End-User License Agreement

End-User License Agreement for the use of the mobile device software, which is a part of the Melon computer application. Before using the software, please review the terms of the following End-User License Agreement. Any use of the software by you, including copying and installing it on your mobile device, as well as any other form of usage, signifies your complete and unconditional acceptance of the terms of this End-User License Agreement without reservations or exceptions. If you do not agree to the terms of the license agreement in their entirety, you are not authorized to use the software for any purpose.

1. Terms and Definitions

In the License Agreement, unless otherwise specified, the terms are used in the following definitions:

1.1. Program: Melon player computer software designed to modify the composition selection order in entertainment establishments' premises/areas for recreational purposes.

1.2. Licensor: Limited Liability Partnership "Melon Sound" (LLP "Melon Sound," BIN 231040035001, address: Kazakhstan, Astana city, Baykonur district, Kenesary street, building 42, postal code Z00Y7B9), a legal entity established and operating in accordance with the legislation of the Republic of Kazakhstan, and the rightful owner of the Program.

1.3. User: any person who uses the Program, regardless of whether they have undergone the registration procedure.

1.4. Registration: a procedure in which the User provides the Licensor with data in an approved registration form for the purpose of using specific Program data and commands through an Account.

1.5. Account: a part of the Program intended for use after User Registration and inputting a login and password.

1.6. Establishments: separate territories/venues where specific Program data and commands are used through an Account.

1.7. Balance: the display of the number of Credits in the User's Account, credited in accordance with the terms of this License Agreement.

1.8. Credits: exchangeable tokens credited to the User in exchange for payment of the licensing fee, under the terms of this License Agreement.

Other terms and expressions used in this License Agreement have the meanings ascribed to them in the corresponding laws and other regulatory acts of the Republic of Kazakhstan.

2. General Provisions

2.1. The use of the Program on terms and in ways not provided by this License is possible only based on a separate agreement with the Licensor.

2.2. By using the Program, the User agrees that an integral part of this License Agreement is the Privacy Policy of the "Melon" website located on the Internet at https://melon.kz/en/docs/license-app, as well as other documents whose provisions apply to the relationship between the User and the Licensor. These documents (including any of their parts) may be amended by the Licensor unilaterally without any special notice, and the new version of the documents comes into effect upon their publication unless otherwise provided by newer versions of the documents.

2.3. The Licensor may provide the User with a translation of this License Agreement from Russian into other languages. However, in case of any discrepancies between the terms of the License Agreement in Russian and its translation, the legally binding version of the License Agreement is exclusively the Russian-language version.

2.4. The User can register in the Program by performing a series of sequential actions to log in via OpenID technology, as a result, the person becomes a registered User.

2.5. Actions performed by the User in the Program under their Account, accessed through third-party service credentials or authorization using the User's phone number or email address, will be considered as actions taken by the User as the owner of the Account. The User is solely responsible for all actions performed by them in the Program, as well as for all actions taken in the Program by any other individuals using the User's Account.

2.6. The User undertakes not to disclose or transfer their login and password to third parties, as well as to make all necessary efforts to ensure that their login and password are not accessible to third parties. The User is solely responsible for the security of their password and for all consequences that may arise from its unauthorized and/or other use. The User must immediately notify the Licensor of any case of unauthorized (not authorized by the User) registration in the Program using their login and password, and/or any breach (or suspicions of a breach) of the confidentiality of their password.

3. Subject of the License Agreement

3.1. The Licensor grants the User the right to use the Program through modifying the order of song selection in Establishments using specific data and commands of the Program through the User's Account, under a simple (non-exclusive) license.

3.2. The User shall pay a license fee to the Licensor for the use of specific data and commands of the Program by purchasing Credits, in accordance with the terms of this License Agreement.

3.3. The use of data and commands of the Program is only possible with access to the Internet. The User independently obtains and pays for such access on the terms and rates of their telecommunication operator or Internet service provider.

3.4. The provisions of this License Agreement apply to all subsequent updates/new versions of the Program.

3.5. This License Agreement, including the duration of the right to use the Program and the corresponding license fee, may be modified by the Licensor unilaterally within the permissible limits set by the applicable legislation. The User will be notified of any changes to the terms of this License Agreement through publication on the page: https://melon.kz/en/docs/license-app or within the Program interface. The changes to the terms of the License Agreement come into effect from the date of their publication unless otherwise specified in the corresponding publication. The Licensee must familiarize themselves with the current version of the License Agreement when making subsequent payments of the license fee or when using the Program again. If unilateral changes to the License Agreement are prohibited by law, such changes will come into effect for the Licensee when they express their consent in any way indicating their agreement, including making subsequent payments of the license fee or using the Program again.

