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LICENSE
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Sber Public License at-nc-sa v.2
(Attribution Non Commercial Share Alike version 1)
Copyright(c) "Sberbank of Russia (located at: 117997, Moscow, 19 Vavilova Street)"
This public open license is a license agreement granting anyone who receives a copy of the Work (or the Derivative Work), as defined below, the right to use the Work under the terms and conditions set forth below.
By using the Work in any way, you accept all of the terms and conditions of the License without exception.
1. Terms, definitions, general provisions.
1.1. "Adaptation" means making changes to the Work or the Derivative Work solely for the purpose of enabling the Work to function on your specific hardware or under the control of specific software installed on your equipment.
1.2. "You" (the licensee of this License) means any individual (or group of individuals - co-authors) or legal entity that has received a copy of the Work by any means not inconsistent with the Law, in any form and on any medium;
1.2.1. "recipient" means any person or entity that has received from You (or other licensee of this License) as part of the Distribution a copy of the Work and/or Derivative Work created by You (Your Derivative Work) and/or other licensee of this License. The recipient also automatically becomes a licensee of this License.
1.3. "Law" means the legislation of the Russian Federation applicable to legal relations arising between you and Sberbank under this License;
1.4. "License" means this license agreement granting the right to use the Work and any Derivative Works;
1.5. "Modification" means making any changes to a Work or Derivative Work other than an Adaptation;
1.5.1. "Your Modifications" means any Modifications you have made to a Work or Derivative Work
1.6. "Work" means software (computer program) and/or other work written in a programming language in the form of object code and/or source code, which right of use is granted under the terms of this License, as expressly stated in the accompanying documentation and/or in the program files of the corresponding Work, and/or on Sberbank's Website, and/or in any notice accompanying the Distribution of the Work. The exclusive right to the Work under the Law and by virtue of the fact of creation belongs in its entirety to Sberbank;
1.7. "Derivative Work" means any result of intellectual activity created in any way on the basis of and/or using the object code and/or source code of the Work (including the Derivative Work) as a whole or any part thereof, including, without limitation, through Modification. For the purposes of this License, the term "Your Derivative Work" is included into the term of "Derivative Work" except where the text of the License expressly states otherwise.
1.7.1. "Your Derivative Work" (also referred to in this License as "Derivative Works created by You") means a Derivative Work created by You with respect to which You are the author and owner of the CHANGES You have personally INCLUDED into the Work (or any other Derivative Work created by another licensee of this License) to create Your Derivative Work. For the avoidance of doubt, because the terms of this License do not allow sublicensing of the Work and any Derivative Work, nor do they allow you to transfer the exclusive right to any Derivative Work in its entirety (see Section 7 of this License) to another person, any Derivative Work created at your request by any third party will be a Derivative Work created by another licensee of this License, not your Derivative Work.
1.7.2. The inclusion of the Work in a collection of different works for the sole purpose of storing such a collection on a single tangible medium (or in the memory of an electronic device/computer), including on which the Work is distributed, together with other separate independent works that are not Derivative Works and do not form a Composite Work together with the Work, does not result in creation of a Derivative Work. Such inclusion of the Work in said selection does not apply the provisions of this License to the remaining independent works.
1.8. "Distribution" means any transmission (including for any purpose) of any copy of the Work (and/or the Derivative Work) by any means (including on any media) and in any form to any individual and/or legal entity, government agency, any public and/or international organization, any educational institution or agency, including publication, making available to the public or posting (including posting a hyperlink allowing you to download or create an electronic copy of the Work / Derivative Work) in the Internet;
1.9. "Composite Work" means a Derivative Work created by combining, incorporating, statically linking, integrating, compiling (or by other similar means) a Work and/or Derivative Work (and/or parts thereof) with another intellectual creation at the level of object code and/or source text. For the purposes of interpretation of the terms of this License, and for the avoidance of doubt, the term "Derivative Work" includes a Composite Work, unless otherwise specified in the License;
1.10. "Sberbank" - "Sberbank of Russia" (Location: 117997, Moscow, 19 Vavilova Street);
1.11. "Sberbank website" - the official website of Sberbank on the Internet at: https://www.sberbank.ru
1.12. "Official Sberbank Request" means a request sent to your e-mail address specified by you in accordance with clause 3.1.1(f) of the License, from an e-mail address ending in "@sberbank.ru"
2. License.
2.1. Sberbank hereby grants you the right to use the Work under a simple (non-exclusive) non-transferable (sublicensable) and non-assignable royalty-free license valid in all countries of the world for the term of Sberbank's exclusive right, subject to your compliance with all the provisions of the License.
