content” shall be used for any Paid Additional Content.

1.2. Free Additional Content is the Additional Content purchased at no charge but which may have specific additional requirements or limitations including terms of use, functionality, etc. The Free Additional Content may be a software product that is still in development and testing, which may require the Licensee to provide usage reports or other feedback on the Additional Content per the Licensor’s request.

1.3. The Parties hereby understand and agree that provision of the Free Additional Content shall not be considered as gratuitous transfer or donation of property rights. Provision of the Free Additional Content is subjected to certain limitations of the Licensee’s rights of use of such Content and may result in additional responsibilities of the Licensee.

1.4. The Free Additional Content shall meet the same requirements and conditions which apply to the Paid Additional Content, unless otherwise directly determined by terms of acquisition of the Free Additional Content.

1.5. The Additional Content shall be subject to the terms and conditions that apply to the Software Products, unless otherwise stipulated by these Terms.

1.6. In certain cases expressed directly by the Licensor, the purchase of the Additional Content may require signing an additional agreement with the Licensor or the other party which is the right holder of the Additional Content. If such additional agreement is in place, the use of the Additional Content shall be regulated by the terms and conditions stipulated in this Agreement and these Terms in regard to its interaction with the interface of the Licensor’s automated billing system and the Licensor’s Website.

1.7. The list of the Additional Content shall be available on the Licensor’s Website and may be changed periodically. The Licensee has the right to purchase only the Additional Content available on the Licensor’s Website at the point of purchase.

1.8. The transfer of rights to the Additional Content shall be governed by the terms and conditions of this Agreement, unless otherwise determined by these Terms or specifications of purchase of the Additional Content.

1.9. The Licensor hereby confirms that the Licensor has all rights to license the Additional Content provided per DL as specified hereafter. In regard to the Additional Content provided per SLI or SLWI as specified hereafter the Licensor has the required licenses and permissions to provide the Content to the Licensee, including the right to sublicense. If any claims related to the rights to the Additional Content are received by the Licensee from third parties, including, but not limited to, trademark rights, the Licensee shall immediately inform the Licensor of such claims and coordinate its actions with the Licensor before doing any further actions, including replying to the claim. If this order is not followed, the Licensor shall not be liable for any losses that the Licensee may have as the result of its self-activity.

 

2. Purchase of Additional Content

2.1. The purchase of the Additional Content shall be made via the interface of the Client area  and/or via the interface of Software products. The purchase of the Additional Content by any other means not directly allowed by the Licensor, as well as making any payments related to the Additional Content via any third party resources bypassing the Client area is not permitted and shall be treated as a material breach of this Agreement. If case of any of the abovementioned violations, the Licensor shall have the right to immediately and at its sole discretion:

• deprive the Licensee of using the Additional Content to which the violation was made; and/or
• suspend these Terms in regard to any future purchases of the Additional Content; or
• terminate this Agreement.

Notwithstanding the determined sanction, the Licensor shall not be liable for any losses or lost profit that the Licensee may experience after the sanction had been applied.

2.2. The Licensee hereby understands and agrees that the Licensee shall automatically lose the right to use the Additional Content purchased after this Agreement had been terminated, even if the grounds for termination are not related to the use of the Additional Content, unless the Additional Content was purchased per SLWI as specified below.

2.3. The Additional Content may be provided by using one of the following methods:

2.3.1. Direct License (“DL”): The Licensor provides the Licensee with the Additional Content, with the rights to it fully owned by the Licensor.

2.3.2. Sublicense with Integration (“SLI”): The Licensor provides the Licensee with the Additional Content per a sublicensing agreement; the end right holder of the Additional Content is the third party that provided the Licensor with the right to sublicense the Additional Content. SLI requires the Additional Content to be technically integrated with the Software Product (Software Products) and to be used entirely via the functionality of the Software Product.

In this document the technical integration means the interaction between the Additional Content and the Software Product, when the Additional Content connects to the Software Product to extend the functionality of the Software Product. The general use of the integrated Additional Content as a standalone program is not allowed. The technical integration may apply to modules, plugins, add-ons, extensions, etc.

