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BETWEEN
CUBICAL DRIFT, a simplified joint-stock Company which published the game Stellar Overload (hereinafter referred to as "CUBICAL DRIFT"),
AND
YOU who are beneficiary of an End User License Agreement (hereinafter referred as the “License”) of the Game published by CUBICAL DRIFT (hereinafter referred as the “Game”) and are about to proceed to its download and its use in accordance with the instructions provided in the Documentation, and on the web site http://www.stellar-overload.com/ (hereinafter referred as the “Client”).
Hereinafter individually referred to as “Party”, or together as the “Parties”.
BEFORE ANY DOWNLOAD AND USE OF THE GAME, HAVING TAKEN NOTE OF THE ENTIRE CONTENT OF THE LICENSE, THE CLIENT DECLARES AND ACCEPTS ALL THE PROVISIONS OF THIS LICENSE AND ACKNOWLEDGES THAT IT IS ENFORCEABLE. MOREOVER, BY ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE, THE CLIENT DECLARES AND ACCEPTS ALL THE PROVISIONS OF THE GENERAL TERMS AND CONDITIONS OF SALE (AVAILABLE HERE: http://www.stellar-overload.com/general-terms-and-condition-of-sales.html) AND OF THE GENERAL TERMS AND CONDITIONS OF USE WHICH ARE AVAILABLE HERE : http://www.stellar-overload.com/general-terms-of-use.html, AND WHICH FORM A WHOLE WITH THIS LICENSE.
ARTICLE 1 - DEFINITIONS
1.1. Client
Means any natural person or legal entity who uses the Game provided by CUBICAL DRIFT.
1.2. Client’s Account
Means the personal account of the Client which allows the Client to order and to pay his/her Order.
1.3. Client’s Data
Mean all files and information of all kinds, protected or not by an intellectual property right, belonging to the Client, given in relation to the download and the use of the Game.
1.4. Client’s Environment
Means the whole material and software configuration of the Client (exploitation system, databases, databases management system, etc.)
1.5. Data
Mean all Client’s information and data generated by using the Game.
1.6. Documentation
Means collectively all the instructions of use, user’s manuals, help files and all documents and technical information, on an electronic or print format, provided by CUBICAL DRIFT and which are designed to be used in conjunction with the Game.
1.7. Game
Means the Stellar Overload game published and provided by CUBICAL DRIFT, including the management of its content by using the http://www.stellar-overload.com platform, and which is downloaded and installed by the Client on one or more compatible computers owned or controlled by the Client.
1.8. Login
Means the specific email address chosen by each Client and by which she or he shall identify herself or himself in order to activate the Game and the associated password chosen by the Client.
1.9. Order
Means any demand of download of the Game passed by the Client to CUBICAL DRIFT.
1.10. Prerequisites
Mean all the functionalities and computer programs defined by CUBICAL DRIFT as necessary for the use of the Game, as appearing on the Website at URL http://www.stellar-overload.com.
1.11. Website
Means the website located at URL http://www.stellar-overload.com
ARTICLE 2 - PURPOSE
The purpose of this License is to define the terms and conditions by which CUBICAL DRIFT provides the Client with the Game, meeting her or his specific requirements, and the conditions under which the Client accesses and uses the Game.
ARTICLE 3 - RIGHTS TO USE GRANTED
3.1. Scope of the Rights granted by CUBICAL DRIFT
CUBICAL DRIFT grants to the Client, who accepts, a non-exclusive, non-transferable, non-assignable right to use the Game in the last existing version when ordering and strictly within the limits of the Purpose of this License.
The Client expressly acknowledges that all rights related to the brands, know-how, technical concepts and all the rights associated to the Game remain CUBICAL DRIFT's exclusive property.
3.2. Field of Exploitation
This License is expressly limited by the Parties to the necessary acts for the installation of the Game in the Client’s Environment. The Client shall use the Game on one or more computers, this License is strictly limited to a single Client’s Account.
3.3. Restrictions of Use
Client shall expressly refrain from:
3.4. Duration
This License is subscribed for an unlimited period from the Delivery Date stated in Article 4.4 of the General Terms and Conditions of Sale available here: https://www.stellar-overload.com/general-terms-and-condition-of-sales.html.
3.5. Territory
This License is expressly limited by the Parties to all territories of the world, with the exception of the current rules in force in the Client’s country of residence when she or he downloads and uses the Game.
ARTICLE 4 - CLIENT’S OBLIGATIONS
Before acceptation of this License, the Client acknowledges that she or he is aware of the technical characteristics of the Game and the specific features linked to the use of the Game, particularly with regard to the Prerequisites.
