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End user license agreement
The present end user licence agreement (after referred to as the "Licence Agreement") makes provision for the terms and conditions in line with which you are authorised to install and/or use the Multimedia Programms and/or Online Service edited and/or supplied by Daniel Wilczek Clientelo, a company registered in Poland under NIP(TIN) number 6443426770 and having its registered office at Franciszkańska 15 41-200 Sosnowiec, Poland.
YOU SHOULD CAREFULLY READ THE LICENCE AGREEMENT BEFORE PURCHASING, DOWNLOADING, OR INSTALLING THIS MULTIMEDIA PROGRAMMS OR USING THE ONLINE SERVICE. MOREOVER, SOME MULTIMEDIA PROGRAMMS MAY MAKE PROVISION FOR TERMS AND CONDITIONS OF USE WHICH ARE INDIVIDUAL AND SEPARATE (AFTER REFERRED TO AS "SPECIFIC TERMS AND CONDITIONS OF USE"), TO WHICH YOU SHOULD HAVE REFERENCE AND ACCEPT THE TERMS AND CONDITIONS PRIOR TO PURCHASING, DOWNLOADING OR INSTALLING SAID MULTIMEDIA PROGRAMMS OR USING THE ONLINE SERVICE RELATED.
You hereby acknowledge to have read and understand the Licence Agreement and to have accepted that installation of the Multimedia Programms as confirmation of your acceptance to be contractually bound by the following provisions. You herby acknowledge and accept that the present Licence Agreement stipulates all of the agreement exclusively between Daniel Wilczek Clientelo and yourself and that the Licence Agreement replaces any previous or current agreement, whether oral or written, as well as any other communication between Daniel Wilczek Clientelo and you, notably any written licence agreement accompanying the Multimedia Programms and incompatible and/or running contrary to these presents.
IN SUCH INSTANCE AS YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH UNDER THE PRESENT LICENCE AGREEMENT, AS WELL AS THE SPECIFIC TERMS AND CONDITIONS OF USE WHERE APPLICABLE, YOU ARE NOT AUTHORISED TO DOWNLOAD OR INSTALL THE MULTIMEDIA PROGRAMMS OR USE THE ONLINE SERVICE.
The term "Multimedia Programms" shall be used to refer to any video game edited by Daniel Wilczek Clientelo: software, all components (notably including characters, scenario, universe, computer code, images, animations, videos, music, text, etc.) as well as their documentation, whether accessible via the Online Service or not.
The term "Online Service" shall be used to refer to the platform provided and maintained by Daniel Wilczek Clientelo or any third party which it commissions and allowing you notably to access a group of functions and information pertaining to the Multimedia Programms, to connect Multimedia Programms, interact with their game play methods, access tools to create and share content, and more widely all other functions pertaining to the Multimedia Programms. An internet connection is required to access the Online Service. The Online Service may also include an authorised mobile application store/marketplace or an online retailer (“Online Store”).
The Multimedia Programms and Online Service are protected by copyright and are the sole and exclusive property of Daniel Wilczek Clientelo, its subsidiaries, licensors or suppliers (after referred to as "Daniel Wilczek Clientelo"). Use the subject to the terms and conditions of the Licence Agreement.
Reference to the Multimedia Programms in the present Licence Agreement includes the Online Service and measurements authorised by its content.
1. Limited user licence
The Multimedia Programms is not sold but is conferred to you under a licence by Daniel Wilczek Clientelo. Consequently, your licence does not allow you any right or title of ownership over the Multimedia Programms.
Subject to your acceptance and respect of the present Licence Agreement and the restrictions indicated under article 3, Daniel Wilczek Clientelo confers you a limited, non-exclusive Multimedia Programms licence, transferrable in line with the terms and conditions under article 4 as well as a non-exclusive right of installation and use of a (1) single copy of the Multimedia Programms on a single device, and for personal and non-commercial use.
2. Property of Daniel Wilczek Clientelo
The term "Intellectual Property Rights" shall be used to refer to all intellectual and/or industrial property rights pertaining to the Multimedia Programms, such as notably copyright, patents, patent applications, database rights, designs and templates, brands, domain names, expertise, commercial secrets concerning the following elements, of which the list is not exclusive:
• All content on the Multimedia Programms (such as notably themes, objects, characters, character names, plots, text, dialogues, hooks, places, illustrations, concepts, graphics, animations, sounds, compositions and musical recordings, audiovisual effects);
• All data and communication generated by the Multimedia Programms;
• All software, computer codes (source code and object code), titles, operating methods, documentation pertaining thereto, integrated applications, interfaces and any creation of the mind, content, and integrated into the Multimedia Programms.
