PUBLIC CONTRACT
On Granting a Non-Exclusive License

Confirmed by Director of Data Delivery LLC

Order No. 26-P/2019 dated 22.04.19
(with the amendments adopted by order No. 35-P/2019 dated 30.05.19)

PUBLIC CONTRACT On Granting a Non-Exclusive License

This Public Contract (hereinafter referred to as the "Contract") shall define the procedure for granting a ROCKETDATA non-exclusive license and also mutual rights, obligations relationship between Data Delivery Limited Liability Company (hereinafter referred to as the "Licensor") and an entity (hereinafter referred to as the "Licensee") which accepted a public offer to conclude this Contract, hereinafter collectively referred to as the "Parties", and individually as a "Party".

1. TERMS AND DEFINITIONS

For the purpose of this Contract, the following terms as defined hereinafter shall apply:

1.1. The Licensor websites
– information assets posted on Internet in the rocketdata.io, rocketdata.ru and rocketdata.by domains, subdomains of the next levels and other domains owned by the Licensor which, inter alia, shall contain the information related to the terms and conditions of granting the right to use the ROCKETDATA software, rates, Rate Schedules for granting the right to use the ROCKETDATA software, shall serve as official means of notification to the Licensee regarding the amendments in and addenda to this Contract, rates, Rate Schedules and shall contain the Licensor's Privacy Policy .

1.2. Partner sites – information assets owned by third parties on which the information about the Licensee, representatives thereof and/or third parties are available.

1.3. ROCKETDATA software, Object – the Licensor's software allowing for upon initiative, instruction and will of the Licensee and through the Licensor's website functionality verifying the relevance of information about the Licensee in Internet posted on the Partner sites, transmitting the updated information to the Partner sites, collecting the information for the Licensee related to the reports on the work thereof and questions of users posted on the Partner sites and mailing the replies of the Licensee to these reports and questions to the Partner sites. When concluding this Contract, the Licensee shall understand and agree that a final decision regarding the publication of the information and replies to the reports are to be made by the Partner sites, and in this case the Licensor may not guarantee that the data on the Licensee will be accepted by the Partner site owners and that the Partner sites will accept and publish replies to the reports, and it shall not be liable for the content of the reports. Approval and publication of the content reposted on the Partner sites shall depend on recommendations of these sites on the data quality and verification stages which may be required.

1.4. Account – a Licensee account being identified by the data specified thereby when registering and being entered by the Licensee or emerging in the process of using the Object.

1.5. Email
– for the Licensor: any address _____@rocketdata(.io,.ru,.by, etc.); for the Licensee: address specified during the Account registration.

1.6. Rate Schedule
– a specific scope of the ROCKETDATA software functionalities to which the Licensor-set Rate corresponds. Accessible Rate Schedules are posted on the Licensor's websites. A Rate shall be set by the Licensor in Price Lists and be paid by the Licensee for posting the information about each location (registration point) of the Licensee by which is meant permanence of the following information "name + address".

1.7. Privacy Policy – a document, which defines the Licensor policy for using, processing and protecting personal data collected from the visitors of the Licensor websites and collected in connection with provisioning of services / the rights to use ROCKETDATA software. Privacy Policy can be found on the following link https://rocketdata.io/en/privacy. In concluding this Contract, the Licensee shall hereby acknowledge that he is aware of Privacy Policy and that he gives consent for terms and conditions of Privacy Policy.

2. PROCEDURE FOR CONCLUSION OF THE CONTRACT

2.1. This Contract shall be a Public Contract (Article 396 of the Civil Code of the Republic of Belarus) subject to which the Licensor shall undertake to grant a non-exclusive license to the indefinite range of entities (Licensees) which accepted this public offer of conclusion of the Contract subject to the procedure specified therein.

2.2. Publication of the text of this Contract in the Internet network shall be a public offer of the Licensor addressed to the indefinite range of entities complying with the requirements of this Contract to conclude this Contract.

2.3. This Contract shall be concluded via accession of the Licensee to the Contract by accepting the terms and conditions of this Contract as a whole without any conditions, exemptions and reservations.

2.4. Payment of the ordered a non-exclusive license by the Licensee in accordance with the procedure and under the terms specified in this Contract shall be deemed as acceptance of the terms and conditions of this Contract by the Licensee.

2.5. This Contract, provided that the procedure of acceptance thereof is complied with, shall be deemed as concluded in a simple written form.

2.6. The date of acceptance, specifically the date of payment of the non-exclusive license ordered by the Licensee, shall be the date of conclusion of this Contract.

