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WORLDOFSTALKERS® END USER LICENSE AGREEMENT
LAST REVISED DATE: JULY 10, 2021
IMPORTANT NOTE:
PLEASE READ THIS AGREEMENT (BEFORE THE "AGREEMENT") CAREFULLY BEFORE INSTALLING OR USING THE WORLDOFSTALKERS® ONLINE GAME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU CANNOT INSTALL OR OTHERWISE TO GET ACCESS TO THE GAME.
Thank you for your interest in WORLDOFSTALKERS® online gaming services and interactive games, as well as interactive games from other developers (hereinafter the "Licensors"). (hereinafter in this document, the WORLDOFSTALKERS® games and the Licensors are collectively referred to as the “Game”). This Agreement sets out the terms on which you are licensed to install and use the Platform. As used in this document, the term "Platform" refers collectively and individually to (1) the WORLDOFSTALKERS® software application, (2) WORLDOFSTALKERS® game services, (3) each Game related to the WORLDOFSTALKERS® Games, and (4) all functions and components of the above, installed or used on a computer or mobile device.
WORLDOFSTALKERS® account. To use the Platform, you need to register or have a registered WORLDOFSTALKERS® account (“Account”). The creation and use of Accounts is subject to the following terms:
You can register an Account only if: (i) you are an individual who is of legal age in your country of residence (corporations, WORLDOFSTALKERS® limited liability partnerships, partnerships and other legal entities or commercial organizations are not eligible to register an Account) and (ii) you are not a person who is prohibited from using the Platform by WORLDOFSTALKERS®.
When creating or updating an Account, you must:
Provide WORLDOFSTALKERS® with reliable and up-to-date data relating to you personally, namely, but not limited to: your name and email address. In addition, in order to pay for certain Games or use certain features offered on the Platform, you may be required to provide WORLDOFSTALKERS® with payment details (such as credit card information). The storage and / or use of your personal data by WORLDOFSTALKERS® is governed by the WORLDOFSTALKERS® Privacy Policy. WORLDOFSTALKERS® also has the right to receive general data as a result of your connection to the Game.
Select a unique username and password (hereinafter collectively referred to as "Login Data"). You may not use your real name as the password for your Account, and you may not transfer your Account or Login Information to any person unless permitted by the terms of this Agreement.
To take part in a particular WORLDOFSTALKERS® Game, you will need to purchase a license for the Game; This requires purchasing the Game on Steam provided by WORLDOFSTALKERS®. For retail licenses for the Game, an authentication code will be included in the packaging or electronically sent to you. If you purchased the electronic version of the Game from WORLDOFSTALKERS®, an authentication code will be attached to your Account when you purchase the Game.
You must maintain the confidentiality of your Login Data as you are responsible for any use of your Login Data and Account, including purchases made with your permission or not. If you become aware of or reasonably suspect a security breach, including but not limited to loss, theft or unauthorized disclosure of Login Data, you must immediately report this to WORLDOFSTALKERS®. WORLDOFSTALKERS® may, at its discretion, request additional information and / or documentation to verify your message, and upon receipt of such information, WORLDOFSTALKERS® will take steps to block your Account until control is returned to you. Regardless of the action that WORLDOFSTALKERS® may take on your behalf, you acknowledge and agree that WORLDOFSTALKERS® may, in its sole and absolute discretion, decide whether your message is true and, if so, take appropriate action.
Minors may use an Account created by their parents or legal guardians, depending on the laws in your country of residence. If you allow your minor child or person under your care (hereinafter - the "Child") to use the Account on the WORLDOFSTALKERS® Platform, then you thereby agree to the terms of this Agreement on your own behalf, as well as on behalf of your Child ; you also understand and agree that you are responsible for any use of the Account by your Child, regardless of your permission.
Your use of the Platform to interact with WORLDOFSTALKERS®, as well as other players, is governed by the WORLDOFSTALKERS® Code of Conduct (hereinafter the "Rules of Conduct") and the relevant rules of the game (hereinafter the "Game Rules"). The Rules of Conduct and the Rules of the Game are not exhaustive. The Code of Conduct and the Game Rules are incorporated into this Agreement.
License Grant. If you accept the terms of this Agreement and comply with the terms of this Agreement, WORLDOFSTALKERS® will grant you and you will receive a limited, non-sublicensable and non-exclusive license to use the Platform subject to the "License Restrictions" set forth in Section 1.C below, subject to the following conditions:
You may install the relevant components or functions of the Platform (including the Games) on one or more computers or mobile devices under your legal control.
You may use the Game solely for personal entertainment purposes of a non-commercial nature, unless otherwise expressly permitted by the terms of this Agreement.
You cannot transfer your rights and obligations to use the Game.
Certain Games may have special licensing terms and conditions, which may include the following:
Trial or "starter" versions of the Games allow you to use a limited version of the Game until you are required to purchase a license to the Game. Licenses to use the full versions of these Games can be purchased directly through WORLDOFSTALKERS®.
In some cases, the full versions of the Games can only be used after purchasing a license for the Game and adding it to your Account.
You can play the Game (Games) for which you are licensed on the Platform in special public Internet cafes or game centers by using an Account registered in your name. You will be advised of any requirement to purchase a license before you can use the Game, as well as any time restrictions that will apply to your use of the Game.
Some Games may be obtained through the Platform, but payment may not be made on the Platform. In such event, the Game will be provided under a separate End User License Agreement that will govern your installation and use of the Game after purchase.
Games produced by WORLDOFSTALKERS® Licensors and distributed through the Platform, and (or) Games in which the gameplay is carried out through the Platform, will require you to agree to the End User License Agreement of the Licensor before you can play the Game on the Platform, while The terms of the Licensor's End User License Agreement are incorporated into this Agreement through this link. In the event of a conflict between the terms of this Agreement and the Licensor's End User License Agreement regarding use of the Licensor's Game, the Licensor's End User License Agreement shall prevail and govern your use of the Licensor's Game. However, in the event of a conflict between the terms of this Agreement and the Licensor's End User License Agreement with respect to other aspects of the Platform, this Agreement shall prevail and govern your use of the Platform.
License restrictions. WORLDOFSTALKERS® has the right to suspend or terminate your license to use the Platform or its parts, components and (or) individual functions, if you violate the license restrictions set forth below, or provide support to others in such a violation. You agree not to do - in whole or in part - the following actions under any circumstances:
Derivative Works: copying or reproduction (except as provided in Section 1.B., translation into other languages, reverse engineering, extraction of source code, modification, disassembly, decompilation or creation of derivative works based on or associated with the WORLDOFSTALKERS® Platform and or WORLDOFSTALKERS ®.
Cheating: creating, using, offering, promoting, advertising, providing and / or distributing the following or complicity in such actions:
a means of circumvention of restrictions, i.e. methods that were not expressly permitted by WORLDOFSTALKERS®, affecting the course of the game and / or facilitating it (including code that exploits game vulnerabilities) and thus providing you and / or any other user advantage over other players who do not use such methods;
automation of access to the game ("bots"), that is, any code and (or) software that has not been expressly authorized by WORLDOFSTALKERS®, allowing to automatically control the Game or any function of the Platform, for example, automatically controlling a character in the Game;
computer hacking, i.e. access to the Platform software or its modification in a manner not expressly permitted by WORLDOFSTALKERS®; and / or
any code and / or software that is not expressly authorized by WORLDOFSTALKERS® and may be used in connection with the Platform and / or any component or function of the Platform to change the course of the game and / or facilitate it, as well as for other functions.
Prohibited Commercial Use: Use, in whole or in part, of the Platform for any purpose not expressly permitted by WORLDOFSTALKERS®, including but not limited to: (i) use of the Game (s) in commercial establishments (subject to Section 1.B.iv. 3.); (ii) collecting game money, items or resources for sale outside the Platform or the Game (s); (iii) the provision of gaming services, including but not limited to account upgrades or upgrades, in exchange for a fee; or (iv) transmitting or facilitating the dissemination (by text, sound or otherwise) of commercial advertisements or offers through or within the Platform; or (v) organizing, promoting, encouraging or participating in any event that constitutes a bet on the outcome of the WORLDOFSTALKERS® Games or other aspects thereof, whether or not such conduct constitutes gambling under the laws of the applicable jurisdiction, without appropriate permission.