The Multimedia Programms may additionally include elements conferred under a licence to Daniel Wilczek Clientelo by third parties. The latters may consequently take all measures in order to promote their rights in the event of a breach, by you, of the present Licence Agreement.
3. Restrictions
The Licence indicated under article 1 is conferred to you under the following reservations:
• You are not allowed to copy, reproduce, translate, retro-compile, locate source code, modify, adapt, merge, convert, disassemble, decompile the Multimedia Programms or create derivative works based on the Multimedia Programms, in whole or in part, or remove any notice or indication of intellectual property from the Multimedia Programms, without the prior written consent of Daniel Wilczek Clientelo.
• The Multimedia Programms is conferred under licence as a unique product. Its components should not be separated to be used on several computers.
Pursuant to the user licence conferred, you may use the Multimedia Programms for personal and non commercial use. Consequently, you shall not be permitted to:
• sell, distribute or transfer copies or reproductions of the Multimedia Programms to third parties, in any manner whatsoever, nor to lease, transfer under a credit lease or confer licences over the Multimedia Programms to third parties, without the prior written consent of Daniel Wilczek Clientelo and subject to the provisions set forth under article 4 of these presents;
• to operate the Multimedia Programms in whole or in part for commercial purposes;
• to use the Multimedia Programms for illegal or immoral purposes ;
• to use the Multimedia Programms for any other purposes than those indicated by Daniel Wilczek Clientelo in the framework of these presents;
• to use the Multimedia Programms or allow use of the Multimedia Programms across several computers, games consoles, pocket computers, mobile or PDA devices at the same time, without any additional licence (such license may be provided through an authorised third party (such as an Online Store) subject to you agreeing to further terms and conditions);
• to use the Multimedia Programms or allow use of the Multimedia Programms on a network, in the framework of a multi-user system or remote access system, notably any use online, notwithstanding any provision to the contrary expressly indicated by Daniel Wilczek Clientelo and subject to acceptance of the terms and conditions of use of the Multimedia Programms;
• to use any third party software programms not expressly authorised by Daniel Wilczek Clientelo interacting with the Multimedia Programms and/or the Online Service, whatever the purpose;
• to delete, deactivate or overturn any notice or indication of property or copy the protection software included in the Multimedia Programms;
• to export or re-export the Multimedia Programms, a copy or an adaptation, in breach of laws or regulations applicable;
• to create data or Multimedia Programms which are executable and reproduce data or functions of the Multimedia Programms.
Download of the Multimedia Programms is only permitted from an authorised source. You cannot yourself make the Multimedia Programms available on a network where it can be downloaded by other people.
4. Transfer of the Multimedia Programms
You are hereby authorised to definitively transfer all of your rights in the framework of the present Licence Agreement, under the condition that the recipient of the transfer accepts to be subject to the terms and conditions of the Licence Agreement and that you accept to delete the Multimedia Programms from the medium on which it was downloaded/used/copied.
5. Term/ Termination
The present Licence Agreement shall remain in force until termination. You can bring an end to the Licence Agreement, at any time, by deleting or uninstalling the Multimedia Programms from your medium by destroying the Multimedia Programms in your possession.
The Licence Agreement shall be automatically terminated by Daniel Wilczek Clientelo if you default in respect of any of the terms and conditions herein. In this instance, you should immediately destroy or delete the Multimedia Programms and any copies, in whole or in part, in your possession or under your control and stored on any medium whatsoever, and upon request by Daniel Wilczek Clientelo, certify that you have performed this destruction.
6. Limitation of guarantee
Daniel Wilczek Clientelo does not guarantee continuous or flawless operation of the Multimedia Programms nor the correction of any error in the Multimedia Programms. The Multimedia Programms is provided without any guarantee, notwithstanding those where applicable for which provision is expressly made in the present licence and insofar as authorised by applicable law. The guarantees indicated hereunder shall outline the scope of liability and guarantees of Daniel Wilczek Clientelo and your rights of redress.
INSOFAR AS AUTHORISED BY APPLICABLE LEGISLATION, DANIEL WILCZEK CLIENTELO EXPRESSLY EXCLUDES ANY GUARANTEE PERTAINING TO THE MULTIMEDIA PROGRAMMs. THE MULTIMEDIA PROGRAMMS IS PROVIDED "AS IS" AND WITHOUT ANY GUARANTEE OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLICIT, NOTABLY AND WITHOUT LIMITATION, THE IMPLICIT GUARANTEES AND/OR CONDITIONS PERTAINING TO THE TRADE QUALITY OF THE MULTIMEDIA PROGRAMMS, SUITABILITY FOR A PARTICULAR USE, OF ADEQUATE QUALITY, PERFORMANCE OF LACK OF BREACH OF INTELLECTUAL PROPERTY RIGHTS.
