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END-USER LICENSE AGREEMENT (EULA)
DATED 27.06.2014
The conditions specified below construe the license agreement between a natural person using the computer Game and services provided by Vivid Games company, hereinafter referred to as the User, and Vivid Games S.A. with the seat in Bydgoszcz, hereinafter referred to asVivid Games (VG), and it regulates conditions of using a computer Game(the Game) in the retail packing version and online version, as well as services provided by Vivid Games,offered together with the purchased goods or the goods purchased online and downloaded:a/ at Vivid Games’ web site;b/ in stores and at distributors’ web sites, also with their mediation;Before the actual installation of the Game and making use of Vivid Games’ services, the User shall carefully read this license agreement. The User is only licensing the Game, not purchasing it. By installing, copying or using the Game and services provided by Vivid Games, the User accepts conditions of this agreement. In case the User won’t accept provisions of this agreement, he/she shall not download, installor use the Game.This agreement shall apply independent of the licenses obtained by the Userregarding the Game.If the User won’t accept the conditions of this agreement, he/she shall immediately restrain from using the Game and all materials accompanying it, completelydelete all copies of the Gameand all files related to it from his/her computer or any other portable devices and promptly return the Game in its protective packing including all accompanying materials and the original commercial invoice to the sales point in order to apply for the return of costs or exchange of the product – depending on the returns’ policy of the specific seller. The only compensation for the User who refuses to accept the conditions of the agreement, will be the eventual return on the part of the Seller of the price paid by the User for the Game.1.LICENSE CONDITIONS1.1. With the stipulation of point1.2, Vivid Games grants a non-exclusive, unlimited in time and territory, non-transferrable right and license for installing and using of the Game exclusively for the User’s private purposes. The license is granted for non-commercial use and it is not equivalentto the ownership title to the Game. The title, ownership and intellectual ownership rights regarding the Game and all its copies belong to Vivid Games, unless stated otherwise. The Game is protected by copyrights and registered trademark regulations both in Poland and abroad, by international regulations, conventions, and other relevant copyright law.Moreover, the Gamemay contain materials covered with license owned by any third party.Using on-line services related to theGame may be regulated by a separate agreement for providing services, which the User will be informed about and which must be accepted by the User.Otherwise, the possibility of using of the Game may be limited to some extent. 1.2.The User agrees, that he/she won’t:a/ use the Game orany of its parts for any commercial purposes,b/ sell, hire, license, distribute, or otherwise transfer the Game or any of its parts or copies,c/ use the Gamein network conditions with participation of many Users or remotely, or agree for such the use, except from options provided in the Game by Vivid Games,d/ copy the Game orany of its parts, except from a copy made for own purposes for installation in other equipment of the User, including backup copies or the copies for archive purposes,e/ obtain the source code by reverse engineering, or modify that code in part or in whole,f/ remove or circumvent any legal information or trademarks in the Game.1.3.The User may permanently transfer all rights granted within this agreement to any other person provided, that he/she will hand over all the copies of the Game to that person. The transfer shall not include the access to any functions or internet services in a form of on-line accounts or additional functionalities , unblocked or provided for downloading to the User – those, that require entering the User’s access code or that are limited to one account and thus, they are not transferrable. 2. TERMINATION OF THE AGREEMENT2.1. This Agreement can be terminated by Vivid Games at any time, with immediate effect without notice, if the User doesn’t meet at least one commitment resulting from the Agreement or if inappropriate usage of the Game and other services of Vivid Games will be recognised.2.2.In case the agreement is terminated, Vivid Games doesn’t waive any rights or claims towards the User, including financial claims – compensations and redress for any damages resulting from incorrect action or negligence of the User.2.3. The User’s right for using the Gameon the strength of this agreement can be terminated by the User at any time, by deleting of all copies of the Game from his/her computer systems and destroying the Game carrier.2.4.Not asserting the rights, granted on the strength of this agreement,by any of the Parties or not initiating any proceedings against the other party in the case of an infringementof the Agreement’s provisions is not equivalent to the waiver of further asserting the rights by this party or taking proceedings against the other party in the case of any future infringements. 3.LIMITATION OF LIABILITY3.1. Vivid Games won’t be in any case liable for body injury or any casual damages, including damages resulting from the loss of profits, data, interruption of economic activity due to using, inability to use or overusing of the Game by the User, independent of the reason for the damage.3.2.In jurisdictions, in which responsibility can’t be disclaimed, Vivid Games’ liability will be limited only to the value of the price paid by the User for the Game. 4. JURISDICTION FOR SETTLEMENTS OF DISPUTES4.1.This agreement is regulated by the law of the Polish Republic and it will be interpretedaccording to that law, except from the rules referring to the collision of rights. All disputes resulting from this Agreement or related to it will be settled according to this provision. The User gives his/her consent to waiving the right for court proceedings or participating in a class action. All claims and disputes will be settled by direct negotiation between the User, Vivid Games or their representative, upon the written notification on the dispute. Vivid Games will reply to the notification on dispute within 40 days from the moment of the receipt of such a notification. 