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LICENSE AGREEMENT-OFFER
This Agreement is a public license agreement-offer (offer) of the Limited Liability Company "" (hereinafter referred to as the Company) with an individual (hereinafter referred to as the User) who will accept this offer on the conditions specified below.
The text of this License Agreement-Offer (hereinafter referred to as the Agreement/Offer) is located at:
1. Concepts and definitions
1.1. The Company is a limited liability company "", which has the rights to distribute License Keys among Users. The Company does not have the exclusive right to the results of intellectual activity and does not independently grant the User any licensing rights to distributed Computer Games.
1.2. User - an individual who has a Personal Account on the Site, who has reached the age of 18 or 14 years old, who has received the consent of their legal representatives (parents, guardians, adoptive parents) to accept the terms of this Offer and / or to dispose of personal funds for the purposes established by this Offer who made the acceptance of this Offer.
1.3. Website (hereinafter referred to as the Website) is a set of automated information data available on the Internet at the network address in the domain:
1.4. Registration - filling in the credentials (email, password) in the registration form on the Site. As a result of registration, a personal User account (Personal Account) is automatically created to access the services of the Site.
1.5. Personal account - a set of pages of the Site protected by technical means, which are the User's personal section on the Site, to which the User gains access after registering and / or authorizing on the Site. The Personal Account is intended for concluding, executing, terminating civil law transactions with the Company, using additional functionality of the Site, viewing and managing the available functionality of the Site, receiving discounts on the service, sending messages, notifications to the Company, as well as performing other actions provided for explicit functions of the Personal Account.
1.6. Computer game - a computer program that serves to organize the gaming process and contains text, digital, graphic, sound, music, video, photos and other information, including objects of copyright and related rights. The description of the Computer game, the procedure and conditions for its activation, as well as the system requirements for the computer necessary for its installation and playback are contained on the Site in the section of each specific Computer game selected by the User.
1.7. Installation - the installation of a Computer Game (recording all the files necessary for its operation in the appropriate places of the computer file system), performed by a special program (package manager) present in the computer operating system.
1.8. Distribution kit - a method of storing and transferring a Computer Game, which is a set of files and software protection components for its initial installation.
1.9. Downloading is the recording of the Computer Game in the memory of the User's computer, carried out in the process of data transfer via the Internet computer network.
1.10. License key — a unique set of characters that allows the right holder to identify an instance of the Computer Game and is a means of protecting the Computer Game from misuse.
1.11. Activation Service - an online service located on the Internet, where the License Key is activated in order to purchase the Computer Game.
1.12. Pre-order - a statement of the User's intention, confirmed by payment, to purchase a License Key for the Computer Game before the date of official publication (release) of the Computer Game by its copyright holder.
2. Subject of the Agreement
2.1. From the moment the User accepts this Offer, the Company grants the User a non-exclusive license to play each Computer Game selected by the User when Ordering by providing a License Key.
2.2. The User is notified that the activation of the License Key may require the Installation of additional software, registration on the Website of the copyright holder (licensor) and / or acceptance of the terms of the license agreement of the copyright holder with the end user.
2.3. The User is not entitled to transfer the right to use the License Key. An exception is set out in paragraphs. 5.4.2. Offers.
2.4. Under this Agreement, the Company grants the User the right to use the License Key in accordance with its direct purpose.
3. Registration procedure
3.1. Registration on the Site is carried out by the User on his own by filling out an electronic form posted on the Site.
3.2. By registering on the Site, the User confirms that he is familiar with the New Jerty Privacy Policy, as well as with the terms of this Agreement.
3.3. As a result of registration on the Site, the User gets access to the Personal Account containing information about the User, as well as about the orders and pre-orders made by him.
3.4. To access the Personal Account, the User must enter a user ID (login) and a password. The User is obliged to keep the data from his Personal Account confidential. It is forbidden to transfer this information to third parties. The password for access to the Personal Account is an analogue of the User's handwritten signature and serves to identify the User when executing the Agreement.
4. The procedure for providing the License key
4.1. The acquisition of the License Key is carried out by the User independently by accepting the Offer. The acceptance of this Offer is a transfer of funds to the Company's settlement account.
4.2. After Accepting the Offer, the Company transfers the License Key to the User by placing it in the User's Personal Account in the "Orders" section and sending it to the User's e-mail, to which he registered the Personal Account on the Site.