It is incumbent upon you to accept all risks resulting from the use or performance of the Multimedia Programms. However, Daniel Wilczek Clientelo hereby guarantees that the physical medium on which the Multimedia Programms is installed shall be, in line with normal terms and conditions of use, exempt of any hidden defect or manufacturing defect during a term of ninety (90) days following the date of purchase of the Multimedia Programms.
7. Limitation of liability
INSOFAR AS AUTHORISED BY APPLICABLE LEGISLATION, DANIEL WILCZEK CLIENTELO MAY NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT HOWEVER BEING LIMITED TO DIRECT, INDIRECT COLLATERAL OR CONSEQUENTIAL DAMAGES PERTAINING TO SUSPENSION OF ACTIVITIES, LOSS OF CLIENTS, LOSS OF PROFIT, LOSS OF DATA, FINANCIAL LOSS, OR ANY ECONOMIC OR FINANCIAL LOSS) RESULTING FROM USE OF THE MULTIMEDIA PROGRAMMS AND/OR ONLINE SERVICE, OR THE IMPOSSIBILITY TO USE THE MULTIMEDIA PROGRAMMS AND/OR ONLINE SERVICE, AS WELL AS THE IMPROPER OPERATION THEREOF, OR EVEN POSSESSION THEREOF CONCERNING THE MULTIMEDIA PROGRAMMS, AND THIS EVEN IF DANIEL WILCZEK CLIENTELO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
Daniel Wilczek Clientelo may not be held liable for damages, prejudice or losses resulting from negligence, accidents or improper use incumbent upon you or the modification of the Multimedia Programms, in any manner whatsoever, after purchase of the Multimedia Programms. In all instances and insofar as the aforementioned limitations were not applicable under certain legislation, the liability of Daniel Wilczek Clientelo may not exceed the purchase price of the Multimedia Programms.
None of the provisions set forth under the present Licence Agreement shall limit or exclude the liability of Daniel Wilczek Clientelo towards you in the event of death or corporal damage resulting from its own negligence.
You hereby undertake to guarantee and hold harmless Daniel Wilczek Clientelo against all claims, costs and expenses (notably lawyer fees) resulting, directly or indirectly, from your actions and omissions during use of the Multimedia Programms and/or the Online Service which does not comply with the terms and conditions of the present Licence Agreement.
8. Online Service
Daniel Wilczek Clientelo shall provide and maintain the Online Service, or it may be provided by and/or accessed through an Online Store. The Multimedia Programmes accessible via the Online Service are used in compliance with the terms and conditions set forth under the present Licence Agreement and/or additional terms set forth by the Online Store.
8.1 User Content
Certain Multimedia Programms, via the Online Service, may allow you to gain access to different tools which allow for creation of your own content (hereinafter referred to as "User Content") and sharing thereof. User Content may not be used outside of the Multimedia Programms and the Online Service.
Where the Multimedia Programms allows sharing of User Content or interaction with other third parties websites and/or online services (hereinafter referred to as "Third Party Websites"), you hereby undertake to respect the terms and conditions of use of the Third Party Websites in question. Daniel Wilczek Clientelo shall not be responsible for the content thereof. Links made available are done so for practical purposes without the liability of Daniel Wilczek Clientelo being incurred in this regard. It is incumbent upon you to ensure that you respect the terms and conditions of use of Third Party Websites and that these are appropriate for your profile. You hereby undertake to guarantee and hold harmless Daniel Wilczek Clientelo for any liability concerning a breach of the terms and conditions of use of said website by yourself as well as any direct or indirect damage which may result therefrom.
You hereby confirm acceptance that the Multimedia Programms and/or Online Service may store your User Content as well as statistics and other data, in an anonymous manner or otherwise. Data stored shall only concern the Multimedia Programms. Where games are stored and the Multimedia Programms makes provision, you hereby authorise consultation by other players via an interface in and out the Multimedia Programms.
You hereby confer to Daniel Wilczek Clientelo a free operating licence for any User Content online which you create or share during your use of the Multimedia Programms and/or Online Service, in an unlimited, perpetual and irrevocable manner, without any restriction, across all media, formats and forms, known or to be developed in future, which may be conferred under a licence, transferred, leased, made available to the public, executed publicly and globally, for all objects and media. This licence notably covers the right to copy, modify, reproduce in whole or in part, adapt, develop, translate, copy onto any medium, incorporate on other works, extract elements on whole or in part and/or add elements and to remove other elements, to publish, distribute, or sell. Notwithstanding the foregoing, you acknowledge and accept that any and all User Content you create may include assets and materials that belong to Daniel Wilczek Clientelo and/or its licensors and nothing in this License Agreement or otherwise shall confer any transfer of rights (including any Intellectual Property Rights) to such assets and materials, which will continue to be owned by Daniel Wilczek Clientelo and/or its licensors.