4.2.All information, offers or commitments, both oral and written, made during negotiations between the User and Vivid Games or their representatives are strictly confidential and they can’t be used for other purposes, including prosecution in arbitrary proceedings or any other kind of proceedings between the parties provided, that evidence being otherwise admissible or possible to obtain won’t be recognised as not admissible or impossible to obtain in result of its using in the negotiation process. 4.3.In case the dispute is not settled within the forty (40) days mentioned in point 4.1. , the dispute can be put to arbitrary proceedings in Bydgoszcz, Poland. The party choosing on arbitrary proceedings will initiate the proceedings before the recognised institution dealing with ADR – alternative dispute resolution, commonly agreed upon by the parties. The arbitrary proceedings will be conducted by telephone, via Internet, or they will be based strictly on documents submitted in writingand the specific method of their conducting will be chosen by the party, that initiated the proceedings. The sentence in the arbitrary proceedings may be filed by any competent Court of Justice. 4.4.In jurisdictions, in which limitation of the measures presented in this point or limitation of the legal consumer’s rights are impossible, disclaimers or limitations can’t be applied regarding the given User. 5.PRIVACY POLICY5.1.The User agrees for collecting and processing of his/her personal information revealed during the process of registration or while using the game, especially in the following extent:(1) forename and surname, (2) e-mail address, (3) country of residence, (4) address, (5) user’s name, (6) telephone or telefax number, by Vivid Games in order to be granted the license, delivered an update of the Game or for marketing purposes. The User also agrees for revealing this personal information, if necessary, to the entities co-operating with Vivid Games or related to it, for the purposes specified in the previous sentence. 5.2. Providing personal information by the User is voluntary, while it may be necessary in order to make use of all the Game’s functionalities. The User has the right to access and correct his/her personal data, and request for ceasing to process his/her personal information if it was collected withan infringement of law or this information is no longer necessary for realisation of the purpose, for which it was collected, as well as the right to apply against processing of his/her personal information following the actual legal regulations.5.3. The User declares, that he/she was informed on the purpose, scope of collecting and processing of data by Vivid Games, the right to access and correct his/her personal information, the right to request for ceasing to process this data by Vivid Games, as well as the third parties using and processing this information, known by him/her on the date of the agreement.5.4. The User agrees for receiving information related to the Game, fresh products and services offered by Vivid Games or temporary access interruptions regarding services provided by Vivid Games, sent by Vivid Games to the e-mail address provided by the User.5.5. The User declares, that he/she was informed on the possibility of using data collection technology for collecting technical information for the purpose of improving the Game and counteracting of any illegal use of the Game. 6. SALVATORY CLAUSEIf any condition or provision of this Agreement will be recognised in a specific situation by any court or administrative authorities as invalid or infeasible, such a recognition doesn’t affect validity and feasibility of other conditions and provisions of the Agreementor validity and feasibility of such a condition or provision in another situation. 7.FINAL PROVISIONS7.1. This agreement makes the complete agreement between the Userand Vivid Gamesregarding the Game and it supersedes all former agreements. If any of the provisions of this agreement will be claimed infeasible on the strength of the law, the Agreement will be modified in order to make such a provision feasible in concordance with the original assumption to the greatest extent possible, whereas all remaining provisions will remain valid. Non-performance or delay with realization of the agreement’s provisions won’t be recognised as the waiver of any of the conditions of this Agreement.7.2.Headings of the Articles and Points included in this Agreement were stated only and exclusively for ordinal purposes and they won’t have any influence on the meaning or interpretation of the Agreement’s contents. 7.3.Vivid Games reserves the right, at its own discretion, to make changes in the contents of the Agreement. In case there is a collision between the contents of this Agreement and the most updated version of it presented at the web site of Vivid Games, the provisions of the most updated version of the Agreement are conclusive. If the User won’t agree forchanges to this Agreement, it will be terminated with immediate effect , following the point 2.3.7.4. The User is obliged to pay all relevant taxes on sale, use, cession, and other, as well as all customs duties imposed in regard to transaction concluded by this Agreement according to the national, state or local regulations, excluding tax on net profit paid by VividGames. The User will return to Vivid Games all sumsregarding such taxesor customs duties paid or borne directly byVivid Gamesin result of concluding this Agreement.
