4game Center License Agreement

Notification! Please read it carefully!

Please make sure that you fully and correctly understand the terms of 4GAME CENTER LICENSE AGREEMENT (hereinafter referred to as the «4game Center») before accepting it and proceeding to the installation.

Hereby you confirm that you have been notified and understand that the current version of 4game Center (proposed for installation) is a test version and may contain errors, defects, malfunctions, and may work improperly. In addition, the test version of the 4game Center may provide access to incomplete functions of 4game Center mentioned in the license. You understand that the current version of 4game Center may be modified and changed at any time at sole discretion of Innova. You fully assume the risk of any consequences of using 4game Center in the version that is offered for installation, including its interaction with the software installed on the User's PC, and agree that the result of 4game Center using may not meet your expectations.

By clicking «I agree, install» («I agree, update», «I agree, play») you confirm that you are familiar with the terms of 4GAME CENTER LICENSE AGREEMENT and all its provisions are clear for you and agree to comply with them.

4GAME CENTER LICENSE AGREEMENT

This License is a document concluded between you, a natural person - lawful purchaser of a software copy (hereinafter referred to as the «User»), and Innova in relation to the using of 4game Center software (hereinafter referred to as the «4game Center») as stated in this License. By installing (copying to the PC’s memory) or using this software by other lawful means, hereby you unconditionally and fully accept this License terms.

1. General Provisions

1.1. “4game Center” means the software (including its technical protection facilities) used to operate 4game Service, obtain the access to information and data located on 4game Service, register and conclude relevant user’s agreement with Innova in order to create a 4game account on 4game Service, use its functions, access Individual account, manage it and use it for payments for Services, provide technical capability of copying of Game Client to the PC’s memory (to install Game Client located on 4game Service), as well as obtain access to game projects (Games) located on 4game Service and participate in them.

It is not required to create a user’s account at 4game Service to install 4game Center (to record it to the PC’s memory), however, functions of 4game Center in this case may be limited. The User can access 4game Center’s full functions after creating an account at 4game Service and registration/authorization at the Service.

The user can legally obtain a copy of 4game Center from the Game page published on 4game Service https://4game.com/. Innova will inform Users on the 4game Center’s availability from other sites. The 4game Center distribution through other resources and using such copies distributed in such a way to obtain Services at 4game Service will be considered as violation of Innova's exclusive rights.

1.2. Access to functions of 4game Service, Game Client, Games located on 4game Service and game process, registration process and conclusion of corresponding license and User’s agreement with Innova in relation to any Game are possible via 4game Center or 4game Client Application, unless otherwise is expressly provided on the corresponding Game site, including Game User’s Agreement.

At the end of the test period, determined exclusively at the discretion of Innova, Innova reserves the right to leave one of the ways to access the functions of 4game Service, Games and game process. Users will be additionally informed about it.

1.3. The User guarantees that his/her equipment and communication means, including communication statement services, are sufficient and efficient for using of 4game Center. At the same time, the User understands that the 4game Center use is possible with the following minimal system and technical capabilities: OS Microsoft Windows Vista 32bit or Microsoft Windows7 32bit or higher (plus computer consistent with the named OS) browser Internet Explorer 11 and higher, 40 Mb hard disc drive, internet connection. Additional requirements and limitations may be posted on website 4game.com.

1.4. Innova's exclusive right to 4game Center is protected by applicable legislation and international contracts and agreements (conflicts norms are not applied).

1.5. Terms that are not defined, but used in this License, are defined in accordance with 4game Terms of Use.

2. License Terms

2.1. Based on this non-exclusive, non-transferable, non-sublicensable License, the following rights are provided to the User for free, for personal non-commercial purposes:

• right to install (record to the PC's memory) one copy of 4game Center on one computer (PC) of the User; • right to launch 4game Center solely for the operation of 4game Service and/or Games located on 4game Service by the User personally.

Furthermore, one copy of 4game Center can be launched at the User's PC several times, i.e. it can run in multiple windows. Innova reserves the right to limit the use of 4game Center in several windows at any time. Users will be additionally notified about it.

