END USER LICENCE AGREEMENT
ANY USE OF THE GAME MEANS THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THIS END USER LICENCE AGREEMENT (HEREINAFTER - THE EULA) AND AGREE TO BE BOUND BY THEM.
WARNING: THE GAME OFFERS IN-GAME PURCHASES
1 GENERAL PROVISIONS
1. Right-holder - limited liability company "Vizor Interactive", registered at the address: 220114, Republic of Belarus, Minsk, pr-t Nezavisimosti, 117a, office 6.
2. Game - multimedia product "Zombie Castaways", an individual copyrighted work, designed for organization of gaming.
3. Google - Google Inc., registered in Delaware, USA with the headquarters located at the address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Google Ireland Limited registered in Ireland with the headquarters located at the address: Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited registered in Ireland with the headquarters located at the address: Gordon House, Barrow Street, Dublin 4; as well as Google Asia Pacific Pte. Limited registered in Singapore with the headquarters located at the address: 8 Marina View, Asia Square 1 #30-01, Singapore 018960.
4. Account - personal account of a user of Google services, which is provided by Google administration under the Google Terms of Service (the Google Terms of Services are available at the following link: http://www.google.ru/intl/ru/policies/terms/regional.html). The Account is accessed with a login and password.
5. User - any person having an Account and using the Game. If the Account was provided for a fictitious person, the User shall be deemed to be the person that actually uses the Account of this fictitious person for accessing Google services.
6. Google Play - an online trading platform, developed and managed by Google, which is used by the Right-holder for distribution of the Game among users of Google services.
7. Content - video and audio materials, images and texts, created by the Right-holder for or in connection with the Game.
8. Game Supplemental Functionality - software codes processed on an electronic computing machine as a part of the Game and intended to provide the User with additional functions of the Game. The Game Supplemental Functionality operates in the form of In-game Goods posted to a game account of the User for a fee.
9. In-game Goods - software codes processed on an electronic computing machine as in-game objects that the User acquires while performing certain actions within the Game or for a fee. In-game Goods can be used within the Game exclusively; they have no real value and cannot be exchanged for non-game ("real") currency or non-game ("real") property. In-game Goods include, among other things:
a) in-game currency ("coins" and "zombucks");
b) experience points (reflect the level of User's skills within the Game);
c) in-game objects, acquired as the result of various actions performed by the User within the Game ("wood", "blocks", etc.).
10. Legislation - legislation of the Russian Federation.
11. The User confirms that under the law of the state of his or her nationality he or she:
a) is eligible to conclude the EULA either himself or herself or with parental consent, given by a parent or a guardian;
b) has obtained parental consent, given by a parent or a guardian for concluding the EULA (if necessary);
c) has legal capacity necessary for exercising rights and performing duties under the EULA.
12. The Game is provided to the User "as is". The Right-holder does not give any warranties that the Game, including the Game Supplemental Functionality:
a) will function uninterrupted and without any errors;
b) will comply with the User's expectations.
13. The Right-holder shall not be liable for any damage caused to the User (including, but not limited to, damage caused to the User's property or proprietary rights) as the result of using the Game or inability to use the Game.
14. The Right-holder shall not be liable for any aspects of Google Play functioning (prohibition of access, failures and breakdowns of Google Play, etc.) or any actions taken by Google.
15. The Right-holder grants the User a non-exclusive licence to use the Game and the Content free of charge.
16. The Right-holder provides the User with the right to use the Game Supplementary Functionality. The duty to provide the User with the right to use the Game Supplementary Functionality is considered performed after the respective amount of In-game Goods are posted to the User's game account for a fee. The User is entitled to cancel a payment using respective Google functionality. When cancelling the payment the Right-holder debits the game account of the User with the number of In-game Goods previously posted.
2 WARNING FOR PARENTS AND GUARDIANS
1. The Game offers the Game Supplementary Functionality, which is provided to the User upon his or her request for a fee. The User is not obliged to use the Game Supplementary Functionality; in this case no money will be debited to the User's account.
2. By downloading and using the Game the User confirms that he or she is eligible to use the Game, including the Game Supplementary Functionality. Parents or guardians of a User who is under legal age shall control his or her use of the Game (as well as the Game Supplementary Functionality).
3. The Right-holder shall not be liable for any actions of the User within the Game, including use of the Game Supplementary Functionality.
3 THE USER'S RIGHTS AND DUTIES
1. The User shall perform the EULA in good faith.
2. The User is entitled to perform actions, covered by the technical capabilities or logics of the Game. Such actions include, but not limited to:
a) manipulating a game character;
b) collecting In-game Goods;
c) acquiring In-game Goods (except in-game currency) for in-game currency;
d) using the Game Supplementary Functionality;
3. The User is entitled to inquire the Right-holder with regard to defective Game functioning (technical failures, etc.) if such defective functioning is not caused by the User's actions; peculiarities of hardware and software used by the User; quality of the Internet connection; Google Play operation, as well as other circumstances that the Right-holder is not responsible for. The Users' inquiries shall be sent to the e-mail: email@example.com.
