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This License Agreement (hereafter referred to as the "Agreement") governs the relationship between LLC Rikor IMT, hereinafter referred to as the "Licensor" and the Game Licensee ("Licensee"), in relation to the Game.
1. Definitions used in this Agreement
1.1. Game is the interactive computer game "CityBattle: Virtual Earth", a computer program, which is a collection of data, commands and generated audiovisual maps (hereinafter referred to as data and commands) activated sequentially by the Licensee to obtain a certain result provided by the Game scenario, without paying a fee (activated data and commands). The rights to use (activated) data and commands are granted by the Licensor to the Licensee under the terms and conditions specified in this Agreement.
To ensure the rights and obligations of the parties arising under this Agreement, Licensee reproduces the set of data and commands predetermined by the Licensor on his/her computer (the 'client part of the Game' if the client part of the Game is provided with the functionality), whereas the set of other data and commands or all data and commands in the absence of the client part of the Games are placed by the Licensor on the servers it operates.
1.2. The Game website - The Internet site located at https://VirtualEarthOnline.net/, which provides the Licensee access to the Licensor's resources, including those for use of the Game by the Licensee. The Licensor displays information mandatory for Licensees on the Game website.
1.3. Game resources (Resources) - all servers, any software and / or databases related to the Game, located, but not limited to, at https://VirtualEarthOnline.net/ and its subdomains.
1.4. The Licensor is Limited Liability Company "Rikor IMT", which grants the right to use the Game under a non-exclusive license.
1.5. The Licensee is an individual who has the necessary legal capacity to enter into this Agreement and who, pursuant to this Agreement, is granted the right to use the Game in accordance with this Agreement. The Licensee is a Party to this Agreement.
1.6. Licensee's account (account) is the Licensee's account created at the time of registration in the Game, allowing the Licensor to account for each Licensee and to provide the opportunity to authorize (access) through a unique login and password.
1.7. Transfer of the rights to use the Game - the Licensor grants the Licensee the rights to use the Game, under the conditions of a simple non-exclusive license, and access to game resources, including the right to reproduce it on the computer, access the game, use its capabilities on the terms and in the manner determined by this Agreement. Granting to the Licensee the rights to use the Game, with the exception of the additional functionality of the Game, is performed by the Licensee free of charge.
1.8. The client part of the Game is the software required for the Licensee’s participation in the Game, which is to be installed on the Licensee's computer. The client part of the Game is installed by the Licensee on a personal computer. The Client part of the Game may be distributed by the Licensor and / or its authorized persons, both via the Internet and on tangible media. The Client part of the Game distributed on the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided by this Agreement. Instances of the Client part of the Game distributed on tangible media may be provided to the Licensee for a fee.
1.9 License Agreement - the text of this Agreement entered into between the Licensor and the Licensee, containing all the necessary and material terms of the License Agreement for granting the rights to use the Game as a computer program.
2. Conditions for accession to this Agreement
2.1. Before using the Game, the Licensee is required to review this Agreement available in the Client Part of the Game, as well as all documents applicable to the Game that are freely available on the account registration page on the Internet at: https://VirtualEarthOnline.net
2.2. Pressing the "Accept" button by the Licensee under this license agreement in the Client Part of the Game signifies that, in terms of Art. 435 and 438 of the Civil Code of the Russian Federation, acceptance of the Offer made by the Licensor, as well as the conclusion of a contract that binds the Licensee to comply with the terms of the Agreement. The actual use of the Game also signifies acceptance of this Agreement.
2.3. The person authorized in the Game is considered to be the proper user of the account, access to use and management of which was obtained as a result of account registration, if there is no information confirming otherwise.
3. Subject of the Agreement
3.1. Under this Agreement and subject to Licensee's compliance with its respective terms, the Licensor grants the Licensee, on the terms of a simple non-exclusive license, the right to use the Game within the limits determined by this Agreement.
4. Limitations of the Game use
4.1. You may use the Game in the following ways:
4.1.1. To reproduce the Client part of the Game by installing it on a computer in order to participate in the Game;
4.1.2. Use the activated data and commands to achieve a certain game outcome scenario;
4.1.3. Make changes to the personal settings of the Games provided by the game developer.
4.2. Licensee may not:
4.2.1. distribute for commercial or non-commercial purposes the Client's part of the Game or its copies, either by distributing material carriers with it or by posting it on the Internet for downloading by certain persons or an unlimited number of persons;
4.2.2. translate the game into other languages;
4.2.3. distribute outside the Game for commercial purposes the audiovisual images present in the Game;
4.2.5. transfer Licensee's rights to use the Game, as defined in Article 1 of this Agreement, to other Licensees or to third parties through conclusion of a sub-license agreement or otherwise;