DATED 27.06.2014
The conditions specified below construe the license agreement between a natural person using the computer Game and services provided by Vivid Games company, hereinafter referred to as the User, and Vivid Games S.A. with the seat in Bydgoszcz, hereinafter referred to asVivid Games (VG), and it regulates conditions of using a computer Game(the Game) in the retail packing version and online version, as well as services provided by Vivid Games,offered together with the purchased goods or the goods purchased online and downloaded:a/ at Vivid Games’ web site;b/ in stores and at distributors’ web sites, also with their mediation;Before the actual installation of the Game and making use of Vivid Games’ services, the User shall carefully read this license agreement. The User is only licensing the Game, not purchasing it. By installing, copying or using the Game and services provided by Vivid Games, the User accepts conditions of this agreement. In case the User won’t accept provisions of this agreement, he/she shall not download, installor use the Game.This agreement shall apply independent of the licenses obtained by the Userregarding the Game.If the User won’t accept the conditions of this agreement, he/she shall immediately restrain from using the Game and all materials accompanying it, completelydelete all copies of the Gameand all files related to it from his/her computer or any other portable devices and promptly return the Game in its protective packing including all accompanying materials and the original commercial invoice to the sales point in order to apply for the return of costs or exchange of the product – depending on the returns’ policy of the specific seller. The only compensation for the User who refuses to accept the conditions of the agreement, will be the eventual return on the part of the Seller of the price paid by the User for the Game.1.LICENSE CONDITIONS1.1. With the stipulation of point1.2, Vivid Games grants a non-exclusive, unlimited in time and territory, non-transferrable right and license for installing and using of the Game exclusively for the User’s private purposes. The license is granted for non-commercial use and it is not equivalentto the ownership title to the Game. The title, ownership and intellectual ownership rights regarding the Game and all its copies belong to Vivid Games, unless stated otherwise. The Game is protected by copyrights and registered trademark regulations both in Poland and abroad, by international regulations, conventions, and other relevant copyright law.Moreover, the Gamemay contain materials covered with license owned by any third party.Using on-line services related to theGame may be regulated by a separate agreement for providing services, which the User will be informed about and which must be accepted by the User.Otherwise, the possibility of using of the Game may be limited to some extent. 1.2.The User agrees, that he/she won’t:a/ use the Game orany of its parts for any commercial purposes,b/ sell, hire, license, distribute, or otherwise transfer the Game or any of its parts or copies,c/ use the Gamein network conditions with participation of many Users or remotely, or agree for such the use, except from options provided in the Game by Vivid Games,d/ copy the Game orany of its parts, except from a copy made for own purposes for installation in other equipment of the User, including backup copies or the copies for archive purposes,e/ obtain the source code by reverse engineering, or modify that code in part or in whole,f/ remove or circumvent any legal information or trademarks in the Game.1.3.The User may permanently transfer all rights granted within this agreement to any other person provided, that he/she will hand over all the copies of the Game to that person. The transfer shall not include the access to any functions or internet services in a form of on-line accounts or additional functionalities , unblocked or provided for downloading to the User – those, that require entering the User’s access code or that are limited to one account and thus, they are not transferrable. 2. TERMINATION OF THE AGREEMENT2.1. This Agreement can be terminated by Vivid Games at any time, with immediate effect without notice, if the User doesn’t meet at least one commitment resulting from the Agreement or if inappropriate usage of the Game and other services of Vivid Games will be recognised.2.2.In case the agreement is terminated, Vivid Games doesn’t waive any rights or claims towards the User, including financial claims – compensations and redress for any damages resulting from incorrect action or negligence of the User.2.3. The User’s right for using the Gameon the strength of this agreement can be terminated by the User at any time, by deleting of all copies of the Game from his/her computer systems and destroying the Game carrier.2.4.Not asserting the rights, granted on the strength of this agreement,by any of the Parties or not initiating any proceedings against the other party in the case of an infringementof the Agreement’s provisions is not equivalent to the waiver of further asserting the rights by this party or taking proceedings against the other party in the case of any future infringements. 3.LIMITATION OF LIABILITY3.1. Vivid Games won’t be in any case liable for body injury or any casual damages, including damages resulting from the loss of profits, data, interruption of economic activity due to using, inability to use or overusing of the Game by the User, independent of the reason for the damage.3.2.In jurisdictions, in which responsibility can’t be disclaimed, Vivid Games’ liability will be limited only to the value of the price paid by the User for the Game. 4. JURISDICTION FOR SETTLEMENTS OF DISPUTES4.1.This agreement is regulated by the law of the Polish Republic and it will be interpretedaccording to that law, except from the rules referring to the collision of rights. All disputes resulting from this Agreement or related to it will be settled according to this provision. The User gives his/her consent to waiving the right for court proceedings or participating in a class action. All claims and disputes will be settled by direct negotiation between the User, Vivid Games or their representative, upon the written notification on the dispute. Vivid Games will reply to the notification on dispute within 40 days from the moment of the receipt of such a notification. 