1 GENERAL 1.1 GETRENTACAR INC., company, registered in the United States of America at the address: 9E. Loockerman Street, Suite 311, Dover, County of Kent, State of Delaware, 19901, USA (hereinafter referred to as the "Licensor"), hereby offers to use the Service available at https://getrentacar.com (hereinafter referred to as the “Site”) and further described in section 3 hereof (hereinafter referred to as the “Service”) to a Vehicle Owner (as defined below, hereinafter also referred to as the “Licensee”) under the terms and conditions described herein. This Agreement (hereinafter referred to as the “Agreement”) shall come into force and become legally binding for the Parties (hereinafter referred to as the "Parties") from the moment set out in section 2 hereof. 1.2 Having completed the activities set out in section 2 hereof to gain access to the Service, the Licensee shall be deemed to have accepted the terms of this Agreement in full, without any reservations and exceptions. In case of the Licensee’s disagreement with any provision of this Agreement, the Licensee shall not use the Service. 1.3 The Licensor reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the Licensee confirms his acceptance of the revised Agreement and all of the terms incorporated therein by reference. The Licensor encourages the Licensee to review the Agreement frequently to ensure that the Licensee understands the terms and conditions that apply when he uses the Service. If the Licensee does not agree to the revised Agreement, the Licensee may not use the Service 1.4 In this Agreement, the following terms shall have the following meanings: “Acceptance” means the acceptance by a User of an Offer sent by the Licensee to the User through the Service; “GetRentaCar.com Service Database” means the database organized on the Site and mobile application GetRentaCar, which is a part of the Service; “Vehicle Rent Agreement” has the meaning given to it in section 3.2 hereof; “Request” means a User's request sent with the use of the Service to search for a Vehicle Owner for specific Transfer; “Application” means a form posted on the Site and filled by the Licensee at registration on the Site; «Licensor» has the meaning given to it in section 1.1 hereof; “Licensee” means a Vehicle Owner who has entered into this Agreement with the Licensor; “License Fee” means the consideration payable by the Licensee to the Licensor hereunder for the use of the Service; “Personal Account” means a closed section of the Service accessible only by its owner (Licensee) and containing the information about the Licensee, service user settings, history of Requests accomplished using the Service, the information on Requests, etc. The Personal Account is also used for communication between the Licensor and the Licensee; “Offer” means an offer of the Licensee to provide a vehicle compliant with the Request with the indication of certain terms, which is sent by the Licensee in response to the User's Request through the use of the Service; “Vehicle Owner” means a legal entity, an individual entrepreneur or an individual who provides a vehicle (car or motorcycle) for rent; “User” means a person interested in Service provided by the Licensee, who has send a Request with the use of the Service; “Site” has the meaning given to it in section 1.1 hereof; “Service” means the Licensor’s software which distributes information about the received Users' Requests to the Vehicle Owners and which allows the Vehicle Owners to send Offers to the Users and the Users to accept such Offers; “No Show Event” is a situation when a User and the Licensee have entered into the Vehicle Rent Agreement through the Service (in verbal or written form), but the User did not appear at an agreed place for the Transfer at the start time of the Transfer nor within 60 minutes after such agreed start time of the Transfer; “Parties” means collectively the Licensor and the Licensee; “Transfer” is a single service of vehicle provision by the Licensee that can be described by a minimum set of specific terms: the start time of the service, the places where the service starts and ends and the price for the service; “Transfer Price” is the price payable by the User for a specific Transfer indicated in the Request.