Daniel Wilczek Clientelo is not bound to undertake any control or evaluation of User Content. Consequently, you hereby confirm and accept that you have the full and entire responsibility over User Content and that Daniel Wilczek Clientelo may not be held liable for this.
You shall be solely and exclusively liable for the comments, opinions or remarks expressed in the User Content, which under no circumstances represents the opinion of Daniel Wilczek Clientelo. In particular, and without limiting the scope of the previous provision, Daniel Wilczek Clientelo may not be held liable for any comments, opinions and remarks expressed in any User Content and excludes all liability in this regard.
Daniel Wilczek Clientelo does not issue any guarantee or make any declaration as to the accuracy, up to date nature or validity of information or elements included in the User Content or the Online Service and may not be held liable for losses or damage occasioned by use of these elements.
Daniel Wilczek Clientelo hereby reserves the right, for any reason whatsoever at its full discretion (or authorise the Online Store) to delete, restrict, suspend or modify your account and User Content (as well as the option of sharing or creating User Content online), due to use of your account and/or User Content which does not comply with the provisions set forth under the Licence Agreement.
8.2 Modding / Customisation of the Multimedia Programms
Any mods or customisations are forbidden.
9. Miscellaneous provisions
9.1 Control of exports
You are not allowed to export, download or re-export the Multimedia Programms to any country (citizens or residents) which is the object of any embargo in force.
9.2 Personal data
We collect some of your Data through our video games and/or website, notably to allow you to:
• Sign up to our newsletter, forum, and competitions;
• Take part in testing our games;
• Benefit from products and services you have requested; and
• Receive promotional and commercial offers if you have given your consent;
We mostly collect identification data and information regarding your use of our services (your email address, your name, your pseudonym, your password, your IP address). The categories of information that we collect in connection with your use of our games, products and services, as well as the related purposes and legal bases, are described in the RODO terms on – farathan.com.
You have right of access, rectification and deletion of your Data, the right to limit their processing, right to object to the processing, and right to portability. You can exercise these rights at any time by contacting our Data Protection Officer (DPO) at the following address contact@farathan.com. If after having contacted us you feel your data protection rights have not been respected, you have the right to lodge a claim with the competent supervisory authority, such as the Polish – urząd ochrony danych). When the processing of your data is based on your consent, you have the right to withdraw your consent at any time. For further information concerning your data protection rights, please read the RODO terms on – farathan.com.
9.3 Redress in equity
You hereby accept that Daniel Wilczek Clientelo shall suffer irreparable damages in such instance as the terms and conditions of the present Licence Agreement are not strictly applied and, consequently, you hereby accept that Daniel Wilczek Clientelo may, without any obligation, guarantee or proof of damages, legitimately claim appropriate redress in equity pertaining to infringements of the present Licence Agreement, as well as other means of redress which Daniel Wilczek Clientelo may have, by virtue of applicable law.
9.4 Integrality
The Licence Agreement constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present Licence Agreement may be established solely by way of a written agreement specifying said amendment, alteration or modification and signed by both parties.
9.5 Invalidity
In such instance as one or more stipulations in the present Licence Agreement are or should become null and void, in whole or in part, by virtue of any law, regulation or following any definitive decision by a competent jurisdiction, all other stipulations shall retain their full effect.
9.6 Applicable law
The Multimedia Programms and/or Online Service is planned for use and should only be used in those countries in which such use is legally permitted.
Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Multimedia Programms and/or Online Service, this Licence Agreement is governed by Polish Law.
In such instance as Polish law cannot be applied in the country where you use and/or have acquired the Multimedia Programms and/or Online Service, the following provisions shall be applicable. In such instance as you should acquire the Multimedia Programms in the USA, the present Licence Agreement shall be governed by the laws in the State of Pennsylvania. If the Multimedia Programms is purchased in Canada, the present Licence Agreement shall be governed pursuant to the laws in force in the Province of Ontario, Canada, notwithstanding the prohibition expressly indicated by local law; and pertaining to any dispute resulting from these present, you expressly accept to be governed by the jurisdiction of the Federal and Provincial Courts in Toronto, Ontario. If you purchase the Multimedia Programms in any other county, local legislation shall be applicable.