2.2. All rights not expressly granted by this License are retained by Innova. They are not considered as granted to the User.

2.3. The license does not entitle (and cannot be interpreted as entitling) the User to:

• use 4game Center elements (parts, components) separately, including any audiovisual elements and other content located on 4game Service. The user is not entitled to use them in any other way, except when using 4game Center in accordance with the terms of this License; • Games and elements of Games, including game characters, game items, locations, soundtracks and other game content. For the operation of Games and obtaining access to entertainment services the User shall conclude separate agreements with Innova; • means of individualization of persons, goods, works, services, including logos, trademarks, service marks, company names; • other software (except 4game Center) in the scope stated in the License.

2.4. The License is indivisible.

2.5. The License is applied to updates, amendments, changes, additional components that may be provided or accessed by Innova, its partners or counterparties when using 4game Center, if the right of using such updates, amendments, changes, additional components is not transferred on the basis of independent agreements. In this case updates, amendments, changes, additions to 4game Center are installed in the same system folders and files on your PC, where 4game Center copy is stored. Innova shall additionally notify the Users in case of material changes in 4game Center.

2.6. Hereby the User agrees that in order to maintain 4game Center update availability, to improve and/or expand its functions, Innova has the right (at any time, without notification of the User) to carry out corrections of 4game Center errors, modify it, create 4game Center new versions, update Game Clients, including informing User via 4game Center about the need to update 4game Center /Game Clients.

3. License limitations

3.1. Validity period of the License. The validity period of this License is 6 months from the 4game Center installation date. The agreement will be automatically prolonged for the same period, if neither of the parties declares the confirmation of its termination and/or does not terminate the License.

3.2. The User is prohibited to:

• modify or create any derived products based on 4game Center or any of its elements, including audiovisual elements and source code, including translating or creating localized versions; • delete any signs and/or information, including copyright signs, means of individualization, technical means of protection • block the work/interfere with the work of technical means of protecting 4game Center and/or Games and/or elements of Games, including the content of Games; • copy 4game Center , except the cases expressly provided for in this Agreement; • divide 4game Center and/or its elements into component parts; • reveal the technology, decompile, break 4game Center source code or attempt extracting it in any other way to make any changes to the source code, change 4game Center functions; • distribute, complicate, sell, sublicense, loan or lease, pledge, get commercial benefit from its use, or use it in any other way (including without commercial benefit), which is not stated in the License; • use software, which is directly unauthorized, including to interfere with the work of 4game Service. • use 4game Center or its part to organize the work of any product or service based on the 4game Center ; • the User is not allowed to crack, attempt to crack and/or intercept the data, coming to and from 4game Center to and from the server component of Games.

3.3. The User is not allowed to transfer the rights under this Agreement (both in part and in full) to any third party. Innova has the right to transfer rights and obligations under this Agreement to third parties without prior consent of the User.

3.4. Innova is not obliged to provide technical support to 4game Center and does not guarantee that any malfunctions or defects of 4game Center will be corrected.

3.5. Technical protection facilities. In order to protect its title to the results of intellectual property, obtain statistical data, fulfill its obligations to the User, as well as ensure security (prevent «cracking», hacker attacks, etc.) and correct work of 4game Service, Games and 4game Center and other hardware and software required for proper functioning of game projects, Innova has the right to use technical facilities or methods of protection of the intellectual activity results or information. 4game Center may collect data as described and solely according to the purposes provided for in the Privacy Policy located on 4game Service (https://eu.4game.com/privacy/).

3.6. Hereby the User understands and agrees that when he performs operations that allow obtaining unauthorized access to 4game Center file system, technical protection facilities of 4game Center , as well as unauthorized removal of restrictions and protections of 4game Center, the use of 4game Center may be prohibited and it may lead to the recall of this License in accordance with paragraph 4.4. of this License Agreement.

4. Termination of the License.

4.1. In case of Agreement termination the User shall immediately delete 4game Center (its archived copies) from the PC's memory (the User's computer) regardless of termination grounds (cancellation, refusal).