3. SUBJECT MATTER OF THE CONTRACT

3.1. Subject to this Contract, the Licensor shall grant a non-exclusive license to the Licensee to use the ROCKETDATA software on a worldwide basis within the period of time and scope provided for in the Rate Schedule selected by the Licensee by performing implicative actions, and the Licensee shall undertake to pay a license remuneration to the Licensor in accordance with the procedure and under the terms specified by this Contract.

3.2. The Licensee shall undertake to use the Object applying exclusively techniques within the range of functionalities thereof provided for by the Rate Schedule by starting and operating the Object in accordance with a direct designation thereof with due regard to limitations specified by this Contract and also indicated by the Licensor on the Licensor's websites.

The Licensee shall not be allowed to:

modify the Object, i.e., to make any changes therein, exclusive of the change in the Object settings to be performed by using the information on the Licensor's websites, the Object interface capabilities and also adaptation exclusively for the purpose of the Object functioning on specific Licensee's hardware or under the control of the Licensee's specific programs;

process, decompile and disassemble the Object;

assign rights to the Object to third parties;

delete any signs and/or information, including intellectual property right signs, means of individualization and technical means of copyright protection;

change or develop derivative products based on the Object or any element thereof (including an audiovisual sequence and a source code), exclusive of the development of independently compilable software units (plug-ins) the development of which is provided for by the Object functionality;

reverse the technology, break up or otherwise try to retrieve the Object source code, make any changes in the source code and change the Object functionality;

use the Object for other than the purpose specified.

The Licensor may update the Object and specify parameters of settings of the Object provided thereto on a unilateral basis.

3.3. The right to use the Object shall be granted to the Licensee not later than 5 (five) business days from the date of crediting the non-exclusive license cost payment to the Licensor's settlement account or to the payment system aggregator account and providing all information needed to the Licensor by the Licensee to activate the license by mailing a respective notification containing the information about activation of rights to the Object use to the Licensee's email address. The Parties came to agreement that the date of performance of obligations by the Licensor to grant the right to the Object use shall be the date of mailing a respective notification containing the information about activation of rights to the Object use to the Licensee's email address. In case of malfunctions, the right to the Object use shall be granted immediately after the problem shall have been eliminated. From the time of mailing of the respective notification to the Licensee by the Licensor, the non-exclusive license for the Program use shall be deemed transferred by the Licensor and obtained by the User. The non-exclusive license shall not be transferred on a tangible medium.

3.4. The Licensee shall hereby confirm that all exclusive rights to the Object shall be owned by the Licensor and shall recognize the obligation not to infringe such rights and also intellectual rights of third parties when using the Object. The Licensor shall reserve the right to dispose of the Object, right to independently use the Object along with the Licensee, and also the right to grant the Object licenses the third parties.

3.5. A technical support for using the Object over the entire period of validity of the non-exclusive license shall be provided to the Licensee. The support shall be provided by e-mail support@rocketdata.io, and also via requests on the Support Portal. The technical support shall not include the operation failure diagnosis of servers used by the Licensee to operate the Object and also solution of other problems which the Licensee may face.

3.6. The Licensor may use routine breaks in providing access to the Object which shall be considered as provision of access to the Object under a routine operation and shall not be the basis for recalculation of amounts paid by the Licensee subject to the specific Rate Schedule. Routine breaks may also take place to update the Object functionality.

3.7. Instructions (descriptions, requirements, etc.) published on the Licensor's websites and establishing the procedure for performing actions provided for by this Contract shall be subject to compulsory implementation by the Licensee.

3.8. The Object license shall also cover updates, amendments and additional components which may be provided or access to which may be provided by the Licensee, if the right to use such updates, amendments or additional components is not transferred based on separate agreements (for example, regarding the Objects provided at an additional cost).

3.9. The Parties shall irrevocably agree that for the purpose of fulfillment of the terms and conditions of this Contract and granting the Object non-exclusive license to the Licensee, the Licensor may collect the data on the Licensee and employees thereof specified thereby during registration on the Licensor's websites and in the process of using the Object; Account identification data being saved at the device of the Licensee and employees thereof: login, email address, device identification data; cookie files; data on the location of the Licensee and employees thereof in case the Licensee and employees thereof communicated the coordinates thereof or selected the location thereof in the Object interface; text, photographic and multimedia files downloaded by the Licensee and employees thereof.

