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LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT
YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH LLC ASR RATOBORTSY (“LICENSOR”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT INSTALL OR USE THIS SOFTWARE AND IF YOU HAVE ALREADY PAID FOR THE SOFTWARE, PLEASE RETURN IT TO THE PLACE OF PURCHASE FOR A REFUND.
LICENSE. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable console or computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer and software codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by Russian Federation copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, modified, reproduced, distributed, publicly displayed or publicly performed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, modifying, reproducing, distributing, publicly displaying or publicly performing all or any portion of the Software in any manner or medium without such prior written consent of LICENSOR, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that copyright violations might be subject to penalties of up to $100,000 per violation. The Software contains certain licensed materials and LICENSOR’s licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS.
You agree not to:
(a) Commercially exploit the Software;
(b) Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c) Make copies of the Software or any part thereof, except for back up or archival purposes;
(d) Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, console, or workstation at the same time;
(e) Copy the Software onto a hard drive or other storage device from the included DVD (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f) Use or copy the Software at a computer gaming center or any other location-based site;
(g) Reverse engineer, decompile, disassemble or modify the Software, in whole or in part;
(h) Remove or modify any proprietary notices or labels contained on or within the Software; and/or
(i) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
WARRANTY.
LICENSOR MAKES NO WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS, STATUTORY OR OTHERWISE, ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING, OR OTHER LEGAL REQUIREMENT. LICENSOR does not warrant the error-free or uninterrupted operation of the Software. In addition, with respect to software that is enabled for use on or over the Internet, you acknowledge that LICENSOR is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet. Use of the Internet is at your sole risk.
Some jurisdictions do not allow limitations on how long an implied or express warranty or condition lasts, so the above limitation may not apply to you. This limited express warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Some jurisdictions require additional warranties or minimum warranty periods that cannot be waived, disclaimed or otherwise varied by contract. If and to the extent such local laws are held to apply to this Agreement or the Software, the foregoing warranty and/or warranty period shall be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent possible the effect, scope and economic benefit of the original warranty provided herein.
WARRANTY PROTECTION. Warranty protection is available only to you, the original purchaser. In the event of any questions in this regard, LICENSOR reserves the exclusive right to determine warranty eligibility and appropriate redress, if any.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL LICENSOR OR ANY OF ITS LICENSORS, RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (ii) THIRD PARTY CLAIMS, OR (iii) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA; EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE, THE PACKAGING, OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE SOFTWARE.
Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to you.
TERMINATION. This Agreement and the licenses granted under this Agreement are effective until terminated. They shall terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination you shall immediately cease using the Software, and destroy the Software, the documentation, and the other parts of the Software, and all copies of any parts thereof.
EQUITABLE REMEDIES. You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold LICENSOR, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
MISCELLANEOUS; GOVERNING LAW; ARBITRATION.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE, YOU MAY CONTACT IN WRITING LLC ASR RATOBORTSY PRAVDI STR., 24B3, MOSCOW, 127137
YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS LICENSE WITH LLC ASR RATOBORTSY (“LICENSOR”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT INSTALL OR USE THIS SOFTWARE AND IF YOU HAVE ALREADY PAID FOR THE SOFTWARE, PLEASE RETURN IT TO THE PLACE OF PURCHASE FOR A REFUND.
LICENSE. Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable console or computer. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale or transfer of any rights in the Software. All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors.
OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer and software codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by Russian Federation copyright law and applicable copyright laws and treaties throughout the world. The Software may not be copied, modified, reproduced, distributed, publicly displayed or publicly performed in any manner or medium, in whole or in part, without the express prior written consent from LICENSOR. Any persons copying, modifying, reproducing, distributing, publicly displaying or publicly performing all or any portion of the Software in any manner or medium without such prior written consent of LICENSOR, will be willfully violating the copyright laws and may be subject to civil and criminal penalties. Be advised that copyright violations might be subject to penalties of up to $100,000 per violation. The Software contains certain licensed materials and LICENSOR’s licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS.
You agree not to:
(a) Commercially exploit the Software;
(b) Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c) Make copies of the Software or any part thereof, except for back up or archival purposes;
(d) Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, console, or workstation at the same time;
(e) Copy the Software onto a hard drive or other storage device from the included DVD (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f) Use or copy the Software at a computer gaming center or any other location-based site;
(g) Reverse engineer, decompile, disassemble or modify the Software, in whole or in part;
(h) Remove or modify any proprietary notices or labels contained on or within the Software; and/or
(i) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
WARRANTY.
LICENSOR MAKES NO WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS, STATUTORY OR OTHERWISE, ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING, OR OTHER LEGAL REQUIREMENT. LICENSOR does not warrant the error-free or uninterrupted operation of the Software. In addition, with respect to software that is enabled for use on or over the Internet, you acknowledge that LICENSOR is not responsible for the Internet or whether it should continue to exist in its present form or whether or not a government or governmental agency, either foreign or domestic, will control, regulate or disband the Internet. Use of the Internet is at your sole risk.
Some jurisdictions do not allow limitations on how long an implied or express warranty or condition lasts, so the above limitation may not apply to you. This limited express warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Some jurisdictions require additional warranties or minimum warranty periods that cannot be waived, disclaimed or otherwise varied by contract. If and to the extent such local laws are held to apply to this Agreement or the Software, the foregoing warranty and/or warranty period shall be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent possible the effect, scope and economic benefit of the original warranty provided herein.
WARRANTY PROTECTION. Warranty protection is available only to you, the original purchaser. In the event of any questions in this regard, LICENSOR reserves the exclusive right to determine warranty eligibility and appropriate redress, if any.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL LICENSOR OR ANY OF ITS LICENSORS, RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, (ii) THIRD PARTY CLAIMS, OR (iii) LOSS OR DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, RECORDS OR DATA; EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ENTIRE LIABILITY OF LICENSOR ARISING FROM OR IN ANY WAY RELATED TO THE SOFTWARE, THE PACKAGING, OR ANY PART THEREOF, OR THIS AGREEMENT, EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE SOFTWARE.
Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to you.
TERMINATION. This Agreement and the licenses granted under this Agreement are effective until terminated. They shall terminate automatically without notice if you fail to comply with any provision of this Agreement. Upon termination you shall immediately cease using the Software, and destroy the Software, the documentation, and the other parts of the Software, and all copies of any parts thereof.
EQUITABLE REMEDIES. You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold LICENSOR, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
MISCELLANEOUS; GOVERNING LAW; ARBITRATION.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE, YOU MAY CONTACT IN WRITING LLC ASR RATOBORTSY PRAVDI STR., 24B3, MOSCOW, 127137