The present end user licence agreement (after referred to as the "Licence Agreement") makes provision for the terms and conditions in line with which you are authorised to install and/or use the Multimedia Programms and/or Online Service edited and/or supplied by Daniel Wilczek Clientelo, a company registered in Poland under NIP(TIN) number 6443426770 and having its registered office at Franciszkańska 15 41-200 Sosnowiec, Poland.
YOU SHOULD CAREFULLY READ THE LICENCE AGREEMENT BEFORE PURCHASING, DOWNLOADING, OR INSTALLING THIS MULTIMEDIA PROGRAMMS OR USING THE ONLINE SERVICE. MOREOVER, SOME MULTIMEDIA PROGRAMMS MAY MAKE PROVISION FOR TERMS AND CONDITIONS OF USE WHICH ARE INDIVIDUAL AND SEPARATE (AFTER REFERRED TO AS "SPECIFIC TERMS AND CONDITIONS OF USE"), TO WHICH YOU SHOULD HAVE REFERENCE AND ACCEPT THE TERMS AND CONDITIONS PRIOR TO PURCHASING, DOWNLOADING OR INSTALLING SAID MULTIMEDIA PROGRAMMS OR USING THE ONLINE SERVICE RELATED.
You hereby acknowledge to have read and understand the Licence Agreement and to have accepted that installation of the Multimedia Programms as confirmation of your acceptance to be contractually bound by the following provisions. You herby acknowledge and accept that the present Licence Agreement stipulates all of the agreement exclusively between Daniel Wilczek Clientelo and yourself and that the Licence Agreement replaces any previous or current agreement, whether oral or written, as well as any other communication between Daniel Wilczek Clientelo and you, notably any written licence agreement accompanying the Multimedia Programms and incompatible and/or running contrary to these presents.
IN SUCH INSTANCE AS YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH UNDER THE PRESENT LICENCE AGREEMENT, AS WELL AS THE SPECIFIC TERMS AND CONDITIONS OF USE WHERE APPLICABLE, YOU ARE NOT AUTHORISED TO DOWNLOAD OR INSTALL THE MULTIMEDIA PROGRAMMS OR USE THE ONLINE SERVICE.
The term "Multimedia Programms" shall be used to refer to any video game edited by Daniel Wilczek Clientelo: software, all components (notably including characters, scenario, universe, computer code, images, animations, videos, music, text, etc.) as well as their documentation, whether accessible via the Online Service or not.
The term "Online Service" shall be used to refer to the platform provided and maintained by Daniel Wilczek Clientelo or any third party which it commissions and allowing you notably to access a group of functions and information pertaining to the Multimedia Programms, to connect Multimedia Programms, interact with their game play methods, access tools to create and share content, and more widely all other functions pertaining to the Multimedia Programms. An internet connection is required to access the Online Service. The Online Service may also include an authorised mobile application store/marketplace or an online retailer (“Online Store”).
The Multimedia Programms and Online Service are protected by copyright and are the sole and exclusive property of Daniel Wilczek Clientelo, its subsidiaries, licensors or suppliers (after referred to as "Daniel Wilczek Clientelo"). Use the subject to the terms and conditions of the Licence Agreement.
Reference to the Multimedia Programms in the present Licence Agreement includes the Online Service and measurements authorised by its content.
1. Limited user licence
The Multimedia Programms is not sold but is conferred to you under a licence by Daniel Wilczek Clientelo. Consequently, your licence does not allow you any right or title of ownership over the Multimedia Programms.
Subject to your acceptance and respect of the present Licence Agreement and the restrictions indicated under article 3, Daniel Wilczek Clientelo confers you a limited, non-exclusive Multimedia Programms licence, transferrable in line with the terms and conditions under article 4 as well as a non-exclusive right of installation and use of a (1) single copy of the Multimedia Programms on a single device, and for personal and non-commercial use.
2. Property of Daniel Wilczek Clientelo
The term "Intellectual Property Rights" shall be used to refer to all intellectual and/or industrial property rights pertaining to the Multimedia Programms, such as notably copyright, patents, patent applications, database rights, designs and templates, brands, domain names, expertise, commercial secrets concerning the following elements, of which the list is not exclusive:
• All content on the Multimedia Programms (such as notably themes, objects, characters, character names, plots, text, dialogues, hooks, places, illustrations, concepts, graphics, animations, sounds, compositions and musical recordings, audiovisual effects);
• All data and communication generated by the Multimedia Programms;
• All software, computer codes (source code and object code), titles, operating methods, documentation pertaining thereto, integrated applications, interfaces and any creation of the mind, content, and integrated into the Multimedia Programms.
