End-user license agreement
Before using the "games of Licensor" software game, please read the terms of the following end-user license agreement. By the fact of using the software in any manner you completely and unconditionally accept the terms of this agreement. If you do not accept the terms of the agreement in its entirety or in any part thereof, you may not use the software and must stop installing or copying it and must remove it from your devices onto which it has been installed.
1. Subject of the Agreement
1.1. Under this end-user license agreement (hereinafter referred to as the "Agreement"), DP SPACE, hereinafter referred to as the "Licensor", which has exclusive rights to the "games of Licensor" software game for mobile devices (hereinafter referred to as the "Software") grants to any individual, hereinafter referred to as the User, the non-exclusive right to use the Software, including the right of access to additional functionality of the Software, on the terms and in the manner provided for in this Agreement. Licensor and User are hereinafter collectively referred to as "Parties". By the fact of using the Software and registering with it, the User confirms that by using the Software he or she does not violate any applicable law. 1.2. The Licensor guarantees to be the owner of exclusive rights to all parts of the Software. The Licensor also guarantees that the Software does not contain any components in violation of the rights of third parties. 1.3. Additional functionality of the Software is provided to the User upon a separate request from the User and subject to the User making a payment for additional functionality in the amount determined by the Licensor and made known to the User through the Software's interface. The payment for additional functionality can be made by depositing by the User the respective amount in the currency of the Russian Federation and converting it into in-game currency. In- game currency can be used only for making in-game purchases, is not otherwise a legitimate money, and cannot be exchanged for the currency of the Russian Federation or other states. The in-game currency can be used for in-game purchases at the discretion of the User. The Licensor cannot be held liable for the non-use or incomplete use of in-game currency by the User. 1.4. The purchase of the rights to use additional functionality of the Software and the payment for it are not required for the User's participation in the Software's game nor for the User's obtaining the rights to use the Software in general. The additional functionality of the Software is a component of the Software and not a separate program. The User has the right to use the additional functionality of the Software only in conjunction with the use of the Software and subject to the copyright policy established by this Agreement. 1.5. The Software is an application program module intended for installation on mobile devices running IOS 9.2 and later versions. The subject of this Agreement is solely the definition of the rights to use the Software as a particularly configured body of programmatic code necessary and sufficient for the operation of the Software game, along with texts and graphics that constitute an integral part of the Software. 1.6. The User expresses his or her complete and unconditional acceptance of all the terms of this Agreement before the using the Software for the first time by putting a check mark in a specially designated field. The Software can be installed onto unlimited number of User's devices, provided this is allowed by the rules of iTunes. 1.7. The User agrees to abide by and accepts all of the provisions of this Agreement, without additional conditions or clauses. The User is considered to have accepted the terms of this Agreement from the moment of performing the actions stipulated in the Item 1.6. of the Agreement. Without putting the check mark, further use of the Software is impossible. By accepting the terms of the Agreement, the User confirms that he or she is familiar with all the provisions of the Agreement. 1.8. Use of the Software is allowed only according to the terms of this Agreement. Use of the Software in violation or non-fulfillment of any of the terms of the Agreement is prohibited. 1.9. The source code of the Software is not to be made available to Users and is subject to the terms of this Agreement. 1.10. By acquiring the right to use the Software under this Agreement, the User is also entitled to receive technical support from the Licensor for the duration of the Agreement.
2. Installing the Software. Payment for using the Software
2.1. The Software is provided to Users free of charge. 2.2. The User can download a copy of the Software to free disk space on their device via the iTunes service. Next, the User runs the installation file and installs the Software on their device, following the instructions.
3. The right to use the Software
3.1. The Licensor grants the User, under the terms of this Agreement, a non- exclusive right to use the Software. The provisions of this Agreement cannot be construed as limiting the exclusive rights of the Licensor to use the Software in any form and in any legal manner, including granting the right to use the Software to an unlimited number of persons. 3.2. All copyrights not granted under the terms of the Agreement are reserved to the Licensor. The Software is protected by the legislation of the Russian Federation and international copyright law. The Licensor reserves the right to protect the Software as their intellectual property in cases provided for by the Russian Federation law. 3.3. This Agreement does not grant Users the right to use the Software toward creating a new product of intellectual work.