4.2.6. Use the Game in other ways not provided for in this Agreement and beyond the normal game process.
5. Obligations of the Licensor
5.1 The Licensor assumes the following obligations:
5.1.1. subject to the conditions set forth in this Agreement, to enable the Licensee to use the rights for the Game;
5.1.2. Notify the Licensee by publishing information on the Internet site and in the online communities youtube (https://www.youtube.com/channel/UCNgtzHhbQmY4g0uKX7C7wwA) and
VK (https://vk.com/virtualearth) about changes in the terms of this Agreement;
5.1.3. grant the Licensee the right to use activated data and commands via the Internet from the Game site free of charge, unless otherwise provided by this Agreement;
6. Licensor's rights
6.1. The Licensor has the following rights:
6.1.1. at any time, unilaterally limit, expand, modify the content of the Game as a computer program without prior notice to Licensee;
6.1.2. suspend or modify the Game as a computer program, change the conditions for their licensing without prior notice to the Licensee;
6.1.3. at any time, modify, delete any information posted by the Licensee on the Licensor's Resources, including statements, Licensee's ads;
6.1.4. at any time, suspend, restrict and / or terminate this License Agreement unilaterally with respect to the Game as a computer program for any or all Licensees, including cases if Licensee fails to comply with the terms of this Agreement or the Game Rules;
6.1.5. in order to collect statistical data and identify the Licensee, to establish and store information about Licensee's IP addresses, use the files of technical information (cookies) placed on the personal computer of the Licensee;
6.1.6. to send Licensee information or technical information related to the Game;
6.1.7. during the use of the Game by the Licensees, to alert, notify, inform about Licensee's non-compliance with the licensing terms, or other terms of this Agreement.
6.1.8. at any time, alter, supplement, modify the Game, any of its parts, including the Client part of the Game, without any prior notification to the Licensee;
6.1.9. to take any measures not prohibited by law for the protection of their intellectual rights in relation to the Game.
7. Limitation of the Licensor’s Liability
7.1. Licensee uses the Licensor's Resources, the Game, including the Client Game part (if any) at his/her own risk. The Game and the rights to use it are provided in the "as is" state.
7.2. The Licensor shall not be held liable for possible unlawful actions of the Licensee or third parties.
7.3. The Licensor shall not be held responsible for the lack of Internet access for the Licensee, for the quality of the services of the Internet communication providers, with which the Licensee has concluded agreements for the provision of Internet access services.
7.4. The licensor does not guarantee that:
7.4.1. The game will meet the personal requirements and expectations of the Licensee;
7.4.2. Use of the Game will proceed continuously, quickly, without technical failures, reliably and without errors;
7.4.3. The results that can be obtained by using the Game will be unmistakable;
7.4.4. The Game as a computer program will meet the expectations of the Licensee;
7.4.5. The Game will be available and can be used around the clock, at a particular point in time or for any period of time.
7.5. The Licensor shall not be liable for the occurrence of direct or indirect damage to the Licensee or other third parties caused as a result of:
7.5.1. use or inability to use the Licensor's Resources;
7.5.2. unauthorized access of any third parties to Licensee's personal information, including Licensee's account, Licensee's personal account in the Game;
7.5.3. statement or behavior of any third party on the Licensor's Resources.
7.6. Under any circumstances, the Licensor's liability to the Licensee is limited to 1,000 (one thousand) rubles, unless otherwise expressly provided by applicable law.
7.7. The Licensor is not obliged to provide the Licensee with any evidence, documents and other evidence that Licensee violated the terms of the Agreement, as a result of which the operation of this Agreement was suspended or terminated.
7.8. The Licensee understands, accepts and agrees that the Game may provide for various sound and / or video effects that, in certain circumstances, may cause aggravation of these conditions in persons prone to epileptic or other nervous disorders, and the Licensee guarantees that he/she either does not suffer from these disorders, or undertakes not to use the Game.
7.9. The Licensee accepts and agrees that a regular long-term (continuous) use of a personal computer can cause various complications of physical condition, including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. The Licensee guarantees that he/she will use the Game exclusively for reasonable periods of time, with breaks for rest or other measures for the prevention of physical condition, if such are recommended or prescribed to the Licensee.
8. Obligations of the Licensee
8.1. The Licensee shall:
8.1.1. comply with the terms of this Agreement, without any limitations;
8.1.2. at the time of registration on the Licensor's Resources, provide reliable information;
8.1.3. not exceed the limits of the use of the Game, established in section 2 of this Agreement;
8.1.4. not violate the Licensor's intellectual property rights in relation to the Game and / or any constituent of the Licensor's Resources in any other way, in particular, Licensee shall not copy, broadcast, send out, publish, and otherwise distribute and reproduce materials (text, graphics, video), which are part of the Game Resources without prior written consent of the Licensor;
8.1.5. independently take appropriate measures to ensure the security of its accounts in the Game and prevent unauthorized use by third parties of these accounts;
8.1.6. comply with the instructions of the Licensor, in particular, the Licensor's data to the Licensee or to the group of Licensees in the process of using the Game, in the news section of the Internet site of the Game,
Should Licensee fail to comply with such instructions, the Licensor may suspend, restrict, terminate the use of the Game by the Licensee;
8.1.7. at the request of the Licensor in connection with the conclusion and implementation of this Agreement, confirm his/her data including the last name, first name, middle name, other data;
8.1.8. comply with other requirements and fulfill other obligations provided for by this Agreement.
