Pogodnik® End User License Agreement

November 1, 2009

Important Notice

Please note that the Pogodnik services and software, like most Internet applications, are security vulnerable and should therefore be considered unsecured. When using the Pogodnik services and software, and the Internet in general, you are exposed to a variety of dangers, including, among others, the following:

-Exposure to unwanted material and/or parties, including but not limited to infected files.

-Unauthorized invasion of your privacy in the course of or as a result of your or another person's use of the system.

-Simulating a connection, eavesdropping, peeping, obtaining useless information (“spam”), password cracking, pestering, fraud, forgery, trickery, electronic intrusion, tampering, hacking, deleting disk contents, infecting a system, including but not limited to the use of viruses, worms and Trojan horses that cause unauthorized, damaging or harmful access, and/or searching your computer for information and data or other forms of activity that may be considered illegal.

If you do not wish to be exposed to these dangers, we recommend that you do not use the Pogodnik services and software. Furthermore, we ask that you do not use the Pogodnik services and software for “critical tasks” or for applications and purposes with “sensitive content”. In the context of this section, the term “critical tasks” means applications that may cause harm; “sensitive content” means any information and data that you wish to prohibit from being freely accessible and openly viewable by Internet users.

Please note that the sender's IP address in any Internet application is an integral part of the standard Internet protocol TCP/IP and can be extracted by any party participating in a communication session using certain software and/or hardware.

The terms and conditions of use of the Pogodnik services and software are detailed in the documents below, namely: Pogodnik End User License Agreement, Pogodnik Privacy Policy and other documents governing the terms of service, which can be found at: https://pogodnik.com/license . Please also read the most current version of the Terms of Service, which can be found at: https://pogodnik.com/license .

License

The end user of the Pogodnik software (“Software”) is licensed free of charge by Bureau of Innovative Technologies, LLC, in “AS IS” form. The license is granted solely for private personal use and subject to the terms and conditions of this end user license agreement (“Agreement”). Please read this Agreement in its entirety before using the Software.

By using the Software or any Pogodnik Services, you acknowledge that you are acting in accordance with the provisions of the Pogodnik Terms of Service, which are posted at https://pogodnik.com/license , and said use is also subject to those Terms.

Any reference to “Pogodnik” in this Agreement refers to Bureau of Innovative Technologies, LLC, its subsidiaries, successors, assigns, representatives and affiliates, as well as any other company that directly or indirectly controls Bureau of Innovative Technologies, LLC and any subsidiary of said controlling company.

Your application

You represent and warrant that you have the appropriate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and will not permit use of the Software to violate any law, regulation or ordinance, or any right of “Pogodnik” or other third party, including but not limited to any right of privacy, publicity, copyright, patent or trademark.

Pogodnik Terms of Service

This Agreement and the documents governing the Pogodnik Terms of Service can be found at: http://www.pogodnik.com/соглашение . They include the Pogodnik Privacy Policy and other terms of use documents (which together with this Agreement constitute the “Pogodnik Terms of Service”) and will apply to any version of the Pogodnik services and software. Unless expressly stated otherwise, it is intended that the relevant documents governing the Pogodnik Terms of Service will apply to any Pogodnik website, any application, add-on, service, software, component, feature or program created or made available through Pogodnik. Said also refers to any application program based thereon, delivered by, affecting the functionality and user experience of, or directly or indirectly utilizing for its operation the Software, the Pogodnik network, system, website, servers, various directories and indexes, various message and news boards, facilities, information and databases of any party (together with application programs created or provided by Pogodnik, referred to as “Pogodnik Applications”).

In the event of a conflict between any provision of this Agreement and any provisions of the documents containing the Pogodnik Terms of Service, the provision of this Agreement shall govern.

Pogodnik Services

As part of the Software, Pogodnik provides you with limited access to the system, webpage, servers, Pogodnik Applications, and commercial activities related thereto or any part thereof (together with the Software or any part thereof, referred to as the “Pogodnik Services”). The Pogodnik Services, or any part thereof, may also be accessed through other software.

By accepting the terms of this Agreement, you agree that Pogodnik may limit, deny, prioritize different users, update or cancel some or all of the features of the Pogodnik Services at any time, without prior notice.