2.2. You may use the Work in the following ways: reproduce, install, run, publicly display, functionally exploit, modify, adapt, incorporate into your own Compilation Works, create Derivative Works, and Distribute the Works and Derivative Works, subject to the provisions of Sections 3 and 4 of the License. Regardless of the definition of "Distribution" or any other provision of the License, you are expressly prohibited from sublicensing both the Work and any Derivative Work, including your Derivative Work.
2.3. Sberbank hereby also made an offer to enter into an agreement for the use of the Work by anyone who wishes to use the Derivative Work created by you based on the Work, to the extent and under the terms and conditions provided for in the License.
2.4. The work is licensed, not sold. You do not acquire any rights in the Work and Derivative Work except as expressly set forth in this License. You agree not to undertake any activities related to obtaining a patent and/or other document of title and/or right of protection for protected and/or protectable intellectual property, including but not limited to inventions, utility models, industrial designs, as implemented/described in the Work and/or the Derivative Work. All intellectual rights, including the right to obtain a patent on the protected and/or protectable intellectual property realized/described in the Work and/or the Derivative Work, belong to Sberbank. No patent rights in protected and/or protectable intellectual property are licensed or assigned to you under this License.
3. Conditions of Proliferation.
3.1. Distribution in the form of source text.
3.1.1. You may Distribute Derivative Works and/or unmodified copies of the Work in source form only provided that any such Distribution is made exclusively under the terms of this License and provided that You comply with the following requirements:
a) You agree to enclose with each copy of the Work and/or Derivative Work a copy of this License;
b) You agree that in each copy of the Work and/or Derivative Work created by another licensee of this License, you shall preserve without change all the copyright notices of Sberbank and the other licensees of this License who created the Derivative Work, including all the notices that there is no warranty with respect to the Work and/or the Derivative Work, and all notices that use of the Work and/or Derivative Work is permitted only under the terms of this License;
c) You agree to add (if any, retain without modification) to any Derivative Work of yours, without exception and without modification, all the copyright notices of Sberbank that apply to the Work that you based and/or used in creating the Derivative Work, including no warranty notices of Sberbank, and all similar notices (if any and if applicable) of other authors that apply to the Derivative Work taken as the basis thereof;
d) You agree to add to any Derivative Work a list of changes you have made to the Work and/or the Derivative Work to create your Derivative Work;
e) You agree to add to your Derivative Work a notice that Sberbank is the copyright owner of your Derivative Work as to the original source code and object code of the Work used by you in creating your Derivative Work and incorporated therein, and a notice that you are the author and copyright owner only of your changes, made by you to the Work and/or the Derivative Work to create your Derivative Work (also, if applicable, to keep all similar notices to other licensees of this License who created the Derivative Work), and that use of your Derivative Work is permitted only under the terms of this License. You must Distribute any Derivative Work only under the terms of this License. This License applies to the Derivative Work as a whole and to all of its parts, regardless of their completeness or composition. This License does not grant you the right to Distribute any Work under any other terms;
f) When you distribute your Derivative Work, you must include (add to) in each program file of your Derivative Work, and in the modification list file, a notice containing your current email address for contacting you as the author of your Derivative Work. You also agree to keep such e-mail address current for at least three years from the date of first Distribution of the corresponding Derivative Work.
g) If your Derivative Work has user interfaces that display a notice that you are the author of your Derivative Work, then you must also add a similar (similar manner) notice of copyright of Sberbank (and, if applicable, other authors);
h) You may Distribute copies of the Works and/or Derivative Works either free of charge or by charging no more than your Cost of Distribution for the transfer of a copy (copy of the Work and/or copy of the Derivative Work);
All the notices referred to in this paragraph shall be reflected at the beginning of each file containing the original text of the Work and/or the Derivative Work, and the list of changes may be provided as a separate ".txt" file attached to the files of the Work and/or the Derivative Work.