4.3. Pre-order of the License key is carried out in accordance with clause 4.1. – 4.2. actual agreement.
4.3.1. The term for the transfer of the License Key is within 3 working days from the date of official publication (release) of the Computer Game by its copyright holder.
4.4. Return:
4.4.1. The User has the right to demand a refund for the paid License Key by sending an application for a refund in writing to the Company's e-mail - JertQ@newjertycomp.ru The email must contain the subject "Refund" or "Return Application".
4.4.2. The User is not entitled to demand a refund for the ordered and / or pre-ordered License Key after receipt, provided that it is of proper quality.
4.4.3. A good quality License Key means a License Key that can be used for its intended purpose, i.e. to activate a Computer Game that is protected from misuse by third parties.
4.4.4. Refunds for the License Key are carried out by the Company no later than 10 (ten) calendar days from the date of receipt of the User's application for a refund. The moment of return is the moment of debiting funds from the Company's settlement account. The term for crediting funds to the User's bank account depends on the transfer conditions established by the payment system.
5. Rights and obligations of the parties
5.1. The company undertakes:
5.1.1. Provide the User with the License Key within one calendar day from the moment the User pays for the License Key.
5.1.2. Provide the User with the License Key purchased by Pre-Order, in accordance with the period specified on the Site. The term for the provision of the License Key purchased under the Pre-Order may be delayed in time until the date of official publication (release) of the Computer Game by its copyright holder.
5.1.3. Comply with the terms of confidentiality.
5.2. The company has the right:
5.2.1. Temporarily suspend access to the User's Personal Account for technical, technological or other reasons that prevent access to the User's Personal Account, while such reasons are eliminated.
5.2.2. Suspend this Agreement and (or) terminate the Agreement unilaterally out of court by notifying the User in cases of violation by the User of obligations and (or) guarantees accepted in accordance with the Agreement, if the Company has information received from third parties and (or) state bodies of the Russian Federation on the acquisition by the User of License Keys for purposes related to entrepreneurial activities, as well as in case of violation by the User of the principles of business ethics of communication, in particular the use of profanity when communicating with employees (representatives) of the Company, as well as in other cases at its own discretion.
5.3. The user undertakes:
5.3.1. Independently study the text of this Offer, posted at:
5.3.2. Pay the Company's License Fee in accordance with the terms of this Agreement.
5.3.3. Before acquiring a License Key, read the description of the Computer Game, for the activation of which the License Key is purchased, the procedure for its use on the Activation Service, as well as the system requirements for the computer necessary for the Installation and playback of the Computer Game contained on the Site in the section of each specific Computer game selected by the User.
5.3.4. Do not transfer your login and password from the Personal Account to third parties. All actions carried out on the Site using the User's login and password are considered to be carried out by the User. The Company is not responsible for the unauthorized use of the User's registration data by third parties.
5.3.5. Do not license, sublicense, resell, transfer, decompile, disassemble, alienate, distribute or use the Site, as well as the License Keys in ways not provided for by the Offer.
5.3.6. In case of non-receipt of the License Key, inform the Company about it no later than 7 (seven) days from the date of payment of the License Fee. If the Company does not receive a notification from the User about non-receipt of the License Key within the specified period, the Company's obligations to transfer the License Keys to the User are considered to be duly and fully performed.
5.3.7. Familiarize yourself with the conditions for activating the License Key specified in the Game Card until the moment of payment of the License Fee, including the terms of the Licensor:
5.4. The user has the right:
5.4.1. Contact the Company for more information about the Computer Game.
5.4.2. Gift the purchased and non-activated License Key to another individual.
6. Contract price and payment procedure
6.1. The cost of the License Key is determined on the Site. The Company has the right to unilaterally change its cost by posting new prices on the Site.
6.2. The price of the Agreement is the license fee, which is paid by the User on a prepaid basis by any of the methods indicated on the Site. The license fee is not subject to VAT on the basis of paragraphs. 26 p. 2 art. 149 of the Tax Code of the Russian Federation.
6.3. The moment of payment by the User under the Agreement is the receipt of funds to the settlement account of the Company.
6.4. All bank or other commission payments related to the payment of the cost of providing License Keys for Computer Games are paid by the User.
7. Guarantees and liability of the Parties
7.1. The Company guarantees that it has all legal grounds to fulfill its obligations under this Offer.
7.2. The User guarantees that under no circumstances will he reverse engineer, decompile or otherwise transform the License Keys or modify the License Keys.
