| PLEASE REVIEW CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR ADMISSION TO AK&M
NEWS ON-LINE SERVICE, AND THEN, IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THE
SUBSCRIBER AGREEMENT, SIGNIFY YOUR AGREEMENT AND ACCEPTANCE BY CLICKING THE BUTTON LABELED
"ACCEPT AND REGISTER". BY SIGNIFYING YOUR AGREEMENT AND ACCEPTANCE, YOU ARE ALSO
REPRESENTING THAT YOU ARE A BUSINESS AND OPERATE AS YOU , HAVE IDENTIFIED IN YOUR
REGISTRATION.
The closed joint stock Company “Analysis, Consultations and Marketing“ (AK&M ),
with registered offices at Ul. Svobody 28, Korpus 2, 123364 Moscow, Russian Federation
(the Company),
and "the Client" which means the individual or other person who is registering
for access to AK&M News On-Line service under the terms of this Subscription
Agreement.
-
| 1.1 |
The Information - news on Russian financial markets; news on Russian financial market
performance; express analysis of the situation on the market; corporate news; news of
investment companies; changes in the legislation; the Information from state bodies;
digest of central and regional mass media being in the electronic form of the text -
“AK& M On-line News” (Information owner and editor is the closed joint stock
Company “Analysis, Consultations and Marketing“). Information is stored on the sever
of the Company. |
| 1.2 |
Software - the program for the navigation and review of the Information in Internet
global network. |
| 1.3 |
Terminal - Client’s PC with the installed Software for viewing and use of the
Information. |
| 1.4 |
Subscription - sale by the Company and purchase by the Client of the Information and
the proper services to access the Information under conditions stipulated by the present
agreement. |
| 1.5 |
Subscription period - the time period (one, two or tree month) within agreement term
for which the payment is made and during which access to the Information is provided. |
It is agreed that the Client subscribes and the Company provides the Information on the
terms and conditions specified in this agreement.
| 3.1 |
The client recognizes that the Company has the exclusive
proprietary and non proprietary rights for Information. |
| 3.2 |
The Information is subject to Russian Federation law on
Copyrights and law on Data bases and Computer Program Copyrights. |
| 3.3 |
Any distribution of the Information by the Client in mass
media or to other third parties and creation of competitive information product without
the preliminary written permission of the Company and without reference to the source of
the Information is prohibited. |
| 3.4 |
The Client is prohibited to: |
|
3.4.1 |
transfer the Information, its components and documents to the third
parties |
|
3.4.2 |
sell the Information as a whole or in parts |
|
3.4.3 |
distribute to the third parties (including free of charge) files related
to the Information and received while using the service |
| 3.5 |
Access to the Information and its usage could be carried out
only by the Client’s employees and on the Terminals registered by the Company. |
| 4.1 |
The Information becomes available for usage of the Client by the Company
enabling the Client to access the proper section of the Company's WWW server in the
Internet global network. |
| 4.2 |
The Company defines and informs the Client on the unique system
name/names and password/passwords for the access to the proper section of WWW server of
the Company |
| 4.3 |
The Company has the right to carry out means necessary for the
Information protection from non-permitted coping or usage. For this purpose, in
particular, the Company registers the Client’s Terminals, and the Client is responsible
for the provision of individual parameters of the Terminals to the Company. The access to
the Company’s server is enabled only after the Terminals registration |
| 4.4 |
The number of Terminals is specified in the Appendix N 1 |
| 4.5 |
At any given moment only one connection with the Company’s server is
permitted with the given system name and password. |
| 4.6 |
In order to change the ways for receiving the Information - the number of
system names and /or passwords, number of Terminals - the Client has to notify the Company
in written form. |
| 4.7 |
The System name and/or password changes do not require the new Appendix
N1 compilation and are executed in 3 working days after the receipt of the Client's
request in written form. |
| 4.8 |
To receive the Information the Client should have:
- Internet access with the line capacity no less than 9600bps;
- program for the navigation and review of the Information in the Internet global network
with the correct windows-1251 code page support, e.g. Microsoft Internet Explorer 3.0 TM
(or higher) or Netscape Navigator 3.0 TM (or higher).