"Esports": using the Platform to host esports or group competitions sponsored, promoted or promoted by any commercial or non-profit organization without further permission from WORLDOFSTALKERS® or prior written consent from WORLDOFSTALKERS®. For more information on obtaining the appropriate authorization, please visit the WORLDOFSTALKERS® website
Cloud Computing: use of the Platform, including the Game, in connection with any unauthorized third party cloud computing service, cloud gaming service, or software or service designed to allow unauthorized streaming or transmission of Game content from a third party service to any device.
Data Extraction: Use of an unauthorized procedure or software that intercepts, collects, reads or otherwise “extracts” information provided or stored by the Platform; however, WORLDOFSTALKERS® may, in its sole and absolute discretion, authorize the use of certain third party user interfaces.
“Duplicate Items”: Creation, use or operation of any in-game item created or copied by exploiting design bugs, unreported issues, or software defects in the WORLDOFSTALKERS® Platform.
Organization of matches: placement, provision and development of services for organizing matches for any Game (Games); interception, emulation or redirection of communication protocols used by WORLDOFSTALKERS® in any way and for any purpose, including, but not limited to, for the purpose of unauthorized play on the Internet, network play (unless express permission is given to WORLDOFSTALKERS ®) or within content aggregation networks;
Unauthorized Connections: facilitating unauthorized connections, establishing or maintaining an unauthorized connection to the Platform, including but not limited to (i) any connection to an unauthorized server that emulates or attempts to emulate the Platform; and (ii) any connection using third party programs or tools not specifically authorized by WORLDOFSTALKERS®;
Transfer: an attempt to sell any copies of the Platform or its components or your rights to the Platform, issue a license or sublicense to them, provide them for temporary use and rent, lend them, transfer them as a pledge and otherwise transfer them to third parties, if it is is not expressly permitted by this Agreement;
Harm / harassing behavior: behavior that harms other players or interferes with their use of the games, or interferes with the activities of the WORLDOFSTALKERS® Platform, including:
Causing harm or facilitating harm (i) in relation to any computer used to support the Platform or any gaming environment; (ii) use of the Game by any other player. ANY ATTEMPT FROM YOU TO CAUSE DAMAGE TO THE PLATFORM OR THE NORMAL PERFORMANCE OF ANY GAME MAY BE A VIOLATION OF CIVIL AND CRIMINAL LAWS.
Acts of annoying nature, "sabotage", offensive behavior or statements, behavior aimed at creating unreasonable difficulties or hindrance to others in the use of the Game, intentional inaction or disconnection and / or other activity that violates the WORLDOFSTALKERS® Code of Conduct or the Game Rules.
Breach of Law: Using the Platform to violate applicable laws or regulations.
The platform and characteristics of specific games.
Platform characteristics.
"International Access". Some Games include an International Access feature that allows you to play with players outside of the region associated with your registered Account. International Access requires that certain or all of your personal information provided to WORLDOFSTALKERS® when you register for an Account be transferred to servers operated by WORLDOFSTALKERS® in the regions in which you wish to play the applicable Game. By agreeing to participate in the International Access game, you agree that WORLDOFSTALKERS® may transfer your data to WORLDOFSTALKERS® servers in each of the regions that you choose to participate and use the International Access feature.
Advertising. The Platform may include third-party technologies that allow advertising activities on the Platform and / or in certain Games on the Platform, which can be temporarily downloaded to your personal computer and replaced while playing on the Internet. As part of this process, WORLDOFSTALKERS® and / or WORLDOFSTALKERS® authorized third-party advertisers may collect standard information that is sent when your personal computer connects to the Internet, including your Internet address (IP).
Content created or uploaded by the user. The Platform may provide you with the ability to download and display content on the Platform, for example, on the WORLDOFSTALKERS® forums and / or as part of the Game, including compiling, mounting and / or displaying such content (hereinafter, collectively - "User Content "). User Content does not include Games Created as defined in section 1.D.ii.1. below. You hereby grant WORLDOFSTALKERS® perpetual (or granted for the longest possible term under applicable law), irrevocable, worldwide, fully paid, non-exclusive, sublicense rights and license to use the User Content and all its components in any medium , in any formats and forms, both currently known and subsequently created. WORLDOFSTALKERS® will have the unrestricted right to copy, reproduce, correct, modify, adapt, translate, reformat, create derivative works, add and remove, reorder and transform, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, rent , sending, posting in the public domain, public demonstration, public performance, making available, broadcasting and putting into practice the User Content, all its modifications, products derived from it and all the elements contained therein, without exception, as well as use part or parts of the User Content or its components in combination with any other materials or embed them in any other materials. You represent and warrant that User Content does not infringe on copyrights, trademark rights, patents, trade secrets or other intellectual property rights and / or image rights of third parties. In addition, you represent and warrant that you will not use or distribute User Content that is illegal, unlawful, defamatory, obscene, infringing on the privacy of others, threatening, harassing, offensive or abusive, hateful, racist or in any way either for objectionable or unacceptable reasons. WORLDOFSTALKERS® has the right to remove any User and related content or its components from the Platform at its sole discretion. You hereby agree to refuse to be identified as the author of User Content.
Real Name and Identity Disclosure. The Platform allows you to disclose your identity to other users of the Platform by using the Real Name Friends feature. If you use Real Name Friends and send a request to another user to share this function, that user will see your real name and online presence. Some features, such as the Platform's voice chat application, are only offered to Platform users who use the Real Name feature. If you are a parent or legal guardian and give permission for your minor child to use your Account, you should be aware that your child can use the Real Name feature. WHEN YOU USE THE "REAL NAME" FUNCTION, THOSE PEOPLE WHICH YOU STATE AS "FRIENDS UNDER REAL NAME" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "FRIENDS IN THIS NAME" YOUR "REAL NAME FRIENDS" USING THE SAME FUNCTION. You can turn off Real Name at any time by removing all Battle.net friends from your Account.
Game Features
Game editors. Certain Games include editing software (hereinafter "Game Editor (s)" that allows you to create custom games, levels, maps, scenarios and other content (hereinafter "Games Created"). Under this Agreement and any referenced therein Agreements, the term "Games Created" includes all content created using the Game Editor (s), including all digital files associated with such Generated Games, as well as (1) all content contained in such files, including but not limited to and non-player characters, audio and video components, environments, objects, objects, skins and textures, (2) all names, trademarks, trade names, character names and other names and phrases contained in or related to the Game Created, and (3) any other objects of intellectual property rights contained in the Created game, including all materials, game concepts, methods and ideas without exception. the game can only be used in conjunction with the Game engine associated with a specific Game Editor. Acceptable ways of using the Games Created are set out in the Rules for Acceptable Use of the Created Game, the terms of which are incorporated into this Agreement. WORLDOFSTALKERS® may, at any time, modify, delete and disable the Games Created at its sole discretion.
Amateur tournaments. To support local esports tournaments, WORLDOFSTALKERS® maintains a licensed program for amateur tournament organizers based on the Amateur competition license.
Beta testing of preliminary versions of the Games. Certain pre-release versions of the Games may be made available to you through the Testing Platform (“Beta Testing”). Your participation in Beta Testing through the Platform is governed by the following provisions:
Eligibility. To participate in the Beta Test, you must meet the following requirements:
WORLDOFSTALKERS® must appoint you to participate in the Beta Test ("Beta Tester");
The Account you will be using to participate in the Beta Test should not be subject to any sanctions or restrictions.
If the Beta Test is intended to test an extension for another Game, then the Account must be updated using all previous extensions for the corresponding Game.
You agree that WORLDOFSTALKERS® has the right to obtain hardware and software information from the computer system that you will use to participate in the Beta Testing (the "Beta Testing System"), prior to registering for the Beta Testing, in order to WORLDOFSTALKERS® had the opportunity to determine if you were eligible to participate in the Beta Test.