4.2. This Agreement is valid until the expiration of the License, as defined in paragraph 3.1. of the Agreement or until its early termination(in case of repudiation).

4.3. The User has the right to terminate this Agreement unilaterally at any time by deleting 4game Center (its archived copies) from the PC's memory with the notification of Innova one working day prior to such termination. Upon receipt of such notification, this agreement, as well as agreements for Games located on 4game Service (if any were concluded by the User) shall be considered terminated.

Notification via eu.4gamesupport.com is considered appropriate.

4.4. Innova has the right to refuse from the execution of this Agreement unilaterally (in full or in part) without prior notification of the User, including the case of violating other agreements concluded between the User and Innova.

4.5. Innova has the right to suspend the provision of services, for purchasing of which the User is granted this License, by blocking (deleting) the User's profile and/or the Account. From the date of such blocking this Agreement, as well as agreements for Games located on 4game Service, if any, shall be considered terminated.

5. Guarantees. Responsibility

5.1. The User understands and confirms that 4game Center is provided AS IS. The User fully assumes the risk of consequences of using 4game Center, including its interaction with other software installed on the User's PC, and agrees that the result of such use may not meet User’s expectations.

5.2. Under no circumstances Innova, its affiliated persons, rightholders of Games, as well as Innova’s partners and counterparties shall be liable for any damage or loss (including but not limited to lost profits, damages caused by loss of confidential or other information as a result of User's fault, interruptions in game process participation), arising in connection with the use of 4game Center or inability to use it, including the event of the 4game Center failure, even if the User has sent notification on probability of such damage and/or loss appearance.

5.3. Innova does not guarantee that:

• 4game Center will satisfy User's requirements, his/her ideas, goals and expectations; • 4game Center will be available and will be provided continuously, quickly, reliably and without errors; • results that can be obtained using 4game Center will be accurate and reliable; • the quality of information, data, drawings, etc., in 4game Center will meet User's expectations; • the User will successfully use all the stated functions of 4game Center during its use.

5.4. Innova, its affiliated persons, rightholders of Games, as well as Innova’s partners and counterparties are not responsible in relation to Users and any persons for unlawful actions of third parties, temporary technical failures and interruptions in 4game Center work caused by communication line failures, other similar failures and malfunctions of hardware, on which 4game Center is used. Innova, its affiliated persons, holders of Games rights and partners are not responsible for any direct or indirect damage caused by:

• use of 4game Center or inability of its use; • unauthorized access to the User's personal information, including User’s device (PC, notebook computer, etc.); • statement or behavior of any third party.

6. The results of intellectual activity, the rights to which belong to third parties:

6.1. When creating the 4game Center, the following software products (computer programs) were also used:

6.1.1. MahApps/MahApps.Metro (MIT license)

Copyright © 2016 MahApps

6.1.2. reactiveui/ReactiveUI

Copyright © .NET Foundation and Contributors

6.1.3. ButchersBoy/Dragablz

Copyright © James Willock, Mulholland Software and Contributors

6.1.4. mbdavid/LiteDB

Copyright © 2014-2015 Mauricio David

6.1.5. AutoMapper/AutoMapper

Copyright © 2010 Jimmy Bogard

Upon terms and conditions of the Massachusetts Institute of Technology (MIT License):

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

- The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

- THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

7. Other conditions

7.1. This Agreement may be changed and/or amended by Innova at any time during the term of this Agreement. All changes and/or amendments are placed by Innova at the 4game Service and come into force from the moment of such placement. The User undertakes to familiarize himself with all changes and/or amendments at least once every two calendar days.

7.2. This Agreement is governed by the legislation of the Grand Duchy of Luxembourg and/or applicable international contracts and agreements (conflicts norms are not applied).

7.3. All disputes that have arisen within this Agreement shall be referred to the Court at the location of Innova.

7.4. For details in relation to this License, the User may contact: Innova Co. SARL., 16, Rue Erasme, L-1468, Luxembourg, or by e-mail: innova@inn.eu.