Language: |
GENERAL MATTERS
This software relates to the video gamę Land of War - The Beginning (and any updates and patches thereto),
including all files which allow using or updating it, with any package and its content in case of buying a boxed
version (hereinafter: the materials) and all works related to this video gamę and materials (hereinafter jointly
referred to as the game) and is subject to legal protection, in particular protection based on the regulations
governing the intellectual property rights, including copyright.
This Agreement shall apply to every use of the game and is in force between MS Games and the user. The game
shall be distributed and rented exclusively through authorized sellers or distributors and shall be used exclusively
for private purposes. Each use, duplication or redistribution thereof which are not expressly permitted under the
terms of this Agreement, are prohibited.
If the user is not a person considered of legal age under the law of their place of residence or has not turned
eighteen years old, their legal guardians (e.g. parents) must read and accept this Agreement on their behalf
before the earlier of starting the download or use of the game.
Due to the elements of violence and brutality, including words commonly considered vulgar, contained in the
game, the game is not intended for every user. If the user is sensitive to such contents or such contents are
unacceptable to them, they should pay attention to this before starting the game.
In particular this game is not intended for users below sixteen years old as well as users who suffer or may suffer
from illnesses in particular such as epilepsy. The game may contain flashing lights and images that may cause
epileptic seizures. If the user experiences dizziness, distortion of vision, muscle cramps, loss of consciousness,
disorientation, involuntary movements or fits during the game, they should immediately stop to play and consult
the doctor.
If the user does not agree with these terms and conditions, they cannot download, install, copy or use the game.
OWNERSHIP
Any rights, including property rights, intellectual property rights including author's economic rights to the game
are vested in:
MS GAMES Sp. z o.o.
UL. GRZYBOWSKA 80/82 /700
00-844 WARSAW
Intellectual property rights shall mean any copyright, rights to trademarks, brands, logotypes, rights to designs,
rights to databases, patents, rights to inventions, know-how, trade secret and confidential information, rights to
Computer software (including the source code), right to advertising, right to perform, publishing rights, rental
and transmission rights and other intellectual property rights of similar or equivalent naturę which may now or
in the futurę arise in any part of the world, in all cases, whether registered or not.
The game, including additional materials in the boxed version, are protected by copyright applicable in the
Republic of Poland, guaranteed by international treaties on copyright, conventions and other regulations.
USE
As a result of the purchase of this game the user receives non-exclusive personal right to install this game on the
basis of the license key and use it on one device in one household. This right may not be transferred, leased or
granted for use in any other way. Any other use without prior consent of the holder of the copyright is prohibited.
The materials received by the user in connection with the purchase of the game Land of War - The Beginning in
the boxed version are strictly related to the game and subject to similar terms and conditions of use as described
herein.
MS Games grants to the user a personal, limited, revocable, non-exclusive and non-transferable license for
displaying, downloading, installing, playing and using one copy of the gamę exclusively for personal use in the
user's household. The user agrees that they will not perform or allow using the game for commercial purposes.
This license does not grant any other title or ownership of the game and should not be construed as the sale
of any rights to the game. This License Agreement shall also apply to the patches or updates which the user may
obtain as part of the use of the game, unless additional terms regulating the possibility of their use have been
attached to these patches or updates.
Making a copy of the game in whole or in part is permitted only in the scope specified by the provisions of law.
The game may not be provided, leased under the license, rented, changed, translated, corrected or published,
whether free of charge or not. To avoid any doubt, the above applies also to the materials in the case of buying
the boxed copy of the game. Decompilation or interference with software code, reverse engineering, taking
action to obtain source code, modification, disassembly or creation of derivative works and other proprietary
technologies, in whole or in part, is strictly prohibited.
The person who will make any copy or in any other way distributes or publicly duplicates the software or helps
another person do it without authorization may be subject to criminal liability.
In the case of breach of this Agreement, MS Games, to protect its rights, reserves the right to take any steps that
the licensor is entitled to take for the protection of its intellectual property.
Any rights that have not been explicitly granted are reserved by MS Games.
LIMITED WARRANTY AND LIABILITY
Due to the complexity of the game, it cannot be expected that it will always work flawlessly. MS Games cannot
warrant that this game will meet the expectations of users and that it will work absolutely flawlessly under all
conditions and that the game will be error-free, that its any defects will be corrected or that the game will be
free from viruses or any other harmful components. Furthermore, MS Games does not provide a warranty for
specific performance and results of said game outside the frameworks of the existing minimal standard of
software technology, which exists at the time of its creation.
