| Language: |
1. Granting license
DiverFar Inc grants the user a personal, non-exclusive, non-transferable, non-sub-licensed limited right and license to install and use one copy of the Software on the device for your personal use and entertainment ("License"). The rights granted to the user by DiverFar Inc under the License are subject to the terms of this Agreement, and you may use the License only if all applicable conditions are met.
The license comes into force from the moment you accept the terms of this Agreement. The software is provided to you under license, and not for sale. The license does not grant you any title to the Software.
2. License Terms
You agree not to take any of the following actions with respect to the Software or any of its parts: (a) use of the software for commercial or advertising purposes; (b) using the software on more than one device at the same time; (c) copying, reproducing, distributing, representing or using in a manner not expressly specified in this Agreement; (d) selling, renting, licensing, distributing, or otherwise transferring rights to the software; (e) decompiling, obtaining source code, modifying, adapting, translating, reverse engineering or disassembling software or creating derivative products based on it; (f) remove, deactivate, circumvent or modify any proprietary notices or markings or security features that are part of the software; (g) creating, developing, distributing or using any unauthorized programs to gain advantage in the game; (h) use of the Software for the purpose of infringing or violating the rights of a third party, including, without limitation, any intellectual property rights, the right to public use or the right to privacy; (i) use, export or re-export the software in violation of any applicable laws or regulations; or (j) performing actions that adversely affect the satisfaction of other users of the software according to the concept of DiverFar Inc, at the sole discretion of DiverFar Inc including, among other things, the following: stalking, using offensive or obscene expressions, refusing to continue the game, intentional damage to the game , sending unsolicited email (spam), social engineering or fraud.
The software may contain software or fraud detection functions or you may receive an offer to install fraud detection software during the installation of the Software. If you do not agree to install fraud detection software or remove or disable fraud detection software at any time, the License granted to you will be automatically canceled and you will lose your right to use the Software. If you identify any types of fraud, you agree that DiverFar Inc. may use all or some of its rights in accordance with this Agreement.
3. Updates and patches
DiverFar Inc may offer patches and software updates that must be installed to continue your use of the Software or Services. DiverFar Inc may update the Software remotely and without notice to the user, and you hereby agree to install patches and updates by DiverFar Inc. DiverFar Inc may change, suspend, terminate, replace or restrict your access to any part of the Software or Services at any time. You hereby acknowledge and agree that your use of the Software or Services does not entail the appearance of any rights (cash, etc.) for any part or functionality of the Software or Services, including, without limitation, any rewards during the game , achievements or content. In addition, you agree that any data about the character, game progress, game settings, etc. related to your use of the Software or Services may cease to be available to you at any time without prior notice from DiverFar Inc including among other things, the situation when it happened after the patch was installed or updated by DiverFar Inc. DiverFar Inc is under no obligation to maintain or support with respect to the Software.
4. User Content
Any Content that has been created, generated or provided by the user to third parties through the Software or Services, including character data, game settings, game designs and screenshots, is considered "User Content." You hereby grant to DiverFar Inc. a non-exclusive, fully paid, royalty-free, irrevocable, perpetual and sub-licensed license to use, copy, change, modify, distribute and publicly reproduce your User Content. You may not create, generate or make available through the Software any User Content for which you are not entitled to provide the above license to DiverFar Inc. In addition, you may not create, generate or make available through the Software any User Content that is illegal or violates the rights of third parties, including intellectual property rights or confidentiality, public use rights or the moral rights of the author. DiverFar Inc reserves the right to remove any User Content at its own discretion.