The Multimedia Programms may additionally include elements conferred under a licence to Daniel Wilczek Clientelo by third parties. The latters may consequently take all measures in order to promote their rights in the event of a breach, by you, of the present Licence Agreement.
3. Restrictions
The Licence indicated under article 1 is conferred to you under the following reservations:
• You are not allowed to copy, reproduce, translate, retro-compile, locate source code, modify, adapt, merge, convert, disassemble, decompile the Multimedia Programms or create derivative works based on the Multimedia Programms, in whole or in part, or remove any notice or indication of intellectual property from the Multimedia Programms, without the prior written consent of Daniel Wilczek Clientelo.
• The Multimedia Programms is conferred under licence as a unique product. Its components should not be separated to be used on several computers.
Pursuant to the user licence conferred, you may use the Multimedia Programms for personal and non commercial use. Consequently, you shall not be permitted to:
• sell, distribute or transfer copies or reproductions of the Multimedia Programms to third parties, in any manner whatsoever, nor to lease, transfer under a credit lease or confer licences over the Multimedia Programms to third parties, without the prior written consent of Daniel Wilczek Clientelo and subject to the provisions set forth under article 4 of these presents;
• to operate the Multimedia Programms in whole or in part for commercial purposes;
• to use the Multimedia Programms for illegal or immoral purposes ;
• to use the Multimedia Programms for any other purposes than those indicated by Daniel Wilczek Clientelo in the framework of these presents;
• to use the Multimedia Programms or allow use of the Multimedia Programms across several computers, games consoles, pocket computers, mobile or PDA devices at the same time, without any additional licence (such license may be provided through an authorised third party (such as an Online Store) subject to you agreeing to further terms and conditions);
• to use the Multimedia Programms or allow use of the Multimedia Programms on a network, in the framework of a multi-user system or remote access system, notably any use online, notwithstanding any provision to the contrary expressly indicated by Daniel Wilczek Clientelo and subject to acceptance of the terms and conditions of use of the Multimedia Programms;
• to use any third party software programms not expressly authorised by Daniel Wilczek Clientelo interacting with the Multimedia Programms and/or the Online Service, whatever the purpose;
• to delete, deactivate or overturn any notice or indication of property or copy the protection software included in the Multimedia Programms;
• to export or re-export the Multimedia Programms, a copy or an adaptation, in breach of laws or regulations applicable;
• to create data or Multimedia Programms which are executable and reproduce data or functions of the Multimedia Programms.
Download of the Multimedia Programms is only permitted from an authorised source. You cannot yourself make the Multimedia Programms available on a network where it can be downloaded by other people.
4. Transfer of the Multimedia Programms
You are hereby authorised to definitively transfer all of your rights in the framework of the present Licence Agreement, under the condition that the recipient of the transfer accepts to be subject to the terms and conditions of the Licence Agreement and that you accept to delete the Multimedia Programms from the medium on which it was downloaded/used/copied.
5. Term/ Termination
The present Licence Agreement shall remain in force until termination. You can bring an end to the Licence Agreement, at any time, by deleting or uninstalling the Multimedia Programms from your medium by destroying the Multimedia Programms in your possession.
The Licence Agreement shall be automatically terminated by Daniel Wilczek Clientelo if you default in respect of any of the terms and conditions herein. In this instance, you should immediately destroy or delete the Multimedia Programms and any copies, in whole or in part, in your possession or under your control and stored on any medium whatsoever, and upon request by Daniel Wilczek Clientelo, certify that you have performed this destruction.
6. Limitation of guarantee
Daniel Wilczek Clientelo does not guarantee continuous or flawless operation of the Multimedia Programms nor the correction of any error in the Multimedia Programms. The Multimedia Programms is provided without any guarantee, notwithstanding those where applicable for which provision is expressly made in the present licence and insofar as authorised by applicable law. The guarantees indicated hereunder shall outline the scope of liability and guarantees of Daniel Wilczek Clientelo and your rights of redress.
INSOFAR AS AUTHORISED BY APPLICABLE LEGISLATION, DANIEL WILCZEK CLIENTELO EXPRESSLY EXCLUDES ANY GUARANTEE PERTAINING TO THE MULTIMEDIA PROGRAMMs. THE MULTIMEDIA PROGRAMMS IS PROVIDED "AS IS" AND WITHOUT ANY GUARANTEE OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLICIT, NOTABLY AND WITHOUT LIMITATION, THE IMPLICIT GUARANTEES AND/OR CONDITIONS PERTAINING TO THE TRADE QUALITY OF THE MULTIMEDIA PROGRAMMS, SUITABILITY FOR A PARTICULAR USE, OF ADEQUATE QUALITY, PERFORMANCE OF LACK OF BREACH OF INTELLECTUAL PROPERTY RIGHTS.