2 PROCEDURE OF THE CONCLUSION OF AGREEMENT AND GRANTING ACCESS TO THE GETRENTACAR.COM SERVICE DATABASE 2.1 The Agreement shall come into force and the Licensee shall be granted access to the GetRentaCar.com Service Database upon the completion of the following: (A) The Licensee shall register and pass the authorization process on the Site as a Vehicle Owner interested in the Service by filling the form posted on the Licensor’s Site. When filling the registration form, the Licensee shall indicate the Licensee’s Name, Contact Email Address, Main Telephone Number, Registered Address and Licensee’s Description. (B) Upon filling the registration form, ticking the box and pressing “Create owner account”, it shall be deemed that Licensee submitted an irrevocable offer to the Licensor for the conclusion of the Agreement. (C) The Licensor shall review the Application submitted by the Licensee and may accept the Licensee’s offer, in which case the Agreement shall be deemed concluded. The Licensor’s acceptance may be done by mere admission of the Licensee to the Service and GetRentaCar.com Service Database as the Vehicle Owner. (D) In order to gain access to the Personal Account, the Licensee must be authorized on the Site in the "Login to account" section, using as the login the e-mail address to which the Licensee will receive notifications of new Requests and the password used for his identification. (E) In the Personal Account the Licensee shall attach a PDF or JPEG files containing the scanned copies of the following documents (specific names and formats of the documents may vary depending on the laws of the country of residence and/or country where the Licensee carries out business). (i) Document proving the issue of a tax identification number, document proving the registration as a legal entity, vehicle certificate of title and vehicle registration certificate, policy of compulsory automobile liability insurance (if required under the laws of the country, where the Licensee intends to carry out such business) for the car, which is to be used for the Transfers (in case of legal entities); (ii) Document proving the issue of a tax identification number, document proving registration as self-employed entrepreneur, passport of the vehicle owner, selfie with the first page of passport of the vehicle owner, vehicle certificate of title and vehicle registration certificate, policy of compulsory automobile liability insurance (if required under the laws of the country, where the Licensee intends to carry out such business) issued for the car to be used for Transfers (in case of self-employed entrepreneurs); (iii) Passport of the vehicle owner, selfie with the first page of passport of the vehicle owner, Driver’s License of the individual, who will drive during the Transfer, vehicle certificate of title and vehicle registration certificate, policy of compulsory automobile liability insurance (if required under the laws of the country, where the Licensee intends to carry out such business) issued for the car to be used for Transfers (in case of individuals); (F) Information uploaded by the Licensee to his Personal Account shall be made available for Users to select a potential Vehicle Lessor. (G) The Vehicle Owner undertake to maintain the up-to-date status of the vehicle availability.
3 DESCRIPTION OF SERVICE 3.1 The Service consist of the provision of informational, technological and financial interaction among Users and the Licensee as described below. 3.2 Through the Service, the Licensee shall be given access to Users’ Requests. If the Licensee agrees to provide the vehicle under the terms that are set out in a specific Request, the Licensee sends to the relevant User an Offer through the Service. If the User agrees to the Offer received, he sends an Acceptance to the Licensee with the use of the Service. Once the Licensee receives the User’s Acceptance (including by the verbal agreement or implicative actions), the Vehicle Rent Agreement (hereinafter referred to as the “Vehicle Rent Agreement”) shall be deemed concluded between the User and the Licensee. 3.3 The Transfer Price referred to a particular Transfer, which is offered by the Licensee to the User and accepted by the User through the use of the Service, shall be deemed as not inclusive of any and all costs referred to the Transfer, including the parking fees, toll roads fees etc. 3.4 The User transfers the full or partial prepayment of the Transfer Price to the Licensor, and the Licensor shall, before the 15th day of the month following the reporting month, transfer the Transfer Price to the extent it has been paid to the Licensor to the Licensee reduced by the amount of the License Fee. 3.5 The Licensee shall file any claims related to the vehicle rent directly to User and resolve disputes with any User independently without involving the Licensor. 3.6 The Licensee agrees to receive advertising messages from the Licensor. The Licensee has the right to refuse receiving advertising messages via the Site. 3.7 The Licensee acknowledges and agrees that: (A) The Licensee’s ability to offer transportation Service through the use of the Service does not establish the Licensor as a purchaser of the transportation Service or as an agent for the purchaser. When the Licensee agrees with a User upon a specific Transfer and its terms including the Transfer Price, he shall be deemed to have entered into a Vehicle Rent Agreement with the User but not with the Licensor. (B) Due to the nature of the Service provided under this Agreement, the liability of the Licensor is limited to an obligation to accurately transmit the information between the User and the Licensee through the Service as well as to transfer prepayment or full payment for a specific Transfer received from the User to the Licensee. The Licensor shall not be liable for the credibility of the information passed as well as for the due and in good faith performance of the User’s obligations within any Agreements between the Licensee and the User. The Licensor bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Service. (C) The Service, the software used for the provision of the Service and other content of the Site through which the Service are available (including but not limited to GetRentaCar.com logo and other logos and registered trademarks) are protected by the Licensor’s or third parties’ intellectual property rights. The Licensee is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non- transferable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the Licensee’s commercial use. Any rights not expressly granted herein are reserved by the Licensor. (D) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Licensor’s control. (E) The Licensee enters into this Agreement at its sole risk and that the Service and any information provided to the Licensee are provided “as is” and “as available”. (F) The relations between the Licensee and the Licensor during the use of Service fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Licensor and the Licensee have entered into or have agreed to enter into any other Agreement or have any rights and obligations before each other within any other Agreement.