MS Games to the fullest extent permitted by applicable law, disclaims all warranties, express or implied, not
expressly stated in this agreement, which may apply to Land of War - The Beginning, including non-infringement,
merchantability, satisfactory quality, absence of viruses or errors or defects.
To the maximum extent permitted by applicable law, MS Games and its affiliated entities, partners and licensors
shall not be liable to the user for loss of profits, fees or expenses, loss of data or loss of information or any other
loss of business opportunities or any loss or damage or interruption of any kind, in each case, whether caused by
a breach of the Agreement or tort.
The foregoing shall also apply to the accuracy and completeness of documentation accompanying the game.
If the game is defective and despite proper conduct it is not possible to use it for the intended purpose, MS
Games shall deliver a new copy of the gamę or refund money. The above right of the buyer is limited to two years
of the date of purchase and is applied exclusively for the game in the boxed version purchased directly from MS
Games or an official distributor or official seller in the Republic of Poland.
To perform warranty claims, the game should be sent with the proof of its purchase and description of the defect
to the address of the holder of copyright MS Games.
If the user buys the game in the electronic version, the user rights related to any defects of the game are
performed directly by the distributor or seller on the terms specified in applicable provisions of law and
regulations of these entities.
MS Games shall not take any other liability for direct or indirect damage which has arisen as a result of use of the
product, unless the damage has been caused deliberately or as a result of gross negligence or if liability results
from the provisions of law.
MS Games to the fullest extent permitted by applicable law disclaims any warranties, express or implied, not
expressly stated in this agreement, which may apply to the game, including satisfactory quality, merchantability,
absence of viruses or errors or defects and/or any guarantees as to the accuracy, legality, reliability or quality of
any contents or information included in the game. MS Games does not warrant that the game will be error-free,
that the defects will be repaired or that the game will be free from viruses or other harmful components as well
as is not liable for any problems with the game as a result of operation of software of third parties, including
those responsible for the operating system of the device on which the game is started or drivers for particular
components of this device.
In any case, the scope of warranty liability is limited to the purchase price of the product.
MS Games shall not be held liable for any incalculable or atypical damage. The foregoing does not prejudice any
rights that may be claimed from the distributor or seller from whom the product was purchased, on the basis of
the user rights resulting therefrom.
MS Games shall not be liable for any damage caused as a result of improper use of the gamę, in particular of a
failure to follow its manual, improper first-time use, improper conduct or use of inappropriate add-ons, unless
MS Games is liable for such damage under applicable provisions of law.
MS Games shall not be liable towards other persons in relation to any results or nonperformance or delay in full
or in part, or due to force majeure.
The residents of California have a right to the following specific information on consumer rights: the user may
contact the Complaint Assistance Unit at the Division of Consumer Services in the Department of Consumer
Affairs by post at the address 400 R St., Suite 1080, Sacramento, California, 95814 or by phone number
916.445.1254. The residents of California expressly agree to waive Section 1542 of the California Civil Code which
provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must have materially affected his
settlement with the debtor."
AGREEMENT TERMINATION
This License Agreement shall apply until it is terminated by any of the parties. Termination shall mean that the
game and all its copies must be uninstalled. MS Games
has a right to withdraw from this License Agreement with immediate effect if the License Agreement or terms
and conditions of use are grossly violated.
In the case of the Agreement termination, the game shall be immediately uninstalled. In the case of withdrawal
from this Agreement, irrespective of the reason for the withdrawal, all licenses granted under the Agreement
shall be deemed immediately terminated.
DISPUTES
In case of any questions, doubts or problems with the game, MS Games makes contact available to the users at
biuro@msgames.pl
The users and MS Games shall take any reasonable efforts in good faith to resolve any manners [probably should
be "disputes" instead of "manners"] informally. The period for amicable settlement of the dispute is 30 days. If
the dispute is not resolved within this period, the next steps depend on the user's place of residence. If the user lives in the European Union, they may be entitled to lodge a complaint through the European Commission's
online dispute resolution platform, details of which can be found at https://ec.europa.eu/consumers/odr/.
If the user has a place of residence in the United States of America, MS Games and the user shall resolve any
disputes and claims between them by individually binding arbitration. This includes without limitation any claims
resulting herefrom.
The claims resulting herefrom or connected herewith must be submitted within one (1) year from the arising of
the claim, otherwise such claim shall be permanently barred.