2.3.3. Sublicense without Integration (“SLWI”): This method is identical to SLI with the only difference that the Additional Content is not integrated with the Software Product and may be used without the necessary connection to any of the Software Products. The license for the Additional Content provided per SLWI may remain valid after the Agreement termination if it was agreed by the Licensee and the corresponding SLWI right holder.

2.4. Specifications of providing the Additional Content per Direct License (DL).

2.4.1. If the Additional Content purchased per DL is technically integrated with the Software Product, the validity of the rights to the Additional Content given to the Licensee shall not exceed the validity of the corresponding rights to the specified Software Product given to the Licensee, unless otherwise stipulated for the specific Additional Content. If the rights of the Licensor to the corresponding Software Product expired for any reason, the Licensor shall be automatically deprived of the right of using the corresponding Additional Content without any obligations for the Licensor to pay any compensation to the Licensee.

2.4.2. Technical support for the Additional Content per DL shall be regulated by the terms and conditions of License agreement, unless otherwise determined for the specific Additional Content.

2.5. Specifications of providing the Additional Content per Sublicense with Integration (SLI).

2.5.1. By purchasing the Additional Content as SLI the Licensee fully understands and agrees that all exclusive rights to this Additional Content shall belong to the third party (the right holder) who at its own discretion determines technical specifications of the Additional Content, for which the Licensor shall not be liable.

2.5.2. SLI shall be regulated by the same terms and conditions that regulate DL in section 2.4.1.

2.5.3. The Licensee shall read documentation of the right holder, which refers to the Additional Content per SLI. The compliance with the terms and conditions of this documentation shall be controlled by the corresponding right holder; however, the failure to comply with the terms of the documentation may result in revocation (termination) of the Licensee’s license on the Additional Content, which will lead to impossibility of using the corresponding Additional Content.

2.5.4. Update of the Additional Content per SLI shall be organized in compliance with the terms and conditions determined by its right holder. Such update may be performed in an automatic mode, which the Licensee is hereby informed of.

2.5.5. Technical support on the Additional Content per SLI shall not be provided by the Licensor if the question is not related to interaction between the Additional Content and the Software Products or the Licensor’s Website. Technical support of such Additional Content shall be provided by the respective right holder.

2.5.6. The Licensor may not guarantee proper performance and absence of any errors in the Additional Content provided per SLI and shall not be liable for such Additional Content, as well as for potential damage from its operation on the Licensee’s computers and systems and for potential damage from interaction between such Additional Content and the Software Products.

2.5.7. Use of Additional Content is subject to the End User License Agreement (EULA) of the copyright holder. By purchasing Additional Content, Licensee accepts the EULA and agrees to comply with it.

2.6. Specifications of providing the Additional Content per Sublicense without Integration (SLWI).

2.6.1. The purchase of the Additional Content per SLWI shall be regulated by the same terms and conditions that regulate the Additional Content per SLI in section 2.5.

2.7. The price of the Additional Content shall be defined on a basis of the information published on the Licensor’s Website.

 

3. Other provisions

3.1. The Licensee hereby agrees that the Licensor is not liable for testing and evaluation of the Additional Content, which exclusive rights don’t belong to the Licensor, its quality assurance, functionality, security, accuracy in materials provided with this Additional Content, as well as for any third party websites.

The Licensor may not provide any guarantees and shall not be liable for materials and websites of the third parties specified, as well as for any other materials, products, and services of such third parties.

3.2. The Licensee shall not use the materials of the parties which have the exclusive rights on the Additional Content in a way which may result in violation of rights of other parties and agrees that the Licensor is not liable for such usage under no circumstances.

3.3. The Licensee shall compensate to the Licensor any damage caused by the use of the Additional Content which rights belong to a third party in any unconscientious way or a way prohibited by law or the corresponding agreement if the third party submits a claim against the Licensor, which is related to the corresponding actions of the Licensee, and if after the adjudgment a competent court obliges the Licensor to pay for this damage.