5. Feedback
By submitting your feedback and suggestions to DiverFar Inc (Feedback), you grant it a non-exclusive, fully paid, royalty-free, irrevocable, perpetual, assignable, sub-licensed license to reproduce, distribute, modify, create derivative works based on your suggestions, publicly reproduce, public demonstration, production, use, sale, offer for sale, import and other use of Feedback for any purpose, in all current and future methods and forms of use in any country. If any of these rights cannot be granted under a license in accordance with applicable law (such as moral law and other personal rights), you hereby waive any such rights. You understand and agree that DiverFar Inc is not obligated to implement any Feedback you submit. You agree that if DiverFar Inc uses your Feedback, the company is not obliged to include you in the list of thanks or pay any compensation for your contribution to the work. You represent and warrant that you have sufficient rights to any material included in the Feedback that you send to DiverFar Inc to grant this company and other interested parties the rights described above. This includes, among other things, intellectual property rights and other property or personal rights.
6. Ownership / Third Party Licenses
DiverFar Inc and its founders own all rights, including property rights and intellectual property rights, in the Software. Diverfar, Diverfar Inc, ONE, and their respective logos are trademarks or registered trademarks of DiverFar. All rights that you receive under this Agreement are granted only on the terms of express license, and are not sold. This document does not give rise to any licensing or other rights in an implied way, by way of a procedural right or otherwise.
The software includes certain components provided by the developers of the company DiverFar Inc. A list of thanks and notices regarding components of third parties is given in the game interface.
7. Disclaimers and limitation of liability
Software (including Content) and Services are delivered on an "as is", "as available" and "with all errors" principle with no guarantees of any kind. DiverFar Inc disclaims all warranties, conditions, obligations under general law and representations (express, implied, oral and written) with respect to the Software and Services, including, without limitation, any express, implied and statutory warranties and conditions of kind, such as guarantees of legal title, satisfaction with the use of the Software, no copyright infringement, readiness for sale or compliance with certain objectives (regardless of and DiverFar Inc, or has reason to know about such a goal), as well as guarantees of integration into the existing system, accuracy or completeness of information, achievement of results, a reasonable degree of caution, quality performance, absence of viruses, absence of negligence in the manufacture of a product customary law or as part of the usual methods of trading or commercial transactions. Without limiting the generality of the foregoing, DiverFar Inc. does not provide any guarantee that (1) the Software will work properly, (2) The Software will meet your requirements, (3) the Software will work uninterrupted and error-free under any circumstances or (4) any defects in the Software may or will be corrected. Any guarantees in respect of violations specified in the Section of the Uniform Commercial Code or any other similar regulatory document are expressly rejected. DiverFar Inc does not guarantee uninterrupted, error-free, virus-free or reliable operation of or access to the Software or Services. This paragraph applies to the maximum extent permitted by applicable law.
8. Termination of the Agreement
Without limiting any other rights of DiverFar Inc., this Agreement may be terminated automatically without prior notice if you fail to comply with any of its conditions. You may also terminate this Agreement by removing the Software. Upon termination of the Agreement for any reason, the License is automatically terminated, and you will not be able to continue to use any rights granted to you by the License. You will have to destroy all copies of the Software in your possession.
Except as required by law, all payments and fees are non-refundable under any circumstances, regardless of whether this Agreement has been terminated or not.
The provisions of Sections 2, 4-11 shall remain in force after the termination of this Agreement for any reason.
9. Amendments to this Agreement
DiverFar Inc may at any time, at its discretion, amend the Agreement and Privacy Policy by posting the updated Agreement and Privacy Policy on its website or by giving you digital access to the updated versions of these documents the next time you access the Software. If any amendment to this Agreement or Privacy Policy is unacceptable to you, you may terminate this Agreement and must discontinue use of the Software. By continuing to use the Software, you demonstrate your acceptance of the modified version of the Agreement and the Terms of Service, and also confirm that you have read the modified version of the Privacy Policy.
10. Impossibility of transferring rights under the Agreement
You may not, without the prior written consent of DiverFar Inc, assign, transfer or subcontract any or all of your rights or obligations under this Agreement; any such action without such consent will be invalidated. If restrictions on the transfer of the Software specified in this Agreement cannot be enforced in connection with the requirements of the laws of your country, this Agreement will be binding on any recipient of the Software. DiverFar Inc may, at any time, assign, transfer or subcontract any or all of its rights or obligations under this Agreement.