3.10. The Licensee shall grant the right to the Licensor to use names of the Licensee, trademarks and/or service marks, emblems and other Licensee symbols, a link to the Licensee's website for using for promotional (including in the Licensor service advertising) and marketing purposes (including in conducting the Licensor marketing campaigns), in public presentations and press releases.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Licensor shall undertake to:

4.1.1 transfer the Object non-exclusive license to the Licensee in the amount and for the time period specified in the Licensee-selected Rate Schedule subject to the terms and conditions of this Contract;

4.1.2. exclude any obstacles inhibiting correct Object operation;

4.1.3. inform the Licensees about amendments made to the terms and conditions of this Contract by publishing respective amendments on the Licensor's websites three calendar days prior to entry thereof into force (excluding the cases related to making amendments subject to the legislation requirements.

4.2. The Licensor shall have the right to:

4.2.1. temporarily revoke the Object non-exclusive license in case the Licensee violated the terms and conditions of this Contract, i.e., the mandatory information posted on the Licensor's websites and mail a notification to the Licensee requesting to eliminate the violations committed thereby;

4.2.2. cancel the Object non-exclusive license in case the Licensee failed to eliminate violations of this Contract committed thereby, i.e. the mandatory information posted on the Licensor's websites, within 15 (fifteen) calendar days from the time of mailing a request to the Licensor to eliminate them;

4.2.3. store the information about all connections of the Licensee and employees thereof to the Licensor's information technology resources, including IP-addresses, cookies and addresses of requested pages, if such information was received in the process of transfer of the Object non-exclusive license;

4.2.4. refuse to accept the Licensee's claims for reviewing which were made beyond the timeframe during which such claims may be filed (Subparagraph 4.3.3 of this Contract);

4.2.5. change rates and Rate Schedules for obtaining the non-exclusive license without a preliminary notification and consent of the Licensee regarding the mandatory publication of respective amendments on the Licensor's websites;

4.2.6. terminate access of the Licensee to the Object upon expiry of the validity period of the right to the Object use paid by the Licensee;

4.2.7. request the confirmation of the information provided bу the Licensee, including location, telephone numbers, etc., request additional information (certificates, licenses), as well as additional contact information in case there exist all grounds to believe that norms of the applicable legislation of the Republic of Belarus are violated by the Licensee or in case of receipt of a respective request from law-enforcement authorities by the Licensor. In case the Licensee refuses to provide the above information and also in case this information is unreliable, the Licensor may limit the rights of access of the Licensee to the Object up to the expiry of the paid period and cancel the Licensee's Account;

4.2.8. extend and approve Object functionality without the consent of the Licensee and update the Object;

4.2.9. block access to the Object in case of violation of the terms and conditions of this Contract by the Licensee or by order of the court or other competent authorities of the Republic of Belarus or in accordance with rules of international law;

4.2.10. delete information posted by the Licensee using the Object, if it violates requirements of the legislation of the Republic of Belarus and/or terms and conditions of this Contract, and also in case of receipt of a request from third parties confirming that posted information infringes rights thereof;

4.2.11. refuse to transfer non-exclusive licenses to the Licensee until the Licensee provides all necessary information to activate the license, including the information requested by the Licensor even in case the license remuneration was credited to the Licensor's settlement account.

4.3. The Licensee shall undertake to:

4.3.1. comply with the terms and conditions of this Contract, mandatory information posted on the Licensor's websites and also pay the Object non-exclusive license subject to the procedure, amounts and terms specified by this Contract;

4.3.2. ensure security and confidentiality of the commercially significant information received from the Licensor, keep account data (login, password, email address used during the registration) in confidence, which grant the right of access to the Account. Any information mailed to the Licensor using this data or using the Email address shall be considered as information received from an authorized person of the Licensee;

4.3.3. in case of the Licensor-provided Object non-exclusive license claims, mail a written notification (hard copy) to the Licensor regarding this fact within ten calendar days from the time of transfer of the Object non-exclusive license to the Licensee;

4.3.4. use the Object reasonably and in good faith, and when concluding this Contract, the Licensee hereby confirms that it has sufficient authority with respect to each company, Internet resource, trading or service unit the information about which is processed, posted and updated in the process of execution of this Contract;

4.3.5. provide all necessary information to activate the license to the Licensor promptly and within the reasonable period of time, inclusive of the information requested by the Licensor;

4.3.6. provide relevant and reliable information to the Licensor related to itself, business thereof, company, Internet resources and other units with respect to which the Object is used and duly inform the Licensor about all changes made in such data;

4.3.7. inform the Licensor immediately after violation of security of Account thereof or unlawful use of the Object by third party have been detected;