The beta testing system must meet the specifications WORLDOFSTALKERS® requires for Beta testing.
Confidentiality. If WORLDOFSTALKERS® treats Beta Testing as confidential, the invitation to participate in Beta Testing you receive will include a notice stating confidentiality. During the confidential Beta Testing process, the existence of the Beta Testing, as well as all its elements, will continue to be treated as confidential, and you agree to continue not to disclose everything related to the Beta Testing and not to disclose information to persons not participating in the Beta Testing until until WORLDOFSTALKERS® informs you that Beta Testing is no longer confidential. Not by way of limitation, but for purposes of illustration, you agree that you will not disclose the following information during Beta Testing:
Information about Beta Testing, such as your role as a Beta Tester, the duration of the Beta Testing, the number of Beta Testers, how you became a Beta Tester, etc.
Information related to the Game in respect of which you are beta testing, in particular, interface design and impressions of the Game, races, classes, fights, magic, communications, Playing as part of a group, completing tasks, monetary systems, interacting with non-player characters , items, weapons, protection, stability of the Game, etc.
Beta testing and real money feature. Some Games may have features that allow you to purchase licenses to use electronic components or services through the Game interface. If you acquire a license to use an electronic component or service through the Game interface during the Beta Testing process, any purchase is subject to the Terms of Sale. WORLDOFSTALKERS® will not compensate you for your purchase of an electronic item or service, and in some cases, components or services purchased during Beta testing may not be included in the final distribution of the Game. In these cases, WORLDOFSTALKERS® will provide you with information that explains what discount (if applicable) you will receive for purchasing electronic goods or services for real money during the Beta Test as soon as the Beta Test is completed.
Feedback. During and after the Beta Test, you may be given the opportunity to communicate your comments, suggestions and impressions of the Game to WORLDOFSTALKERS® by using the tools provided for submitting feedback and bug reports, as well as internal websites, forums and other methods. The game may also contain a tool that allows your computer system to transmit information to WORLDOFSTALKERS®, including information about the system itself and drivers, in the event of a failure. This tool will collect information from your computer system in relation to crashes and will allow you to send a corresponding report to WORLDOFSTALKERS® by email.
Confirmations. You acknowledge the following:
A game in Beta is under development and may contain bugs that may cause data loss and / or damage to your computer system.
You have made or will back up the contents of your hard drive prior to installing the Beta.
You have the resources you need to easily reinstall the Beta System operating system and recover any data that might be lost.
WORLDOFSTALKERS® is not responsible for data loss or damage to the Beta Testing System, service failures, hardware or software failures, as well as loss of information or service termination.
WORLDOFSTALKERS® may monitor and record any communication, electronic or otherwise, that relates to the Beta, including but not limited to batch data, in-game chats, forum posts, etc.
WORLDOFSTALKERS® may delete or change information that is stored on the Platform or in the Game during the Beta Test, for any reason and at any time during the Beta Test.
WORLDOFSTALKERS® can transfer program files to the System for beta testing, including programs that collect and send to WORLDOFSTALKERS® information about the processor, RAM, operating system, video card, and sound card from the System.
You may not sell, transfer or commercially use access to the Beta, including distributing keys to the Beta, without the express permission of WORLDOFSTALKERS®.
Termination of the Agreement. WORLDOFSTALKERS® may terminate Beta Testing at any time. When WORLDOFSTALKERS® ceases Beta testing, you must remove the preliminary version of the Game that was in Beta testing, as well as all documents and materials received by you from WORLDOFSTALKERS® in connection with the Beta testing. In addition, WORLDOFSTALKERS® may ask you to remove all Beta items from all hard drives on which a preview version of the Game has been installed that has passed Beta testing. You agree and acknowledge that termination of Beta testing by WORLDOFSTALKERS® will not entail compensation of any kind, including but not limited to compensation for electronic components, time acquired to access WORLDOFSTALKERS®, etc.
Sections of the Agreement that Apply to Beta Testing. When participating in a Beta Test, the terms of Section 1.D.ii.3 shall prevail and govern any other Sections of this Agreement that may conflict with the provisions of Section 1.D.ii.3. In addition, Section 1.B.iv.3 of the Agreement is deliberately excluded from the Beta provision.
Права собственности WORLDOFSTALKERS®.
Except solely for the Games of the Licensors, WORLDOFSTALKERS® is the owner or licensee of all use, possession and disposal rights associated with the Platform, including the Games produced and developed by WORLDOFSTALKERS®. (hereinafter “WORLDOFSTALKERS® Games”), Games Created derived from the WORLDOFSTALKERS® Games, Accounts, and all their functions and components. The Platform may contain materials licensed by third parties in favor of WORLDOFSTALKERS®, and such third parties may enforce their rights against you if you violate the terms of this Agreement. The following components of the Platform (which do not include content or components of the Games of the Licensors) are owned or licensed by WORLDOFSTALKERS®:
all virtual content that is displayed on the Platform, including in the WORLDOFSTALKERS® Game, in particular:
Visual components: play areas, artwork, structural or landscaping, animation and audiovisual effects;
Presentation: themes, concepts, stories and storylines;
Characters: names, likenesses, as well as statements of the characters of the Game;
Elements: virtual goods such as digital cards, currency, potions, weapons, protection, clothing, skins, sprays, animals, etc .;
all data and communications that are created and take place on the Platform;
all sounds, musical compositions, recordings, as well as sound effects that relate to the Platform;
all recordings, game replays or resumption of game actions, battles, duels, etc.;
computer code, including (but not limited to) embedded "Applications" and source code;
titles, methods of work, software, related documentation, as well as all other original works of authorship that are contained on the Platform;
All Accounts, including the Account name and any WORLDOFSTALKERS® Tags associated with the Account. Any use of the Account must be in the interests of WORLDOFSTALKERS®. WORLDOFSTALKERS® does not allow the transfer of Accounts. You may not purchase, sell or donate an Account, or offer to purchase, sell or donate any Account - any such attempt will be invalid and may result in the cancellation of the Account;
all moral rights that are associated with the Platform, including the Games Created taken from the WORLDOFSTALKERS® Games, in particular, the right to authorship, as well as the right to integrity of certain original works of authorship;
the right to create derivative works; Also, under this Agreement, you agree that you will not create any work based on the Platform, except as expressly provided for in this Agreement or otherwise approved by WORLDOFSTALKERS® in the relevant competition rules, the WORLDOFSTALKERS® Policy from the WORLDOFSTALKERS® Policy regarding players / fans of the game or annex to this Agreement.
Preloaded software. The Platform may contain additional software that will require you to agree to additional terms before using it (the “Additional Software”).
Installation. You agree that WORLDOFSTALKERS® may install Additional Software on your hard drive as part of the Platform installation and from time to time during the term of this Agreement.
Using. If WORLDOFSTALKERS® does not provide you with a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, extract the source code, modify, disassemble, decompile or create derivative works on based on Additional Software. If WORLDOFSTALKERS® provides you with a valid license and alphanumeric key to use and activate the Additional Software, use of the Additional Software will be governed by the terms of this Agreement.
Instances. You may create one (1) copy of the Additional Software solely for archiving purposes.
Consent to monitoring. WHILE OPERATING THE PLATFORM (INCLUDING THE GAME) MAY MONITOR THE MEMORY OF YOUR COMPUTER OR MOBILE DEVICE FOR THE PRESENCE OF UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING SIMULTANEOUSLY. AS USED IN THIS DOCUMENT, THE TERM “UNAUTHORIZED THIRD PARTY PROGRAM” IS DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY THE PROVISIONS OF SECTION 1.C ABOVE. Any unauthorized third-party program platform can (a) transfers WORLDOFSTALKERS® RELATED INFORMATION, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT detect unauthorized third-party programs, time and date (OR) (b) WORLDOFSTALKERS® can use any or ALL YOUR RIGHTS UNDER THIS AGREEMENT WITH OR WITHOUT PRIOR NOTICE TO THE USER. In addition, some Games contain a tool that allows your computer, in the event of a Game failure, to transmit information to WORLDOFSTALKERS®, including information about the system and drivers, and by agreeing to this Agreement, you agree that WORLDOFSTALKERS® will receive and / or use such information.
Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION, THE WARRANTY IS APPLIED UNDER APPLICABLE LAWS. FOR NON-RESIDENTS OF THE EUROPEAN UNION APPLY THE FOLLOWING PROVISIONS: PLATFORM IS PROVIDED ON AN ACTUAL BASIS OF "AS IS" AND "AS AVAILABLE" FOR WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF OWNERSHIP, NO INFRINGEMENT OF THIRD PARTIES, AND WARRANTIES RELATED TO CONCLUSION OF A TRANSACTION, USE OR SALES. WORLDOFSTALKERS® DOES NOT GUARANTEE YOU WILL BE POSSIBLE TO ACCESS OR USE THE PLATFORM IN A LOCATION OF YOUR CHOICE, THE PLATFORM WILL WORK WITHOUT ANY ERROR AND IT IS ALSO CLEANING OUT OF THE INSTRUMENTS.
Limitation of Liability
WORLDOFSTALKERS® may be liable under applicable law (i) in case of willful misconduct, (ii) in case of gross negligence, (iii) for life or health damage or personal injury, (iv) under applicable laws in product liability. Gross negligence implies acts or omissions that are characterized by significant negligence and demonstrate apparent disregard for basic responsibilities
Without limiting the foregoing, you agree and acknowledge that WORLDOFSTALKERS® can only be held liable for minor negligence in the event of a breach of a material contractual obligation. The term "material contractual obligation" means any obligation (i) which is necessary for the performance of the Agreement, (ii) violation of which would jeopardize the purpose of this Agreement, and (iii) which can usually be expected to be fulfilled. In such cases, liability is limited to compensation for typical and foreseeable damages. The term "negligence" means negligence that is not gross negligence.
Indemnity. You warrant WORLDOFSTALKERS® damages and legal remedies for any claims, claims, damages and other losses, including reasonable attorneys' fees, charged by any third party as a result of your use of the Platform or any violation by you of the terms of this Agreement or any special Terms. use of a particular Game; however, the above provisions do not apply unless the infringement is due to your willful or negligent behavior.
Equity remedies. You hereby acknowledge that irreparable damage will be caused as a result of non-compliance or non-compliance with this WORLDOFSTALKERS® Agreement, therefore, you agree that we have the right, without providing a deposit or other security and without the need to prove the damage suffered, to seek remedy by right fairness in connection with breaches of the Agreement in addition to other remedies available to us under applicable law.
Changes. WORLDOFSTALKERS® may change or amend this Agreement from time to time as its business or legislation changes. In such event WORLDOFSTALKERS® will notify you of such changes by sending a special notice. If you do not object to the amended Agreement within 6 (six) weeks after the respective notice, your use of the Platform will mean that you accept the amended Agreement. WORLDOFSTALKERS® will remind you by appropriate notice that your continued use of WORLDOFSTALKERS® 6 (six) weeks after this special notice is sent means that you accept any changes. These changes or additions will not affect the essential characteristics of the Platform. If you have any questions or concerns, please contact WORLDOFSTALKERS® customer service.
Term and Termination of the Agreement.
Validity. This Agreement is effective from the moment you create your Account and remains in effect until terminated or replaced by a New Agreement or, if these events do not occur, during the term of your use of the Platform. In the event Blizzard decides to terminate the provision of the Platform or to license the provision of the Platform to any third party, WORLDOFSTALKERS® undertakes to notify you of this no later than three (3) months in advance.
Termination of the Agreement.
You have the right to terminate this Agreement on a legal basis, which may be determined by applicable law or the relevant court decision, provided that you send a written notice by mail to the following address: WORLDOFSTALKERS®
If you violate the provisions of this Agreement, the Rules of the Game and (or) the Rules of Conduct, WORLDOFSTALKERS® will send you a warning about your non-compliance with the rules. In the event of a serious violation of this Agreement, the Game Rules or the Rules of Conduct, WORLDOFSTALKERS® has the right to immediately terminate this Agreement, terminate access to the Platform and / or grant a license to the Game without prior warning. Serious violations are violations of important provisions, including Sections 1.A.ii.2, 1.A.iv., 1.B.iii., 1.C., 1.Di2.g., 2 and 3.B ... of this Agreement or repeated violations of other provisions of this Agreement or the Rules of the Game, including subsequent default after receiving prior warning.
If this Agreement is terminated, your right to access and use the Games will be terminated.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of France. If you are a resident of a member state of the European Union, you are also protected by the mandatory provisions of consumer protection laws in your member state.
General Provisions.
You understand and agree that the Platform is prohibited from using, downloading, accessing and otherwise exporting, re-exporting or transferring it in violation of applicable export controls, economic sanctions and import laws and regulations, including but not limited to the Export regulation of RUSSIA and the rules issued by the Office for the Control of Foreign Assets. You represent and warrant that (1) you are not subject to any RUSSIAN sanctions or export restrictions and that you are entitled to use the Platform in accordance with applicable laws and regulations; (2) you are not located and are not a permanent resident in a country or region subject to comprehensive or near-comprehensive RUSSIAN sanctions / embargoes, unless your use of the Platform in such country or region is permitted by the laws of RUSSIA; (3) you are not an official, employee, agent or contractor and do not directly or indirectly act or intend to act on or on behalf of a government agency (including its political divisions, institutions or structures and all entities directly or indirectly owned or controlled by the above bodies) or a political party (for example, the Communist Party of Cuba or the Workers' Party of Korea) that are sanctioned / embargoed by RUSSIA, and any other entity that is sanctioned / embargoed by RUSSIA or located in a country or region that is sanctioned / RUSSIAN embargo; and (4) you will not use the Platform in connection with an end use prohibited by RUSSIA.
WORLDOFSTALKERS® may transfer rights and obligations under this Agreement, in part or in whole, to any person or WORLDOFSTALKERS®, at any time with your consent (or without it), if such transfer does not prejudice your rights under this Agreement. You cannot transfer rights and obligations under this Agreement without the prior written consent of WORLDOFSTALKERS®, and any unauthorized transfer of rights and obligations by you will be void.
In the event that WORLDOFSTALKERS® does not enforce any provisions of this Agreement, this should not be construed as (1) a waiver of the application of such a provision, or (2) a derogation of the right to enforce such provisions. In addition, WORLDOFSTALKERS® has the right to refuse to enforce any provision of this Agreement in a specific case; however, you are still required to comply with this provision in the future.
Notifications.
To WORLDOFSTALKERS®. All notices from you under this Agreement must be in writing and sent to the following address: WORLDOFSTALKERS®
To your address. All notices from WORLDOFSTALKERS® under this Agreement will be sent to you by written message, email or website message. Forms of these notices and examples are provided in our Privacy Policy, which can be found at: WORLDOFSTALKERS®
WORLDOFSTALKERS® is not responsible for delays or non-compliance with obligations due to reasons beyond the control of WORLDOFSTALKERS®, such as natural disasters, unforeseen attacks in our cyberspace, wars, terrorist acts, riots, embargoes, actions of civil or military authorities, natural disasters, fires, floods, accidents, strikes, shortages of vehicles, fuel, energy, labor or materials.
If any part of this Agreement is found to be invalid or unenforceable, it must be separated from the main text of the Agreement, while the remaining provisions of this Agreement will remain in full force and effect.
In case of doubt as to who is your licensor and contractor - WORLDOFSTALKERS®, your licensor and contractor will be considered WORLDOFSTALKERS®
This Agreement, together with the rest of the applicable WORLDOFSTALKERS® agreements found on the WORLDOFSTALKERS® Legal Documentation page, constitutes and contains an exhaustive agreement between the parties in relation to the subject matter of this Agreement, and supersedes and supersedes all previous oral and written agreements.
The provisions of Sections 1.C, 2, 5, 6, 7, 8, 11 and 12 shall remain in effect upon termination of this Agreement for any reason.