4 SUBJECT-MATTER OF THE AGREEMENT Under this Agreement, the Licensor grants to the Licensee a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to use the Service, and the Licensee is obliged to pay to the Licensor the License Fee in accordance with the terms of this Agreement.
5 LICENSE FEE AND PAYMENT PROCEDURES 5.1 For the right to use the Service, the Licensee undertakes to pay the License Fee amounting to 10% of total Transfer Price charged by the Licensee to the Users with whom he entered into Vehicle Rent Agreements. 5.2 The License Fee shall be subtracted by the Licensor from the amount of the Transfer Price transferred by the User to the Licensor under the agreement between the User and the Licensor. 5.3 Unless this Agreement provides otherwise: (A) all payments made by the Licensee under this Agreement shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; if the Licensee makes a deduction or withholding required by law from any payment, the sum due shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Company receives a sum equal to the sum it would have received had no deduction or withholding been made; (B) all payments made by the Licensor shall be deemed to be inclusive of all taxes that may be payable by the Licensee in connection with the payment, and the payment of such taxes are the Licensee’s sole responsibility. Under no circumstances shall the Licensor have an obligation to deduct or withhold any tax when making any payment to the Licensee.
6 NO SHOW EVENT 6.1 In case of a No Show Event, the Licensee shall immediately notify the Licensor and take steps to record the fact of a No Show Event through documents, audio or video files or other means of confirming the fact of this occurrence. 6.2 The ways in which the No Show Event can be recorded include (but not limited to): (A) photographs; (B) video; (C) message logs (including telephone or computer screenshots); (D) parking receipts and other documents evidencing the Licensee’s presence during a certain period of time. 6.3 In case of a No Show Event the Licensor wires the 50% of the received amount upon all settlements with the User to the Licensee. 6.4 The above rules for the distribution of the Transfer Price set in section 6.3 hereof also apply to the event of the User’s cancellation of a Transfer later than 24 hours before the Transfer start time.
7 LICENSEE’S REPRESENTATIONS AND WARRANTIES 7.1 The Licensee represents and warrants at all times that the Licensee continues to use the Service that: (A) the Licensee has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and in particular that: (i) the Licensee has full power, authority and capacity to comply with this Agreement and its obligations hereunder; (ii) the Licensee enters into this Agreement voluntarily and based on its own independent judgment and on advice from independent advisors as the Licensee has considered necessary; and (iii) the Licensee enters into this Agreement as a corporation, it is a duly incorporated, validly existing corporation in good standing under the laws of the place in which it is incorporated; (B) the Licensee’s compliance with this Agreement is lawful and its obligations under this Agreement are legally binding and valid, and in particular that: (i) its entry into, the exercise of its rights and the performance of its obligations under, and conduct of all transactions contemplated by, this Agreement, will not contravene any restriction legally binding on the Licensee; (ii) it is not a resident or tax resident of, is not domiciled in, and does not otherwise have any relevant connection with any jurisdiction in which entry into or performing the Licensee’s obligations under this Agreement is unlawful or restricted in any material way or requires licensing, registration or approval of any kind; (iii) it is not a resident or tax resident of, is not domiciled in, and does not otherwise have any relevant connection with, any of the restricted regions as set out in section 13 hereof; (iv) it has obtained any corporate authorisations which may be required for it to fully comply with this Agreement and these remain in full force and effect; (v) it has obtained any and all consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority or semi-governmental entity required for it to fully comply with this Agreement; and (vi) it is not bankrupt or insolvent (as applicable) and entry into and performing its obligations under this Agreement will not result in it becoming bankrupt or insolvent (as applicable); (C) the Licensee has carefully and thoroughly read and understood this Agreement; (D) the Licensee is and has always been compliant with this Agreement; (E) in entering into this Agreement the Licensee has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement; (F) all information provided by the Licensee (including in the process of registration and authorisation for the conclusion of the Agreement and obtaining access to the Service) is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Licensor enters into this Agreement with him in reliance on the representations and warranties set out in this section.