4.3.8. independently provide technical possibilities of using the Object, including as follows:

access to the Internet network;

availability of the web browsing software on the Licensee's computer from which access to the Object is provided;

4.3.9. prior to accept of this Contract, independently examine the information posted on the Licensor's websites to familiarize with the Object capabilities;

4.3.10. refrain from as follows: posting virus files and other malicious software on the [websites] specified in this Contract, distributing malicious software and/or counterfeit products by using the Object, using the Object for other actions in Internet for which the Object is not intended to be directly used;

4.3.11. independently keep track of all amendments made to this Contract, rates, Rate Schedules by detailed reading the content thereof on the Licensor's websites, as well as in Account thereof;

4.3.12. exclude any obstacles inhibiting correct Object operation.

4.4 The Licensee may:

4.4.1 request the Licensor to properly meet obligations thereof related to transfer of the Object non-exclusive license;

4.4.2 consult the Licensor regarding the issues arising out of this Contract subject to the procedure specified in this Contract.

5. AMOUNT OF REMUNERATION AND SETTLEMENT PROCEDURE

5.1. The cost of the non-exclusive license and obligation currency shall be determined according to the Licensor-approved rates applicable directly at the time of performing implicative actions by the Licensee to select the Rate Schedule and license duration for a specific region which are an integral part of this Contract.

A Licensor-issued invoice for payment of the non-exclusive licenses, shall be valid within 30 (thirty) calendar days from the date of issuance thereof.

At the time of payment, the cost and obligation currency shall be considered agreed upon by the Parties.

The payment currency shall correspond to the currency in which obligations are denominated.

5.2. The Licensee shall have to effect payment by way of 100% prepayment within thirty calendar days from the time of issuance of the invoice by the Licensor (after performing implicative actions by the Licensee to select the Rate Schedule, license validity period) to the Licensee to pay non-exclusive licenses.

5.3. The non-exclusive license cost shall be paid by the Licensee as follows:

5.3.1. via the ASSIST e-payment system and other electronic payment systems with which the Licensor concluded respective contracts, by using payment cards held by the Licensee.

When payment is effected using the card, the Licensee will be redirected to the ASSIST e-payment system website. To complete the payment, instructions need to be followed on the ASSIST system page. After completing the payment, a payment confirmation message will be received at the email address specified by the Licensee;

5.3.2. The Licensees being legal entities and individual entrepreneurs shall effect payment by way of electronic funds transfer to the Licensor's settlement account according to the data and details specified in the issued invoice.

5.4. The license remuneration shall be deemed to have been paid on the date the respective amount of money enters the Licensor's settlement account from the Licensee or to the payment system aggregator account.

5.5. Granting the non-exclusive license within the framework of this Contract shall be confirmed as follows:

5.5.1. for the Licensees being natural persons who paid the cost of the license via payment systems by mailing an electronic notification of the non-exclusive right transfer to the Licensee;

5.5.2. for the Licensees being legal entities, residents of the Republic of Belarus, by the Non-Exclusive License Transfer Certificate which is drawn up and mailed by the Licensor to the Licensee within ten days from the date of mailing a notification to the Licensee containing an information about access to the Object, with the date of issuance of the Non-Exclusive License Transfer Certificate corresponding to the date of fulfillment of obligation of the Licensor to grant the right to the Object use, i.e. the date of mailing a respective notification with the information about activation of rights to use the Object to the Licensee email address.

The Non-Exclusive License Transfer Certificate may be signed, at the sole discretion of the Licensor, by an electronic digital signature, facsimile representation of signature using mechanical or other copying methods or other equivalent handwritten signature and mailed to the Licensee.

In the absence of substantiated objections, a signed copy of the Certificate shall have to be returned by the Licensee to the Licensor within ten calendar days upon receipt thereof. In case, the signed copy of the Certificate or substantiated objections are not received within the specified period from the date of signing thereof, the Certificate shall be deemed as accepted by the Licensee. If the written claims or the signed Non-Exclusive License Transfer Certificate are not received by the Licensor within thirty calendar days from mailing the Non-Exclusive License Transfer Certificate to the Licensee, the Certificate shall be deemed as signed.

The Licensee shall irrevocably agree that if no written claims with respect to the Licensor-transferred Object non-exclusive license are presented within ten calendar days from the time of receipt of the Certificate by the Licensee, this will be unambiguously deemed as a consent of the Customer to the fact that the license is transferred to the Licensee timely, in full and in proper manner;

5.5.3. the Non-Exclusive License Transfer Certificate may be drawn up independently by the Licensor for the Licensees being legal entities, nonresidents of the Republic of Belarus.