3.2. Distribution in the form of object code.
3.2.1. You may Distribute Derivative Works and/or unmodified copies of the Work in object code form only so long as any such Distribution occurs exclusively under the terms of this License, provided that You comply with any and all requirements set forth in Section 3.1.1 of this License, as well as the following requirements:
a) When You distribute the Derivative Work and/or an unmodified copy of the Work in object code form on a tangible medium, You must also Distribute to each recipient the complete (machine-readable) source code for the corresponding Derivative Work and/or Work under this License and in accordance with the terms of this License, in one of the following ways:
* in the form of a separate file (or set of files) on the same storage media that you use to distribute the Derivative Work and/or the Work;
* by publishing it on an Internet site owned or controlled by you. However, the complete (machine-readable) source code of the corresponding Derivative Work and/or the Work shall be available for copying and downloading from Your site on the Internet to an unlimited number of persons for at least three years from the date of first Distribution without requiring any registration and/or authorization on Your site and without charging any fees for visiting Your site and/or downloading/copying such source code. In such event, you shall accompany your Distribution of the Derivative Work and/or the Work in object code form with proper and conspicuous notice that the recipient is free to download or copy the source code of the corresponding Derivative Work and/or Work from your website at any time. Such a notice must contain a current and working hyperlink to the corresponding source text;
* If technically possible, by sending a separate file (set of files) to the recipient of the Derivative Work and/or Work to his or her email address at his or her first request; in such case, you must accompany your Distribution of the Derivative Work and/or Work in object code form with proper and conspicuous notice that the recipient is free to request from you the source file(s) of the corresponding Derivative Work and/or Work at any time;
* by posting to a cloud storage service (third party network resource) and then sending to any recipient, at its first request, an email hyperlink that allows you to copy and/or download the source code of the Derivative Work and/or the Work from such cloud storage service free of charge and without any registration and/or authorization for a period of three years from the date of the first Distribution. In such event, you must accompany your Distribution of the Derivative Work and/or the Work in object code form with proper and conspicuous notice that the recipient is free to request from you a hyperlink to download or copy the source code for the corresponding Derivative Work and/or Work at any time;
b) If You distribute the object code of the Derivative Work and/or the Work in electronic form, You must Distribute the complete (machine-readable) source code of such Derivative Work and/or the Work under this License and subject to the terms of this License to all recipients of the corresponding object code in the same manner as the corresponding object code;
c) If You distribute the Derivative Work and/or the Work in the memory of any electronic device or computer as pre-installed software, You must Distribute the complete (machine-readable) source code of such Derivative Work and/or Works under this License and in accordance with the terms of this License to all recipients of such devices or computers by any of the means set forth in Section 3.2.1(a) hereof, accompanying such Distribution with appropriate notice of how the recipient can obtain the corresponding complete (machine-readable) source text.
d) If You distribute the Derivative Work and/or the Work in object code form by posting (publishing) on any Internet site, You must post, along with such object code, the complete (machine-readable) source code of the corresponding Derivative Work and/or the Work under this License and in accordance with the terms of this License.
e) Any Distribution of the Derivative Work and/or Work in object code form must be accompanied by appropriate notices stating that use of such Derivative Work and/or Work, whether in object code or source code form, is permitted only under the terms and conditions of this License, that how the recipient may obtain the applicable complete (machine-readable) source code and the exclusion of any warranty by Sberbank (if applicable, on your part and/or the part of other licensees of this License), and must be accompanied by the full text of this License and Sberbank's copyright notice (if applicable, on your copyright and/or the copyright of other licensees of this License).
f) In making any Distribution of the Derivative Work and/or the Work in object code form, you shall comply with and adhere to all of the requirements set forth in this Section. 3.1.1 of this License, applying them both to Distribution of the Derivative Work and/or the Work in object code form and to Distribution of the complete (machine-readable) source code of such Derivative Works and/or the Work. For the avoidance of any doubt, all of the requirements in Section 3.1.1 of this License apply to Your Distribution of the Derivative Work and/or the Work in object code form, in addition to the requirements set forth in this Section 3.2.1 of the License, because any Distribution of the Derivative Work and/or the Work in object code form must be accompanied by Distribution of the Derivative Work and/or the Work in source code form.
g) You must provide the complete (machine-readable) source code of the Derivative Work created by you upon Sberbank's first Official Sberbank Request in the manner specified by Sberbank in such Official Sberbank Request. The electronic transfer must take place without any payment from Sberbank. In case of transfer on a tangible medium (if it is your tangible medium rather than the tangible medium provided to you by Sberbank for such transfer), you are entitled to demand payment from Sberbank for the cost of the tangible medium (provided that the cost of such tangible medium may not exceed its actual market value).
3.2.2. All the notices under Section 3.1.1 of this License with respect to the source code of the Work and/or the Derivative Work must also be added to (or retained in) the object code of the Work and/or the corresponding Derivative Work in any documentation accompanying the corresponding Distribution.