7.3. The User guarantees that he acquires the License Keys for personal use.
7.4. The Company is not responsible for direct and / or indirect damage caused to the User, and also does not compensate the User for losses (including lost profits) incurred by the User as a result of inadequate quality of public communication channels, traffic exchange policies between providers, improper functioning of the Internet or for the quality of communication lines that are not related to the Company's own resources, and for their availability to the User.
7.5. The Company is not responsible, and also does not reimburse the User for losses incurred by the User as a result of:
7.5.1. unauthorized intervention of the User and/or third parties at the request of the User in the source code or software components of the Computer Game or the License Key;
7.5.2. indication by the User of false information when registering on the Site;
7.5.3. blocking of the License Key by the right holder and/or licensor;
7.5.4. identifying deficiencies in the Computer Games identified after the User received the License Key.
7.6. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures. Force majeure circumstances include events that the parties cannot influence and for the occurrence of which are not responsible: earthquake, flood, fire, strikes, violent or military actions of any nature, decisions of state authorities that impede the implementation of this Agreement.
7.7. On all issues not regulated by this Offer, as well as in resolving disputes that arose in the process of its execution, the Parties are guided by the current legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory for the Parties:
7.7.1. The claim is sent by e-mail.
7.7.2. The Party that received the claim is obliged to send a reasoned response to it to the other Party no later than 5 (five) days from the date of receipt of the claim.
7.7.3. If no agreement is reached, the dispute is referred to the judicial authorities in accordance with the legislation of the Russian Federation.
7.8. The User guarantees that before accepting this Offer, he has read the description of the program, the requirements for the system and hardware platform, the terms of delivery and other information related to the License Keys and the granting of rights to them posted on the Site.
8. Final provisions
8.1. This Agreement is termless.
8.2. The Parties acknowledge that notifications and messages from the User to the Company are considered properly sent only if they are in writing, indicating all the data necessary to identify the User.
8.3. Each of the Parties undertakes to act in good faith, sign and properly hand over the documents and take other actions that may be required for the execution of the Agreement.
8.4. This Agreement is drawn up in accordance with the current legislation of the Russian Federation.
This Agreement is a public license agreement-offer (offer) of the Limited Liability Company "" (hereinafter referred to as the Company) with an individual (hereinafter referred to as the User) who will accept this offer on the conditions specified below.
The text of this License Agreement-Offer (hereinafter referred to as the Agreement/Offer) is located at:
1. Concepts and definitions
1.1. The Company is a limited liability company "", which has the rights to distribute License Keys among Users. The Company does not have the exclusive right to the results of intellectual activity and does not independently grant the User any licensing rights to distributed Computer Games.
1.2. User - an individual who has a Personal Account on the Site, who has reached the age of 18 or 14 years old, who has received the consent of their legal representatives (parents, guardians, adoptive parents) to accept the terms of this Offer and / or to dispose of personal funds for the purposes established by this Offer who made the acceptance of this Offer.
1.3. Website (hereinafter referred to as the Website) is a set of automated information data available on the Internet at the network address in the domain:
1.4. Registration - filling in the credentials (email, password) in the registration form on the Site. As a result of registration, a personal User account (Personal Account) is automatically created to access the services of the Site.
1.5. Personal account - a set of pages of the Site protected by technical means, which are the User's personal section on the Site, to which the User gains access after registering and / or authorizing on the Site. The Personal Account is intended for concluding, executing, terminating civil law transactions with the Company, using additional functionality of the Site, viewing and managing the available functionality of the Site, receiving discounts on the service, sending messages, notifications to the Company, as well as performing other actions provided for explicit functions of the Personal Account.
1.6. Computer game - a computer program that serves to organize the gaming process and contains text, digital, graphic, sound, music, video, photos and other information, including objects of copyright and related rights. The description of the Computer game, the procedure and conditions for its activation, as well as the system requirements for the computer necessary for its installation and playback are contained on the Site in the section of each specific Computer game selected by the User.
1.7. Installation - the installation of a Computer Game (recording all the files necessary for its operation in the appropriate places of the computer file system), performed by a special program (package manager) present in the computer operating system.
1.8. Distribution kit - a method of storing and transferring a Computer Game, which is a set of files and software protection components for its initial installation.