The U.S. Federal Arbitration Act applies to arbitration. The arbitration will be governed by the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where applicable, additional AAA procedures for
consumer disputes, as amended by this agreement (http://www.adr.org). The arbitrator will be bound by this
Agreement.
Arbitration shall not apply to disputes concerning claims relating to the infringement of intellectual property
rights or claims related to unauthorized use, piracy, theft or misappropriation.
To the maximum extent permissible by applicable federal or State law, the user and MS Games do not agree to
bring or participate in the class action, private action of the attorney general or class arbitration relating to the
claims here from under any circumstances. This means, to the fullest extent permitted by law, that: (a) no
arbitration may be combined with any other arbitration; (b) there is no right or authority to settle disputes by
way of a class action or to use class action procedures; and (c) there is no right or authority to bring any dispute
in an allegedly representative capacity on behalf of the public or others.
FINAL PROVISIONS
If one of the provisions hereof is wholly or partly invalid or becomes invalid, the remainder of the Agreement
shall continue in effect. Invalid provisions will be superseded by provisions that most closely match the intent of
the original provisions.
This License Agreement assumes and represents the entire legał relationships between the parties in relation to
the subject-matter of the Agreement and supersedes all prior oral or written arrangements. MS Games reserves
the right to unilaterally update the terms and conditions of the Agreement, supplement or amend thereof. The
amended version hereof will be presented on the MS Games website (https://www.landofwar.pl/en/1146300_eula/).
Upon the amendment to the Agreement, it will become legally binding for the user within thirty (30) days after
it has been published on the MS Games website.
If the user does not accept any future amendments to the Agreement, they must terminate it and immediately
stop to use the game.
MS Games may assign, delegate or transfer the rights hereunder to a third party, if it deems it necessary.
The Agreement and any matters resulting herefrom shall be governed and construed in accordance with the
Polish law, and any disputes regarding the Agreement shall be resolved exclusively by competent courts in
Poland.
I HEREBY CONFIRM THAT I HAVE READ THE CONTENTS OF THE ABOVE LICENCE AND ACKNOWLEDGE ITS
PROVISIONS. BY INSTALLING THE GAME, I GIVE MY UNCONDITIONAL CONSENT FOR THE TERMS AND
CONDITIONS OF THE SOFTWARE USE.
This software relates to the video gamę Land of War - The Beginning (and any updates and patches thereto),
including all files which allow using or updating it, with any package and its content in case of buying a boxed
version (hereinafter: the materials) and all works related to this video gamę and materials (hereinafter jointly
referred to as the game) and is subject to legal protection, in particular protection based on the regulations
governing the intellectual property rights, including copyright.
This Agreement shall apply to every use of the game and is in force between MS Games and the user. The game
shall be distributed and rented exclusively through authorized sellers or distributors and shall be used exclusively
for private purposes. Each use, duplication or redistribution thereof which are not expressly permitted under the
terms of this Agreement, are prohibited.
If the user is not a person considered of legal age under the law of their place of residence or has not turned
eighteen years old, their legal guardians (e.g. parents) must read and accept this Agreement on their behalf
before the earlier of starting the download or use of the game.
Due to the elements of violence and brutality, including words commonly considered vulgar, contained in the
game, the game is not intended for every user. If the user is sensitive to such contents or such contents are
unacceptable to them, they should pay attention to this before starting the game.
In particular this game is not intended for users below sixteen years old as well as users who suffer or may suffer
from illnesses in particular such as epilepsy. The game may contain flashing lights and images that may cause
epileptic seizures. If the user experiences dizziness, distortion of vision, muscle cramps, loss of consciousness,
disorientation, involuntary movements or fits during the game, they should immediately stop to play and consult
the doctor.
If the user does not agree with these terms and conditions, they cannot download, install, copy or use the game.
OWNERSHIP
Any rights, including property rights, intellectual property rights including author's economic rights to the game
are vested in:
MS GAMES Sp. z o.o.
UL. GRZYBOWSKA 80/82 /700
00-844 WARSAW
Intellectual property rights shall mean any copyright, rights to trademarks, brands, logotypes, rights to designs,
rights to databases, patents, rights to inventions, know-how, trade secret and confidential information, rights to
Computer software (including the source code), right to advertising, right to perform, publishing rights, rental
and transmission rights and other intellectual property rights of similar or equivalent naturę which may now or
in the futurę arise in any part of the world, in all cases, whether registered or not.
