1.1 This Subscription Agreement sets forth the terms and conditions under which GARANT-SERVICE offers the online information services on Russian legislation from time to time made available to Subscriber (the "Services").
1.2 This Subscription Agreement, including these General Terms and Conditions and the Price Schedule, incorporates by reference the General Terms and Conditions, the Price Definitions and the Price List published in the Services, as each may be amended from time to time. The Subscription Agreement and the incorporated terms and conditions are hereinafter referred to collectively as this "Agreement". In the event of any conflict between the terms and conditions printed in the Subscription Agreement and the terms and conditions published in the Services, the latter will control.
1.3 Subscriber will abide by the terms and conditions of this Agreement.
2.1 GARANT-SERVICE grants Subscriber a nonexclusive, non-transferrable, limited license to access and use the Services and the materials available therein for research purposes. This license includes:
(a) The right to download from the Services, printout and store in machine readable form a single copy of materials.
(b) The right to display to not more than one user at a time materials retrieved from the Services or downloaded from the Services and stored in machine-readable form.
2.2 Except as specifically provided herein, Subscriber is prohibited from downloading, storing, reproducing, transmitting, displaying, copying, or distributing materials retrieved from the Services.
2.3 All right title and interest in the Services belong to GARANT-SERVICE. Subscriber acquires no proprietary interest in the Services, the materials available therein, or copies thereof.
2.4 Except as specifically provided herein, Subscriber is prohibited from using the Services and any copyrighted materials available therein in any fashion that infringes the copyrights or proprietary interests therein.
2.5 Subscriber may not remove or obscure any copyright notice or other notice contained in materials retrieved from the Services.
3.2 If Subscriber believes that any of its identification names and passwords are being used by someone other than an employee, Subscriber will immediately notify GARANT-SERVICE. If the use was not authorised by Subscriber and was not due to Subscriber’s fault or negligence, GARANT-SERVICE will not charge Subscriber for the use.
3.3 Certain materials and features may be withdrawn from the Services and the Services otherwise changed without notice to Subscriber.
4.2 This Agreement may not be changed except as provided above or in an agreement executed by both parties.
5.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.1, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. GARANT-SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Subscriber further acknowledges that none of the English language documents constitutes an official translation of the corresponding Russian language document and that not all texts of a legal nature under Russian law are or can be published.
6.2 GARANT-SERVICE’S LIABILITY IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT OF SUBSCRIBER’S ACTUAL DIRECT DAMAGES. SUBSCRIBER’S RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT WILL BE IN LIEU OF ALL OTHER REMEDIES WHICH SUBSCRIBER MAY HAVE AGAINST GARANT-SERVICE OR ANY RELATED PARTY.
6.3 GARANT-SERVICE, AND EACH RELATED PARTY WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES OR GARANT-SERVICE’S FAILURE TO PERFORM ITS OBLIGATIONS, REGARDLESS OF THE NEGLIGENCE OF GARANT-SERVICE.
7.2 Either party may terminate this Agreement by giving notice to the other party. The effective date of termination will be ten days after the other party’s receipt of the notice of termination, unless a later date is specified in the notice. GARANT-SERVICE may suspend or discontinue providing the Services to Subscriber without notice and pursue any other remedy legally available to GARANT-SERVICE if Subscriber fails to comply with any of its obligations under this Agreement.
7.3 Except with respect to claims by GARANT- SERVICE for any amount owing to it by Subscriber or for improper use of the Services or any materials retrieved therefrom, no claim, regardless of form, which in any way arises out of this Agreement or the use of or inability to use the Services or the materials retrieved therefrom may be made, nor any action based upon such claim brought, by either party more than one year after the basis for the claim becomes known to the party asserting it.
7.4 Except as otherwise provided herein, all notices and other communications under this Agreement will be in writing (in the English language), including published electronically in the Services. Notices will be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if published in the Services; or on the date received, if delivered in any other manner. Notices to GARANT-SERVICE will be sent to Subscriber’s account representative.
7.5 Subscriber is prohibited from assigning its rights or delegating its duties under this Agreement without the prior written consent of GARANT-SERVICE.
7.6 The failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
7.7 In the event any term or condition of this Agreement is declared illegal or otherwise unenforceable, it will be severed from this Agreement and the remainder of this Agreement will be valid and enforceable.
7.8 This Agreement will be governed by and construed in accordance with the laws of France as they apply to contracts made and solely performed therein. The parties hereby agree that judicial proceedings to resolve any dispute, controversy, or difference which may arise between the parties out of or in connection with this Agreement may be commenced by Subscriber against GARANT- SERVICE in the Arbitration Court of Chamber of Commerce & Industry of the Russian Federation in Moscow, Russia. To the extent that Subscriber may be otherwise legally permitted to commence judicial proceedings against GARANT-SERVICE in any court other than as specified above, Subscriber hereby waives its right to do so.
IMPORTANT! SUBSCRIBER WILL BE CHARGED ONLY FOR THOSE DOCUMENTS THE TEXT OF WHICH HE LOADED ON THE SCREEN OR PRINT DURING A DAY. THERE ARE NO CHARGES FOR ANY KIND OF SEARCHES AND LOOKING THROUGH THE LISTS OF DOCUMENTS AND MENU.