“Software” - ONE's patented software application, any patches and updates for this application, all application-related content and documentation to which DiverFar Inc. gives you access under this Agreement, including but not limited to, program code, rights, topics, objects, characters, names, dialogues, catch phrases, locations, stories, images, animations, concepts, sounds, audiovisual effects, ways of acting and musical compositions that are part of the application, as well as any copies of the above OF DATA materials. The software, in particular, includes the Content for which you paid the appropriate amount or for which you obtained the license by other means in accordance with the provisions of Section 4.
11. Other conditions
This Agreement and any document or information mentioned in this Agreement constitutes an indivisible agreement between you and DiverFar Inc regarding the subject matter of this Agreement. Any other means of exchanging information, suggestions and ideas regarding the subject matter of this Agreement are excluded.
The original of this Agreement is in Russian; any translations are for reference only. You waive any right that may be granted to you in accordance with the laws of your country, for drafting or interpreting this Agreement in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not modify your rights under the laws of your jurisdiction, unless permitted by the laws of your jurisdiction. Limitations and exclusions for the warranties and remedies set forth in this Agreement may not apply to you, as your jurisdiction may not allow them in your particular circumstances. If certain provisions of this Agreement were recognized by a court or tribunal of competent jurisdiction as null and void, these provisions should be implemented to the maximum extent possible (according to legal norms), while the rest of the terms of this Agreement remain in force.
Any action by DiverFar Inc, aimed at applying (or not using or delaying the use of the company) of any of its rights under this Agreement, by law or by law, will not be considered a waiver of any other rights or remedies specified in the contract, law or justice.
You agree that this Agreement does not grant any rights or remedies to any person, except for the parties to this Agreement, unless otherwise specified.
The obligations of DiverFar Inc are governed by existing laws and judicial procedures, and DiverFar Inc may comply with the requirements and requests of law enforcement and legislative bodies, in spite of any provisions of this Agreement to the contrary.
DiverFar Inc grants the user a personal, non-exclusive, non-transferable, non-sub-licensed limited right and license to install and use one copy of the Software on the device for your personal use and entertainment ("License"). The rights granted to the user by DiverFar Inc under the License are subject to the terms of this Agreement, and you may use the License only if all applicable conditions are met.
The license comes into force from the moment you accept the terms of this Agreement. The software is provided to you under license, and not for sale. The license does not grant you any title to the Software.
2. License Terms
You agree not to take any of the following actions with respect to the Software or any of its parts: (a) use of the software for commercial or advertising purposes; (b) using the software on more than one device at the same time; (c) copying, reproducing, distributing, representing or using in a manner not expressly specified in this Agreement; (d) selling, renting, licensing, distributing, or otherwise transferring rights to the software; (e) decompiling, obtaining source code, modifying, adapting, translating, reverse engineering or disassembling software or creating derivative products based on it; (f) remove, deactivate, circumvent or modify any proprietary notices or markings or security features that are part of the software; (g) creating, developing, distributing or using any unauthorized programs to gain advantage in the game; (h) use of the Software for the purpose of infringing or violating the rights of a third party, including, without limitation, any intellectual property rights, the right to public use or the right to privacy; (i) use, export or re-export the software in violation of any applicable laws or regulations; or (j) performing actions that adversely affect the satisfaction of other users of the software according to the concept of DiverFar Inc, at the sole discretion of DiverFar Inc including, among other things, the following: stalking, using offensive or obscene expressions, refusing to continue the game, intentional damage to the game , sending unsolicited email (spam), social engineering or fraud.
The software may contain software or fraud detection functions or you may receive an offer to install fraud detection software during the installation of the Software. If you do not agree to install fraud detection software or remove or disable fraud detection software at any time, the License granted to you will be automatically canceled and you will lose your right to use the Software. If you identify any types of fraud, you agree that DiverFar Inc. may use all or some of its rights in accordance with this Agreement.