Changes in functionality

The Pogodnik Services or any part thereof, including, without limitation, any version of the Software installed on your computer, access to the Pogodnik Services provided to you or any other user, availability and executable functions of any property or purpose (including, but not limited to, Pogodnik Applications) may be modified, updated, added, limited or discontinued at any time, temporarily or permanently, without notice, for any reason or no reason by Pogodnik at its sole discretion For the avoidance of any doubt, it is hereby clarified that Changes to the functions performed may be made to Software that is already installed in your computer. “Pogodnik” may introduce or provide different levels of services and listing policies, different levels of access or no access at all, and different priorities for different users or for different features, or users to different versions of the Software and Pogodnik Services, including Software that is already installed on your computer but is not required to do so. All said operations may result in the modification, limitation, discontinuation or addition of functions performed in earlier versions in use, including a functional change in privacy and security issues (“Miscellaneous Service Provisioning”), at any time without notice, in its sole discretion. You agree to assume the appropriate risk and waive any claim against Pogodnik for the effect of the Functional Change and Miscellaneous Service Provisioning on your ability to use the Software and Pogodnik Services, in whole or in any part, to exchange information with third parties or their ability to exchange information with you.

Restrictions on Use

You agree not to do any of the following: (1) use or create any software other than the Software provided by Pogodnik or any of their affiliates; (2) extract information from the Pogodnik Services, perform structural and algorithm reconstruction from source code, decompile, reverse assemble, modify, duplicate, copy, create derivative works of, distribute, or make available to others the Software, communication protocols, or other software.

You hereby agree to comply with any laws and regulations relating to your use of the Services and the Pogodnik software. You also agree to release Pogodnik, its officers, agents, employees and directors from liability for any damages resulting from a violation of this section. Finally, you may not authorize or assist any third party to perform any of the activities described in this section.

You may only use The Pogodnik for lawful purposes

You may not engage in any conduct that Pogodnik believes restricts or inhibits any other user from using the Pogodnik Services or the Software, including but not limited to behavior in public places. You agree to release Pogodnik, its officers, agents, employees and directors from liability for any damages resulting from a violation of this section.

Property Rights

“Pogodnik” owns all intellectual property rights in the Pogodnik Services and databases, including, without limitation, the Pogodnik components and algorithms, and access to the suite of servers that provide the Pogodnik Services.

The Pogodnik Services may contain materials provided by or related to third parties or third party web pages. All proprietary and intellectual property rights in any content that may be accessed through the Pogodnik Services, and which is not owned by Pogodnik, belong to the respective owners of the content. These rights may be protected by applicable copyright laws and other intellectual property laws or treaties. “Pogodnik” owns the copyright in the selection, coordination, arrangement and enhancement of such content. This Agreement does not grant you any rights to use said content. You may not modify, publish, transmit, broadcast, display, participate in the transfer or sale of, create derivative works from, or otherwise use the content of the Pogodnik Services or any portion thereof. Except as expressly permitted by copyright law, you may not copy, redistribute, publish, display or commercially exploit any material obtained through the Pogodnik Services without the express permission of Pogodnik. No part of the content of the Pogodnik Services may be stored in a computer except for personal and non-commercial use. “Pogodnik,” the Pogodnik logo, the Pogodnik network, and/or other Pogodnik products referenced herein are trademarks and/or service marks of Pogodnik. Other products and company or brand names may be trademarks or service marks of their respective owners. This Agreement does not grant you any license, directly or indirectly, to use any trademarks, service marks, names or emblems, including the “Pogodnik” emblem. If you believe that your work has been copied and is being accessed through the Pogodnik Services in a way that constitutes copyright infringement, please visit http://pogodnik.com/контакты for instructions on how to contact Pogodnik.

Privacy Policy

By using the Pogodnik Services, or any part thereof, you agree and acknowledge that the detailed information you choose to submit to the various Pogodnik directories, including information submitted in the course of using the Pogodnik Services, is publicly available and freely accessible to Internet users and the general public, unless expressly stated otherwise.

Links to other services

The Pogodnik Services contain features and functions that may link to or provide you with certain links and interactions with third party web pages, indexes, servers, networks, systems, information and databases, applications, software, programs, products or services (“Other Services”). These features and functions performed are provided by Pogodnik solely as a convenience. The Other Services are not controlled by Pogodnik in any way, and Pogodnik is not responsible for the content of these services or any link contained therein. The provision of such features does not imply endorsement of the Other Services by Pogodnik. In addition, Pogodnik does not endorse any services or products that may be offered by any third party advertising using the Pogodnik Services. “The Pogodnik” will not, under any circumstances, be liable to anyone for any damages arising out of or caused by the creation or use of the Other Services, information or materials accessed through the Other Services.