1.9. Downloading is the recording of the Computer Game in the memory of the User's computer, carried out in the process of data transfer via the Internet computer network.
1.10. License key — a unique set of characters that allows the right holder to identify an instance of the Computer Game and is a means of protecting the Computer Game from misuse.
1.11. Activation Service - an online service located on the Internet, where the License Key is activated in order to purchase the Computer Game.
1.12. Pre-order - a statement of the User's intention, confirmed by payment, to purchase a License Key for the Computer Game before the date of official publication (release) of the Computer Game by its copyright holder.
2. Subject of the Agreement
2.1. From the moment the User accepts this Offer, the Company grants the User a non-exclusive license to play each Computer Game selected by the User when Ordering by providing a License Key.
2.2. The User is notified that the activation of the License Key may require the Installation of additional software, registration on the Website of the copyright holder (licensor) and / or acceptance of the terms of the license agreement of the copyright holder with the end user.
2.3. The User is not entitled to transfer the right to use the License Key. An exception is set out in paragraphs. 5.4.2. Offers.
2.4. Under this Agreement, the Company grants the User the right to use the License Key in accordance with its direct purpose.
3. Registration procedure
3.1. Registration on the Site is carried out by the User on his own by filling out an electronic form posted on the Site.
3.2. By registering on the Site, the User confirms that he is familiar with the New Jerty Privacy Policy, as well as with the terms of this Agreement.
3.3. As a result of registration on the Site, the User gets access to the Personal Account containing information about the User, as well as about the orders and pre-orders made by him.
3.4. To access the Personal Account, the User must enter a user ID (login) and a password. The User is obliged to keep the data from his Personal Account confidential. It is forbidden to transfer this information to third parties. The password for access to the Personal Account is an analogue of the User's handwritten signature and serves to identify the User when executing the Agreement.
4. The procedure for providing the License key
4.1. The acquisition of the License Key is carried out by the User independently by accepting the Offer. The acceptance of this Offer is a transfer of funds to the Company's settlement account.
4.2. After Accepting the Offer, the Company transfers the License Key to the User by placing it in the User's Personal Account in the "Orders" section and sending it to the User's e-mail, to which he registered the Personal Account on the Site.
4.3. Pre-order of the License key is carried out in accordance with clause 4.1. – 4.2. actual agreement.
4.3.1. The term for the transfer of the License Key is within 3 working days from the date of official publication (release) of the Computer Game by its copyright holder.
4.4. Return:
4.4.1. The User has the right to demand a refund for the paid License Key by sending an application for a refund in writing to the Company's e-mail - JertQ@newjertycomp.ru The email must contain the subject "Refund" or "Return Application".
4.4.2. The User is not entitled to demand a refund for the ordered and / or pre-ordered License Key after receipt, provided that it is of proper quality.
4.4.3. A good quality License Key means a License Key that can be used for its intended purpose, i.e. to activate a Computer Game that is protected from misuse by third parties.
4.4.4. Refunds for the License Key are carried out by the Company no later than 10 (ten) calendar days from the date of receipt of the User's application for a refund. The moment of return is the moment of debiting funds from the Company's settlement account. The term for crediting funds to the User's bank account depends on the transfer conditions established by the payment system.
5. Rights and obligations of the parties
5.1. The company undertakes:
5.1.1. Provide the User with the License Key within one calendar day from the moment the User pays for the License Key.
5.1.2. Provide the User with the License Key purchased by Pre-Order, in accordance with the period specified on the Site. The term for the provision of the License Key purchased under the Pre-Order may be delayed in time until the date of official publication (release) of the Computer Game by its copyright holder.
5.1.3. Comply with the terms of confidentiality.
5.2. The company has the right:
5.2.1. Temporarily suspend access to the User's Personal Account for technical, technological or other reasons that prevent access to the User's Personal Account, while such reasons are eliminated.
5.2.2. Suspend this Agreement and (or) terminate the Agreement unilaterally out of court by notifying the User in cases of violation by the User of obligations and (or) guarantees accepted in accordance with the Agreement, if the Company has information received from third parties and (or) state bodies of the Russian Federation on the acquisition by the User of License Keys for purposes related to entrepreneurial activities, as well as in case of violation by the User of the principles of business ethics of communication, in particular the use of profanity when communicating with employees (representatives) of the Company, as well as in other cases at its own discretion.