3. Updates and patches
DiverFar Inc may offer patches and software updates that must be installed to continue your use of the Software or Services. DiverFar Inc may update the Software remotely and without notice to the user, and you hereby agree to install patches and updates by DiverFar Inc. DiverFar Inc may change, suspend, terminate, replace or restrict your access to any part of the Software or Services at any time. You hereby acknowledge and agree that your use of the Software or Services does not entail the appearance of any rights (cash, etc.) for any part or functionality of the Software or Services, including, without limitation, any rewards during the game , achievements or content. In addition, you agree that any data about the character, game progress, game settings, etc. related to your use of the Software or Services may cease to be available to you at any time without prior notice from DiverFar Inc including among other things, the situation when it happened after the patch was installed or updated by DiverFar Inc. DiverFar Inc is under no obligation to maintain or support with respect to the Software.
4. User Content
Any Content that has been created, generated or provided by the user to third parties through the Software or Services, including character data, game settings, game designs and screenshots, is considered "User Content." You hereby grant to DiverFar Inc. a non-exclusive, fully paid, royalty-free, irrevocable, perpetual and sub-licensed license to use, copy, change, modify, distribute and publicly reproduce your User Content. You may not create, generate or make available through the Software any User Content for which you are not entitled to provide the above license to DiverFar Inc. In addition, you may not create, generate or make available through the Software any User Content that is illegal or violates the rights of third parties, including intellectual property rights or confidentiality, public use rights or the moral rights of the author. DiverFar Inc reserves the right to remove any User Content at its own discretion.
5. Feedback
By submitting your feedback and suggestions to DiverFar Inc (Feedback), you grant it a non-exclusive, fully paid, royalty-free, irrevocable, perpetual, assignable, sub-licensed license to reproduce, distribute, modify, create derivative works based on your suggestions, publicly reproduce, public demonstration, production, use, sale, offer for sale, import and other use of Feedback for any purpose, in all current and future methods and forms of use in any country. If any of these rights cannot be granted under a license in accordance with applicable law (such as moral law and other personal rights), you hereby waive any such rights. You understand and agree that DiverFar Inc is not obligated to implement any Feedback you submit. You agree that if DiverFar Inc uses your Feedback, the company is not obliged to include you in the list of thanks or pay any compensation for your contribution to the work. You represent and warrant that you have sufficient rights to any material included in the Feedback that you send to DiverFar Inc to grant this company and other interested parties the rights described above. This includes, among other things, intellectual property rights and other property or personal rights.
6. Ownership / Third Party Licenses
DiverFar Inc and its founders own all rights, including property rights and intellectual property rights, in the Software. Diverfar, Diverfar Inc, ONE, and their respective logos are trademarks or registered trademarks of DiverFar. All rights that you receive under this Agreement are granted only on the terms of express license, and are not sold. This document does not give rise to any licensing or other rights in an implied way, by way of a procedural right or otherwise.
The software includes certain components provided by the developers of the company DiverFar Inc. A list of thanks and notices regarding components of third parties is given in the game interface.
7. Disclaimers and limitation of liability
Software (including Content) and Services are delivered on an "as is", "as available" and "with all errors" principle with no guarantees of any kind. DiverFar Inc disclaims all warranties, conditions, obligations under general law and representations (express, implied, oral and written) with respect to the Software and Services, including, without limitation, any express, implied and statutory warranties and conditions of kind, such as guarantees of legal title, satisfaction with the use of the Software, no copyright infringement, readiness for sale or compliance with certain objectives (regardless of and DiverFar Inc, or has reason to know about such a goal), as well as guarantees of integration into the existing system, accuracy or completeness of information, achievement of results, a reasonable degree of caution, quality performance, absence of viruses, absence of negligence in the manufacture of a product customary law or as part of the usual methods of trading or commercial transactions. Without limiting the generality of the foregoing, DiverFar Inc. does not provide any guarantee that (1) the Software will work properly, (2) The Software will meet your requirements, (3) the Software will work uninterrupted and error-free under any circumstances or (4) any defects in the Software may or will be corrected. Any guarantees in respect of violations specified in the Section of the Uniform Commercial Code or any other similar regulatory document are expressly rejected. DiverFar Inc does not guarantee uninterrupted, error-free, virus-free or reliable operation of or access to the Software or Services. This paragraph applies to the maximum extent permitted by applicable law.
