I. PRELIMINARY PROVISIONS
1. This License Agreement governs the relationship between the End-User ( hereinafter referred to as ” User” ) in respect of the Game „Find the Melody” and Gamespol Ltd. as well as its branches and inter-related companies.
2. This agreement (hereinafter referred to as “Agreement”) governs the terms and conditions of User regarding the use of the game, regardless of its version and the manner of distribution. This Agreement covers the game, and the related documentation, updates and extensions as far as upgrades, enhancements and documentation are not distributed with a separate license agreement.
3. You should carefully read the following End User License Agreement before installing this Game.
4.By installing, copying and/or otherwise using the Game Software you are signifying your acknowledgement and acceptance of this Agreement.
5.This Game is licensed to you, not sold.
6.The Game includes third party developed software and your use of the software is subject to the license terms provided with the software.
7. If you do not agree to these Terms, you are not entitled to use the Game and you must promptly uninstall and delete all copies of any Games or any files related to it. In case of refusal to accept the terms of this Agreement, the return of the price paid is dependent on the fulfillment of the returns policy conditions with the seller. If a person refuses to accept the terms of this agreement, no other form of compensation or redress can be made.
II. LICENSE CONDITIONS
1. Gamespol hereby grants you personal, non-exlusive, non-transferable, and revocable right and license to use one copy of the Game for your personal, non-commercial use for gameplay all around the world.
2. The Game is licensed, not sold to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned.
3. Gamespol Ltd. retains all right, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
4. Using network services which may be available to the User as part of the Game will be governed by a separate agreement governing the provision of online services that will require a separate consent of the User. In the case of the User disagreement with the terms of the contract governing the provision of on-line games, some functions of the game may be limited or deactivated.
III. RIGHTS AND OBLIGATIONS OF THE USER
1. The User may transfer the rights granted under this Terms of Agreement on a permanent basis to another person as long as he retain no copies (including archival or backup copies) of the Game, or any portion or component of it or accompanying documentation, and the Recipient agrees to the terms of this Agreement. This permission does not include the right to provide access to Internet services in the form of online accounts, and does not include the rights associated with this type of account and the rights granted to individual users.This right may be restricted by the provisions of the contract which the User makes with distributors of games such as Google Play, App Store, Steam, etc.
2. You agree ( subject to clause 1) not to:
a. commercially exploit the Game,
b. rent, lease, or otherwise transfer or assign the Game to third parties ,
c. distribute, license, or sell any copies of the Game,
d. share or make available the Game via network service,
e. copy the Game except for making one copy of the Product solely for backup, your own purpose or during installation,
f. do not interfere with Game or their network software via tunnelling, code injection, or reverse engineer,
g. decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part,
h. remove or modify any proprietary notices, marks, or labels contained on or within the Game,
i. make a copy of the Game available on a network for use or download by multiple users,
3. The User obtains on his own access to the Internet connection in order to access game and use it. The company does not guarantee the availability of games on all devices (computers and mobile devices). The User acknowledges that while downloading the data necessary to install the Game and during its up-dating and using it, the Internet service provider may charge the User for data transmitted in accordance with its tariff plan. The User shall bear all costs associated with access to the Game from his device.
4. The User agrees for the game to automatically download and install updates, new features and additional content. The provisions of this agreement shall apply to all updates, new features and additional content that are not distributed under a separate license agreement.
IV. CONSENT TO USE OF DATA AND
1.You agree that GAMESPOL may collect and use technical data and related information, including but not limited to technical information about your device, internet protocol (IP) address, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Game.
2. GAMESPOL may use this information, as long as it is in a form that does not personally identify you.
3. This Game may include dynamic behavioral in-game advertising technology. When you use this Game, the advertisement serving technology may use demographic, statistical information or other information collected directly from you and from third parties, such as number of times you see a given web.
V. Contract Termination
1. If you fail, or GAMESPOL suspects that you have failed, to comply with any of the provisions of this Agreement, GAMESPOL, at its sole discretion, without notice to you may terminate this Agreement with immediate effect.
2. Termination does not preclude a claim for damages that GAMESPOL may issue for non-performance against a party at fault.
VI. DRM Controls
1.The Game can be protected by using the software that allows digital rights management (hereinafter referred to as DRM).