5.3. The user undertakes:
5.3.1. Independently study the text of this Offer, posted at:
5.3.2. Pay the Company's License Fee in accordance with the terms of this Agreement.
5.3.3. Before acquiring a License Key, read the description of the Computer Game, for the activation of which the License Key is purchased, the procedure for its use on the Activation Service, as well as the system requirements for the computer necessary for the Installation and playback of the Computer Game contained on the Site in the section of each specific Computer game selected by the User.
5.3.4. Do not transfer your login and password from the Personal Account to third parties. All actions carried out on the Site using the User's login and password are considered to be carried out by the User. The Company is not responsible for the unauthorized use of the User's registration data by third parties.
5.3.5. Do not license, sublicense, resell, transfer, decompile, disassemble, alienate, distribute or use the Site, as well as the License Keys in ways not provided for by the Offer.
5.3.6. In case of non-receipt of the License Key, inform the Company about it no later than 7 (seven) days from the date of payment of the License Fee. If the Company does not receive a notification from the User about non-receipt of the License Key within the specified period, the Company's obligations to transfer the License Keys to the User are considered to be duly and fully performed.
5.3.7. Familiarize yourself with the conditions for activating the License Key specified in the Game Card until the moment of payment of the License Fee, including the terms of the Licensor:
5.4. The user has the right:
5.4.1. Contact the Company for more information about the Computer Game.
5.4.2. Gift the purchased and non-activated License Key to another individual.
6. Contract price and payment procedure
6.1. The cost of the License Key is determined on the Site. The Company has the right to unilaterally change its cost by posting new prices on the Site.
6.2. The price of the Agreement is the license fee, which is paid by the User on a prepaid basis by any of the methods indicated on the Site. The license fee is not subject to VAT on the basis of paragraphs. 26 p. 2 art. 149 of the Tax Code of the Russian Federation.
6.3. The moment of payment by the User under the Agreement is the receipt of funds to the settlement account of the Company.
6.4. All bank or other commission payments related to the payment of the cost of providing License Keys for Computer Games are paid by the User.
7. Guarantees and liability of the Parties
7.1. The Company guarantees that it has all legal grounds to fulfill its obligations under this Offer.
7.2. The User guarantees that under no circumstances will he reverse engineer, decompile or otherwise transform the License Keys or modify the License Keys.
7.3. The User guarantees that he acquires the License Keys for personal use.
7.4. The Company is not responsible for direct and / or indirect damage caused to the User, and also does not compensate the User for losses (including lost profits) incurred by the User as a result of inadequate quality of public communication channels, traffic exchange policies between providers, improper functioning of the Internet or for the quality of communication lines that are not related to the Company's own resources, and for their availability to the User.
7.5. The Company is not responsible, and also does not reimburse the User for losses incurred by the User as a result of:
7.5.1. unauthorized intervention of the User and/or third parties at the request of the User in the source code or software components of the Computer Game or the License Key;
7.5.2. indication by the User of false information when registering on the Site;
7.5.3. blocking of the License Key by the right holder and/or licensor;
7.5.4. identifying deficiencies in the Computer Games identified after the User received the License Key.
7.6. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures. Force majeure circumstances include events that the parties cannot influence and for the occurrence of which are not responsible: earthquake, flood, fire, strikes, violent or military actions of any nature, decisions of state authorities that impede the implementation of this Agreement.
7.7. On all issues not regulated by this Offer, as well as in resolving disputes that arose in the process of its execution, the Parties are guided by the current legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory for the Parties:
7.7.1. The claim is sent by e-mail.
7.7.2. The Party that received the claim is obliged to send a reasoned response to it to the other Party no later than 5 (five) days from the date of receipt of the claim.
7.7.3. If no agreement is reached, the dispute is referred to the judicial authorities in accordance with the legislation of the Russian Federation.
7.8. The User guarantees that before accepting this Offer, he has read the description of the program, the requirements for the system and hardware platform, the terms of delivery and other information related to the License Keys and the granting of rights to them posted on the Site.
8. Final provisions
8.1. This Agreement is termless.
8.2. The Parties acknowledge that notifications and messages from the User to the Company are considered properly sent only if they are in writing, indicating all the data necessary to identify the User.
8.3. Each of the Parties undertakes to act in good faith, sign and properly hand over the documents and take other actions that may be required for the execution of the Agreement.
8.4. This Agreement is drawn up in accordance with the current legislation of the Russian Federation.