Provision of Information

“Pogodnik” does not wish to receive any confidential, secret or proprietary information and materials from you through Pogodnik's website, Pogodnik's mailing and e-mail addresses, Pogodnik's Services or in any other way. ANY INFORMATION OR MATERIALS FORWARDED OR SENT BY “Pogodnik” IS PROVIDED NOT TO BE CONFIDENTIAL OR SECRET. When sending or mailing documents, information or other materials (“Materials”) to “Pogodnik” or directing information to be entered into Pogodnik's various indexes and tools, you (1) warrant that you have no rights in the Materials and, to the best of your knowledge, no party has any rights in the Materials; (2) grant Pogodnik unlimited, perpetual, irrevocable permission to use, reproduce, display, perform, adapt, modify, transmit and distribute the Materials; and (3) grant Pogodnik unlimited, perpetual, irrevocable permission to use, reproduce, display, perform, adapt, modify, transmit and distribute the Materials

Waiver of sanction

The “Pogodnik” SOFTWARE, SERVICES, AND INFORMATION PROVIDED IN DIFFERENT Pogodnik DATABASES, LISTINGS AND DATABASES are provided in “AS IS, AS AVAILABLE” form. “Pogodnik” DISCLAIMS ANY WARRANTIES, expressly stated or implied, including, but not limited to, those relating to merchandise condition, NON-INFRINGEMENT OF LAW AND FITNESS FOR A PARTICULAR PURPOSE, in relation to the SOFTWARE, the Pogodnik Services, the Pogodnik Server SOFTWARE, the Pogodnik INTERNET STRANGE, OR ANY INFORMATION, sent, delivered or received by the USERS using or through the SOFTWARE, the SOFTWARE of the Pogodnik Servers, Pogodnik's INTERNET STRANGE, Pogodnik's SERVICES, or Pogodnik's DIFFERENT LANGUAGES AND LISTINGS, EXCEPT IN CASE WHEN SUCH WARRANTY CANNOT BE REPRESENTED BY LAW.

“Pogodnik” makes NO MANUAL, WARRANTY, OR REPRESENTATION OF ANY kind with respect to the use, suitability, reliability, OR RESULTS OF USE of the SOFTWARE, Pogodnik SERVICES, OR ACCESS TO Pogodnik SERVERS, OR TO INFORMATION PROVIDED BY DIFFERENT LISTINGS, LISTINGS AND DATABASES OF THE WEATHERMEN'S WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, QUALITY, LAWFULNESS, STABILITY, FULLNESS, ACTUALITY OR OTHER PARAMETERS OF THE CONTENT OR PRODUCTS, EXCEPT IN CASE WHEN SUCH WARRANTY CANNOT BE REPRESENTED UNDER LAW. ALL RISK BETWEEN THE RESULTS AND QUALITY OF FUNCTIONING OF THE SOFTWARE, PODODNIK SERVICES, AND ACCESS TO PODODNIK SERVERS OR DIFFERENT DATA DETAILS AND LISTINGS OF PODODNIK DATA IS VOLUNTEERED TO YOU.

“Pogodnik makes NO MANUAL, WARRANTY OR REPRESENTATION of any kind with respect to the use, suitability, reliability, or results of the use of the Pogodnik software, Pogodnik services, or access to Pogodnik servers, or information provided by various directories, LISTINGS AND DATABASES Pogodnik as to accuracy, reliability, quality, legality, stability, completeness, relevance, or other characteristics of its contents or products, EXCEPT IN CASE WHEN SUCH WARRANTY CANNOT BE REPRESENTED BY LAW. ALL RISK BETWEEN THE RESULTS AND QUALITY OF FUNCTIONING OF THE SOFTWARE, PODODNIK SERVICES, AND ACCESS TO PODODNIK SERVERS OR DIFFERENT DATA DETAILS AND LISTINGS OF PODODNIK DATA IS VOLUNTEERED TO YOU.

“Pogodnik” does not warrant or guarantee that all versions of the Software will be provided with the same quality and level of service, features, functionality and availability for use under the Pogodnik Services. “Pogodnik does not warrant or guarantee that: (1) any program or information will be free from infection by viruses, worms, Trojan horses, or other contaminating or destructive properties; (2) the information available on or through the Pogodnik Services will not contain adult-only material or material that may be considered objectionable by some persons; (3) the Pogodnik Services and the functions or services performed by Pogodnik will be uninterrupted and free of errors; or (4) defects in the Pogodnik Services will be corrected. You are solely responsible for isolating the software or information, using anti-virus software, and taking other steps to ensure that the software or information, if contaminated or infected, will not cause damage to your information or system.