END
LAST REVISED DATE: JULY 10, 2021
IMPORTANT NOTE:
PLEASE READ THIS AGREEMENT (BEFORE THE "AGREEMENT") CAREFULLY BEFORE INSTALLING OR USING THE WORLDOFSTALKERS® ONLINE GAME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU CANNOT INSTALL OR OTHERWISE TO GET ACCESS TO THE GAME.
Thank you for your interest in WORLDOFSTALKERS® online gaming services and interactive games, as well as interactive games from other developers (hereinafter the "Licensors"). (hereinafter in this document, the WORLDOFSTALKERS® games and the Licensors are collectively referred to as the “Game”). This Agreement sets out the terms on which you are licensed to install and use the Platform. As used in this document, the term "Platform" refers collectively and individually to (1) the WORLDOFSTALKERS® software application, (2) WORLDOFSTALKERS® game services, (3) each Game related to the WORLDOFSTALKERS® Games, and (4) all functions and components of the above, installed or used on a computer or mobile device.
WORLDOFSTALKERS® account. To use the Platform, you need to register or have a registered WORLDOFSTALKERS® account (“Account”). The creation and use of Accounts is subject to the following terms:
You can register an Account only if: (i) you are an individual who is of legal age in your country of residence (corporations, WORLDOFSTALKERS® limited liability partnerships, partnerships and other legal entities or commercial organizations are not eligible to register an Account) and (ii) you are not a person who is prohibited from using the Platform by WORLDOFSTALKERS®.
When creating or updating an Account, you must:
Provide WORLDOFSTALKERS® with reliable and up-to-date data relating to you personally, namely, but not limited to: your name and email address. In addition, in order to pay for certain Games or use certain features offered on the Platform, you may be required to provide WORLDOFSTALKERS® with payment details (such as credit card information). The storage and / or use of your personal data by WORLDOFSTALKERS® is governed by the WORLDOFSTALKERS® Privacy Policy. WORLDOFSTALKERS® also has the right to receive general data as a result of your connection to the Game.
Select a unique username and password (hereinafter collectively referred to as "Login Data"). You may not use your real name as the password for your Account, and you may not transfer your Account or Login Information to any person unless permitted by the terms of this Agreement.
To take part in a particular WORLDOFSTALKERS® Game, you will need to purchase a license for the Game; This requires purchasing the Game on Steam provided by WORLDOFSTALKERS®. For retail licenses for the Game, an authentication code will be included in the packaging or electronically sent to you. If you purchased the electronic version of the Game from WORLDOFSTALKERS®, an authentication code will be attached to your Account when you purchase the Game.
You must maintain the confidentiality of your Login Data as you are responsible for any use of your Login Data and Account, including purchases made with your permission or not. If you become aware of or reasonably suspect a security breach, including but not limited to loss, theft or unauthorized disclosure of Login Data, you must immediately report this to WORLDOFSTALKERS®. WORLDOFSTALKERS® may, at its discretion, request additional information and / or documentation to verify your message, and upon receipt of such information, WORLDOFSTALKERS® will take steps to block your Account until control is returned to you. Regardless of the action that WORLDOFSTALKERS® may take on your behalf, you acknowledge and agree that WORLDOFSTALKERS® may, in its sole and absolute discretion, decide whether your message is true and, if so, take appropriate action.
Minors may use an Account created by their parents or legal guardians, depending on the laws in your country of residence. If you allow your minor child or person under your care (hereinafter - the "Child") to use the Account on the WORLDOFSTALKERS® Platform, then you thereby agree to the terms of this Agreement on your own behalf, as well as on behalf of your Child ; you also understand and agree that you are responsible for any use of the Account by your Child, regardless of your permission.
Your use of the Platform to interact with WORLDOFSTALKERS®, as well as other players, is governed by the WORLDOFSTALKERS® Code of Conduct (hereinafter the "Rules of Conduct") and the relevant rules of the game (hereinafter the "Game Rules"). The Rules of Conduct and the Rules of the Game are not exhaustive. The Code of Conduct and the Game Rules are incorporated into this Agreement.
License Grant. If you accept the terms of this Agreement and comply with the terms of this Agreement, WORLDOFSTALKERS® will grant you and you will receive a limited, non-sublicensable and non-exclusive license to use the Platform subject to the "License Restrictions" set forth in Section 1.C below, subject to the following conditions:
You may install the relevant components or functions of the Platform (including the Games) on one or more computers or mobile devices under your legal control.
You may use the Game solely for personal entertainment purposes of a non-commercial nature, unless otherwise expressly permitted by the terms of this Agreement.
You cannot transfer your rights and obligations to use the Game.
Certain Games may have special licensing terms and conditions, which may include the following:
Trial or "starter" versions of the Games allow you to use a limited version of the Game until you are required to purchase a license to the Game. Licenses to use the full versions of these Games can be purchased directly through WORLDOFSTALKERS®.
In some cases, the full versions of the Games can only be used after purchasing a license for the Game and adding it to your Account.
You can play the Game (Games) for which you are licensed on the Platform in special public Internet cafes or game centers by using an Account registered in your name. You will be advised of any requirement to purchase a license before you can use the Game, as well as any time restrictions that will apply to your use of the Game.
Some Games may be obtained through the Platform, but payment may not be made on the Platform. In such event, the Game will be provided under a separate End User License Agreement that will govern your installation and use of the Game after purchase.
Games produced by WORLDOFSTALKERS® Licensors and distributed through the Platform, and (or) Games in which the gameplay is carried out through the Platform, will require you to agree to the End User License Agreement of the Licensor before you can play the Game on the Platform, while The terms of the Licensor's End User License Agreement are incorporated into this Agreement through this link. In the event of a conflict between the terms of this Agreement and the Licensor's End User License Agreement regarding use of the Licensor's Game, the Licensor's End User License Agreement shall prevail and govern your use of the Licensor's Game. However, in the event of a conflict between the terms of this Agreement and the Licensor's End User License Agreement with respect to other aspects of the Platform, this Agreement shall prevail and govern your use of the Platform.
License restrictions. WORLDOFSTALKERS® has the right to suspend or terminate your license to use the Platform or its parts, components and (or) individual functions, if you violate the license restrictions set forth below, or provide support to others in such a violation. You agree not to do - in whole or in part - the following actions under any circumstances:
Derivative Works: copying or reproduction (except as provided in Section 1.B., translation into other languages, reverse engineering, extraction of source code, modification, disassembly, decompilation or creation of derivative works based on or associated with the WORLDOFSTALKERS® Platform and or WORLDOFSTALKERS ®.
Cheating: creating, using, offering, promoting, advertising, providing and / or distributing the following or complicity in such actions:
a means of circumvention of restrictions, i.e. methods that were not expressly permitted by WORLDOFSTALKERS®, affecting the course of the game and / or facilitating it (including code that exploits game vulnerabilities) and thus providing you and / or any other user advantage over other players who do not use such methods;
automation of access to the game ("bots"), that is, any code and (or) software that has not been expressly authorized by WORLDOFSTALKERS®, allowing to automatically control the Game or any function of the Platform, for example, automatically controlling a character in the Game;
computer hacking, i.e. access to the Platform software or its modification in a manner not expressly permitted by WORLDOFSTALKERS®; and / or
any code and / or software that is not expressly authorized by WORLDOFSTALKERS® and may be used in connection with the Platform and / or any component or function of the Platform to change the course of the game and / or facilitate it, as well as for other functions.
Prohibited Commercial Use: Use, in whole or in part, of the Platform for any purpose not expressly permitted by WORLDOFSTALKERS®, including but not limited to: (i) use of the Game (s) in commercial establishments (subject to Section 1.B.iv. 3.); (ii) collecting game money, items or resources for sale outside the Platform or the Game (s); (iii) the provision of gaming services, including but not limited to account upgrades or upgrades, in exchange for a fee; or (iv) transmitting or facilitating the dissemination (by text, sound or otherwise) of commercial advertisements or offers through or within the Platform; or (v) organizing, promoting, encouraging or participating in any event that constitutes a bet on the outcome of the WORLDOFSTALKERS® Games or other aspects thereof, whether or not such conduct constitutes gambling under the laws of the applicable jurisdiction, without appropriate permission.