8 LICENSEE’S ONGOING OBLIGATIONS 8.1 The Licensee shall: (A) regularly (at least daily) monitor and review any announcements connected with the Service and amendments to this Agreement available on the Site; (B) use the Service only for the purposes and in the manner expressly permitted by this Agreement; (C) notify the Licensor immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect; (D) not engage in any activity that interferes with or disrupts the Service in any way; (E) keep, and be fully responsible for keeping, the information required to access its Personal Account (including the password) confidential, secure, intact and under control at all times; (F) not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Licensor; (G) not decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (H) not link to, mirror or frame any portion of the Service; (I) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (J) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; (K) not use or reference in any manner the Licensor's names, logos, product and service names, trademarks or Service marks unless permitted by the Licensor; (L) not otherwise infringe the Licensor’s intellectual property rights concerning the Service, the software and any other content of the Site through which the Licensee accesses the Service; (M) observe all applicable laws and regulations in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Licensor in any jurisdiction in which it directly or indirectly uses the Service; (N) in case the information or documents provided by the Licensee to the Licensor become incorrect, incomplete or obsolete, the Licensee shall immediately notify the Licensor thereof by updating the information or documents contained on his Personal Account or otherwise; (O) provide promptly such evidence of its compliance with this Agreement as the Licensor may at any time reasonably require; (P) in case of any claims to the Licensor concerning the Service, send them within 5 (five) business days from the moment of their discovery; (Q) provide the Licensor with comments and explanations related to the discharge of his obligations set out in this Agreement within 5 (five) business days after the receipt of the Licensor’s relevant request; (R) wait for the User not less than for 60 minutes from the start time of the Transfer; (S) fulfill the terms of Request in any circumstances except for the confirmed event of force majeure; (T) immediately notify the Licensor about a No Show Event by any means guaranteeing the Licensor’s receipt of such notification; keep and provide to the Licensor upon demand documentary or audio-visual proofs of the No Show Event; (U) not engage into any relations with a User secretly from the Licensor with the aim of avoiding the payment of License Fee.
9 EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE LICENSOR 9.1 The Licensee hereby accepts that, to the fullest extent permitted by law: (A) no warranty is given in respect of the Service or any information provided to the Licensee; and (B) the Licensor expressly disclaims all warranties and conditions of any kind, whether express or implied, including: (i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement; (ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the Licensee at any time or from time to time; (iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
10 LIMITATIONS OF THE LICENSOR’S LIABILITY 10.1 To the fullest extent permitted by law, the Licensor expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by the Licensee or anyone else, and including any loss arising from or in connection with: (A) any inaccuracy, incompleteness or delay in any information provided to the Licensee; (B) any malfunction, instability, or another breakdown of any software used by the Licensor for the provision of the Service; (C) any disclosure, loss, theft, destruction or inaccessibility of the Licensee’s Personal Account, password or other data (including the Licensee’s or any other person’s failure to keep these secure, safe and confidential); (D) termination of this Agreement at any time and for any reason; (E) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements; (F) any war, riots, acts of God, restraints imposed by any governmental or semi- governmental or regulatory authority, industrial or trade disputes, fires,explosions, storms, typhoons, floods, lightning, earthquakes and natural calamities. 10.2 The Licensor shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Licensor, even if the Licensor has been advised of the possibility of such damages. 10.3 The Licensor shall not be liable for any damages, liability or losses arising out of: (i) the Licensee’s use of or reliance on the Service or the Licensee’s inability to access or use the Service; or (ii) any transaction or relationship between the Licensee and any User, even if the Licensor has been advised of the possibility of such damages. The Licensor shall not be liable for delay or failure in performance resulting from causes beyond the Licensor’s reasonable control. 10.4 The Licensor’s aggregate liability to the Licensee for any claims for damages (whether under Agreement, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will not exceed the 10% of the Transfer Price payable in connection with the relevant Transfer.
11 INDEMNITIES 11.1 The Licensee indemnifies the Licensor against, and agrees to reimburse and compensate the Licensor for, any liability or loss arising from (and any costs incurred in connection therewith): (A) any breach of this Agreement; (B) the Licensor exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the Licensee in connection with this Agreement; (C) infringement of any Licensor’s or third parties’ intellectual property rights or other laws in connection with the Licensee’s use of the Service and the Site and its contents;
12 LICENSEE’S LIABILITY 12.1 The Licensee shall pay a penalty to the Licensor for every case of breach of sections 8.1(S), 8.1(E), 8.1(M), 8.1(T), 8.1(U), 8.1(V) of this Agreement. 12.2 The penalty under this Agreement shall be: (A) for a breach of section 8.1(S) of this Agreement, the amount of the Transfer Price; (B) for a breach of any other sections specified in section 12.1 hereof, 100 EURO or its equivalent in the currency used in the place of the Licensee’s residency or place of operations. 12.3 Any compensation of damages shall not relieve the Licensee of the obligation to pay a penalty provided herein. 12.4 Any payment of a penalty shall not prevent the Licensor to exercise its right to unilateral terminating this Agreement.