In this case, the Licensees, being legal entities, nonresidents of the Republic of Belarus, may within 5 (five) business days from the date of payment of the non-exclusive license mail a request for drawing up a bilateral Non-Exclusive License Transfer Certificate in a written form by the Licensor to the email box og@rocketdata.io (if the specified period is not met, the Certificate may be drawn up independently by the Licensor).

In case of receipt of the request from the Licensee, the Non-Exclusive License Transfer Certificate may be signed, at the sole discretion of the Licensor, by an electronic digital signature, facsimile representation of signature using mechanical or other copying methods or other equivalent handwritten signature and mailed to the Licensee.

In the absence of substantiated objections, a signed copy of the Certificate shall have to be returned by the Licensee to the Licensor within ten calendar days upon receipt thereof. In case, the signed copy of the Certificate or substantiated objections are not received within the specified period from the date of signing thereof, the Certificate shall be deemed as accepted by the Licensee. If the written claims or the signed Non-Exclusive License Transfer Certificate are not received by the Licensor within thirty calendar days from mailing the Non-Exclusive License Transfer Certificate to the Licensee, the Certificate shall be deemed as signed.

The Licensee shall irrevocably agree that if no written claims with respect to the Licensor-transferred Object non-exclusive license are presented within ten calendar days from the time of receipt of the Certificate by the Licensee, this will be unambiguously deemed as a consent of the Customer to the fact that the license is transferred to the Licensee timely, in full and in proper manner.

5.6. The Licensor remuneration shall not include VAT or any other taxes and shall be remitted in full by the Licensee without deduction for any taxes, dues or other payments subject to the legislation applicable in the Licensee's country. In case, the tax legislation of the Licensee's country provides for payment of any taxes and dues to the budget of this country, the Licensee shall undertake to effect payments independently at the cost thereof.

5.7. The Licensor, under no circumstances, shall refund the license remuneration after receipt thereof.

6. LIABILITIES OF THE PARTIES

6.1. The Parties shall be liable for failure to perform or improper performance of obligations thereof under the Contract in accordance with the legislation of the Republic of Belarus.

6.2. The Parties shall irrevocably agree that the maximum extent of damage that may be recovered from the Licensor shall be limited by the amount paid by the Licensee for the Object non-exclusive license, the failure to perform or improper performance of which caused damage.

6.3. The Licensee shall be fully and solely liable for any actions taken thereby in the process of using the Internet networks, Object, information assets or services of the Licensor and also for consequences of these actions.

6.4. The Object shall be provided to the Licensee "as is" subject to the principles generally accepted in the international practice. This means that the Licensor shall not be liable for the problems arising in the process of updating, supporting and operating the Object (including the problems of compatibility with other software products and also mismatch of the results of using the service and expectations of the User, etc.). To the extent permitted by applicable law, the Licensor shall exclude all guarantees and conditions related to the Licensor's websites and use thereof. The Licensor shall provide the Object on the "as is" conditions and shall not provide any explicit or implicit guarantees related to the Object, including such guarantees as merchantability or fitness for a particular purpose. The Licensor shall not guarantee that the Licensor's websites or the Object will be faultless or seamless or they will comply with any specific requirements of the Licensee.

6.5. In concluding this Contract, the Licensee shall hereby acknowledge that it is aware of the most important functional properties of the Object with respect to which rights to use thereof are granted. The Licensee shall bear a risk of mismatch of the Object and wants and needs thereof and also a risk of mismatch of conditions and scope of rights to be granted and wants and needs thereof. The Licensor shall not be liable for any losses and damage, irrespective of the causes of occurrence thereof (including, but not limited to special, incidental or consequential damages, losses related to the lost profit, downtime or lost business, loss of business information, negligence or any other losses), occurred due to the use or inability to use the Object.

6.6. The Licensor shall not guarantee accuracy, completeness or utility of any information on the Licensor's websites and shall not assume liability for accuracy or credibility of any opinion, advice or statement made in any manner. The Licensor or affiliated entities thereof, under no circumstances, shall be liable for any losses or damages occurred as a result of dependence of the Licensee on information posted on the Licensor's websites or transferred to third parties.

6.7. The Licensor, to the extent permitted by the applicable law, shall not be liable for any special, incidental or consequential damages or lost profits occurred as a result of access of the Licensee or third parties to the Licensor's websites or the Object, use thereof irrespective of the fact whether they are based on the breach of the Contract, violation of the guarantee (including negligence) or as a result of any other reasons. This shall include inability of the Licensee to obtain access to or use (in particular, due to the variation, suspension, blocking, termination or revocation of rights to use the Object) the Licensor's websites or Object.