3.6. The right to use the Program is granted by the Licensor upon User Registration and receipt of the license fee from the User. The Licensor is considered to have fulfilled their obligations to grant the right to use the Program at the moment of providing such right.

4. Rules for the Use of the Program

4.1. Except for the usage volumes and methods explicitly provided for in this License Agreement, the User is not permitted to modify, decompile, disassemble, decrypt, or perform any other actions with the object code of the Program that aim to obtain information about the implementation of algorithms used in the Program, create derivative works using the Program, or engage in (authorize) any other use of the Program, its components, and other data without the written consent of the Licensor.

4.2. The User is not allowed to reproduce and distribute the Program for commercial purposes (including for a fee).

4.3. The User is not entitled to modify and/or remove the name of the Program, the copyright notice, or any other indications of the Licensor.

4.4. The Licensor independently determines any rules, limits, and restrictions (technical, legal, organizational, or otherwise) on the use of the Program as a whole or in part. These rules, limits, and restrictions may vary for different categories of Users.

4.5. Personal information obtained by the Licensor when the User uses the Program is processed in accordance with the Privacy Policy of the Licensor, taking into account the provisions of this License Agreement.

4.6. The User agrees that their personal information, including the name provided during Registration, contained in the User Account, may be publicly accessible for the purpose of creating rankings, announcing winners in promotions, and similar activities, and any Site User may have access to it.

4.7. The User Information provided (including personal information) is subject to display to an unlimited number of persons exclusively for the Licensor's marketing purposes. Information placed by the User in the Program is not intended for its collection and further distribution by third parties without obtaining separate consent from the User.

4.8. The User's personal information is processed for the purpose of providing the functionality of the Program, carrying out feedback on issues related to the use of the Program, ensuring compliance with the terms of this License Agreement, as well as the lawful interests of the Licensor, and for other purposes specified in this License Agreement and the Licensor's Privacy Policy.

4.9. The User undertakes not to place personal information of other individuals in the Program, and also not to use the personal information of other Users in any way that does not comply with the requirements of the legislation of the Republic of Kazakhstan for the purpose of obtaining benefits and for any other purposes inconsistent with this License Agreement.

4.10. The Licensor may transmit the User's phone number to the partner LLC "TipTop Pay Kazakhstan" when the User initiates a card payment operation in the Program for the purpose of providing the User with the ability to pay with a saved/linked card.

4.11. The User agrees and confirms that the Licensor has the right to store the history of interaction with the User through the relevant functions of the Program for the purpose of monitoring compliance with this License Agreement, improving the quality of the Program's functional capabilities, as well as within the framework of fulfilling the requirements of legislation and the Licensor's Privacy Policy.

4.12. Any links to websites, information about products, services, promotions of establishments, and any other information about establishments posted in the Program do not constitute an endorsement or recommendation of such products (services, information) by the Licensor.

5. Rights and Obligations of the Licensor

5.1. The Licensor undertakes to provide the User with the ability to exercise the rights to use the Program in accordance with the terms of this License Agreement.

5.2. The User's ability to use individual data and commands of the Program may be terminated without refund of the license fee in cases of breach of this License Agreement by the User.

5.3. The Licensor has the right to send the User informational, including advertising, messages, including but not limited to email, push notifications and SMS messages. The User also gives consent to receive advertising messages. The User is entitled to opt out of receiving advertising messages by using the relevant commands in the Program.

5.4. The Licensor may provide discounts on the amount of the license fee for individual data and commands (without reducing the scope of access rights provided to the Program). In such cases, the final license fee taking into account the discount is communicated to the User via the Program interface prior to payment of the license fee. The Licensor unilaterally determines the amount of the discount, as well as the term and other conditions for providing the discount.

6. Rights and Obligations of the User

6.1. The User undertakes to familiarize themselves with the full text of this License Agreement and all its subsequent revisions.

6.2. The User undertakes to timely pay the Licensor the license fee in accordance with the terms of this License Agreement.

6.3. The User undertakes not to transfer the right to use the Program acquired under this License Agreement to any third party without the prior written consent of the Licensor.

7. License Fee

7.1. The fee for providing the right to use individual data and commands of the Program depends on the scope of use of the Program and is calculated based on rates for data and command fees, which are communicated to the User upon activation of data and commands in the Program interface. Payment of the license fee for individual data and commands by the User means their agreement with the fee amount specified in the interface for the Program's data and commands.

7.2. The license fee is not subject to VAT.

7.3. Payment of the license fee is made by the User in advance in Kazakhstani Tenge in non-cash form by crediting funds to the credit exchange, including by clicking the "Replenish" button, or by other methods available in the Program interface.