3.3. The cost of any copy you Distribute may not exceed the cost of the tangible media on which you Distribute such copy (in the case of electronic distribution, the cost corresponding to your actual actual cost of such distribution).
4. Termination and revocation of the License.
4.1. Sberbank may unilaterally terminate this License, in whole or in part, if you distribute the Work or any Derivative Works to third parties on terms other than those set forth in this License. Any attempt by You to Distribute the Work and/or Derivative Work, or otherwise create the Derivative Work, is void and automatically terminates Your right to use the Work and any Derivative Work granted to You under this License. Termination of Your right to use (Your License) does not terminate the Licenses of others who received exact copies of the Work or Derivative Works from You if such copies or Derivative Works were obtained through Distribution that complied with all the terms and conditions of this License.
4.2. Sberbank may revoke this License from you at any time and without giving a reason, if your use of the Work and/or Derivative Work violates the rights and/or legitimate interests of third parties, is in violation (for purposes of violation, is aimed at violation, contributes to violation, causes violation, may lead (or leads) to violation) of the Law, public interests and/or the laws of the country in which you are making such use.
4.3. The license will automatically terminate (expire) if you violate any of its terms. The license is considered terminated (expired) when you violate any of its terms. Further use of the Work and/or Derivative Work will be unlawful.
5. No Warranty.
5.1. The Works and Derivative Works are provided "AS IS" only WITHOUT ANY WARRANTY on the part of Sberbank (and representations), whether express or implied, including (including but not limited to) their performance, merchantability, operation, functionality, security, fitness for a particular purpose and/or compliance with any of your expectations or the expectations of other third parties.
5.2. Sberbank, under this License, does not, and does not undertake to, provide any warranty service and/or technical support for the Work and/or any Derivative Work.
6. Limitation of liability.
6.1. In no event shall Sberbank be liable to you or any third party for damages, including any direct, indirect, special, incidental or consequential damages of any nature arising from this License or from the use or inability to use the Work and/or the Derivative Work (including, without limitation, damages resulting from loss of goodwill, work stoppage, technical failure, accident or malfunction or any commercial losses, costs or expenses, or lost profits or unjust enrichment) even if Sberbank knew or should have known of the possibility of such damages or you were advised of the possibility of such damages.
6.2. In the event that your exclusive right to the Work and/or Derivative Work is violated by your unlawful use of the License, Sberbank shall have the right to seek protection of your exclusive right under the Law.
7. Intellectual Rights.
In order for anyone to freely use and continually develop, maintain, improve, upgrade, perfect, and keep current the Work, your Derivative Works, and any Derivative Works created by other licensees of this License, and to create your own works and solutions, thereby developing and enriching the IT industry and improving and making life easier for consumers and recipients, a clear delineation of the exclusive rights is required. Otherwise, anyone acting in bad faith, but within the bounds of the Law (or other applicable law), may seize the exclusive right to the Derivative Work in its entirety, which in turn may result in both lawsuits against the recipients of your Derivative Work and/or your address, and the suspension (termination) of further development of the Work, your Derivative Works and/or any Derivative Works in general.
7.1.1. The exclusive right in any Derivative Work created by you (your Derivative Work) and/or any other licensee of this License to the original source code and/or object code of the Work used by you (and/or any other licensee of this License) in creating any Derivative Work and contained in such Derivative Work belongs in full and without any restrictions to Sberbank from the creation (date) (as expressed in objective form) of such Derivative Work. Sberbank retains sole and exclusive ownership of all of the original source code and object code for the Work used by You (and/or any other licensee of this License) in creating any Derivative Work (and all subsequent Derivative Works without exception) and contained in any such Derivative Work created by You (in Your Derivative Work) and/or any other licensee of this License. You may use and Distribute the Derivative Work created by you (your Derivative Work) and/or any other licensee of this License only under the terms and conditions of this License. You, as the author and owner of the changes you have personally made to the Work (or other Derivative Work created by another licensee of this License) to create your Derivative Work, hereby grant all the recipients of your Derivative Work, without exception, the right to use such changes, You have made to the Work (or to a Derivative Work created by another licensee of this License) to create Your Derivative Work, under the terms and conditions of this License, without payment to You (including to any other licensee of this License or any third party) of any fee for such use.