It is incumbent upon you to accept all risks resulting from the use or performance of the Multimedia Programms. However, Daniel Wilczek Clientelo hereby guarantees that the physical medium on which the Multimedia Programms is installed shall be, in line with normal terms and conditions of use, exempt of any hidden defect or manufacturing defect during a term of ninety (90) days following the date of purchase of the Multimedia Programms.
7. Limitation of liability
INSOFAR AS AUTHORISED BY APPLICABLE LEGISLATION, DANIEL WILCZEK CLIENTELO MAY NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT HOWEVER BEING LIMITED TO DIRECT, INDIRECT COLLATERAL OR CONSEQUENTIAL DAMAGES PERTAINING TO SUSPENSION OF ACTIVITIES, LOSS OF CLIENTS, LOSS OF PROFIT, LOSS OF DATA, FINANCIAL LOSS, OR ANY ECONOMIC OR FINANCIAL LOSS) RESULTING FROM USE OF THE MULTIMEDIA PROGRAMMS AND/OR ONLINE SERVICE, OR THE IMPOSSIBILITY TO USE THE MULTIMEDIA PROGRAMMS AND/OR ONLINE SERVICE, AS WELL AS THE IMPROPER OPERATION THEREOF, OR EVEN POSSESSION THEREOF CONCERNING THE MULTIMEDIA PROGRAMMS, AND THIS EVEN IF DANIEL WILCZEK CLIENTELO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
Daniel Wilczek Clientelo may not be held liable for damages, prejudice or losses resulting from negligence, accidents or improper use incumbent upon you or the modification of the Multimedia Programms, in any manner whatsoever, after purchase of the Multimedia Programms. In all instances and insofar as the aforementioned limitations were not applicable under certain legislation, the liability of Daniel Wilczek Clientelo may not exceed the purchase price of the Multimedia Programms.
None of the provisions set forth under the present Licence Agreement shall limit or exclude the liability of Daniel Wilczek Clientelo towards you in the event of death or corporal damage resulting from its own negligence.
You hereby undertake to guarantee and hold harmless Daniel Wilczek Clientelo against all claims, costs and expenses (notably lawyer fees) resulting, directly or indirectly, from your actions and omissions during use of the Multimedia Programms and/or the Online Service which does not comply with the terms and conditions of the present Licence Agreement.
8. Online Service
Daniel Wilczek Clientelo shall provide and maintain the Online Service, or it may be provided by and/or accessed through an Online Store. The Multimedia Programmes accessible via the Online Service are used in compliance with the terms and conditions set forth under the present Licence Agreement and/or additional terms set forth by the Online Store.
8.1 User Content
Certain Multimedia Programms, via the Online Service, may allow you to gain access to different tools which allow for creation of your own content (hereinafter referred to as "User Content") and sharing thereof. User Content may not be used outside of the Multimedia Programms and the Online Service.
Where the Multimedia Programms allows sharing of User Content or interaction with other third parties websites and/or online services (hereinafter referred to as "Third Party Websites"), you hereby undertake to respect the terms and conditions of use of the Third Party Websites in question. Daniel Wilczek Clientelo shall not be responsible for the content thereof. Links made available are done so for practical purposes without the liability of Daniel Wilczek Clientelo being incurred in this regard. It is incumbent upon you to ensure that you respect the terms and conditions of use of Third Party Websites and that these are appropriate for your profile. You hereby undertake to guarantee and hold harmless Daniel Wilczek Clientelo for any liability concerning a breach of the terms and conditions of use of said website by yourself as well as any direct or indirect damage which may result therefrom.
You hereby confirm acceptance that the Multimedia Programms and/or Online Service may store your User Content as well as statistics and other data, in an anonymous manner or otherwise. Data stored shall only concern the Multimedia Programms. Where games are stored and the Multimedia Programms makes provision, you hereby authorise consultation by other players via an interface in and out the Multimedia Programms.
You hereby confer to Daniel Wilczek Clientelo a free operating licence for any User Content online which you create or share during your use of the Multimedia Programms and/or Online Service, in an unlimited, perpetual and irrevocable manner, without any restriction, across all media, formats and forms, known or to be developed in future, which may be conferred under a licence, transferred, leased, made available to the public, executed publicly and globally, for all objects and media. This licence notably covers the right to copy, modify, reproduce in whole or in part, adapt, develop, translate, copy onto any medium, incorporate on other works, extract elements on whole or in part and/or add elements and to remove other elements, to publish, distribute, or sell. Notwithstanding the foregoing, you acknowledge and accept that any and all User Content you create may include assets and materials that belong to Daniel Wilczek Clientelo and/or its licensors and nothing in this License Agreement or otherwise shall confer any transfer of rights (including any Intellectual Property Rights) to such assets and materials, which will continue to be owned by Daniel Wilczek Clientelo and/or its licensors.