7.4. Upon payment of the license fee by the User, an exchange of funds for Credits takes place. The rate at which funds are exchanged for Credits is established by the Licensor and communicated to the User via the Program interface.

7.5. With a positive Credit balance, the User is entitled to activate individual data and commands of the Program a limited number of times. The required number of Credits for each specific activation of data and commands is communicated to the User via the Program interface.

7.6. The amount of the respective license fee shall not be changed with respect to the actually paid fee for the corresponding rights, provided payment is made prior to the effective date of the new terms.

7.7. The choice and use of the payment form/method for the license fee is made by the User at their own discretion from the options offered in the Program interface. Security, confidentiality, as well as other conditions for using the payment form/method selected by the User are outside the scope of the License Agreement and are regulated by agreements between the User and the relevant organizations that accept and process payments. The fee amount stated in this License does not include transfer commissions and other payments in favor of organizations that accept and process payments. Such commissions and other payments are paid for by the User independently at their own expense.

7.8. The Parties hereby agreed that if termination or rescission of this License Agreement occurred before use of individual data and commands of the Program, although such use was paid for, the amount of the User's prepayment of the license fee is not subject to return.

7.9. In cases provided for by applicable law, when paying the fee for providing the right to use the Program on the Internet via the Program interface, upon return of funds received as a result of such payment, the cash receipt is sent to the email address or mobile phone number specified by the User during Registration, or in the Program interface.

7.10. The amount of the license fee for individual data and commands of the Program is determined automatically and may depend on a number of criteria, including but not limited to: the region where the Establishment is located, other Establishment parameters, the popularity of the musical composition, etc. The amount of the license fee and/or the required number of Credits is communicated to the User via the Program interface. At the same time, payment of the license fee by the User means full and unconditional consent of the User to the amount of the license fee, just as activation of individual data and commands of the Program means full and unconditional consent of the User to the number of Credits deducted from the Balance. The amount of the license fee is considered determined and agreed between the Parties at the time of prepayment of the license fee. The number of Credits is considered determined and agreed between the Parties at the time of activation of individual data and commands of the Program.

7.11. The Licensor has the right to determine (including review) the amount of the license fee for providing the right to use individual data and commands of the Program independently at any time prior to prepayment.

8. Other Terms

8.1. The laws of the Republic of Kazakhstan shall apply to this License Agreement and all relationships related to the use of the Program, and any claims or lawsuits arising from this License Agreement or use of the Program must be filed and considered in court at the location of the Licensor.

8.2. The Program is provided on an "as is" basis. The Licensor provides no guarantees regarding the error-free and uninterrupted operation of the Program or individual components and/or data and commands thereof, compliance of the Program with the User's specific purposes and expectations, guarantees the accuracy, completeness and timeliness of information about musical compositions in the Program, and also provides no other guarantees not expressly specified in this License Agreement.

8.3. The User has the right to use the Program in the ways described in this License Agreement throughout the territory of the Republic of Kazakhstan, except for individual data and commands that allow changing the order of musical composition playback.

8.4. The User has the right to use individual data and commands of the Program at a specific Establishment (Establishment premises) selected using the Program.

8.5. This License Agreement may be terminated:
- At the initiative of either Party in an unilateral out-of-court manner in the event of breach of this License Agreement by the other Party with 1 (one) calendar day's written notice to the other Party before the termination date;
- At the initiative of the Licensor in an unilateral out-of-court manner by notifying the User by email 1 (one) calendar day before the termination date, except in cases where unilateral withdrawal from License performance at the Licensor's initiative is impermissible under the laws of the Republic of Kazakhstan;
- In other cases provided for by the applicable laws of the Republic of Kazakhstan.

8.6. Invalidity of one or more provisions of this License Agreement recognized as invalid by a court decision that has entered into force shall not render the entire License Agreement invalid for the Parties.

8.7. Data and commands of the Program on the "Melon" website and in the Program may be labeled as "Song Orders". This designation may be used exclusively for the convenience of the Parties and does not affect the interpretation of the terms of the License Agreement.

9. Liability of the Parties

9.1. The Licensor shall not be liable for any direct or indirect consequences of any use or inability to use the Program and/or damages caused to the User and/or third parties as a result of any use, non-use or inability to use the Program or individual components and/or data and commands thereof, including due to possible errors or malfunctions in the Program's operation, except in cases expressly provided for by law.

9.2. All issues and claims related to using/inability to use the Program, as well as potential violation of legislation and/or third party rights by the Program, must be sent through the feedback form at: support@melon.kz.

Publication Date: 03/31/2024