4. Limits of using of the Software
4.1. The Licensor grants to the User, under the terms of a simple (non- exclusive) license, the non-transferable right to use the Software on the territory of all world countries and as long as the Licensor's exclusive right to the Software is valid. The User's right to use the Software includes the following intended purposes: participation in the game process, copying the Software by installing it onto the User's mobile device, and the use of additional game functionality. 4.2. The User has the right to use the Software for the intended purposes and only within the limits of personal non-commercial use. The use of the Software for any commercial purposes is not allowed. To ensure the uninterrupted operation of the Software, the User undertakes to ensure that their devices and other software installed on them comply with the requirements necessary for the operation of the Software. The User, at their own discretion, may grant any physical persons access to the devices on which instances of the Software are installed, provided that the User ensures that these persons do not violate the terms of this Agreement. 4.3. The User has no right to transfer to third parties the non-exclusive right to use the Software granted to the User by virtue and under the terms of this Agreement. 4.4. The User has the right to perform the actions necessary for the functioning of the Software, including recording and storing in the device's memory installation files and operative folders of the Software; has the right to make copies of the Software, provided that these copies are intended only for archival purposes or for the replacement of the legally acquired copy of the Software, should such copy be lost, destroyed, or rendered useless. 4.5. The User is prohibited from: distributing the Software or its copies for any purpose; translating the Software into other languages; distributing the audiovisual content extracted from the Software for commercial purposes; distributing the in-game valuables purchased or otherwise acquired by the User in the process of playing the Software game for any purposes outside the game process; transferring their rights to additional functionality to third parties; concluding a sub-licensing agreement for granting the right to use the Software and / or additional functionality to third parties or transferring these rights in another manner; using the Software in other ways that are not covered by the terms of this Agreement and that go beyond the limits of the conventional game process.
5. Rights and obligations of the Parties
5.1. The Licensor undertakes to:
5.1.1. In accordance with the terms of this Agreement, provide Users with the opportunity to play the Software game and use its additional functionality.
5.1.2. Ensure the uninterrupted and correct operation of the Software.
5.1.3. Perform other obligations as provided by this Agreement and current legislation.
5.3. The User undertakes to: 5.3.1. Comply with the terms of this Agreement and the rules of the Software game. 5.3.2. In due time, pay for the additional functionality of the Software selected and ordered by the User. 5.3.3. Not infringe on the intellectual property rights of the Licensor as related to the Software or its parts. It is forbidden to copy, broadcast, mass-mail, publish, or otherwise distribute and reproduce any materials that are part of the Software without obtaining prior written consent of the Licensor; 5.3.4. Independently and at their own expense take appropriate technical and other measures to ensure their compliance with the terms of this Agreement; 5.3.5. Follow the instructions provided by the Licensor regarding the installation of the Software, its launch, and further use. 5.3.6. Perform other obligations as provided by this Agreement and the rules of the Software game.
6. Updates and new versions of the Software game
6.1. The User agrees to receive information from the Licensor regarding updates and new versions of the Software. 6.2. The User may download electronic files containing updates and new versions of the Software. The User installing the Software update is not required to purchase a separate license and may install the update onto the User's device without removing the previously installed instance of the Software. The installation of updates does not change the basic parameters (number of devices, functionality set) of the Software previously installed by the User, unless otherwise specified in the update description.
7. Additional Software Functionality
7.1. The right to use the additional functionality of the Software is granted to Users under the terms of a simple non-exclusive license for a monetary payment, to the extent determined by this Agreement, depending on the amount of payment. 7.2. The payment for additional functionality can be made by Users in the currency of their country, subject to the Licensor's ability to accept payments in that particular currency. When the payment for additional functionality is made, the currency is converted into in-game currency, the amount of which is then used to determine the extent of the additional functionality being purchased. The conversion rate is published under the special tab in the Software game interface. The price of the additional functionality purchased is not subject to revision once the purchase is made. 7.3. The User may use the in-game currency at their own discretion. The User has the right to purchase any in-game valuables that are part of the additional functionality of the Software, at the prices set by the Licensor. 7.4. The User acquires the right to use additional functionality of the Software at the moment the respective amount of the in-game currency is credited to the User's in-game account balance. The extent of additional functionality purchased by the User is valid for the entire duration of this Agreement until it is completely used up. 7.5. The methods and terms of making payment for additional game functionality are available in the game interface of the Software. The funds for purchasing the in-game currency can be sent by the User to the account designated by the Licensor, via supported payment systems. When making payment, the User agrees to follow the payment instructions. The Licensor cannot be held responsible for any errors made by the User in the process of making payment nor for the operation of the payment systems through which the funds are transferred. Any inquiries concerning the transfer of funds as payment for additional functionality of the Software Users should address to the support services of the respective payment systems. 7.6. The right to use additional functionality is provided to Users only on condition of making full payment. The Licensor has the right to withhold access to additional features of the Software until the payment is received in full. 7.7. The User's access to additional functionality is terminated when the purchased extent of the additional functionality has been used up by the User; or, at the Licensor's discretion in case of violation by the User of the terms of this Agreement; or in the event of insufficient funds on the User's personal account. The User undertakes to monitor the status of their personal account. 7.8. When purchasing the additional functionality of the Software, all commission fees and other money transfer expenses involved are borne by the User.