4 THE USER MUST NOT:
1. examine the Game source code, modify or amend it, create new works on its basis;
2. mislead the Right-holder (in particular over the personality of the User, his or her age, scope of legal capacity, etc.);
3. pass the login and password of the Account to third parties;
4. provide third parties (including, but not limited to family members) with a possibility to access the Game with the User's Account;
5. use the Game in any way that interferes or may interfere with normal Game functioning;
6. use bots (computer programs intended for performance of certain actions within the Game for the User), cheats (codes, embedded in the Game for getting additional advantages within the Game), as well as any other computer programs and/or technical means that interfere with normal Game functioning and/or aimed at getting additional advantages within the Game, which are not provided for by the rules, logics or technical capabilities of the Game.
7. make use of defects of the Game functioning whether such use results in additional advantages within the Game or not.
5 THE RIGHT-HOLDER IS ELIGIBLE TO:
1. limit the Game functionality fully or partially on his sole discretion (including, but not limited to deleting the Game from Google Play). The Right-holder is not obliged to notify the User of any limitation of functionality and is not liable for any damage caused to the User as the result of limitation of the Game functionality;
2. process information about the User's activity within the Game;
3. to change on his sole discretion any and all Game parameters (as well as characteristics of In-game Goods), including without limitations:
a) value of In-game Goods, expressed in in-game currency;
b) the amount of fee to be paid for use of the Game Supplementary Functionality;
c) the way to determine the User's advancement within the Game (transition to a higher level within the Game) and earning experience points;
d) ways to interplay with the In-game Goods;
e) logics and technical capabilities of the Game;
4. exercise other rights in accordance with the EULA and Legislation.
6 TRANSFER OF INFORMATION ABOUT CRIMES
In case the Right-holder learns about the User's illegal activity, he has the right to inform law enforcement authorities about violations of the Legislation committed by the User and to pass to law enforcement authorities all available information about such violations. Should the Right-holder receive a respective enquiry he is also entitled to pass such information to law enforcement authorities or other organizations that are eligible for obtaining such information under the Legislation.
7 INTELLECTUAL PROPERTY
1. The Game and the Content are copyrighted works.
2. The copyright for the Game and the Content belongs to the Right-holder. All rights reserved.
3. The Right-holder grants the User a non-exclusive licence to do any of the following:
a) to use the Game as intended (to download, install and run the Game; to perform actions provided for by the technical capabilities and logics of the Game);
b) to use the works, copyright for which belongs to the Right-holder (the Game, including the name of the Game; characters related to the Game and developed for the Game, as well as the Content) for participation in contests organized by the Right-holder or a third party subject to the Right-holder's approval.
4. Any commercial use of the Game or the Content by the User is PROHIBITED.
5. The User is not allowed to transfer this licence to any third party or sublicense third parties for use of the Game or Content. This licence also covers all updates and/or additional components of the Game or Content, which will be created and provided to the User in future.
6. The User grants the Right-holder a free non-exclusive licence (hereinafter - the Licence) to use the copyrighted works related to the Game and created by the User for participation in contests organized by the Right-holder (hereinafter - the User Content). This licence is open and provides the Right-holder with the right to use the User Content in any way specified in Art. 1270 of the Civil Code of the Russian Federation (part IV) dated 18.12.2006 No. 230-FZ in any state both with and without an indication of an author's name. The User shall take all necessary measures to provide legal basis for such transfer of copyright for User Content in the Right-holder's favor.
7. The User guarantees that he or she is the owner of copyright for the User Content.
8. The Right-holder is entitled to allow third parties to use the User Content anywise for non-commercial purposes (sublicence), except for the cases when such use prejudices legitimate interests of the User.
9. The effective term of the Licence is 5 years starting from the moment the User passes the User Content to the Right-holder. Upon expiration of this term it is automatically prolonged each time for 5 years if the User has not notified the Right-holder that he or she intends not to prolong the effective term of the Licence. Such notification shall be sent to an email address firstname.lastname@example.org not later than 1 month prior to expiration of the Licence effective term; such notification shall state the User Content, for which the effective term of the Licence will not be prolonged, as well as the day when the User Content was provided to the Right-holder.
10. In case the User Content violates rights and/or legitimate interests of third parties, liability for these infringements lies on the User that has provided such User Content.
8 Epilepsy Warning
1. Visual effects of the Game, especially flashes of light and ornaments may cause an epileptic seizure. A person may have an epileptic seizure even if he or she has no medical history of epilepsy.
2. The User shall immediately stop using the Game and consult a medical professional if the following symptoms arise:
a) sudden groundless anxiety or fear;
b) involuntary body movements, tingling;
c) auditory or visual hallucination;
d) clouding of consciousness.
3. Parents (guardians) of the User, who is under the legal age, shall monitor his health while he or she is using the Game.
9 Final Provisions
1. The EULA and all annexes thereof are regulated by the law of the Russian Federation.
2. Invalidity of any provision of the EULA invalidates neither the EULA as a whole, nor other provisions thereof.
3. All disputes arising out of the EULA (including, but not limited to disputes over the invalidity of the EULA, as well as disputes over interpretation and performance of the EULA) shall be settled by state courts of the Republic of Belarus.
4. If a dispute defined in clause 9.3 of the EULA is submitted to the court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).
5. Non-performance of any provision of the EULA either by the Right-holder or by the User does not constitute a refusal to perform such provision at present or in future, neither does it deprive the other party of the right to demand performance of such provision.