8. Termination of the Agreement
Without limiting any other rights of DiverFar Inc., this Agreement may be terminated automatically without prior notice if you fail to comply with any of its conditions. You may also terminate this Agreement by removing the Software. Upon termination of the Agreement for any reason, the License is automatically terminated, and you will not be able to continue to use any rights granted to you by the License. You will have to destroy all copies of the Software in your possession.
Except as required by law, all payments and fees are non-refundable under any circumstances, regardless of whether this Agreement has been terminated or not.
The provisions of Sections 2, 4-11 shall remain in force after the termination of this Agreement for any reason.
9. Amendments to this Agreement
DiverFar Inc may at any time, at its discretion, amend the Agreement and Privacy Policy by posting the updated Agreement and Privacy Policy on its website or by giving you digital access to the updated versions of these documents the next time you access the Software. If any amendment to this Agreement or Privacy Policy is unacceptable to you, you may terminate this Agreement and must discontinue use of the Software. By continuing to use the Software, you demonstrate your acceptance of the modified version of the Agreement and the Terms of Service, and also confirm that you have read the modified version of the Privacy Policy.
10. Impossibility of transferring rights under the Agreement
You may not, without the prior written consent of DiverFar Inc, assign, transfer or subcontract any or all of your rights or obligations under this Agreement; any such action without such consent will be invalidated. If restrictions on the transfer of the Software specified in this Agreement cannot be enforced in connection with the requirements of the laws of your country, this Agreement will be binding on any recipient of the Software. DiverFar Inc may, at any time, assign, transfer or subcontract any or all of its rights or obligations under this Agreement.
“Software” - ONE's patented software application, any patches and updates for this application, all application-related content and documentation to which DiverFar Inc. gives you access under this Agreement, including but not limited to, program code, rights, topics, objects, characters, names, dialogues, catch phrases, locations, stories, images, animations, concepts, sounds, audiovisual effects, ways of acting and musical compositions that are part of the application, as well as any copies of the above OF DATA materials. The software, in particular, includes the Content for which you paid the appropriate amount or for which you obtained the license by other means in accordance with the provisions of Section 4.
11. Other conditions
This Agreement and any document or information mentioned in this Agreement constitutes an indivisible agreement between you and DiverFar Inc regarding the subject matter of this Agreement. Any other means of exchanging information, suggestions and ideas regarding the subject matter of this Agreement are excluded.
The original of this Agreement is in Russian; any translations are for reference only. You waive any right that may be granted to you in accordance with the laws of your country, for drafting or interpreting this Agreement in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not modify your rights under the laws of your jurisdiction, unless permitted by the laws of your jurisdiction. Limitations and exclusions for the warranties and remedies set forth in this Agreement may not apply to you, as your jurisdiction may not allow them in your particular circumstances. If certain provisions of this Agreement were recognized by a court or tribunal of competent jurisdiction as null and void, these provisions should be implemented to the maximum extent possible (according to legal norms), while the rest of the terms of this Agreement remain in force.
Any action by DiverFar Inc, aimed at applying (or not using or delaying the use of the company) of any of its rights under this Agreement, by law or by law, will not be considered a waiver of any other rights or remedies specified in the contract, law or justice.
You agree that this Agreement does not grant any rights or remedies to any person, except for the parties to this Agreement, unless otherwise specified.
The obligations of DiverFar Inc are governed by existing laws and judicial procedures, and DiverFar Inc may comply with the requirements and requests of law enforcement and legislative bodies, in spite of any provisions of this Agreement to the contrary.