This End User Licence Agreement (EULA) sets out the terms and conditions that apply to your use of the Cyber Polygon Platform and shall be executed between the Licensor and all Users of the Cyber Polygon Platform.
1. Terms and Definitions
1.1. Licensor means ‘BiZone’ Limited Liability Company, PSRN 1167746317210, with its registered office at Office 515, 4, Bld. 2, Olkhovskaya St., Moscow, 105066, Russia.
1.2. Platform or Cyber Polygon means the Licensor’s website comprising a set of computer software and databases within the meaning of Articles 1261, 1334 of the Civil Code of the Russian Federation, the exclusive rights to which belong to the Licensor. The Platform provides Users with website content and functionality.
1.3. bContent means presentations and speeches in written, audio or video format.
1.4. User (Licensee) means a person who uses the Platform on behalf of a Participating Organisation.
1.5. Participating Organisation means a team that participates in the Cyber Polygon training.
1.6. Interface means a set of website software and (or) graphical tools enabling remote access to the Platform for Users.
1.7. User Account means an individual login and password enabling the User to access to their Profile, as well as the execution of this EULA.
2. General Provisions
2.1. This EULA sets out the terms and conditions for the use of the Platform.
2.2. The Licensor grants the User the right to use the Platform based on a simple (non-exclusive) licence and in accordance with its functional purpose (the Licence). Unless otherwise published on the Platform, the Licence is granted royalty-free.
2.3. The purpose of using the Platform is for the User to access the Cyber Polygon functionality in order toparticipate in Cyber Polygon trainings, as well to view, listen to and read the Content.
2.4. Any use of the Platform and the Content is allowed only with permission from ‘BiZone’ LLC, unless otherwise provided for by this EULA. BiZone LLC (PSRN 1167746317210, with its registered office at Office 515, 4, Bld. 2, Olkhovskaya St., Moscow, 105066, Russia), is the exclusive right holder of the Platform, including the software that enables Users to interact with the Platform. The exclusive rights holder of the Content is the User or the Licensor, who has provided the respective Content.
2.5. If the User breaches these terms while interacting with the Platform and the Content, the User thereby uses the Platform and the Content illegally, which infringes the rights of the right holder and (or) third parties and entails the liability provided for by the applicable law of the Russian Federation and that of a foreign state.
2.6. Under the Licence, the User can create only one account on the Platform, wherefrom they can access the User Profile.
2.7. The Licensor grants the User (who has created a User Account as specified in clause 2.6. hereof), the right to use the Platform by providing them with remote access to the interface. The User is not provided with Cyber Polygon counterparts and/or copies on tangible media.
2.8. The Licensor may at any time change any clause of this EULA unilaterally without prior written notice to the User and (or) third parties by publishing a new version of the EULA on the Platform at least ten (10) days before it takes effect. The User’s using the Platform after the new version has come into effect means that the User has fully accepted the new terms and conditions, which are considered fully binding on the User.
2.9. The User is deemed to have fully and unconditionally agreed to this EULA once they have started interacting with the Platform, including their acceptance of this EULA, searching, viewing and listening to the Content and other actions involving the use of the Cyber Polygon features within the meaning of Clause 5, Art. 1286 of the Civil Code of the Russian Federation. Every time when the User interacts with the Platform, they thereby express their acceptance of the EULA version being in effect at the moment of using the Platform. The terms of this EULA shall apply to all subsequent updates/new versions of the Platform.
2.10. When using the Platform, the User agrees that the Licensor is entitled to save and use cookies and other local storage technologies, web beacons and similar tools on the User’s device, as well as to transfer information obtained with the use of such tools to third parties for analysis of the User’s interaction with the Platform, improvement of the Platform’s functionality, navigation management and obtaining statistical information.
2.11. The Licence is valid for one year. Upon the expiration of the validity period it will be prolonged for another year if neither of the Parties object.
2.12. The Licence is valid worldwide.
2.13. This EULA constitutes neither a public offer nor a public document.
3. Usage of the Platform
3.1. Users are granted access to the platform in accordance with the terms below:
3.1.1. Participating Organisation Users representing legal entities, may participate in the Cyber Polygon competitions subject to the competition terms published on the Platform. The Participating Organisation and the Licensor may publish on the internet the information about the participation of the Participating Organisation in Cyber Polygon competitions with placement of trademarks of the Participating Organisation and the Licensor during the term of this EULA. The Parties shall agree on the texts and information placement methods before the publication. The Licensor has the right to quote and stream the competition on public domains and the internet, as well as to refer to the Participating Organisation and its representatives.
3.2. The Licensor may at any time revise, change, restrict, extend the Сyber Polygon functionality, including the conditions of User access to the Platform or its individual features.
3.3. The User may use the Cyber Polygon functionality to the extent allowed by the Licensor. The Licensor may unilaterally change the Cyber Polygon functionality and the set of features available to the User.