8.2. The Licensee warrants that it has all the necessary powers to enter into this Agreement. In the event that the Licensee has not reached the age of majority (18 years) or has become completely incompetent due to the occurrence of another circumstance stipulated by the current legislation, he/she is obliged to independently obtain the necessary permission in the form required by law from his/her parents or other legal representatives.
9. Territory and validity period of the Agreement
9.1. The Licensee is entitled to use the Game in the ways described in this Agreement, throughout the territory of the Russian Federation, as well as other territories on which it is available in the ordinary game process using standard computer tools and programs within the Licensor Resource functionality.
9.2. This Agreement is valid from the moment of acceptance of its terms by the Licensee and shall remain valid for 1 (one) calendar year.
9.3. The validity of this Agreement is automatically extended for each subsequent 1 (one) year, if before the expiration of the specified term of the Agreement:
9.3.1. The licensor does not decide to change the provisions of this Agreement, the need to conclude a new agreement with the Licensees, to discontinue the maintenance of the Game, to terminate this Agreement with respect to the Licensee.
9.3.2. Licensee will not decide on termination of the use of the Game.
9.4. Unless otherwise expressly provided by applicable law, the Licensor may at any time, without notifying the Licensee and without giving reasons, terminate this Agreement unilaterally and without reimbursement of any costs, damages or returns received under the Agreement, including in the event of:
9.4.1. closing of the Game, i.e. termination of its operation by the Licensor;
9.4.2. any, including one-time, violation by the Licensee of the terms of this Agreement or the Game Rules.
9.5. The Licensee may at any time, without notifying the Licensor and without explaining the reasons, terminate this Agreement unilaterally out of court by deleting the gaming account.
9.7. The Licensee agrees and fully acknowledges that all exclusive rights to a localized (translated into appropriate language) Game, including game characters, game items and accessories, graphics, photos, animations, video images, video clips, sound recordings, sound effects, music, text content Games and other components of the Games belong to the Licensor, unless explicitly stated otherwise in the Agreement, on the Internet site of the Game or in the Game itself.
9.8. Licensee may not use certain elements of the Game outside the Game without the Licensor's written consent.
9.9. The Licensee understands, accepts and agrees that any element of the Game, in particular any game characters, is a constituent part of the Game as a computer program and is protected by copyright. Although the Licensee is granted the right to use activated data and commands and the right to use the Game may be granted and during the use of the Game, the management of such game characters is allowed, including the development of such characters in the Game scenario, such management and character development is not and can not under any circumstances, be considered as transfer and / or assignment of an exclusive right in respect of this game character from the Licensor to the Licensee. Such character management and development is also not and can not be regarded as the authorship of the Licensee in relation to the game character and / or the co-authorship of the Licensee and the Licensor with respect to the game character.
9.10. This Agreement does not provide for the assignment of any exclusive rights or the granting of an exclusive license for any components of the Game and / or Game Resources from the Licensor to the Licensee, the assignment by the Licensee of the rights to use the Game.
9.11. In the event that the Licensee is prohibited from using computer games online on the basis of the laws of his state or there are other legal restrictions, including age limits for admission to such software, Licensee may not use the Game. In this case, the Licensee is solely responsible for using the Game on the territory of his/her state in violation of local laws.
9.12. This Agreement may be changed by the Licensor without any prior notification. Any changes to the Agreement carried out by the Licensor unilaterally come into effect on the day following the day of publication of such changes on the Licensor's website. The Licensee undertakes to independently verify the Agreement for changes. Failure by the Licensee to familiarize him/herself with the Agreement and / or the amended version of the Agreement cannot serve as a basis for Licensee's failure to fulfill his/her obligations and Licensee's failure to comply with the restrictions set forth in the Agreement.
9.13. The invalidity of one or more provisions of the Agreement, recognized in due course by a court decision that entered into force, does not entail invalidity of the Agreement as a whole for the Parties. If one or several provisions of the Agreement are recognized invalid in the established procedure, the Parties undertake to fulfill the obligations undertaken by the Agreement as close as possible to the manner implied by the Parties when concluding and / or coordinating the amendment of the Agreement.
9.14. This Agreement and the relations of the Parties in connection with this Agreement and the use of the Game are governed by the laws of the Russian Federation.
9.15. Regarding the form and method of concluding this Agreement, the provisions of the Civil Code of the Russian Federation (the "Civil Code" of the Russian Federation) are applied that regulate the procedure and conditions for concluding a contract by accepting a public offer.
9.16. All disputes between the parties under this agreement shall be resolved through correspondence and negotiations using a mandatory pre-trial (claim) procedure. If it is impossible to reach agreement between the parties by negotiation within 60 (sixty) calendar days from the receipt of a written claim by the other party, the dispute shall be referred by any interested party to a court of general jurisdiction at the location of the Licensor (with the exception of the jurisdiction of the matter by any other courts), unless otherwise expressly provided for by current legislation of the Russian Federation.
9.17. For questions related to the implementation of the Agreement, please contact the Licensor at the following address: Russian Federation, Moscow, 105120, Moscow, Kostomarovsky per., 3 pp. 12.