4.2.All information, offers or commitments, both oral and written, made during negotiations between the User and Vivid Games or their representatives are strictly confidential and they can’t be used for other purposes, including prosecution in arbitrary proceedings or any other kind of proceedings between the parties provided, that evidence being otherwise admissible or possible to obtain won’t be recognised as not admissible or impossible to obtain in result of its using in the negotiation process. 4.3.In case the dispute is not settled within the forty (40) days mentioned in point 4.1. , the dispute can be put to arbitrary proceedings in Bydgoszcz, Poland. The party choosing on arbitrary proceedings will initiate the proceedings before the recognised institution dealing with ADR – alternative dispute resolution, commonly agreed upon by the parties. The arbitrary proceedings will be conducted by telephone, via Internet, or they will be based strictly on documents submitted in writingand the specific method of their conducting will be chosen by the party, that initiated the proceedings. The sentence in the arbitrary proceedings may be filed by any competent Court of Justice. 4.4.In jurisdictions, in which limitation of the measures presented in this point or limitation of the legal consumer’s rights are impossible, disclaimers or limitations can’t be applied regarding the given User. 5.PRIVACY POLICY5.1.The User agrees for collecting and processing of his/her personal information revealed during the process of registration or while using the game, especially in the following extent:(1) forename and surname, (2) e-mail address, (3) country of residence, (4) address, (5) user’s name, (6) telephone or telefax number, by Vivid Games in order to be granted the license, delivered an update of the Game or for marketing purposes. The User also agrees for revealing this personal information, if necessary, to the entities co-operating with Vivid Games or related to it, for the purposes specified in the previous sentence. 5.2. Providing personal information by the User is voluntary, while it may be necessary in order to make use of all the Game’s functionalities. The User has the right to access and correct his/her personal data, and request for ceasing to process his/her personal information if it was collected withan infringement of law or this information is no longer necessary for realisation of the purpose, for which it was collected, as well as the right to apply against processing of his/her personal information following the actual legal regulations.5.3. The User declares, that he/she was informed on the purpose, scope of collecting and processing of data by Vivid Games, the right to access and correct his/her personal information, the right to request for ceasing to process this data by Vivid Games, as well as the third parties using and processing this information, known by him/her on the date of the agreement.5.4. The User agrees for receiving information related to the Game, fresh products and services offered by Vivid Games or temporary access interruptions regarding services provided by Vivid Games, sent by Vivid Games to the e-mail address provided by the User.5.5. The User declares, that he/she was informed on the possibility of using data collection technology for collecting technical information for the purpose of improving the Game and counteracting of any illegal use of the Game. 6. SALVATORY CLAUSEIf any condition or provision of this Agreement will be recognised in a specific situation by any court or administrative authorities as invalid or infeasible, such a recognition doesn’t affect validity and feasibility of other conditions and provisions of the Agreementor validity and feasibility of such a condition or provision in another situation. 7.FINAL PROVISIONS7.1. This agreement makes the complete agreement between the Userand Vivid Gamesregarding the Game and it supersedes all former agreements. If any of the provisions of this agreement will be claimed infeasible on the strength of the law, the Agreement will be modified in order to make such a provision feasible in concordance with the original assumption to the greatest extent possible, whereas all remaining provisions will remain valid. Non-performance or delay with realization of the agreement’s provisions won’t be recognised as the waiver of any of the conditions of this Agreement.7.2.Headings of the Articles and Points included in this Agreement were stated only and exclusively for ordinal purposes and they won’t have any influence on the meaning or interpretation of the Agreement’s contents. 7.3.Vivid Games reserves the right, at its own discretion, to make changes in the contents of the Agreement. In case there is a collision between the contents of this Agreement and the most updated version of it presented at the web site of Vivid Games, the provisions of the most updated version of the Agreement are conclusive. If the User won’t agree forchanges to this Agreement, it will be terminated with immediate effect , following the point 2.3.7.4. The User is obliged to pay all relevant taxes on sale, use, cession, and other, as well as all customs duties imposed in regard to transaction concluded by this Agreement according to the national, state or local regulations, excluding tax on net profit paid by VividGames. The User will return to Vivid Games all sumsregarding such taxesor customs duties paid or borne directly byVivid Gamesin result of concluding this Agreement.