3.4. Only the User themselves is allowed to use the Platform, its features and the Content.
3.5. When using the Platform or the Content, it is prohibited to:
3.5.1. use anonymous proxy servers;
3.5.2. take actions aimed at exploring the Cyber Polygon structure and software code;
3.5.3. infringe third-party rights when using the Platform and the Content;
3.5.4. upload third-party Content to the Platform;
3.5.5. use the Platform or the Content in bad faith;
3.5.6. disclose authentication data (including temporary and permanent passwords) to third parties;
3.5.7. transfer information obtained through the Platform to third parties, unless otherwise provided for in this EULA;
3.5.8. use the Content, information and other Cyber Polygon elements received through the Platform to create copyright items (including databases);
3.5.9. redevelop the Platform, inter alia, create derivatives (including modifications);
3.5.10. carry out reverse engineering of the software or its elements;
3.5.11. mention the Platform in publications and presentations without giving reference to the Licensor and without the Licensor’s consent;
3.5.12. use the Platform and (or) the Content in a manner and to the extent not expressly permitted by this EULA and the applicable law of the Russian Federation, as well as when such usage violates the terms of this EULA and the applicable law of the Russian Federation.
3.6. The right holder who provided the Content to the Licensor shall be held liable for the User’s use of such Content on the Platform, including the uploading of unauthorised Content. If third parties or state authorities, including foreign ones, lodge claims against the Licensor in connection with the Content used on the Platform, the User is obliged to independently settle all issues with such parties and indemnify the third party and the Licensor against all damages.
3.7. This EULA is to be signed by a simple electronic signature that utilises the User’s Credentials.
3.8. The Parties agree to consider a simple electronic signature to be equal to a simple handwritten signature with respect to the signing of this EULA and other Cyber Polygon transactions.
3.9. The Licensor reserves the right to demand from the User executing the EULA (and other transactions on the Platform) in a simple written form with exchange of the counterparts.
3.10. The User shall take care of the security of their Credentials and shall not disclose them to third parties. The User may not transfer their Credentials to third parties or allow third parties, whether directly or indirectly, to use their Credentials to authorise on the Platform.
3.11. Any action performed in the Cyber Polygon interface or using the User’s Credentials or those of their authorised representative shall be deemed performed by the User and gives rise to the User’s responsibility and liability borne with respect to such actions, including the liability for breaching the terms of this EULA and legislative requirements concerning personal data and content. If there are grounds to believe that the Credentials must have been compromised, or can be used by unauthorised third parties, the User shall change the Credentials immediately by submitting a request to cyberpolygon@bi.zone. The Licensor will automatically generate a new password and send it to the User.
3.12. The Licensor may:
3.12.1. use available solutions to verify the legitimacy of the Content and the incorporation data (TIN, KPP, PSRN, etc.) using the website https://egrul.nalog.ru;
3.12.2. process the User’s personal data according with the Cyber Polygon Privacy Policy;
3.12.3. refuse the upload, deletion and posting of certain Content uploaded by the User to the Platform, whether in whole or in part, if such Content is inaccurate, irrelevant, unreliable or non-compliant with this EULA;
3.12.4. restrict the User from accessing the Platform by blocking the respective User Account, IP-addresses or ranges of IP addresses wherefrom the Platform is accessed in order to preclude or prevent a violation of this EULA and (or) infliction of damage to the Licensor (including but not limited to DDoS-attacks or other actions unauthorised by the Licensor);
3.12.5. restrict the functionality of the User Account, if the User fails to perform at least one obligation set forth in this EULA;
3.12.6. suspend the User’s access to the Platform, if the User has breached the terms of this EULA, until such breach is remedied;
3.12.7. interrupt the User’s access to the Platform to carry out scheduled or emergency/contingency maintenance without prior notice.
3.13. When interacting with the Platform, the User is obliged to submit only accurate information and shall be responsible for the use of the Content. The Licensor may request to, while the User shall, upon the receipt of such request, confirm the accuracy and legality of the Content, as well as the User’s rights to upload the Content.
3.14. When interacting with the Platform, the User shall:
3.14.1. provide accurate information about the Organisation;
3.14.2. become familiarised with the Cyber Polygon documentation and use the Cyber Polygon in strict compliance with the scenarios described in the documentation;
3.14.3. be responsible for the negative consequences resulting from inappropriate use of Cyber Polygon features;
3.14.4. avoid actions that may result in Cyber Polygon’s denial of service, in particular, DDoS-attacks or other actions unauthorised by the Licensor;
3.14.5. change the passwords at least once in every sixty (60) days; refrain from using the passwords that are already used to access other systems;
3.14.6. use trusted networks to access the Platform to avoid leakage of confidential information;
3.14.7. maintain the confidentiality of the User Account.
4. Liability
4.1. Any unlawful use of the Platform and (or) the Content constitutes a violation of the rights of the Licensor and/or those of third parties and results in criminal, civil and other liability provided for by the applicable law of the Russian Federation.
4.2. If the User breaches this EULA or fails to perform the obligations hereunder, the Licensor may block the User from accessing the Platform with their uploaded content removed or hidden at the Licensor’s discretion.
4.3. If a third party lodges a claim against the Licensor for infringing their rights as a result of the User’s illegal actions, or the Licensor receives a prescription, warning or another instruction from a competent state authority or is involved in legal proceedings as a result of the User’s illegal actions, the User shall indemnify the Licensor against all losses.
4.4. When using any information, including the Content, obtained through the Platform, the User agrees that the Platform is not intended to serve any particular purpose of the User, being provided to the User on an ‘as is’ basis, i.e. without any guarantees.
4.5. The Licensor does not provide any warranties with respect to any Content uploaded to the Platform by Users, nor associates itself with such Content.
4.6. The User’s personal data is processed in accordance with the Cyber Polygon Privacy Policy.
4.7. The legal relations between the Parties will be governed by the substantive, procedural and conflict of laws law of the Russian Federation.