8. Limitations and liability
8.1. The User has no right to modify, decompile, disassemble, decrypt, or perform other actions with the programmatic code of the Software with the intent to obtain information about the implementation of algorithms used in the Software, harming the lawful interests of third parties, society, and the state, including with the intent of facilitating the violation of the terms of this Agreement, except for the use to the degree and in the manner explicitly provided for by this Agreement or the legislation of the Russian Federation. The User is prohibited from creating derivative products based on the Software as well as from using or allowing to use the Software or any of its components in the manner not provided for under the terms of this Agreement, without the prior written consent of the Licensor. It is forbidden to extract, copy, reproduce, remake, or distribute the Software or its components, publish the Software or its components online for free public access, or use the Software or its components in the manner not provided for under the terms of this Agreement, without the prior written consent of the Licensor . 8.2. The Software game may only be be used. The User has no right to alter and / or remove the title of the Software, the copyright protection mark, or any other designations of the copyright holder (Licensor). 8.3. The Software is provided "as is". The Licensor does not furnish any guarantees regarding error-free or uninterrupted operation of the Software or its individual components and / or functionality, or the Software meeting the User's personal expectations or objectives, or any other guarantees not expressly stated in this Agreement. Although the Software may contain errors, the Licensor agrees to make reasonable effort to ensure normal and uninterrupted operation of the Software. The Licensor does not guarantee operation of the Software in the event the User violates the terms of this Agreement, or if the User's equipment and devices do not comply with the Software requirements, or in the event of the User's inability to access the Software due to third parties (Internet or mobile service providers, etc.). 8.4. The User agrees to fully bear all risks and responsibility for the content, compliance with the law, completeness, and correctness of the content downloaded by them. The User on their own configures the provided settings of the Software and is solely responsible for any consequences that may occur due to their using the Software. The Licensor cannot be held liable for errors and malfunctions in the operation of the Software caused by the data input by the User, the settings specified by the User, or any violation of the terms of this Agreement by the User. 8.5. The Licensor cannot be held liable for the User's losing or using up the extent of additional functionality of the Software due to the peculiarities of the game process and/or as part of the game play. 8.6. The Licensor does not provide services of exchanging in-game currency available on the User's personal account to in-game valuables. 8.7. The Licensor does not reimburse the User for the expenses incurred by the latter as a result of purchasing additional functionality of the Software, including in the event of suspension or termination of the User's access to the Software, or the suspension or termination of this Agreement for any reason.
9. Miscellaneous provisions
9.1. Any disputes arising out of or in relation to this Agreement will be resolved by the Parties through negotiations. In the event of failure to resolve the dispute by negotiations, the dispute shall be submitted to the competent judicial authorities for review in accordance with the law of the Russian Federation. 9.2. Any information received by the Parties in the process of complying to the terms of this Agreement is confidential and is not subject to disclosure by the Parties without obtaining prior written permission from the other Party, except when such information is requested by state authorities in accordance with the law of the Russian Federation. The Licensor receives and processes the data received from the User for the sole purpose of fulfilling their obligations under this Agreement. The User's submission of their personal data constitutes their unconditional consent to the Licensor processing their personal data, using it for communicating with User, and performing other actions related to fulfilling the Licensor's obligations under the terms of this Agreement. The Parties' rights and obligations related to the processing of the User's personal data are regulated by the Federal Law No. 152-FZ of July 27, 2006 "On Personal Data". 9.3. This Agreement is regulated by the law of the Russian Federation. The relations of the Parties not directly regulated by this Agreement are subject to the respective legislation of the Russian Federation. 9.4. The Licensor may at any time, without notifying the User, and without explaining the reasons for this action, terminate this Agreement in unilateral, non- judicial procedure, with immediate termination of the User's access to the Software and their ability to use the Software, without reimbursement or refund of any expenses or losses. 9.5. This Agreement may be modified by the Licensor without any prior notice to the Users. Any changes to the Agreement that are made by the Licensor unilaterally shall come into effect on the day following the day of publication of such changes. The User undertakes to check for changes in the Agreement on their own. The User's failure to learn about the changes or amends to this Agreement published by the Licensor cannot serve as grounds for the User's failure to fulfill their obligations under, or comply with, the terms of the Agreement. 9.6. Any inquiries concerning the use of the Software or the terms of this Agreement, please contact the Licensor according to the information below: OF. 29, CLIFTON HOUSE, FITZWILLIAM STR., LOWER, DUBLIN 2.
Contact Email: firstname.lastname@example.org
© 2020 DP SPACE