Security and Privacy Restrictions You hereby acknowledge the following: (1) that there are security and privacy restrictions on the Pogodnik Services, including security, privacy and identity restriction measures and features; (2) that data and information on the Pogodnik Services may be subject to eavesdropping, tracking, misinformation, fraud, sending virtually useless information (spam), use by impostors, tampering, password cracking, solicitation, scamming, electronic fraud, fraudulent activity, and other forms of electronic fraud. Activating such features increases the risk that third parties will be able to manipulate your computer.

You acknowledge that, just as with most Internet software (i.e., e-mail), there are certain dangers associated with receiving or downloading files through Pogodnik. Such dangers include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer.

Limited Liability

“Pogodnik” WILL IN NO EVENT BE LIABLE TO ANY PARTY IN THE FOLLOWING CASES: (i) FOR ANY indirect, special, punishment-related, incidental or consequential damages (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF PROGRAM OR INFORMATION, OR THE LIKE), OR FOR ANY OTHER DAMAGES RESULTING FROM LOSS OF PERFORMANCE, USE, FAILURE TO OR INABILITY TO USE THE SOFTWARE, the Pogodnik Networks, the Pogodnik Services, DIFFERENT LABELS AND LISTINGS, OR ANY OTHER “INFORMATION”, EVEN IF “Pogodnik” HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, IN CONTRACT, CIVIL LAW OR OTHER WAY; (ii) FOR ANY CLAIM RELATING TO DELAY, ERROR, Omission, OR OTHER INACCURACY IN INFORMATION OR THE DESTROYING CHARACTER OF ANY INFORMATION; (iii) FOR TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE RELATED TO OR Caused BY THIS OR ANYTHING ELSE, OR FOR RESULTS RESULTING FROM THE USER'S USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFICIATES OR CONTaminates THE USER'S SYSTEM OR INFORMATION. WHEREAS some jurisdictions or jurisdictional districts do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions or jurisdictional districts, Pogodnik's liability will be limited to the extent permitted by law.

In no event will Pogodnik's liability with respect to this Agreement exceed: (i) the amount paid by you (if any) to Pogodnik for the Software; or (ii) the average monthly payment made by you to your local telephone company or service provider solely and specifically for accessing the Pogodnik Services.

All risk relating to the quality and performance of the Pogodnik Services, its accuracy, adequacy, completeness, correctness, reliability and quality of service or other other information rests with the user.

Payment Policy

Unless expressly agreed otherwise by “Pogodnik”, the Pogodnik Services are provided to you free of charge. If any payments have been made for materials, equipment, products or services that bundle or offer any part of the Pogodnik Services, or to access the Pogodnik Services through any platform or network, you acknowledge that such payments were made for the equipment, products, services or for the access offered and not for the actual Pogodnik Services. You are responsible for any telephone bills or other communications facility charges in connection with accessing the Pogodnik Services. Because you are responsible for paying such bills, you should contact your local telephone company or service provider if you have questions about whether your access includes payment of any long distance (international) calls or other charges related to your location.

Additional Services

Use of or access to certain additional or subscription-based content, products or services (“Additional Services”) by or through the Pogodnik Services may be available for an additional fee. Additional Services may be subject to certain terms and conditions that are in addition to this Agreement. You must accept these terms and conditions in order to access the Additional Services.

Advertising on Pogodnik

The language of advertising on Pogodnik is the national language.
For the convenience of Users, any advertisement on Pogodnik may be translated. The translation(s) of the advertisement(s) shall not constitute an advertisement.

Messages received from Pogodnik

“Pogodnik” may send (i) notices of use of the Pogodnik Services, including any notices of usage restrictions; (ii) updates; and (iii) promotional information to your copy of “Pogodnik” or to the email address you provide, or through any Pogodnik Services. For more detailed information, you may visit the Pogodnik website by clicking on the following link http://pogodnik.com/загрузить-виджет.

Termination of Use of Services

“Pogodnik” may at any time terminate your access to the Pogodnik Services, cancel, modify, withhold, remove from listing, introduce other features and functions for different users, or refrain from publishing any information about users listed in various Pogodnik indexes and listings for any reason, including, but not limited to, in its sole discretion, if it deems your use unacceptable, or in the event of any breach by you of this Agreement or the Pogodnik Terms of Service (whether directly or by violating the Terms of Service). “Pogodnik” shall have no obligation to send you prior notice of termination of your use of the Pogodnik Services.