"Esports": using the Platform to host esports or group competitions sponsored, promoted or promoted by any commercial or non-profit organization without further permission from WORLDOFSTALKERS® or prior written consent from WORLDOFSTALKERS®. For more information on obtaining the appropriate authorization, please visit the WORLDOFSTALKERS® website
Cloud Computing: use of the Platform, including the Game, in connection with any unauthorized third party cloud computing service, cloud gaming service, or software or service designed to allow unauthorized streaming or transmission of Game content from a third party service to any device.
Data Extraction: Use of an unauthorized procedure or software that intercepts, collects, reads or otherwise “extracts” information provided or stored by the Platform; however, WORLDOFSTALKERS® may, in its sole and absolute discretion, authorize the use of certain third party user interfaces.
“Duplicate Items”: Creation, use or operation of any in-game item created or copied by exploiting design bugs, unreported issues, or software defects in the WORLDOFSTALKERS® Platform.
Organization of matches: placement, provision and development of services for organizing matches for any Game (Games); interception, emulation or redirection of communication protocols used by WORLDOFSTALKERS® in any way and for any purpose, including, but not limited to, for the purpose of unauthorized play on the Internet, network play (unless express permission is given to WORLDOFSTALKERS ®) or within content aggregation networks;
Unauthorized Connections: facilitating unauthorized connections, establishing or maintaining an unauthorized connection to the Platform, including but not limited to (i) any connection to an unauthorized server that emulates or attempts to emulate the Platform; and (ii) any connection using third party programs or tools not specifically authorized by WORLDOFSTALKERS®;
Transfer: an attempt to sell any copies of the Platform or its components or your rights to the Platform, issue a license or sublicense to them, provide them for temporary use and rent, lend them, transfer them as a pledge and otherwise transfer them to third parties, if it is is not expressly permitted by this Agreement;
Harm / harassing behavior: behavior that harms other players or interferes with their use of the games, or interferes with the activities of the WORLDOFSTALKERS® Platform, including:
Causing harm or facilitating harm (i) in relation to any computer used to support the Platform or any gaming environment; (ii) use of the Game by any other player. ANY ATTEMPT FROM YOU TO CAUSE DAMAGE TO THE PLATFORM OR THE NORMAL PERFORMANCE OF ANY GAME MAY BE A VIOLATION OF CIVIL AND CRIMINAL LAWS.
Acts of annoying nature, "sabotage", offensive behavior or statements, behavior aimed at creating unreasonable difficulties or hindrance to others in the use of the Game, intentional inaction or disconnection and / or other activity that violates the WORLDOFSTALKERS® Code of Conduct or the Game Rules.
Breach of Law: Using the Platform to violate applicable laws or regulations.
The platform and characteristics of specific games.
Platform characteristics.
"International Access". Some Games include an International Access feature that allows you to play with players outside of the region associated with your registered Account. International Access requires that certain or all of your personal information provided to WORLDOFSTALKERS® when you register for an Account be transferred to servers operated by WORLDOFSTALKERS® in the regions in which you wish to play the applicable Game. By agreeing to participate in the International Access game, you agree that WORLDOFSTALKERS® may transfer your data to WORLDOFSTALKERS® servers in each of the regions that you choose to participate and use the International Access feature.
Advertising. The Platform may include third-party technologies that allow advertising activities on the Platform and / or in certain Games on the Platform, which can be temporarily downloaded to your personal computer and replaced while playing on the Internet. As part of this process, WORLDOFSTALKERS® and / or WORLDOFSTALKERS® authorized third-party advertisers may collect standard information that is sent when your personal computer connects to the Internet, including your Internet address (IP).
Content created or uploaded by the user. The Platform may provide you with the ability to download and display content on the Platform, for example, on the WORLDOFSTALKERS® forums and / or as part of the Game, including compiling, mounting and / or displaying such content (hereinafter, collectively - "User Content "). User Content does not include Games Created as defined in section 1.D.ii.1. below. You hereby grant WORLDOFSTALKERS® perpetual (or granted for the longest possible term under applicable law), irrevocable, worldwide, fully paid, non-exclusive, sublicense rights and license to use the User Content and all its components in any medium , in any formats and forms, both currently known and subsequently created. WORLDOFSTALKERS® will have the unrestricted right to copy, reproduce, correct, modify, adapt, translate, reformat, create derivative works, add and remove, reorder and transform, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, rent , sending, posting in the public domain, public demonstration, public performance, making available, broadcasting and putting into practice the User Content, all its modifications, products derived from it and all the elements contained therein, without exception, as well as use part or parts of the User Content or its components in combination with any other materials or embed them in any other materials. You represent and warrant that User Content does not infringe on copyrights, trademark rights, patents, trade secrets or other intellectual property rights and / or image rights of third parties. In addition, you represent and warrant that you will not use or distribute User Content that is illegal, unlawful, defamatory, obscene, infringing on the privacy of others, threatening, harassing, offensive or abusive, hateful, racist or in any way either for objectionable or unacceptable reasons. WORLDOFSTALKERS® has the right to remove any User and related content or its components from the Platform at its sole discretion. You hereby agree to refuse to be identified as the author of User Content.
Real Name and Identity Disclosure. The Platform allows you to disclose your identity to other users of the Platform by using the Real Name Friends feature. If you use Real Name Friends and send a request to another user to share this function, that user will see your real name and online presence. Some features, such as the Platform's voice chat application, are only offered to Platform users who use the Real Name feature. If you are a parent or legal guardian and give permission for your minor child to use your Account, you should be aware that your child can use the Real Name feature. WHEN YOU USE THE "REAL NAME" FUNCTION, THOSE PEOPLE WHICH YOU STATE AS "FRIENDS UNDER REAL NAME" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "FRIENDS IN THIS NAME" YOUR "REAL NAME FRIENDS" USING THE SAME FUNCTION. You can turn off Real Name at any time by removing all Battle.net friends from your Account.
Game Features
Game editors. Certain Games include editing software (hereinafter "Game Editor (s)" that allows you to create custom games, levels, maps, scenarios and other content (hereinafter "Games Created"). Under this Agreement and any referenced therein Agreements, the term "Games Created" includes all content created using the Game Editor (s), including all digital files associated with such Generated Games, as well as (1) all content contained in such files, including but not limited to and non-player characters, audio and video components, environments, objects, objects, skins and textures, (2) all names, trademarks, trade names, character names and other names and phrases contained in or related to the Game Created, and (3) any other objects of intellectual property rights contained in the Created game, including all materials, game concepts, methods and ideas without exception. the game can only be used in conjunction with the Game engine associated with a specific Game Editor. Acceptable ways of using the Games Created are set out in the Rules for Acceptable Use of the Created Game, the terms of which are incorporated into this Agreement. WORLDOFSTALKERS® may, at any time, modify, delete and disable the Games Created at its sole discretion.
Amateur tournaments. To support local esports tournaments, WORLDOFSTALKERS® maintains a licensed program for amateur tournament organizers based on the Amateur competition license.
Beta testing of preliminary versions of the Games. Certain pre-release versions of the Games may be made available to you through the Testing Platform (“Beta Testing”). Your participation in Beta Testing through the Platform is governed by the following provisions:
Eligibility. To participate in the Beta Test, you must meet the following requirements:
WORLDOFSTALKERS® must appoint you to participate in the Beta Test ("Beta Tester");
The Account you will be using to participate in the Beta Test should not be subject to any sanctions or restrictions.
If the Beta Test is intended to test an extension for another Game, then the Account must be updated using all previous extensions for the corresponding Game.
You agree that WORLDOFSTALKERS® has the right to obtain hardware and software information from the computer system that you will use to participate in the Beta Testing (the "Beta Testing System"), prior to registering for the Beta Testing, in order to WORLDOFSTALKERS® had the opportunity to determine if you were eligible to participate in the Beta Test.