The Client undertakes to use the information related to the Game only for her or his personal needs and only in compliance with the purpose of this License.
Any processing, transmission, dissemination or representation of information or data by the Client through the Game are carried under her or his own liability, and in strict compliance with the laws and regulations.
Likewise, the Client undertakes to not divert the Game functions as described on the Website and to not transmit through it any spams, particularly any chain letters or any advertising messages, nor any content that contains computer viruses or other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications equipment (this list may include other elements without limitation).
The Client undertakes to not develop or market the hereof Game.
Furthermore, the Client undertakes to report CUBICAL DRIFT without delay of any anomaly related to the use of the Game.
The Client also undertakes to not hinder or disrupt CUBICAL DRIFT’s services or servers and to comply with all necessary conditions, particularly with regard to the Prerequisites, procedures and general rules communicated by CUBICAL DRIFT, including the General Terms and Conditions of Sale (available here: https://www.stellar-overload.com/general-terms-and-condition-of-sales.html) and the General Terms and Conditions of Use (available here: http://www.stellar-overload.com/general-terms-of-use.html), in order to insure the proper implementation of the Game. The Client acknowledges that she or he is totally and exclusively responsible for her or him Login. She or he shall bear the consequences that may result from any use of them by third parties into whose hands they may fall.
ARTICLE 5 - INTELLECTUAL PROPERTY
CUBICAL DRIFT retains the full ownership of intellectual property rights of all informatics programs and software solutions constituting the Game granted by this License.
CUBICAL DRIFT retains thereof all the intellectual property rights relating to the software granted by this License and particularly the representation, publication, translation, correction, adaptation, arrangement, modification rights and the right to place on the market either free of charge or against payment.
ARTICLE 6 - USE OF THE DATA
The Client may be required, via an opt-in, to accept or reject that CUBICAL DRIFT may collect and use technical data and associated information, including but not limited to, technical information relating to devices, systems application software and peripheral devices gathered in order to facilitate the implementation of software updates linked to the Game. In case of express consent of the Client, CUBICAL DRIFT may use these information in order to improve its products, services or technologies, because they do not specifically identify the Client.
The Client who has expressly agreed to the collect and use of the technical data fore-mentioned, also agrees that CUBICAL DRIFT may store these provided Data and transmit them internally within CUBICAL DRIFT or its subsidiaries. These processing, storing or transmitting activities shall be carried out for the sole purpose of allowing CUBICAL DRIFT to fulfil its obligations under this License, in any country in which CUBICAL DRIFT or its subsidiaries operate their activities, including countries outside the European Union.
Pursuant to the Act of January 6th 1978, Data collection and processing that might be carried out by downloading and using the Game have been declared to the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission, CNIL: http://www.cnil.fr) under the number 1758138 v 0. Every person can access these information by writing to the CNIL, at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to http://decweb@cnil.fr.
ARTICLE 7 - TRANSFER OF RIGHTS
The Client shall not assign, convey or delegate any of the right or obligation she or he held under this License without prior written consent from CUBICAL DRIFT. Any transfer carried out in contravention of the foregoing shall be null and void and may constitute an act of counterfeiting at the expense of CUBICAL DRIFT.
ARTICLE 8 - CONFIDENTIALITY
All information, Data, documents of any kind disclosed by a Party to the other for the purpose of this License, orally, in writing or by electronic means, including without limitation any concept, memorandum, analysis, methodology, software, software package, know-how, protected or not by an intellectual or industrial property right, with or without “confidential information” marking, shall be treated as confidential information.
These stipulations shall remain in force for all the duration of this License.
ARTICLE 9 - APPLICABLE LAW AND JURISDICTION
This License are exclusively subjected to French law. It is drafted in French. In case of several translations of this License, only the French version is legally valid.
In case of any dispute arising in connection with the construction or the performance of this License, the Parties undertake to seek an amicable solution.
In the absence of such solution within thirty (30) days after the dispute has arisen, it shall be submitted to the competent Court in the location where CUBICAL DRIFT has its registered office.
The present clause applies, except otherwise provided by law, without prejudice to CUBICAL DRIFT rights to prosecute anyone who violates its rights before any Court that would have jurisdiction in the absence of the above-mentioned clause, even proceedings involving the introduction of third parties and proceedings involving several defendants, even for emergency or enforcement proceedings, in summary procedure or by request.
CUBICAL DRIFT, a simplified joint-stock Company which published the game Stellar Overload (hereinafter referred to as "CUBICAL DRIFT"),
AND
YOU who are beneficiary of an End User License Agreement (hereinafter referred as the “License”) of the Game published by CUBICAL DRIFT (hereinafter referred as the “Game”) and are about to proceed to its download and its use in accordance with the instructions provided in the Documentation, and on the web site http://www.stellar-overload.com/ (hereinafter referred as the “Client”).