Daniel Wilczek Clientelo is not bound to undertake any control or evaluation of User Content. Consequently, you hereby confirm and accept that you have the full and entire responsibility over User Content and that Daniel Wilczek Clientelo may not be held liable for this.
You shall be solely and exclusively liable for the comments, opinions or remarks expressed in the User Content, which under no circumstances represents the opinion of Daniel Wilczek Clientelo. In particular, and without limiting the scope of the previous provision, Daniel Wilczek Clientelo may not be held liable for any comments, opinions and remarks expressed in any User Content and excludes all liability in this regard.
Daniel Wilczek Clientelo does not issue any guarantee or make any declaration as to the accuracy, up to date nature or validity of information or elements included in the User Content or the Online Service and may not be held liable for losses or damage occasioned by use of these elements.
Daniel Wilczek Clientelo hereby reserves the right, for any reason whatsoever at its full discretion (or authorise the Online Store) to delete, restrict, suspend or modify your account and User Content (as well as the option of sharing or creating User Content online), due to use of your account and/or User Content which does not comply with the provisions set forth under the Licence Agreement.
8.2 Modding / Customisation of the Multimedia Programms
Any mods or customisations are forbidden.
9. Miscellaneous provisions
9.1 Control of exports
You are not allowed to export, download or re-export the Multimedia Programms to any country (citizens or residents) which is the object of any embargo in force.
9.2 Personal data
We collect some of your Data through our video games and/or website, notably to allow you to:
• Sign up to our newsletter, forum, and competitions;
• Take part in testing our games;
• Benefit from products and services you have requested; and
• Receive promotional and commercial offers if you have given your consent;
We mostly collect identification data and information regarding your use of our services (your email address, your name, your pseudonym, your password, your IP address). The categories of information that we collect in connection with your use of our games, products and services, as well as the related purposes and legal bases, are described in the RODO terms on – farathan.com.
You have right of access, rectification and deletion of your Data, the right to limit their processing, right to object to the processing, and right to portability. You can exercise these rights at any time by contacting our Data Protection Officer (DPO) at the following address contact@farathan.com. If after having contacted us you feel your data protection rights have not been respected, you have the right to lodge a claim with the competent supervisory authority, such as the Polish – urząd ochrony danych). When the processing of your data is based on your consent, you have the right to withdraw your consent at any time. For further information concerning your data protection rights, please read the RODO terms on – farathan.com.
9.3 Redress in equity
You hereby accept that Daniel Wilczek Clientelo shall suffer irreparable damages in such instance as the terms and conditions of the present Licence Agreement are not strictly applied and, consequently, you hereby accept that Daniel Wilczek Clientelo may, without any obligation, guarantee or proof of damages, legitimately claim appropriate redress in equity pertaining to infringements of the present Licence Agreement, as well as other means of redress which Daniel Wilczek Clientelo may have, by virtue of applicable law.
9.4 Integrality
The Licence Agreement constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present Licence Agreement may be established solely by way of a written agreement specifying said amendment, alteration or modification and signed by both parties.
9.5 Invalidity
In such instance as one or more stipulations in the present Licence Agreement are or should become null and void, in whole or in part, by virtue of any law, regulation or following any definitive decision by a competent jurisdiction, all other stipulations shall retain their full effect.
9.6 Applicable law
The Multimedia Programms and/or Online Service is planned for use and should only be used in those countries in which such use is legally permitted.
Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Multimedia Programms and/or Online Service, this Licence Agreement is governed by Polish Law.
In such instance as Polish law cannot be applied in the country where you use and/or have acquired the Multimedia Programms and/or Online Service, the following provisions shall be applicable. In such instance as you should acquire the Multimedia Programms in the USA, the present Licence Agreement shall be governed by the laws in the State of Pennsylvania. If the Multimedia Programms is purchased in Canada, the present Licence Agreement shall be governed pursuant to the laws in force in the Province of Ontario, Canada, notwithstanding the prohibition expressly indicated by local law; and pertaining to any dispute resulting from these present, you expressly accept to be governed by the jurisdiction of the Federal and Provincial Courts in Toronto, Ontario. If you purchase the Multimedia Programms in any other county, local legislation shall be applicable.