6.8. The Licensor shall not be liable for availability of sufficient authorities with the Licensee with respect to companies, Internet resources and other units, the information about which shall be processed, posted and changed within the framework of Services provision. The Licensee shall be liable for availability of such authorities.

6.9. The Licensor shall not be liable for failure to perform or improper performance of obligations under this Contract, as well as for direct and indirect losses of the Licensee, including lost profits and possible loss occurred, in particular, as a result of unlawful action of the Internet network users aimed to violate the information security or normal functioning of the Object; absence of Internet connections between the Licensee's computer and the Licensor's websites; carrying out actions within the framework of operational-investigative activities by public and municipal bodies, as well as other organizations; imposing state regulation (or regulation by other organizations) of the economic activity of commercial organizations in the Internet network and/or establishing one-time restrictions by the above entities complicating or rendering impossible execution of this Contract; and other cases related to actions (inaction) of the Internet network user and/or other entities aimed at aggravating a general situation with the use of the Internet network and/or computer equipment which existed at the time of this Contract conclusion.

6.10. The Licensee shall not be liable for posting any materials, including advertising materials and materials being copyright items in accordance with the applicable legislation of the Republic of Belarus and any other country the law of which may be applied.

6.11. The Licensee shall acknowledge and agrees that the Licensor may browse, use, store and/or disclose the information about the Licensee's Account and the Licensee's data on the Object, if this is required by law or if the Licensor assumes in good faith that such browsing, use, disclosure or storage are reasonably necessary for as follows: (a) enforcing a judicial decision or executing a request from the law enforcement agencies; (b) ensuring compliance with the Contract terms and conditions, inclusive of the investigation of any possible breach thereof; (c) detecting, preventing or responding in any other manner to security threats, fraud or technical problems; and also (d) protecting rights, property and security of the Licensor as required or provided for by Law.

6.12. The Licensee shall be liable for any material (including any content, be it graphic, text, audio-visual or other multimedia) downloaded or transmitted in any other manner using the Object; the Licensee shall be solely liable for any possible violation of rights of third parties, including the intellectual property infringement, dignity harm or damage to goodwill related to the materials downloaded by the Licensee using the Object. In case third party claims associated with the content of the posted information are made against the Licensor, the Licensee independently and at the cost thereof shall undertake to settle such claims and indemnify the Licensor against losses incurred.

7. FORCE MAJEURE

7.1. The Parties shall be discharged of responsibility for full or partial default on fulfillment of obligations thereof under this Contract, if the default on fulfillment is a consequence of impact of Force Majeure, which arose after conclusion of this Contract as a result of extraordinary events which the Parties could not foresee or prevent by reasonable efforts.

7.2. The Force Majeure circumstances shall include the following events which are beyond the reasonable control of the Party and for the occurrence of which it shall not be responsible: war, riot, strike, earthquake, flood, fire, adverse weather conditions or other natural calamities, power interruptions, global interruptions in operation of the Belarusian, Russian and international Internet segments, routing system malfunction, distributed domain name system malfunction, malfunction caused by cyber attacks and DoS attacks and also by other unlawful acts of third parties, government enactments, directives (decrees) of state bodies and public officials, laws and other statutory acts of competent authorities adopted after signing this Contract and rendering impossible to meet obligations under this Contract, and also actions by central government agencies or local public authorities or officials thereof preventing from fulfillment of the terms and conditions of this Contract, and other unforeseen circumstances including, but not limited to, urban electric network malfunction, technical problems on the Internet transit network nodes and other data communications network malfunctions being outside the influence of the Parties.

7.3. The Document issued by the Chamber of Trade and Commerce of the Party's resident country or by other competent authority shall be sufficient proof of the occurrence of such circumstances or duration thereof. Such a documentary proof shall not be required, if these circumstances are actually generally known and recognized by both Parties.

7.4. In case of occurrence of Force Majeure circumstances specified in Subparagraphs 7.1.-7.2. of this Contract, each Party shall have immediately (by no more than one calendar day from occurrence of the circumstances) to notify other Party regarding this fact by email. A notification shall contain the data on the nature of these Force Majeure circumstances, and also official documents proving the existence thereof, as well as, if applicable, assessing impact thereof on the possibility of the Party to meet obligations thereof under this Contract.