Hereinafter individually referred to as “Party”, or together as the “Parties”.
BEFORE ANY DOWNLOAD AND USE OF THE GAME, HAVING TAKEN NOTE OF THE ENTIRE CONTENT OF THE LICENSE, THE CLIENT DECLARES AND ACCEPTS ALL THE PROVISIONS OF THIS LICENSE AND ACKNOWLEDGES THAT IT IS ENFORCEABLE. MOREOVER, BY ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE, THE CLIENT DECLARES AND ACCEPTS ALL THE PROVISIONS OF THE GENERAL TERMS AND CONDITIONS OF SALE (AVAILABLE HERE: http://www.stellar-overload.com/general-terms-and-condition-of-sales.html) AND OF THE GENERAL TERMS AND CONDITIONS OF USE WHICH ARE AVAILABLE HERE : http://www.stellar-overload.com/general-terms-of-use.html, AND WHICH FORM A WHOLE WITH THIS LICENSE.
ARTICLE 1 - DEFINITIONS
1.1. Client
Means any natural person or legal entity who uses the Game provided by CUBICAL DRIFT.
1.2. Client’s Account
Means the personal account of the Client which allows the Client to order and to pay his/her Order.
1.3. Client’s Data
Mean all files and information of all kinds, protected or not by an intellectual property right, belonging to the Client, given in relation to the download and the use of the Game.
1.4. Client’s Environment
Means the whole material and software configuration of the Client (exploitation system, databases, databases management system, etc.)
1.5. Data
Mean all Client’s information and data generated by using the Game.
1.6. Documentation
Means collectively all the instructions of use, user’s manuals, help files and all documents and technical information, on an electronic or print format, provided by CUBICAL DRIFT and which are designed to be used in conjunction with the Game.
1.7. Game
Means the Stellar Overload game published and provided by CUBICAL DRIFT, including the management of its content by using the http://www.stellar-overload.com platform, and which is downloaded and installed by the Client on one or more compatible computers owned or controlled by the Client.
1.8. Login
Means the specific email address chosen by each Client and by which she or he shall identify herself or himself in order to activate the Game and the associated password chosen by the Client.
1.9. Order
Means any demand of download of the Game passed by the Client to CUBICAL DRIFT.
1.10. Prerequisites
Mean all the functionalities and computer programs defined by CUBICAL DRIFT as necessary for the use of the Game, as appearing on the Website at URL http://www.stellar-overload.com.
1.11. Website
Means the website located at URL http://www.stellar-overload.com
ARTICLE 2 - PURPOSE
The purpose of this License is to define the terms and conditions by which CUBICAL DRIFT provides the Client with the Game, meeting her or his specific requirements, and the conditions under which the Client accesses and uses the Game.
ARTICLE 3 - RIGHTS TO USE GRANTED
3.1. Scope of the Rights granted by CUBICAL DRIFT
CUBICAL DRIFT grants to the Client, who accepts, a non-exclusive, non-transferable, non-assignable right to use the Game in the last existing version when ordering and strictly within the limits of the Purpose of this License.
The Client expressly acknowledges that all rights related to the brands, know-how, technical concepts and all the rights associated to the Game remain CUBICAL DRIFT's exclusive property.
3.2. Field of Exploitation
This License is expressly limited by the Parties to the necessary acts for the installation of the Game in the Client’s Environment. The Client shall use the Game on one or more computers, this License is strictly limited to a single Client’s Account.
3.3. Restrictions of Use
Client shall expressly refrain from:
- Selling, publishing, displaying, disclosing or making available to any Third Party, the Game provided by CUBICAL DRIFT under this License;
- Performing reverse engineering, decompiling or disassembling the Game, with the exception of what is expressly authorized by current legislation in force;
- Removing identification and ownership markings from the Game;
- Selling, leasing, assigning , lending or using the Game with the aim of sharing it;
- Publishing any performance tests, analysis or evaluations relative to the Game without prior written consent from CUBICAL DRIFT;
- Accessing to the source codes of the software components of the Game;
- Using or copying the Game by any other manner not expressly authorized by this License.
3.4. Duration
This License is subscribed for an unlimited period from the Delivery Date stated in Article 4.4 of the General Terms and Conditions of Sale available here: https://www.stellar-overload.com/general-terms-and-condition-of-sales.html.
3.5. Territory
This License is expressly limited by the Parties to all territories of the world, with the exception of the current rules in force in the Client’s country of residence when she or he downloads and uses the Game.