The game, including additional materials in the boxed version, are protected by copyright applicable in the
Republic of Poland, guaranteed by international treaties on copyright, conventions and other regulations.
USE
As a result of the purchase of this game the user receives non-exclusive personal right to install this game on the
basis of the license key and use it on one device in one household. This right may not be transferred, leased or
granted for use in any other way. Any other use without prior consent of the holder of the copyright is prohibited.
The materials received by the user in connection with the purchase of the game Land of War - The Beginning in
the boxed version are strictly related to the game and subject to similar terms and conditions of use as described
herein.
MS Games grants to the user a personal, limited, revocable, non-exclusive and non-transferable license for
displaying, downloading, installing, playing and using one copy of the gamę exclusively for personal use in the
user's household. The user agrees that they will not perform or allow using the game for commercial purposes.
This license does not grant any other title or ownership of the game and should not be construed as the sale
of any rights to the game. This License Agreement shall also apply to the patches or updates which the user may
obtain as part of the use of the game, unless additional terms regulating the possibility of their use have been
attached to these patches or updates.
Making a copy of the game in whole or in part is permitted only in the scope specified by the provisions of law.
The game may not be provided, leased under the license, rented, changed, translated, corrected or published,
whether free of charge or not. To avoid any doubt, the above applies also to the materials in the case of buying
the boxed copy of the game. Decompilation or interference with software code, reverse engineering, taking
action to obtain source code, modification, disassembly or creation of derivative works and other proprietary
technologies, in whole or in part, is strictly prohibited.
The person who will make any copy or in any other way distributes or publicly duplicates the software or helps
another person do it without authorization may be subject to criminal liability.
In the case of breach of this Agreement, MS Games, to protect its rights, reserves the right to take any steps that
the licensor is entitled to take for the protection of its intellectual property.
Any rights that have not been explicitly granted are reserved by MS Games.
LIMITED WARRANTY AND LIABILITY
Due to the complexity of the game, it cannot be expected that it will always work flawlessly. MS Games cannot
warrant that this game will meet the expectations of users and that it will work absolutely flawlessly under all
conditions and that the game will be error-free, that its any defects will be corrected or that the game will be
free from viruses or any other harmful components. Furthermore, MS Games does not provide a warranty for
specific performance and results of said game outside the frameworks of the existing minimal standard of
software technology, which exists at the time of its creation.
MS Games to the fullest extent permitted by applicable law, disclaims all warranties, express or implied, not
expressly stated in this agreement, which may apply to Land of War - The Beginning, including non-infringement,
merchantability, satisfactory quality, absence of viruses or errors or defects.
To the maximum extent permitted by applicable law, MS Games and its affiliated entities, partners and licensors
shall not be liable to the user for loss of profits, fees or expenses, loss of data or loss of information or any other
loss of business opportunities or any loss or damage or interruption of any kind, in each case, whether caused by
a breach of the Agreement or tort.
The foregoing shall also apply to the accuracy and completeness of documentation accompanying the game.
If the game is defective and despite proper conduct it is not possible to use it for the intended purpose, MS
Games shall deliver a new copy of the gamę or refund money. The above right of the buyer is limited to two years
of the date of purchase and is applied exclusively for the game in the boxed version purchased directly from MS
Games or an official distributor or official seller in the Republic of Poland.
To perform warranty claims, the game should be sent with the proof of its purchase and description of the defect
to the address of the holder of copyright MS Games.
If the user buys the game in the electronic version, the user rights related to any defects of the game are
performed directly by the distributor or seller on the terms specified in applicable provisions of law and
regulations of these entities.
MS Games shall not take any other liability for direct or indirect damage which has arisen as a result of use of the
product, unless the damage has been caused deliberately or as a result of gross negligence or if liability results
from the provisions of law.
MS Games to the fullest extent permitted by applicable law disclaims any warranties, express or implied, not
expressly stated in this agreement, which may apply to the game, including satisfactory quality, merchantability,
absence of viruses or errors or defects and/or any guarantees as to the accuracy, legality, reliability or quality of
any contents or information included in the game. MS Games does not warrant that the game will be error-free,
that the defects will be repaired or that the game will be free from viruses or other harmful components as well
as is not liable for any problems with the game as a result of operation of software of third parties, including
those responsible for the operating system of the device on which the game is started or drivers for particular
components of this device.
In any case, the scope of warranty liability is limited to the purchase price of the product.
MS Games shall not be held liable for any incalculable or atypical damage. The foregoing does not prejudice any
rights that may be claimed from the distributor or seller from whom the product was purchased, on the basis of
the user rights resulting therefrom.