2.The User therefore agrees to install on a computer or mobile device DRM software and additional components that are necessary to protect the games from unauthorized copying.
3. The User hereby agrees, acknowledges and consents that during the installation and the first launch, an online connection may be required.
VII. LIMITATION OF LIABILITY
1. The company, its subsidiaries and branch-offices to the fullest extent permitted by law, will not be responsible for damages resulting from bodily injury or property damage, loss of data, loss of profits, cost of substitute goods or interruption of commercial operations resulting from using of the Game. The company, its branch-offices, and affiliates will not be responsible for the mentioned above damage and / or any other special damages, indirect, incidental or stemming from inability to use or the use of the Game or related documentation, even if they are caused by the normal course of events or if the company has been informed of the possibility of such damages.
2. In jurisdictions where the exclusion of liability described in point. 1 above is not effective, the company is responsible only to the amount paid by the user for the game.
3. The game is being delivered “as it is,” without any warranties or ensuring proper operation with all the errors and faults. The company does not provide any implied warranties of continuous operation, fitness for a particular purpose, non-infringement of third party rights, satisfaction from the Game, error-free functioning, compatibility of the Game with other software or correct errors in the Game. This limitation may not be applied in some jurisdictions and legal systems because of therein force of law.
4.The restrictions referred to in point. 1-3 above apply to everything that is related to the Game, services, website content of the third parties, to the software by third parties, to lawsuits for breach of contract, breach of warranty or condition, responsibility for the guilt, negligence or other civil torts. torts.
This EULA shall be governed by and construed in accordance with the laws of Poland. To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA, you agree to first attempt to negotiate any dispute informally for at least forty-five (45) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon receipt of a written notice by GAMESPOL. All claims or disputes between the Parties arising out of or in connection with this Agreement, including concerning its validity and construction, that cannot be resolved amicably will be submitted for resolution by a common court having jurisdiction over GAMESPOL.
a. First and last name of the User
b. e-mail address
c. country of residence
e. telephone number and/or fax number
f. username and the names which he uses on platforms aimed at the distribution of games (in particular the AppStore, GooglePlay, Steam, etc.)
g.the numbers, user names and other data provided by the user in order to allow contact through different kinds of instant messaging (in particular Skype, Facebok Messenger, Google Hangouts, etc.).the numbers, user names and other data provided by the user in order to allow contact through different kinds of instant messaging (in particular Skype, Facebok Messenger, Google Hangouts, etc.).
h. User’s IP address, and other identification data of the computer or mobile device of the User.
2. The User agrees to using the collected data for advertising purposes, upgrades and license sharing. You agree to the above-mentioned processing of data collected about you be transferred to third parties, in particular to departments and affiliated companies with GAMESPOL, but only for the above mentioned purposes.
3. The User is also entitled at any time to obtain the removal of or the prohibition on the use of all of his personal data, which, considering the purpose of the processing, are incomplete or irrelevant, or whose registration, communication or storage are prohibited, or which have been stored after expiry of the authorised period. Every User has the right to object to the processing of their personal data.
4. The User hereby agrees that his consent was granted to data obtained and acknowledges that he is entitled to review the processed, personal data, including any supplements, modification and adapatation to the said data,as well as to demand that processing this data be ceased.
5. The User expresses consent to receive from the company to the e-mail address specified by the User, information related to the game, information about other games, products and services.
6. The User declares that has been informed about the possibility of collecting technical information in order to improve the game and prevent illegal use of the Game.
X. SEVERABILITY CLAUSE
1. If any provision of this Agreement shall become null and void, this shall not affect the validity of the remaining provisions.
XI. FINAL PROVISIONS
1. This Agreement supersedes all prior Agreements between the Company and the User, or any of them, with respect to the subject matter hereof.
2. Headings and points contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
3. We reserve the right to update or modify this Agreement at any time. In the event of discrepancy between this Agreement and the most current version available on http//gamespol.pl, the most current version shall prevail.
4. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach.
5. End User shall also pay all sales, use, value-added and other taxes, tariffs and duties of any type assessed against End User, which are levied or imposed by reason of the transactions contemplated by this Agreement, except for taxes based on GAMESPOL’S income.
6. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), the application of which is expressly excluded.