13 RESTRICTED REGIONS 13.1 The Licensee hereby agrees that he will not use the Service to perform Transfers or other business activities in the following regions: (A) Islamic Republic of Iran; (B) Syrian Arab Republic; (C) Democratic People's Republic of Korea; (D) Region of Crimea.
14 FORCE MAJEURE 14.1 The Parties shall be relieved from liability for partial or complete failure to fulfill obligations under this Agreement due to force majeure circumstances (fire, flood, earthquake, other natural disasters and military activities). 14.2 The Party which faces inability to fulfill its obligations under this Agreement shall immediately, but not later than within one day, notify the other Party on the commencement and cessation of circumstances preventing the Party from fulfillment of its obligations. 14.3 The existence of force majeure circumstances shall be confirmed by a reference (references) prepared by the authorized bodies or organizations. 14.4 The absence of notification or untimely notification of the force majeure circumstances shall deprive the Party of the right to refer to them.
15 ASSIGNMENT AND NOVATION 15.1 The Licensor may assign, transfer, novate or otherwise deal in any manner, all or any part of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the Licensee’s consent and in any way the Licensor considers appropriate. 15.2 The Licensee agrees that it may not claim against any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the Licensee has against the Licensor.
16 TERM AND TERMINATION 16.1 This Agreement will commence at the moment specified in section 2.1 and shall continue until terminated in accordance with this section 16. 16.2 Notwithstanding any other provision of this Agreement, the Licensor may at any time and for any reason immediately terminate this Agreement as between the Licensee and it without prior notice or need to specify reasons, including if: (A) the Licensee has breached any provision of this Agreement or acted in a manner which clearly shows that the Licensee does not intend to or is unable to comply with any provision in this Agreement; (B) the Licensor reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or (C) the Licensor determines that performing its obligations under this Agreement is no longer commercially viable. 16.3 The Licensor will inform the Licensee of such termination by notice in accordance with section 21. 16.4 The blocking of the Licensee's Personal Account by the Licensor shall be deemed a proper notice of unilateral termination of this Agreement by the Licensor. 16.5 The Licensee may terminate this Agreement unilaterally at any moment by deletion of its Personal Account. 16.6 The termination of this Agreement shall not relieve either of the Parties form their financial obligations accrued by the time of termination.
17 WAIVER OF SET-OFF 17.1 The Licensee acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the Licensee might otherwise have under this Agreement under the laws of any jurisdiction.
18 GOVERNING LAW This Agreement is governed by and must be construed in accordance with the law of the State of Delaware, USA.
19 RESOLUTION OF DISPUTES 19.1. Any dispute and controversy, which may arise during the fulfillment hereof, shall be settled, as far as possible, by negotiations between the Parties. 19.2. If there is a dispute between the Parties resulting from, arising out of, or in connection with this Agreement or related to its subject matter, the dispute shall be resolved through judicial procedure in accordance with applicable laws of the State of Delaware, USA.
20 THIRD PARTY RIGHTS Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.
21 NOTICES 21.1 The Licensee agrees that the Licensor may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the Licensee registers to its Personal Account, and that such notice is deemed to be effective and received by the Licensee at the time when it is published on the Site, or, if earlier, sent, by the Licensor unless the Licensor promptly receives an automated message indicating failed delivery of that notice. 21.2 Notices to the Licensor may be directed to the email address email@example.com specified on the Site.
22 NO WAIVER 22.1 No failure or delay on the part of the Licensor to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Licensor of any right, power or remedy.
23 REMEDIES CUMULATIVE The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
24 NO RELATIONSHIP This Agreement do not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the Licensee and the Licensor or any other person or entity.
25 SEVERABILITY If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section 25 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
26 LANGUAGES This Agreement is made in the English and Russian languages both legally binding. In case of any inconsistency between the two versions, the English language version shall prevail.