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ATTENTION: BY PUTTING ON THE BUTTON, YOU:
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LICENSE AGREEMENT |
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(version 1.0.3 of 07.01.2015) |
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You (hereinafter – “the Licensor”) and Limited liability company “Mobilnye Igry” (hereinafter – “the Licensee”) are entering into the present License Agreement (hereinafter – “the Agreement”) on the terms set below. |
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The below terms have the following sense in the Agreement: |
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“Game” – software named Shadow Fight 2, being presented as the aggregate of data and commands designated for operation of a personal computer (mobile) device of the Licensee, including preparatory materials, gained due to the development of the Game, as well as audiovisual images generated by it, which allows the Licensee to take game actions following the Game plot. The Game includes the Main software, ensuring the Game operation, and the Special software. |
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“the Main software” – software necessary for reproduction and use of the Game available at: (for Android devices); (for iOS devices). |
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“Special software” – software available at: (for Android devices) (for iOS devices). |
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“the Parties” – the Licensor and the Licensee together. |
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1.1.Within the scope of the Agreement and on conditions set herein the Licensor grants the Licensee a right to use the Game: |
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1.2.The non-exclusive gratuitous license for the Main software provides for use of the Main software in the following manners: |
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1.3.The non-exclusive non-gratuitous license for the Special software allows to use the Special software in the following manners: |
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1.4.The Licensor is entitled from time to time to grant the non-exclusive gratuitous license for some Special software, determined at the Licensor’s discretion, for using them in the manners as set in the clause 1.3 of the Agreement, on condition that the Licensee will review the advertising messages of the Licensor’s partners, of which the Licensor will notify the Licensee at his discretion from time to time. |
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1.5. Use of the Main software and Special software in the manners not indicated in the Agreement is not allowed. |
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2.1. For using the Special software the Licensee pays the license remuneration, determined depending on the type Special software for which the Licensee acquires the non-exclusive non-gratuitous license. |
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2.2. The way to determine the license remuneration is available at: (for Android devices) (for iOS devices). and may be unilaterally changed by the Licensor without the separate notification to the Licensee. |
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2.3. The License remuneration should be paid by transferring the remuneration to the Licensor’s agent - Google Ireland Limited (address: Gordon House, Barrow Street, Dublin 4, Ireland) – according to the Google Play Terms of Use, accept of which is obligatory for the Licensee. |
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3.1. The Licensor is entitled: |
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3.2. The Licensor is obliged: |
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4.1. The Licensee is entitled: |
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4.2. The Licensee is obliged: |
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5.1. The Main and Special software is provided “as is”: the Licensor uses the Main and Special software as it is provided by the Licensor irrespective of whether the Game satisfies esthetic or other needs of the Licensor. |
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5.2. The Licensor bears not liability in case the Licensee loses access to the Game, including in case the Licensee loses his / her personal computer (mobile) device from which the Licensee reproduced the Game. |
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5.3. The Licensor bear no liability for any technical problems, including the absence of the Internet access preventing the Licensee from using the Game, as well as in cases where the Licensee cannot reproduce the Game on his / her personal computer (mobile) device. |
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5.4. The Licensor bear no liability for the content of advertising messages indicated in clause 1.4 of the Agreement. |
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5.5. In case the Licensee has counter indications to use the Game, including, but not limited to the epileptic or other nervous disorders, the Licensee is obliged not to use the Game. The Licensor bear no liability for the Licensee’s actions of the using the Game in case of any counter indications. |
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5.6. The Licensor bears no liability for unreasonable, overdue or any other similar use of the Game, which may be detrimental to the Licensee. |
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5.7. The Licensor bears no liability for any possible delays in receiving the license remuneration, payment of which is a condition for providing the Special software. |
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5.8. The Licensor bears no liability for the Licensee’s failure to obtain the necessary consent from his / her parents or legal representatives to enter into the Agreement and to use the Game in case the Licensee is below 18 (eighteen) years old. |
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5.9. In any case the Licensor’s liability is limited, being RUR 1 000 (one thousand). |
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6.1. The present Agreement is executed according to section 3 article 434 and section 3 article 438 of the Russian Civil Code by implicative conduct (putting on the button under this Agreement in Game). |
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6.2. The present Agreement extends to all previous relations between the Parties. |
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6.3. Invalidity of any term of the Agreement does not give rise to invalidity of the whole Agreement. |
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6.4. In case of the Licensee’s transfer of any his / her personal data to the Licensor, the Licensor will use such personal data for the purpose of performing the Agreement. |
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6.5. The Licensor is entitled to amend the Agreement unilaterally at any time, as well as to terminate the Agreement unilaterally without any notification to the Licensee. |
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6.6. The present Agreement provides for the pretrial dispute / conflict resolution procedure between the Parties. In case of disputes of disputes / conflicts the Licensee is obliged to send the Licensor by e-mail mobilegamesjsc@gmail.com the corresponding letter describing the problem. The Licensee is entitled to respond to the letter within 15 (fifteen) business days since the day of the receipt by the Licensor. |
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6.7. If the Parties fail to reach agreement regarding the emerged dispute or conflict, the dispute or conflict are subject to adjudication by the court of the general jurisdiction at the location of the Licensor. |
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6.8. The present Agreement is governed by the legislation of the Russian Federation and is entered into force since the date when the Licensee accepted it. |