7.5. In case of occurrence of Force Majeure preventing the Parties from fulfillment of obligations thereof under this Contract, the term of fulfillment of the Contract obligations shall be extended for a period equal to that during which such circumstances last, and also the time required to remediate consequences thereof, but not more than sixty calendar days.

7.6. If the Force Majeure continues to persist beyond the period specified in Subparagraph 7.5. of this Contract, or when upon occurrence thereof, the Parties shall undertake to discuss alternative solutions for execution of this Contract or termination thereof without indemnity for losses.

8. TERM OF THE CONTRACT AND PROCEDURE OF TERMINATION THEREOF

8.1 This Contract shall be valid from the date of expressing the acceptance of an offer by the Licensee according to the procedure set in this Contract and the period of time specified in the Invoice paid by the Licensee.

8.2. The Parties shall irrevocably agree that this Contract is concluded at the place of business address of the Licensor.

8.3. This Contract may be terminated at any time upon agreement of the Parties or upon an initiative of one of the Parties in cases provided for by this Contract or legislation.

8.4. In the event of a significant breach of provisions of this Contract by the Licensee, the Licensor may unilaterally repudiate this Contract by notifying the Licensee in advance 1 (one) month prior to the termination date and recover the Contract termination-related amount of losses from the Licensee.

8.5. A significant breach of this Contract shall be understood by the Parties to mean the following violations:

8.5.1. delay in fulfilling obligations more than 1 (one) month;

8.5.2. failure of the breaching Licensee to eliminate the breach within 15 (fifteen) days from the date of receipt of a respective request from the Licensor;

8.5.3. the Licensee committed the third breach of Contract provisions of the same type.

8.6. The Licensee shall acknowledge that in case of cancellation of obligations of the Parties arising out of this Contract for any reasons, revocation of the non-exclusive license, it shall irrevocably recognize the fact that the Licensor fully transferred the Object non-exclusive license even in case if the term of rights to this license has not yet expired.

8.7. The Licensee shall irrevocably agree that in case of cancellation of obligations of the Parties arising out of this Contract, for any reasons, revocation of the non-exclusive license, it shall forfeit the right to call on the Licensor to repay any amounts paid on account of payment for rights to use Object non-exclusive license, even in case if the term of these rights has not yet expired.

8.8. In case of cancellation of obligations of the Parties arising out of this Contract, revocation of the non-exclusive license, the Licensee shall be obliged to discontinue use of and/or access to the Object.

8.9. The Licensee shall irrevocably agree that in case of termination of this Contract for any reasons, it shall forfeit the right to call on the Licensor to repay any amounts paid subject to this Contract, even in case if the term of these services has not yet expired.

9. NOTIFICATIONS AND NOTICES

9.1. The Parties shall irrevocably agree accept as binding the documents received via email communication channels and also electronic documents, notifications and declarations of intent executed or made via the Object interface, exclusive of the cases when execution of a hard copy document is mandatory due to requirements of the legislation or of this Contract, specifically, the documents for which a simple written form is binding.

9.2. The Parties shall irrevocably agree that all correspondence, notifications and notices received from the Licensee's email address specified in the Account, and from any Licensor's email address _____@rocketdata.io shall be deemed as received from the Party and delivered to the addressee in a proper form, provided that a notification of the message receipt is received.

9.3. The Parties shall have to timely check the correspondence delivered to email addresses thereof.

9.4. All risks associated with commencement of adverse consequences due to failure to comply with requirements of Subparagraph 9.3 of this Contract shall be borne by the breaching Party.

9.5. The Parties shall assume all responsibility for the actions of persons having access to communication channels.

10. PROCEDURE FOR MAKING AMENDMENTS AND ADDENDA TO THE CONTRACT

10.1. Amendments and/or addenda to this Contract shall be made on an ex parte basis by the decision of the Licensor.

10.2. Amendments and/or addenda to be made by the Licensor to this Contract upon own initiative thereof shall come into effect not earlier than three calendar days after publication thereof on the Licensor's website (-s).

10.3. Amendments and/or addenda to be made by the Licensor to this Contract due to changes to legislation shall come into effect concurrently with the entry into force of amendments made to these legislative acts.

10.4. The text of amendments and/or addenda to this Contract, or a new version thereof shall be made available to the public by the Licensor by posting (publishing) the respective information on the Licensor's websites. The Licensor shall assume no liability to inform the Licensees about amendments to be made through emailing (although it may do so) and shall recommend that the information posted on the Licensor's websites should be regularly browsed.