|
| 4.9 |
Information is updated at the Company's server. To view the updated
Information, the Client should use the command “refresh” of the review program. |
| 4.10 |
The claims on the access to the Company’s server can be submitted by
the Client to the Company in the written form in 3 working days from the date of the
failure to access the Information. |
| 4.11 |
If there are no claims on the expiration of the Subscription period, the
Services of the Company are considered to be duly carried out. In case of any claims the
carrying-out of Company’s liabilities over the next period could be certified by the two
side act produced after the claims are complied or the refuse from them |
-
| 5.1 |
The Client pays in advance for the Subscription subject to this agreement
upon receipt of the invoices from the Company. |
| 5.2 |
The amount of the payment for the initial period is stated in the invoice
issued by the Company to the Client upon signing this agreement. |
| 5.3 |
No less than in 6 bank days prior to the start of the next Subscription
period the Company issues the invoice stating the payment amount for the next Subscription
period to the Client. |
| 5.4 |
The calculation of the payment amount is carried out on the basis of the
current prices being in force at the date of the invoice issue. |
| 5.5 |
The invoice issued by the Company is in force and should be paid in 5
bank days upon receipt. |
| 5.6 |
The payment is carried out through bank wire transfer to the accounts of
the Company stated below. |
| 5.7 |
The payment should be made in Russian rubles or in US dollars according
to the invoice. |
| 5.8 |
Access to the Information is granted to the Client upon the receipt of
payment for the Subscription period at the Company's bank account or the payment is
confirmed by the copy of the payment order authorized by the bank of the Client |
-
| 6.1 |
Each party undertakes and agrees with the other not to
disclose or permit to be disclosed to any third party or otherwise make use of or permit
to be made use of any trade secrets or confidential information (the Confidential
Information) relating to the business, affairs or finances of the other party. |
| 6.2 |
The obligations of confidence referred to in clause 6.1 shall
not extend to any information which; |
|
6.2.1 |
is or becomes generally available to the public otherwise than by reason
of breach by the other party (the Receiving Party) of this clause 6 |
|
6.2.2 |
is subsequently disclosed to the Receiving Party without obligations of
confidence by a third party owing no such obligations in respect of it; and/or |
|
6.2.3 |
is required to be disclosed by law or any regulation but only to the
extent and for the purpose of such disclosure. |
| 6.3 |
This clause 6 survives termination of this Agreement. |
-
| 7.1 |
In case of the breach or improper observation of provisions of this
agreement the defaulting party is liable according to the Russian Federation legislation
in force. |
| 7.2 |
In case of the Client infringing the Company’s rights stated in clause
3, the Company has the right to terminate the agreement unilaterally without any
compensations for the unused term of the Subscription period. |
| 7.3 |
In case of the breach by the Client the provisions stated in clause 3 of
the current agreement the Client is charged to pay compensation to the Company for the
lost profit. The parties of the current agreement agree that the amount of the lost profit
will be determined as the total profit received by the Client due to unauthorized use of
the Information. |
| 7.4 |
The Information provided to the Client by the Company is obtained from
the sources believed to be reliable. The Company will do its best efforts to ensure the
accuracy of the Information. However the Company makes no representation or warranty as to
the accuracy or adequacy of the Information. The Information is indicative and is not
deemed as a solicitation for the purchase or sale of any security. Use of the Information
is at the Client's sole risk and shall not be made the basis for any claim, demand or
cause for action. |
| 7.5 |
Neither the Company nor the Client will be under any liability for any
loss or any failure to perform any obligation under this Agreement due to causes beyond
their control including, but not limited to, industrial disputes of whatever nature, war,
riot, civil commotion, malicious damage, compliance with any law or governmental order,
rule, regulation or direction, accident, break-down of plant or machinery or
telecommunication networks, fire, flood or storm. |
-
| 8.1 |
This Agreement takes effect on the date of registration by
the Client and will continue 1 month (the Initial Term). |
| 8.2 |
This Agreement is automatically renewed for the following 1
months term (the Renewal Term) unless either party gives the other 10 days’ written
notice of termination prior to the expiration of the Initial Term or any Renewal Term. |
| 8.3 |
Similar procedure of prolongation will be used further on . |
| 8.4 |
The agreement can be terminated in case of: |
|
8.4.1 |
written agreement between the parties; |
|
8.4.2 |
the breach by the Client the provisions of the agreement. In that case
the payment for unused Subscription period is not returned. |
|
8.4.3 |
the Client decides to terminate the agreement without the Company breach
of the agreement, in such case the payment for the rest of the Subscription period is not
returned. |
|
8.4.4 |
the access to the Company's server is impossible for more than 3 days due
to the fault of the Company. The payment for unused Subscription period is returned to the
Client. |
|
8.4.5 |
the Company stops providing the service of distributing the Information.
The payment for unused Subscription period is returned to the Client. |
|
8.4.6 |
on the winding-up or liquidation of the Client. The payment for unused
Subscription period is not returned. |
|
8.4.7 |
on the winding-up or liquidation of the Company. The payment for unused
Subscription period is returned to the Client. |
| 8.5 |
Termination of this Agreement will not affect any rights and
obligations of either party which have arisen on or before termination. |
| 9.1 |
This Agreement is governed by and shall be construed in accordance with
Russian law. The parties agree that any disputes arising out of or in connection with this
Agreement, unless otherwise agreed, shall be settled by arbitration court of Moscow,
Russia. Accordingly, any proceedings arising out of or in connection with this Agreement
shall be brought in those courts. |
| 9.2 |
In case the Client is non Russian Federation entity, or relative to this
agreement, any collisions of different countries legislation could arise, the applicable
law should be of the Russian Federation, and any disputes which arise due to the agreement
or relative to it including its realization, breach, cancellation or invalidity should be
referred to the International Commercial Arbitration Court at the Chamber of Industry and
Commerce of Russia, Moscow, in accordance with the rules of procedure of this court. |
| 9.3 |
In case of any contradictions in the interpretation of this agreement in
different languages the Russian language shall prevail. |
-
| 10.1 |
This Agreement constitutes the entire agreement between the parties
relating to its subject matter and supersedes all prior agreements, undertakings,
representations, negotiations and discussions with respect to its subject matter, whether
oral or written. |
| 10.2 |
The rights and liabilities by the present agreement couldn’t be
transferred by any party to the third parties without preliminary permission of other
party for this in written form. |
| 10.3 |
The Company keeps the right of unconditional review of prices. |
| 10.4 |
Any other further additions or amendments to the present agreement should
be agreed by the parties and registered properly in written form. |
|
