SPECIAL PURPOSE COMPUTER OPERATING SYSTEM «ASTRA LINUX SPECIAL EDITION» END USER LICENSE AGREEMENT

ATTENTION! Please carefully read the following license agreement before You start installing, running or otherwise using the Software. By using the Software (including installing, running, etc.) You consent to be bound by the terms and conditions of this license agreement.

This end user license agreement (AGREEMENT) is a legal agreement between Licensee (You, whether individual or legal entity - END USER) and Licensor (Limited liability company “RusBITech-Astra” - RIGHTHOLDER) — rightholder of the special purpose computer operating system “Astra Linux Special Edition” (SOFTWARE). If the END USER and the RIGHTHOLDER conclude direct license contract granting a non-exclusive license to use SOFTWARE, this AGREEMENT and all its terms shall become an integral part of it. By installing, running or otherwise using the SOFTWARE the END USER consents to be bound by the terms and conditions of this license agreement. If You do not accept and comply with these terms, You may not use the SOFTWARE. In this case You shall not install, run, copy or otherwise use the SOFTWARE and You may return the SOFTWARE to the retailer provided that the package is safe (not open).

1. GENERAL terms
    1.1. The SOFTWARE is protected under copyright law, international intellectual property treaties, as well as laws of the Russian Federation. The END USER shall be fully liable in relation to the RIGHTHOLDER for any damage resulting from a breach of the RIGHTHOLDER’s rights under the laws of the Russian Federation.
    1.2. The SOFTWARE correspondence to the established requirements of information security is approved by the certificate obtained in accordance with the Russian legislation requirements.
    1.3. This AGREEMENT does not grant You any exclusive intellectual property rights of the SOFTWARE and its components. You acknowledge that the license, granted under this AGREEMENT only provides You with a right of limited use the SOFTWARE and its components under the terms and conditions of this Agreement. All the elements of the SOFTWARE as a single whole are protected under this AGREEMENT.
    1.4. You are granted a non-exclusive license to use the SOFTWARE.
    1.5. The RIGHTHOLDER pertmits You to use the SOFTWARE without any license contract only in testing purposes i.e. evaluation of its technical features for future obtaining. If the RIGHTHOLDER grants You the rights on the testing basis without any appropriate license contract the rights are considered to be granted on a non-exclusive license to use the SOFTWARE in accordance with this AGREEMENT for a period of ninety (90) calendar days. You need a RIGHTHOLDER’s written permission to test the SOFTWARE on the terms different from described in this AGREEMENT.
    1.6. The SOFTWARE includes the computer program itself on the corresponding material objects, electronically, in non-volatile memory or otherwise as well as attendant printed materials and documentation in electronic form. The form of delivery is described in a appropriate contract.
    1.7. The RIGHTHOLDER guarantees the SOFTWARE operation performance based on the tests’ results carried out on RIGHTHOLDER’s recommended compatible equipment. In case of the equipment’s absence in the recommended list the RIGHTHOLDER has the right to decline the technical support requests or suggest to update a separate license contract with applicable charges including on a paid-for basis. The list of recommended equipment as well as compatibility certification regulations are published on RIGHTHOLDER’s website www.astralinux.ru.
    1.8. The SOFTWARE is a complex object and contains both the RIGHTHOLDER’s own developments and other licensors.
    1.9. In case You breach any of the terms and conditions of this AGREEMENT Your license may be revoked by the RIGHTHOLDER. Any such revoke shall result in immediate termination of the SOFTWARE usage by the END USER, uninstallation of the SOFTWARE and destruction of all its copies and components.
    1.10. The license terms specified below are applicable to the SOFTWARE as a single whole as well as to each SOFTWARE component.
    1.11. The term of the granted rights, the amount of remuneration as well as the scope of the granted rights are specified in an appropriate license contract.