10.5. The Parties shall irrevocably agree that "silence" (nonavailability of written notifications of termination of this Contract or disagreement with specific provisions of this Contract, including disagreement with changes in rates, List of Services and the procedure of providing them and the List of Partners' Websites) shall be acknowledged as agreement and accession of the Licensee to the Contract in a new version.

11. DISPUTE SETTLEMENT PROCEDURE

11.1. The Parties shall undertake that all disputes and differences arising out of, or in connection with, this Contract shall be settled by means of negotiations. The Party considering that the right thereof was violated shall mail a written claim to the other Party. The Party which received the written claim shall mail a substantiated response thereto within 10 (ten) calendar days from the date of receipt thereof.

11.2. If the Parties fail to settle all disputed issues subject to the procedure specified in Subparagraph 12.1 of this Contract, all disputes arising out of this Contract, including disputes related to the conclusion, amendment, termination, execution and invalidity thereof, shall be presented before the Economic Court of Minsk (Republic of Belarus) in accordance with the legislation of the Republic of Belarus. The applicable law shall be the law of the Republic of Belarus.

12. OTHER TERMS AND CONDITIONS

12.1. The Parties shall irrevocably agree that this Contract is concluded at the location of the Licensor (Republic of Belarus, Minsk).

12.2. When entering into the Contract, the Licensee shall give consent thereof for as follows:

receiving the distributed information (including materials of an advertising nature) related to the activity of the Licensor to the email addresses specified in the process of entering registration data on the Licensor's websites and/or specified in the Licensee's company profile;

processing and using personal and other data provided by the Licensee when concluding and executing this Contract in accordance with Privacy Policy ;

using the trademark thereof (service mark), logo and other symbols of the Licensee, links to the Licensee's website in the portfolio and other advertising materials of the Licensor.

12.3. When concluding this Contract, the Licensee hereby shall state that:

12.3.1. the information specified thereby during the Account registration and in the process of using the Object is complete, true and accurate;

12.3.2. it acknowledges and agrees that a part of this information provided by the Licensee may be available for the third party due to requirements of the legislation of the Republic of Belarus.

12.4. In case any of the terms and conditions of this Contract is null and void, invalidated or erased from this Contract, this will not render other provisions of this Contract invalid which shall remain in full force and effect and shall be binding upon the Parties.

12.5. All issues not regulated by this Contract shall be settled in accordance with the applicable legislation of the Republic of Belarus, as well as by local regulatory documents of the Licensor, provided that they comply with the applicable legislation of the Republic of Belarus.

13. ADDRESSES AND BANK DETAILS OF THE PARTIES

The Parties shall irrevocably agree that the Licensee's details shall be understood to mean the information specified thereby at the time of finalizing an order for granting a non-exclusive license, Account.

The Licensor's details:

For payments in RUB

Beneficiary bank:


PRIORBANK. Minsk, Republic of Belarus

SWIFT: PJCBBY2X

Correspondent bank:

Settlement account 30111810700000110023

Raiffaisenbank JSC, Moscow, Russia

INN7744000302, BIC044525700

in the Main Branch of the Bank of Russia for the Central Federal District

Correspondent account 30101810200000000700

SWIFT: RZBM RU MM

Beneficiary account number: BY59PJCB30120543611000000643

Beneficiary name: Data Delivery LLC, UNP 192980243, room No. 34, 10A, Biruyzova Str., Minsk, RB.

For payments in USD

Beneficiary bank:


PRIORBANK. Minsk, Republic of Belarus

SWIFT: PJCBBY2X

Correspondent bank:

Account No. 36089449

CITIBANK, New York, USA

SWIFT: CITI US 33

Beneficiary account number: BY75PJCB30120543611000000840

Beneficiary name: Data Delivery LLC

UNP 192980243, Belarus, Minsk

For payment in EUR

Beneficiary bank:

PRIORBANK. Minsk, Republic of Belarus

SWIFT: PJCBBY2X

Correspondent bank:

Account No. 55.045.512

RAIFFEISEN BANK INTERNATIONAL AG, Vienna, Austria

SWIFT:
RZBA AT WW

Beneficiary account number: BY35PJCB30120543611000000978

Beneficiary name: Data Delivery LLC

UNP 192980243, Belarus, Minsk

For payments in BYN

UNP 192980243

room No.34, 10A, Biruyzova Str., 220073 Minsk, RB

Settlement account BY86PJCB30120543611000000933 Priorbank OJSC Banking Services Center 113

13, Komsomolskaya Str., Minsk. BIC PJCBBY2X

tel. (017) 204-24-10