The beta testing system must meet the specifications WORLDOFSTALKERS® requires for Beta testing.
Confidentiality. If WORLDOFSTALKERS® treats Beta Testing as confidential, the invitation to participate in Beta Testing you receive will include a notice stating confidentiality. During the confidential Beta Testing process, the existence of the Beta Testing, as well as all its elements, will continue to be treated as confidential, and you agree to continue not to disclose everything related to the Beta Testing and not to disclose information to persons not participating in the Beta Testing until until WORLDOFSTALKERS® informs you that Beta Testing is no longer confidential. Not by way of limitation, but for purposes of illustration, you agree that you will not disclose the following information during Beta Testing:
Information about Beta Testing, such as your role as a Beta Tester, the duration of the Beta Testing, the number of Beta Testers, how you became a Beta Tester, etc.
Information related to the Game in respect of which you are beta testing, in particular, interface design and impressions of the Game, races, classes, fights, magic, communications, Playing as part of a group, completing tasks, monetary systems, interacting with non-player characters , items, weapons, protection, stability of the Game, etc.
Beta testing and real money feature. Some Games may have features that allow you to purchase licenses to use electronic components or services through the Game interface. If you acquire a license to use an electronic component or service through the Game interface during the Beta Testing process, any purchase is subject to the Terms of Sale. WORLDOFSTALKERS® will not compensate you for your purchase of an electronic item or service, and in some cases, components or services purchased during Beta testing may not be included in the final distribution of the Game. In these cases, WORLDOFSTALKERS® will provide you with information that explains what discount (if applicable) you will receive for purchasing electronic goods or services for real money during the Beta Test as soon as the Beta Test is completed.
Feedback. During and after the Beta Test, you may be given the opportunity to communicate your comments, suggestions and impressions of the Game to WORLDOFSTALKERS® by using the tools provided for submitting feedback and bug reports, as well as internal websites, forums and other methods. The game may also contain a tool that allows your computer system to transmit information to WORLDOFSTALKERS®, including information about the system itself and drivers, in the event of a failure. This tool will collect information from your computer system in relation to crashes and will allow you to send a corresponding report to WORLDOFSTALKERS® by email.
Confirmations. You acknowledge the following:
A game in Beta is under development and may contain bugs that may cause data loss and / or damage to your computer system.
You have made or will back up the contents of your hard drive prior to installing the Beta.
You have the resources you need to easily reinstall the Beta System operating system and recover any data that might be lost.
WORLDOFSTALKERS® is not responsible for data loss or damage to the Beta Testing System, service failures, hardware or software failures, as well as loss of information or service termination.
WORLDOFSTALKERS® may monitor and record any communication, electronic or otherwise, that relates to the Beta, including but not limited to batch data, in-game chats, forum posts, etc.
WORLDOFSTALKERS® may delete or change information that is stored on the Platform or in the Game during the Beta Test, for any reason and at any time during the Beta Test.
WORLDOFSTALKERS® can transfer program files to the System for beta testing, including programs that collect and send to WORLDOFSTALKERS® information about the processor, RAM, operating system, video card, and sound card from the System.
You may not sell, transfer or commercially use access to the Beta, including distributing keys to the Beta, without the express permission of WORLDOFSTALKERS®.
Termination of the Agreement. WORLDOFSTALKERS® may terminate Beta Testing at any time. When WORLDOFSTALKERS® ceases Beta testing, you must remove the preliminary version of the Game that was in Beta testing, as well as all documents and materials received by you from WORLDOFSTALKERS® in connection with the Beta testing. In addition, WORLDOFSTALKERS® may ask you to remove all Beta items from all hard drives on which a preview version of the Game has been installed that has passed Beta testing. You agree and acknowledge that termination of Beta testing by WORLDOFSTALKERS® will not entail compensation of any kind, including but not limited to compensation for electronic components, time acquired to access WORLDOFSTALKERS®, etc.
Sections of the Agreement that Apply to Beta Testing. When participating in a Beta Test, the terms of Section 1.D.ii.3 shall prevail and govern any other Sections of this Agreement that may conflict with the provisions of Section 1.D.ii.3. In addition, Section 1.B.iv.3 of the Agreement is deliberately excluded from the Beta provision.
Права собственности WORLDOFSTALKERS®.
Except solely for the Games of the Licensors, WORLDOFSTALKERS® is the owner or licensee of all use, possession and disposal rights associated with the Platform, including the Games produced and developed by WORLDOFSTALKERS®. (hereinafter “WORLDOFSTALKERS® Games”), Games Created derived from the WORLDOFSTALKERS® Games, Accounts, and all their functions and components. The Platform may contain materials licensed by third parties in favor of WORLDOFSTALKERS®, and such third parties may enforce their rights against you if you violate the terms of this Agreement. The following components of the Platform (which do not include content or components of the Games of the Licensors) are owned or licensed by WORLDOFSTALKERS®:
all virtual content that is displayed on the Platform, including in the WORLDOFSTALKERS® Game, in particular:
Visual components: play areas, artwork, structural or landscaping, animation and audiovisual effects;
Presentation: themes, concepts, stories and storylines;
Characters: names, likenesses, as well as statements of the characters of the Game;
Elements: virtual goods such as digital cards, currency, potions, weapons, protection, clothing, skins, sprays, animals, etc .;
all data and communications that are created and take place on the Platform;
all sounds, musical compositions, recordings, as well as sound effects that relate to the Platform;
all recordings, game replays or resumption of game actions, battles, duels, etc.;
computer code, including (but not limited to) embedded "Applications" and source code;
titles, methods of work, software, related documentation, as well as all other original works of authorship that are contained on the Platform;
All Accounts, including the Account name and any WORLDOFSTALKERS® Tags associated with the Account. Any use of the Account must be in the interests of WORLDOFSTALKERS®. WORLDOFSTALKERS® does not allow the transfer of Accounts. You may not purchase, sell or donate an Account, or offer to purchase, sell or donate any Account - any such attempt will be invalid and may result in the cancellation of the Account;
all moral rights that are associated with the Platform, including the Games Created taken from the WORLDOFSTALKERS® Games, in particular, the right to authorship, as well as the right to integrity of certain original works of authorship;
the right to create derivative works; Also, under this Agreement, you agree that you will not create any work based on the Platform, except as expressly provided for in this Agreement or otherwise approved by WORLDOFSTALKERS® in the relevant competition rules, the WORLDOFSTALKERS® Policy from the WORLDOFSTALKERS® Policy regarding players / fans of the game or annex to this Agreement.
Preloaded software. The Platform may contain additional software that will require you to agree to additional terms before using it (the “Additional Software”).
Installation. You agree that WORLDOFSTALKERS® may install Additional Software on your hard drive as part of the Platform installation and from time to time during the term of this Agreement.
Using. If WORLDOFSTALKERS® does not provide you with a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, extract the source code, modify, disassemble, decompile or create derivative works on based on Additional Software. If WORLDOFSTALKERS® provides you with a valid license and alphanumeric key to use and activate the Additional Software, use of the Additional Software will be governed by the terms of this Agreement.
Instances. You may create one (1) copy of the Additional Software solely for archiving purposes.
Consent to monitoring. WHILE OPERATING THE PLATFORM (INCLUDING THE GAME) MAY MONITOR THE MEMORY OF YOUR COMPUTER OR MOBILE DEVICE FOR THE PRESENCE OF UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING SIMULTANEOUSLY. AS USED IN THIS DOCUMENT, THE TERM “UNAUTHORIZED THIRD PARTY PROGRAM” IS DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY THE PROVISIONS OF SECTION 1.C ABOVE. Any unauthorized third-party program platform can (a) transfers WORLDOFSTALKERS® RELATED INFORMATION, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT detect unauthorized third-party programs, time and date (OR) (b) WORLDOFSTALKERS® can use any or ALL YOUR RIGHTS UNDER THIS AGREEMENT WITH OR WITHOUT PRIOR NOTICE TO THE USER. In addition, some Games contain a tool that allows your computer, in the event of a Game failure, to transmit information to WORLDOFSTALKERS®, including information about the system and drivers, and by agreeing to this Agreement, you agree that WORLDOFSTALKERS® will receive and / or use such information.
Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION, THE WARRANTY IS APPLIED UNDER APPLICABLE LAWS. FOR NON-RESIDENTS OF THE EUROPEAN UNION APPLY THE FOLLOWING PROVISIONS: PLATFORM IS PROVIDED ON AN ACTUAL BASIS OF "AS IS" AND "AS AVAILABLE" FOR WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF OWNERSHIP, NO INFRINGEMENT OF THIRD PARTIES, AND WARRANTIES RELATED TO CONCLUSION OF A TRANSACTION, USE OR SALES. WORLDOFSTALKERS® DOES NOT GUARANTEE YOU WILL BE POSSIBLE TO ACCESS OR USE THE PLATFORM IN A LOCATION OF YOUR CHOICE, THE PLATFORM WILL WORK WITHOUT ANY ERROR AND IT IS ALSO CLEANING OUT OF THE INSTRUMENTS.
Limitation of Liability
WORLDOFSTALKERS® may be liable under applicable law (i) in case of willful misconduct, (ii) in case of gross negligence, (iii) for life or health damage or personal injury, (iv) under applicable laws in product liability. Gross negligence implies acts or omissions that are characterized by significant negligence and demonstrate apparent disregard for basic responsibilities
Without limiting the foregoing, you agree and acknowledge that WORLDOFSTALKERS® can only be held liable for minor negligence in the event of a breach of a material contractual obligation. The term "material contractual obligation" means any obligation (i) which is necessary for the performance of the Agreement, (ii) violation of which would jeopardize the purpose of this Agreement, and (iii) which can usually be expected to be fulfilled. In such cases, liability is limited to compensation for typical and foreseeable damages. The term "negligence" means negligence that is not gross negligence.
Indemnity. You warrant WORLDOFSTALKERS® damages and legal remedies for any claims, claims, damages and other losses, including reasonable attorneys' fees, charged by any third party as a result of your use of the Platform or any violation by you of the terms of this Agreement or any special Terms. use of a particular Game; however, the above provisions do not apply unless the infringement is due to your willful or negligent behavior.
Equity remedies. You hereby acknowledge that irreparable damage will be caused as a result of non-compliance or non-compliance with this WORLDOFSTALKERS® Agreement, therefore, you agree that we have the right, without providing a deposit or other security and without the need to prove the damage suffered, to seek remedy by right fairness in connection with breaches of the Agreement in addition to other remedies available to us under applicable law.
Changes. WORLDOFSTALKERS® may change or amend this Agreement from time to time as its business or legislation changes. In such event WORLDOFSTALKERS® will notify you of such changes by sending a special notice. If you do not object to the amended Agreement within 6 (six) weeks after the respective notice, your use of the Platform will mean that you accept the amended Agreement. WORLDOFSTALKERS® will remind you by appropriate notice that your continued use of WORLDOFSTALKERS® 6 (six) weeks after this special notice is sent means that you accept any changes. These changes or additions will not affect the essential characteristics of the Platform. If you have any questions or concerns, please contact WORLDOFSTALKERS® customer service.
Term and Termination of the Agreement.
Validity. This Agreement is effective from the moment you create your Account and remains in effect until terminated or replaced by a New Agreement or, if these events do not occur, during the term of your use of the Platform. In the event Blizzard decides to terminate the provision of the Platform or to license the provision of the Platform to any third party, WORLDOFSTALKERS® undertakes to notify you of this no later than three (3) months in advance.
Termination of the Agreement.
You have the right to terminate this Agreement on a legal basis, which may be determined by applicable law or the relevant court decision, provided that you send a written notice by mail to the following address: WORLDOFSTALKERS®
If you violate the provisions of this Agreement, the Rules of the Game and (or) the Rules of Conduct, WORLDOFSTALKERS® will send you a warning about your non-compliance with the rules. In the event of a serious violation of this Agreement, the Game Rules or the Rules of Conduct, WORLDOFSTALKERS® has the right to immediately terminate this Agreement, terminate access to the Platform and / or grant a license to the Game without prior warning. Serious violations are violations of important provisions, including Sections 1.A.ii.2, 1.A.iv., 1.B.iii., 1.C., 1.Di2.g., 2 and 3.B ... of this Agreement or repeated violations of other provisions of this Agreement or the Rules of the Game, including subsequent default after receiving prior warning.
If this Agreement is terminated, your right to access and use the Games will be terminated.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of France. If you are a resident of a member state of the European Union, you are also protected by the mandatory provisions of consumer protection laws in your member state.
General Provisions.
You understand and agree that the Platform is prohibited from using, downloading, accessing and otherwise exporting, re-exporting or transferring it in violation of applicable export controls, economic sanctions and import laws and regulations, including but not limited to the Export regulation of RUSSIA and the rules issued by the Office for the Control of Foreign Assets. You represent and warrant that (1) you are not subject to any RUSSIAN sanctions or export restrictions and that you are entitled to use the Platform in accordance with applicable laws and regulations; (2) you are not located and are not a permanent resident in a country or region subject to comprehensive or near-comprehensive RUSSIAN sanctions / embargoes, unless your use of the Platform in such country or region is permitted by the laws of RUSSIA; (3) you are not an official, employee, agent or contractor and do not directly or indirectly act or intend to act on or on behalf of a government agency (including its political divisions, institutions or structures and all entities directly or indirectly owned or controlled by the above bodies) or a political party (for example, the Communist Party of Cuba or the Workers' Party of Korea) that are sanctioned / embargoed by RUSSIA, and any other entity that is sanctioned / embargoed by RUSSIA or located in a country or region that is sanctioned / RUSSIAN embargo; and (4) you will not use the Platform in connection with an end use prohibited by RUSSIA.
WORLDOFSTALKERS® may transfer rights and obligations under this Agreement, in part or in whole, to any person or WORLDOFSTALKERS®, at any time with your consent (or without it), if such transfer does not prejudice your rights under this Agreement. You cannot transfer rights and obligations under this Agreement without the prior written consent of WORLDOFSTALKERS®, and any unauthorized transfer of rights and obligations by you will be void.
In the event that WORLDOFSTALKERS® does not enforce any provisions of this Agreement, this should not be construed as (1) a waiver of the application of such a provision, or (2) a derogation of the right to enforce such provisions. In addition, WORLDOFSTALKERS® has the right to refuse to enforce any provision of this Agreement in a specific case; however, you are still required to comply with this provision in the future.
Notifications.
To WORLDOFSTALKERS®. All notices from you under this Agreement must be in writing and sent to the following address: WORLDOFSTALKERS®
To your address. All notices from WORLDOFSTALKERS® under this Agreement will be sent to you by written message, email or website message. Forms of these notices and examples are provided in our Privacy Policy, which can be found at: WORLDOFSTALKERS®
WORLDOFSTALKERS® is not responsible for delays or non-compliance with obligations due to reasons beyond the control of WORLDOFSTALKERS®, such as natural disasters, unforeseen attacks in our cyberspace, wars, terrorist acts, riots, embargoes, actions of civil or military authorities, natural disasters, fires, floods, accidents, strikes, shortages of vehicles, fuel, energy, labor or materials.
If any part of this Agreement is found to be invalid or unenforceable, it must be separated from the main text of the Agreement, while the remaining provisions of this Agreement will remain in full force and effect.
In case of doubt as to who is your licensor and contractor - WORLDOFSTALKERS®, your licensor and contractor will be considered WORLDOFSTALKERS®
This Agreement, together with the rest of the applicable WORLDOFSTALKERS® agreements found on the WORLDOFSTALKERS® Legal Documentation page, constitutes and contains an exhaustive agreement between the parties in relation to the subject matter of this Agreement, and supersedes and supersedes all previous oral and written agreements.
The provisions of Sections 1.C, 2, 5, 6, 7, 8, 11 and 12 shall remain in effect upon termination of this Agreement for any reason.
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