2. NON-EXCLUSIVE LICENSE
    2.1. You are granted a non-exclusive license to install and use the SOFTWARE on ONE COMPUTER (ONE VIRTUAL MACHINE) within the scope of the SOFTWARE functionality. You have the right to make a copy of the SOFTWARE solely for back-up purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This back-up copy can be used only under the terms of this AGREEMENT and rules described in SOFTWARE printed materials and documentation in electronic form.
    2.2. You are granted the rights under this AGREEMENT only if You consent to be bound by the terms and conditions of this license AGREEMENT as well as of the SOFTWARE technical documentation and functionality.
    2.3. The RIGHTHOLDER provides a removal of defects, vulnerabilities and malfunctions of the SOFTWARE received by the END USER. The RIGHTHOLDER provides a removal of defects and malfunctions of the SOFTWARE in the order determined in the in-line documentation towards the SOFTWARE produced no earlier than eighteen (18) months before a contract conclusion.
    2.4. The END USER has the right to receive SOFTWARE updates, technical support and other RIGHTHOLDER’s or its representative’s services only under a separate agreement with the RIGHTHOLDER or its representative.
    2.5. The RIGHTHOLDER commits to notify the END USER of the security bulletins, containing methodical recommendations and/or security updates to neutralize the SOFTWARE vulnerabilities.
3. END USER OBLIGATIONS
    3.1. According to p.2.5. of the AGREEMENT the END USER is obliged to apply in full the security bulletins issued by the RIGHTHOLDER including guidelines and/or the security updates to neutralize the vulnerabilities of the SOFTWARE. You shall be solely responsible for possible security violation while using the SOFTWARE if You do not apply methodical recommendations and/or security updates to neutralize the SOFTWARE vulnerabilities.
    3.2. You relinquish Your rights to run the SOFTWARE after granted rights expiration period. You are obliged to uninstall the SOFTWARE and destruct all its copies (subparagraph 2 p.1 article 1280 of the Civil Code of the Russian Federation) or obtain licenses for a new period of time.
    3.3. The END USER is obliged to accept the SOFTWARE towards that the RIGHTHOLDER provides a removal of defects and other vulnerabilities of the SOFTWARE in the the order determined by the RIGHTHOLDER regularly or at least as often as once every thirty-six (36) months during the term of the granted rights.
    3.4. The END USER is obliged on a regular basis to review the relevant version of this AGREEMENT available on the RIGHTHOLDER’s website https://astralinux.ru/information/licenses
4. LIMITATIONS
    4.1. The unique program algorithms realized by the RIGHTHOLDER as well as SOFTWARE’s source codes that realize those algorithms are the RIGHTHOLDER’s commercial (trade) secret. Any usage of those algorithms or codes as well as the usage of the SOFTWARE that breaks the terms and conditions of this license AGREEMENT is considered to be the violation of the RIGHTHOLDER’s rights and is sufficient for the END USER to be deprived of the rights granted by this AGREEMENT.
    4.2. You SHALL NOT:
        4.2.1. Use the SOFTWARE while pursuing entrepreneurial activities as well as install the SOFTWARE on the computers of legal entities (of any legal form), public authorities and/or individual entrepreneurs without the appropriate separate license (sub license) contract.
        4.2.2. Decompile and disassemble any portions of the SOFTWARE with the sole exception of a non-waivable right granted to You by applicable legislation of the Russian Federation.
        4.2.3. Rent, lend or lease the SOFTWARE without any appropriate contract concluded with the RIGHTHOLDER.
        4.2.4. Distribute the SOFTWARE, its modifications or code translation.
        4.2.5. Install the SOFTWARE on more than ONE computer without the appropriate license contract.
    4.3. The RIGHTHOLDER is not liable for any information processed or derived as a result of using the SOFTWARE.
    4.4. This AGREEMENT does not grant You any rights for the intellectual property including any trademarks or service marks of the RIGHTHOLDER and/or its partners.
    4.5. The END USER shall not delete or change the information about the copyright, trademarks, patents and other proprietary intellectual property in the SOFTWARE.
    4.6. In any way the END USER shall not use the SOFTWARE by methods that contradict or violate the legislation of the Russian Federation.