MS Games shall not be liable for any damage caused as a result of improper use of the gamę, in particular of a
failure to follow its manual, improper first-time use, improper conduct or use of inappropriate add-ons, unless
MS Games is liable for such damage under applicable provisions of law.
MS Games shall not be liable towards other persons in relation to any results or nonperformance or delay in full
or in part, or due to force majeure.
The residents of California have a right to the following specific information on consumer rights: the user may
contact the Complaint Assistance Unit at the Division of Consumer Services in the Department of Consumer
Affairs by post at the address 400 R St., Suite 1080, Sacramento, California, 95814 or by phone number
916.445.1254. The residents of California expressly agree to waive Section 1542 of the California Civil Code which
provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must have materially affected his
settlement with the debtor."
AGREEMENT TERMINATION
This License Agreement shall apply until it is terminated by any of the parties. Termination shall mean that the
game and all its copies must be uninstalled. MS Games
has a right to withdraw from this License Agreement with immediate effect if the License Agreement or terms
and conditions of use are grossly violated.
In the case of the Agreement termination, the game shall be immediately uninstalled. In the case of withdrawal
from this Agreement, irrespective of the reason for the withdrawal, all licenses granted under the Agreement
shall be deemed immediately terminated.
DISPUTES
In case of any questions, doubts or problems with the game, MS Games makes contact available to the users at
biuro@msgames.pl
The users and MS Games shall take any reasonable efforts in good faith to resolve any manners [probably should
be "disputes" instead of "manners"] informally. The period for amicable settlement of the dispute is 30 days. If
the dispute is not resolved within this period, the next steps depend on the user's place of residence. If the user lives in the European Union, they may be entitled to lodge a complaint through the European Commission's
online dispute resolution platform, details of which can be found at https://ec.europa.eu/consumers/odr/.
If the user has a place of residence in the United States of America, MS Games and the user shall resolve any
disputes and claims between them by individually binding arbitration. This includes without limitation any claims
resulting herefrom.
The claims resulting herefrom or connected herewith must be submitted within one (1) year from the arising of
the claim, otherwise such claim shall be permanently barred.
The U.S. Federal Arbitration Act applies to arbitration. The arbitration will be governed by the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where applicable, additional AAA procedures for
consumer disputes, as amended by this agreement (http://www.adr.org). The arbitrator will be bound by this
Agreement.
Arbitration shall not apply to disputes concerning claims relating to the infringement of intellectual property
rights or claims related to unauthorized use, piracy, theft or misappropriation.
To the maximum extent permissible by applicable federal or State law, the user and MS Games do not agree to
bring or participate in the class action, private action of the attorney general or class arbitration relating to the
claims here from under any circumstances. This means, to the fullest extent permitted by law, that: (a) no
arbitration may be combined with any other arbitration; (b) there is no right or authority to settle disputes by
way of a class action or to use class action procedures; and (c) there is no right or authority to bring any dispute
in an allegedly representative capacity on behalf of the public or others.
FINAL PROVISIONS
If one of the provisions hereof is wholly or partly invalid or becomes invalid, the remainder of the Agreement
shall continue in effect. Invalid provisions will be superseded by provisions that most closely match the intent of
the original provisions.
This License Agreement assumes and represents the entire legał relationships between the parties in relation to
the subject-matter of the Agreement and supersedes all prior oral or written arrangements. MS Games reserves
the right to unilaterally update the terms and conditions of the Agreement, supplement or amend thereof. The
amended version hereof will be presented on the MS Games website (https://www.landofwar.pl/en/1146300_eula/).
Upon the amendment to the Agreement, it will become legally binding for the user within thirty (30) days after
it has been published on the MS Games website.
If the user does not accept any future amendments to the Agreement, they must terminate it and immediately
stop to use the game.
MS Games may assign, delegate or transfer the rights hereunder to a third party, if it deems it necessary.
The Agreement and any matters resulting herefrom shall be governed and construed in accordance with the
Polish law, and any disputes regarding the Agreement shall be resolved exclusively by competent courts in
Poland.
I HEREBY CONFIRM THAT I HAVE READ THE CONTENTS OF THE ABOVE LICENCE AND ACKNOWLEDGE ITS
PROVISIONS. BY INSTALLING THE GAME, I GIVE MY UNCONDITIONAL CONSENT FOR THE TERMS AND
CONDITIONS OF THE SOFTWARE USE.