ZAO Torgovy Dom PEREKRESTOK (registered office: 1 Suvorovskaya Sq., Moscow, 103473, Russia), the copyright owner of the Work (the “Licensor”),
hereby grants the right to use the Work, under Article 1286.1 of the Civil Code of the Russian Federation, to a person intending to use the Work and willing to fully and unconditionally accept the terms of this open licence (the “Licensee”).
Subject of the licence: the right to use the Work, i.e.a specific photographic or audiovisual work published on the website http://mediaportal.x5.ru/, within the limits set forth herein. Each Work published on the above website shall require a separate open licence. Licence type: open (non-exclusive). Licence term: the duration of the exclusive right to the Work, starting from the date of the open licence. Territory where the Work may be used: worldwide. The open licence shall be granted free of charge.
The open licence shall be deemed an adhesion contract.The open licence shall be deemed granted(the adhesion contract shall be deemed made) as soon as the Licensee fully and unconditionally accepts the terms of the open licence(provides acceptance).The following Licensee’s actions shall be deemed acceptance: pressing the “I accept” button beneath the text of this open licence, as well as writing the Work to computer memory(saving, i.e.downloading the file containing the Work).
The Licensee shall use the Work only as expressly provided herein, namely:
- reproduce the Work, i.e.make one or more copies of the Work in any material form, as well as write the Work to computer memory;
- distribute the Work by transferring copies of the Work on a free of charge basis;
- publicly display or perform the Work using technical means at a public venue or at an event beyond an average family gathering;
- incorporate the Work into information and scientific articles, catalogues, encyclopaedias and website content.The Work shall not be used in any other manner.
The Licensee shall not assign or transfer any of their rights and/ or obligations to third parties, or pledge their rights to use the Work granted hereunder.The Licensee shall not transform or remake the Work in any manner, create collective work (except as expressly provided herein) or derivative work(adaptation, motion picture version, musical arrangement, dramatisation, etc.), incorporate the Work into complex items, or make any changes or additions to the Work.The Work shall only be used as published at http://mediaportal.x5.ru/. The Work shall not be used piecemeal (in separate parts). The Licensor does not grant the Licensee the right to use the Work for the purpose of creating a new intellectual property item.
Every time the Work is used in a manner permitted hereunder, the Licensee shall refer to the Licensor as the copyright owner of the Work.
Using the Work in breach of the terms hereof shall be deemed unauthorised use of intellectual property and result in civil, administrative, or criminal liability.
The Licensor may at its discretion repudiate, in whole or in part, the open licence agreement without recourse to court action, should the Licensee transfer its rights to use the Work to third parties.