7.1.2. You hereby also hereby grant Sberbank personally the right to use any and all of your modifications you have made to the Work (or to any other Derivative Work created by another licensee of this License) to create your Derivative Work, but on the terms of a simple (non-exclusive) royalty-free (without payment of any fee to you for the right to use) license in effect throughout the term of Your copyright (exclusive) right to Your Modifications and within the countries of the entire World, for any purpose, by any means, including, but not limited to, the following, as specified in Article 1270 of the Civil Code of the Russian Federation, including but not limited to the following: making changes (Modification / other processing), including for the creation of Derivative works (including those that include your changes), Distribution, Adaptation, provision of services through and / or using your changes (and / or the functionality of your changes). In this case, the Exclusive Right in any Derivative Work created by Sberbank (including, without limitation, using and/or based on Your Modifications), including all and any source text and/or object code included in such Derivative Work created by Sberbank (including the source text and/or object code of Your Modifications, included by Sberbank as part of such Derivative Work created by Sberbank) shall be owned by Sberbank in its entirety and without any limitation from the moment (as of the date) of creation (as of the date of expression in objective form) of such Derivative Work created by Sberbank.
For the avoidance of any doubt, Derivative Works created by Sberbank (including those incorporating your modifications) are not subject to this License, but may be made available and/or distributed by Sberbank under the terms of both this License and other license agreements (at Sberbank's discretion), including those for compensation.
7.1.3. With respect to your Derivative Work, you may add (without modifying, but only in addition to, Sberbank's copyright notice) your own copyright notice in the following form:
"____ (your name (and if applicable, also the name of your organization of which you are an employee) and your e-mail address) is the author of this work "_ (name of the Derivative Work) _" based on "_ (name of the original or Derivative Work taken as a basis)"
7.1.4. Sberbank always relies on your good faith in using the Works and Derivative Works, whether created by you or other licensees, and in complying with the terms of this License, but because this License is in fact an open license and allows unlimited creation of Derivative Works, Sberbank cannot be assured that you have retained all copyright notices of the creators of the Derivative Works. In connection with the above, and in order to avoid possible claims from the authors of the Derivative Works:
* You, as the author of the Derivative Work created by you, hereby consent and authorize Sberbank not to refer to you as the author of the Derivative Work created by you in any use by Sberbank of the Derivative Work created by you, and you also authorize Sberbank to use or not to use the name of the Derivative Work created by you at its discretion.
* You, as the employer of the author of the Derivative Work, hereby undertake to obtain your employee's consent and permission not to refer to your employee as the author of the Derivative Work in any use by Sberbank of the Derivative Work created by you, and to deliver such consent and permission to Sberbank upon Sberbank's first Official request. You also give Sberbank permission, at its discretion, to use or not to use the name of the Derivative Work created by you.
7.1.5. In any Distribution of the Work and/or Derivative Work, you agree not to add/not to include any effective technological means into the Work and/or the Derivative Work that satisfy any law or regulation promulgated pursuant to obligations under Article 11 of the WIPO Copyright Treaty dated December 20, 1996 or similar laws that prohibit or restrict circumvention of such technological means. You also agree not to restrict (in any way, including by adding appropriate, effective technical means of restriction) the operation of the Work and/or any Derivative Works or their functionality.
7.1.6. Each time you distribute the Work and/or Derivative Work under the terms of this License, the recipient automatically receives from Sberbank the right to use the corresponding Work (or any part thereof), including the Work you used to create the Derivative Work under the terms of this License, and becomes a licensee under the License. You are not responsible for compliance with the terms of this License by any third parties (including other licensees and transferees).
7.1.7. You may not, in any distribution of the Work and/or Derivative Work, impose any additional restrictions or conditions that limit, expand or otherwise modify the scope of the rights granted under this License.
7.1.8. If You are subject to obligations or liabilities (e.g., by court orders, by contract with a third party, by the laws of the country in which You reside or are registered or in which You distribute (or otherwise use) the Work and/or the Derivative Work, or by any other conditions or factors that prevent You from complying with certain terms of this License, You may not accept the terms of this License and may not use the Work and/or the Derivative Work in any way.You may not accept the terms of this License and may not use the Work and/or the Derivative Work in any way and must immediately terminate any such use, as it would be unlawful. This License is signed by you and Sberbank and grants you the right to use the Work and Derivative Works only provided that you are not subject to the duties or obligations set forth above. By using the Work and/or any Derivative Work, you acknowledge and warrant that you are not subject to any applicable duties or restrictions. If these duties or obligations prevent You from complying with the terms of the License relating to Distribution of the Work and/or Derivative Works, You may not make any Distribution of the Work and/or Derivative Works.