ARTICLE 4 - CLIENT’S OBLIGATIONS
Before acceptation of this License, the Client acknowledges that she or he is aware of the technical characteristics of the Game and the specific features linked to the use of the Game, particularly with regard to the Prerequisites.
The Client undertakes to use the information related to the Game only for her or his personal needs and only in compliance with the purpose of this License.
Any processing, transmission, dissemination or representation of information or data by the Client through the Game are carried under her or his own liability, and in strict compliance with the laws and regulations.
Likewise, the Client undertakes to not divert the Game functions as described on the Website and to not transmit through it any spams, particularly any chain letters or any advertising messages, nor any content that contains computer viruses or other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications equipment (this list may include other elements without limitation).
The Client undertakes to not develop or market the hereof Game.
Furthermore, the Client undertakes to report CUBICAL DRIFT without delay of any anomaly related to the use of the Game.
The Client also undertakes to not hinder or disrupt CUBICAL DRIFT’s services or servers and to comply with all necessary conditions, particularly with regard to the Prerequisites, procedures and general rules communicated by CUBICAL DRIFT, including the General Terms and Conditions of Sale (available here: https://www.stellar-overload.com/general-terms-and-condition-of-sales.html) and the General Terms and Conditions of Use (available here: http://www.stellar-overload.com/general-terms-of-use.html), in order to insure the proper implementation of the Game. The Client acknowledges that she or he is totally and exclusively responsible for her or him Login. She or he shall bear the consequences that may result from any use of them by third parties into whose hands they may fall.
ARTICLE 5 - INTELLECTUAL PROPERTY
CUBICAL DRIFT retains the full ownership of intellectual property rights of all informatics programs and software solutions constituting the Game granted by this License.
CUBICAL DRIFT retains thereof all the intellectual property rights relating to the software granted by this License and particularly the representation, publication, translation, correction, adaptation, arrangement, modification rights and the right to place on the market either free of charge or against payment.
ARTICLE 6 - USE OF THE DATA
The Client may be required, via an opt-in, to accept or reject that CUBICAL DRIFT may collect and use technical data and associated information, including but not limited to, technical information relating to devices, systems application software and peripheral devices gathered in order to facilitate the implementation of software updates linked to the Game. In case of express consent of the Client, CUBICAL DRIFT may use these information in order to improve its products, services or technologies, because they do not specifically identify the Client.
The Client who has expressly agreed to the collect and use of the technical data fore-mentioned, also agrees that CUBICAL DRIFT may store these provided Data and transmit them internally within CUBICAL DRIFT or its subsidiaries. These processing, storing or transmitting activities shall be carried out for the sole purpose of allowing CUBICAL DRIFT to fulfil its obligations under this License, in any country in which CUBICAL DRIFT or its subsidiaries operate their activities, including countries outside the European Union.
Pursuant to the Act of January 6th 1978, Data collection and processing that might be carried out by downloading and using the Game have been declared to the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission, CNIL: http://www.cnil.fr) under the number 1758138 v 0. Every person can access these information by writing to the CNIL, at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to http://decweb@cnil.fr.
ARTICLE 7 - TRANSFER OF RIGHTS
The Client shall not assign, convey or delegate any of the right or obligation she or he held under this License without prior written consent from CUBICAL DRIFT. Any transfer carried out in contravention of the foregoing shall be null and void and may constitute an act of counterfeiting at the expense of CUBICAL DRIFT.
ARTICLE 8 - CONFIDENTIALITY
All information, Data, documents of any kind disclosed by a Party to the other for the purpose of this License, orally, in writing or by electronic means, including without limitation any concept, memorandum, analysis, methodology, software, software package, know-how, protected or not by an intellectual or industrial property right, with or without “confidential information” marking, shall be treated as confidential information.
These stipulations shall remain in force for all the duration of this License.
ARTICLE 9 - APPLICABLE LAW AND JURISDICTION
This License are exclusively subjected to French law. It is drafted in French. In case of several translations of this License, only the French version is legally valid.
In case of any dispute arising in connection with the construction or the performance of this License, the Parties undertake to seek an amicable solution.
In the absence of such solution within thirty (30) days after the dispute has arisen, it shall be submitted to the competent Court in the location where CUBICAL DRIFT has its registered office.
The present clause applies, except otherwise provided by law, without prejudice to CUBICAL DRIFT rights to prosecute anyone who violates its rights before any Court that would have jurisdiction in the absence of the above-mentioned clause, even proceedings involving the introduction of third parties and proceedings involving several defendants, even for emergency or enforcement proceedings, in summary procedure or by request.