    4.7. In no event shall the RIGHTHOLDER, its partners or contractors be liable for the third parties’ actions, temporary technical failures and interruptions in the operation of the SOFTWARE caused by malfunctions of the technicl means used or similar failures, caused by the deficiencies of the computer, that the END USER used to operate the SOFTWARE.
    4.8. To the maximum extent permitted by applicable law, in no event shall the RIGHTHOLDER, its contractors or partners be liable for any damages, including damages for loss of profits or confidential or other information, for economic loss, arising out of or in any way related to the use of or inability to use the SOFTWARE.
    4.9. The SOFTWARE is provided "AS IS" and the RIGHTHOLDER makes no representation and gives no warranty as to fitness of the SOFTWARE for a particular purpose and END USER’s expectations. The RIGHTHOLDER also gives no warranties that are directly not specified in the AGREEMENT. You assume all faults, and the entire risk as to performance and responsibility for selecting the SOFTWARE to achieve your intended results, and for the installation of, use of, and results obtained from the SOFTWARE.
    4.10. The RIGHTHOLDER does not initiate or control the END USER’s placement of information while using the SOFTWARE. The RIGHTHOLDER does not affect such information, its content and integrity. The RIGHTHOLDER does not know and has no chance to know whether END USER’s information infringes third parties’ rights and interests, international treaties or Russian legislation.
5. TERM
    5.1. The AGREEMENT comes into effect from the moment of the SOFTWARE installation or copying and is valid through the lawful usage of the SOFTWARE by the END USER within the copyright law terms provided that the END USER is bound by the terms and conditions of this AGREEMENT.
    5.2. The RIGHTHOLDER has the right to terminate this AGREEMENT if the END USER violates terms and conditions of the AGREEMENT.
6. INTELLECTUAL PROPERTY RIGHTS
    6.1. Intellectual property objects of the SOFTWARE, its components (including but not limited by multimedia, text and programs, as well as attendant printed materials) and any copy thereof are owned by the RIGHTHOLDER except for the cases in p.6.2 of the AGREEMENT.
    6.2. Intellectual property objects that are not developed by the RIGHTHOLDER but are the part of the SOFTWARE (including but not limited by multimedia, text and programs) and which are rendered by the SOFTWARE are owned by respective licensors and are protected by international treaties and the legislation of the Russian Federation. Title to such intellectual property objects shall be regulated in accordance with the applicable license agreements written by the licensors.
    6.3. The RIGHTHOLDER guarantees that owns the necessary legal title to provide the END USER with the rights under this AGREEMENT including the SOFTWARE documentation.
    6.4. Violation of the intellectual rights to the SOFTWARE shall result in civil, administrative or criminal liability in accordance with the law of the Russian Federation.
7. WARRANTIES
    7.1. The RIGHTHOLDER guarantees that:
        7.1.1. The SOFTWARE is provided complete, correspondent to the printed or electronic materials.
        7.1.2. The SOFTWARE will substantially perform according to the specifications and descriptions set forth in printed or electronic materials or exceed it.
    7.2. The present limited warranty shall not apply to malfunctions, defects, or failures resulting from negligence, improper operation or maintenance as well as to cases from p.4.7 of the AGREEMENT.
8. GOVERNING LAW, ARBITRATION
    8.1. This AGREEMENT is governed by the international treaties ratified by the Russian Federation and the intellectual property legislation of the Russian Federation.
    8.2. If any provision of this AGREEMENT is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, the entire AGREEMENT will not fail on account thereof.
9. PRIORITY APPLICATION
    9.1. The RIGHTHOLDER has the right to change the terms of this AGREEMENT without any written notification. The relevant version of the AGREEMENT is available on the official website of the RIGHTHOLDER https://astralinux.ru/information/licenses and is mandatory to use by the END USER from the date of its publication.
    9.2. In case of any contradictions between the electronic documentation incorporated in the SOFTWARE and this AGREEMENT available on the official website, this AGREEMENT takes the precedence (including the scope of granted rights).
