This License is a document concluded between You, individual – lawful owner of the software sample (hereinafter referred to as the “User”) and Innova in relation to “4game Application” software in accordance with its definition in this License. By installing (copying to PC’s memory) 4game Application or otherwise legally using the above software, You agree with the terms and conditions of this License without any exceptions.
1.1. 4game Application shall mean the software required to use 4game Service for the purpose of obtaining access and use of the functionality of 4game Service, i.e. necessary to ensure maintenance of the access to the individual account and its management, to ensure the technical possibility to record on PC’s memory (install the Client of the Game), completion of the registration and conclusion of the respective User Agreement with Innova, as well as to obtain access and participate in the game process (Games), the rights in relation to which are held by Innova and/or its affiliates.
Other terms used in the License shall have the meanings in accordance with the Agreement on the use of 4game Service.
1.2. Access to the game process, completion of the registration procedure and conclusion of the respective license and User agreement with Innova in relation to any Game may be granted subject to the use of 4game Application, unless otherwise provided for by the respective web-site of the Game, including the User Agreement.
1.3. The User shall guarantee that the equipment and communication means used by him/her, including carrier services, are sufficient and proper for the use of 4game Application. Meanwhile, the User acknowledges that 4game Application may be used subject to the following minimum technical capabilities, i.e. OS with the latest updates Microsoft Windows Vista 32bit /Windows7 32bit (as well as the PC compatible with such an operation system), Internet Explorer 11 browser or higher, 40 MB available on the hard drive, Internet connection; additional requirements and restrictions may be posted on 4game.com.
1.4. All exclusive rights for 4game Application are protected by the applicable law and international treaties (agreements) provided, however, that conflict rules do not apply.
2.1. Based on this License, the User shall be granted free of charge and for his/her own personal non-commercial objectives:
• the right to install (record in PC’s memory) 4game Application to one PC (device) of the User; • the right to launch 4game Application exclusively for the use of 4game Service and/or game projects personally by the User.
2.2. All rights explicitly not granted by this License shall be reserved by Innova and shall be considered not provided to the User.
2.3. This Agreement also doesn’t provide the User with the right for:
• elements (components, parts) of 4game Application. The User shall not have the right to use them for any purposes, except while using 4game Application in accordance with the terms and conditions of this License; • Games and elements of Games. To use the Games and to obtain the access to entertainment services, the User shall conclude a separate agreement with Innova. • Means of individualization of persons, products, works, services, including logos, trademarks, service marks, trade names; • Other software, except for 4game Application, in the volume stipulated by the License.
2.4. The License for 4game Application is indivisible.
2.5. The License for 4game Application shall also apply to updates, additions, additional components, which may be provided, or access to which may be granted by Innova, as well as by its partners and counteragents, while the User uses 4game Application, in case when the right to use such updates, additions, additional components is not transferred on the basis of independent agreements. In this case, such updates, additions and additional components for 4game Application shall be installed in the same system folders and files on your personal computer, in which a copy of 4game Application is stored. Innova shall additionally notify the Users in case of material changes in 4game Application.
3.1. License Validity.
This License shall be valid for 6 months from the date of installation of 4game Application. The Agreement shall be prolonged automatically for the same period in case when neither Party announces its termination and/or terminates the License.
3.2. User may not:
• change or create any derivative products on the basis of 4game Application or any its element (including audiovisual sequence and source code), including translation or localization; • remove any signs and/or information, including copyright signs, individualization means, technical protection tools; • block the operation of any technical protection tools of Games and/or elements of Games, including the content of Games; • copy 4game Application, except for the cases explicitly provided for by this Agreement; • divide 4game Application and/or its elements into components; • disclose the technology, decompile, disassemble or by any other means try to obtain the source code of the Application, make any changes to the source code, modify the functionality of 4game Application; • distribute, complicate, sell, sublicense, lease or rent, mortgage, commercially benefit from its use or dispose thereof (including without any commercial benefit) by any other means not specified by the License; • use explicitly prohibited software, including for the purpose of interference in the operation of 4game Service.
3.3. The rights under this Agreement, in part or in full, may not be assigned by the User to any third parties. Innova shall be authorized to assign the rights and obligations under this Agreement to any third parties without User’s consent in writing.
3.4. Innova shall not be liable to provide the User with its technical support and does not guarantee that any failures or defects in 4game Application will be cured.
3.5. Technical Protection Tools of 4game Application
4.1. Regardless of the bases for termination (suspension, refusal) of this Agreement, the User shall promptly uninstall 4game Application (its archive copies) from PC’s memory (User’s PC).
4.2. This Agreements shall be valid up to the expiry of the License validity, as defined in p. 3.1. of the Agreement, or up to its early termination (refusal to perform it).
4.3. The User shall have the right to unilaterally terminate this Agreement at any time by uninstalling the Client (its archive copies) from his/her PC’s memory subject to notification of Innova not less than one business day prior to the expected termination. Upon receipt of such a notice, this Agreement and agreements on the games located on 4game Service, if such agreements have been concluded with the User, shall be considered terminated.
The notice shall be considered duly submitted, if sent through the system of support.4game.com.
4.4. Innova shall (on a unilateral extrajudicial basis) be authorized to refuse to perform this Agreement in full or in part without prior notification of the User, including in case of breach by the User of other agreements concluded between him/her and Innova.
4.5. Innova shall have the right to suspend provision of services, for the purpose of purchase of which the User has been granted this License, by blocking (deleting) the account and/or Individual Account of the User. This Agreement and any agreements for the Games located on 4gane Service, if such agreements have been concluded, shall be considered terminated from the date of such blocking.
5.1. The User confirms that 4game Application is provided according to “AS IS” principle. The User fully accepts the risk of consequences arising out of using of 4game Application, including interaction with other software installed on the User’s PC and agrees that the result of such use may not correspond to the expectations of the User.
5.2. In no circumstance Innova, its affiliates, holders of the rights for the Games, as well as Innova’s partners and counteragents shall incur any liability for any damage or losses (including, but not limited to, lost profit, losses caused by disclosure of confidential or other information through User’s fault, interruptions in participation in the Game process) arising in connection with the use or impossibility to use 4game Application, including in case of malfunctioning of the program, even when the User has sent a notice on the possibility of origination of such losses and/or damage.
5.3. Innova, its affiliates, holders of rights for the Games, as well as Innova’s partners and counteragents shall not be liable to any persons/entities for illegal acts by any third parties, temporary malfunctioning and interruptions in the operation of 4game Application caused by failures in communication lines, other similar failures, as well as malfunctioning of equipment, with the help of which 4game Application is used.
6.1. This Agreement may be changed and/or amended by Innova at any time within the validity of the Agreement. All changes and/or amendments shall be posted by Innova on the Web-Site and shall become valid upon such posting. The User undertakes independently to read all such changes and/or amendments not less than once in two calendar days.
6.2. This Agreement shall be governed by the laws of the Grand Duchy of Luxembourg and/or by applicable international treaties and agreements (conflict rules shall not apply).
6.3. All disputes arising out of this Agreement shall be submitted to the court at Innova’s location.
6.4. In case the User has any questions relating to this License and/or use of 4game Application, he/she can apply at the address: Innova Co. S.à r.l., 16 RUE ERASME, L-1468 Luxembourg, or via e-mail: email@example.com.