Support

You should understand that your use of the Pogodnik Services is solely your responsibility and that Pogodnik does not provide any support other than informational support, which is available at http://www.pogodnik.com/. It is not Pogodnik's function to notify you of bug fixes, updates, upgrades, modernizations and/or enhancements to the Software of any Pogodnik Services.

Rights and Remedies

You agree that this Agreement is not intended to grant and does not grant any rights or remedies against any person other than the parties hereto. You further understand and agree that the Pogodnik Terms of Service, including the enforcement of these settings, is not intended to grant and does not grant any rights and remedies against any person other than Pogodnik.

You acknowledge that the Pogodnik Services contain proprietary and confidential information and that disclosure of such information or misuse of the Pogodnik Services may result in irreparable harm to Pogodnik that cannot be adequately compensated. Accordingly, Pogodnik shall be entitled to seek and obtain injunctive relief with respect to such disclosure or misuse, or threaten to take action with respect to such disclosure or misuse, in addition to any available legal remedies.

Interpretation

If any portion of this Agreement becomes invalid or unenforceable, such portion will be interpreted in accordance with applicable law in a manner that reflects as closely as possible the original intentions of the parties, and the remaining portions of the Agreement will remain in full force and effect.

Transfer of Rights

“Pogodnik” may transfer, assign, sublicense or pledge in any manner any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor or any other third party, without giving you notice or obtaining your consent. You may not transfer, assign, delegate, delegate, designate a sublicensee or pledge in any manner any of your rights and obligations under this Agreement.

Changes to the Agreement

“Pogodnik” may change the Pogodnik Terms of Service from time to time with or without the release of a new version of the Software. If you continue to use the Pogodnik Services for more than 30 days after first receiving notice of such change via the Pogodnik Network or web pages, then you consent to the new or modified Pogodnik Terms of Service. Subject to the foregoing, you agree to comply with the terms of the license agreement found on the Pogodnik website at http://www.pogodnik.com/соглашение , if such license is of a later date than the license agreement delivered with your Software.

Electronic Notices

By using any Pogodnik Services, you consent to receive electronic communications from Pogodnik as required by law, including notices, agreements, announcements or other information regarding any Pogodnik Services (collectively, “Notices”). You agree that Pogodnik may send electronic Notices to you in the following ways: (i) by using email at the address provided to you; and/or (ii) through “pop-up” messages, “system” notices, or any other form of communication using any Pogodnik Services; and/or (iii) by posting Notices on the home page or other page of the applicable service. You agree that certain additional or enhanced services available to users of the Pogodnik Services may have their own Notification procedures.

You must have a personal computer with a modem connected to a communication source (telephone, wireless source or broadband network). The computer must be equipped with a Windows operating system to access electronic communications.

You will also need a printer connected to a personal computer to print any Notices. You may download an electronic copy and a printable version of the Pogodnik Terms of Service at: http://www.pogodnik.com/соглашение .

Delivery of any Notice from Pogodnik shall be deemed to have been accomplished when sent by Pogodnik, regardless of whether you read the message upon receipt. You may opt-out of receiving notices, electronically, by canceling or terminating your use of the Pogodnik Services.

Notices and Warnings

You acknowledge that the various remarks, notices and alerts available through the Pogodnik Services are provided as a convenience only. The inclusion of such notices does not constitute an obligation of Pogodnik to provide such remarks, notices and warnings in other areas or features of the Pogodnik Services.

Continuation of Certain Provisions

The provisions of this Agreement relating to limitation of use, non-recognition of representative claim and warranties, indemnification obligations, intellectual property rights, ancillary services and governing law shall survive the termination of this Agreement, your use of the Pogodnik Services and your access to ancillary services.

Governing Law and Jurisdiction

This Agreement and the Terms of Service have been developed in accordance with and governed by the laws of Ukraine, excluding provisions contrary to law. Please note that your use of the Pogodnik Services may be subject to the jurisdiction of other local, district, regional, national or international laws. You expressly agree that the courts of Ukraine shall have exclusive jurisdiction over any claim or dispute with Pogodnik, or any dispute relating in any way to your use of the Pogodnik Services. In doing so, you consent to the courts of Ukraine hearing any such dispute, including any claim against Pogodnik, its subsidiaries, affiliates, employees, contractors, officers, directors, telecommunications service providers and content providers.

Headings

The headings and subheadings used in this Agreement are added for convenience only and shall play no role in its interpretation.