License Agreement with the End User of a Meow Motors ® product.
The present License Agreement with the End User of a Meow Motors Game (“Agreement”) governs legal relations between You, on the one part, and Individual Entrepreneur Anoshkin, Aleksey Aleksandrovich (“Developer”), on the other part.
Please read the present Agreement carefully. This is a legal document that clarifies Your rights and duties regarding the use of a Meow Motors computer game (“Software”). By using the Software or expressing your agreement to be legally bound by the present Agreement, You accept the terms and conditions of the present Agreement. If You are not satisfied with the terms and conditions of the present Agreement, please do not use the Software.
1. Grant of the License
The Developer grants the user a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Software on a device intended for Your personal use and entertainment (“License”). The rights granted by the Developer to the user under the present License are subject to the terms and conditions of the present Agreement; You may use the License only in compliance with all of the applicable terms and conditions.
The license shall come into force after you have accepted the terms and conditions of the present Agreement. The Software shall be provided to you under license, but not sold. The license shall not grant you any title to the Software.
2. License Terms
You hereby agree not to take any of the following actions with regard to the Software or any of its parts:
(a) using the Software for commercial or advertising purposes;
(b) using the Software on more than one device at the same time;
(c) copying, reproducing, distributing, representing or using the Software in a manner not expressly specified in this Agreement;
(d) selling, renting, licensing, distributing or transferring the rights to the Software in a different manner;
(e) decompiling, obtaining the source code, modifying, adapting, translating, reverse engineering or disassembling the Software or creating derivative products based on it;
(f) removing, deactivating, bypassing or modifying any notifications of copyright, or markings, or security features that are part of the Software;
(g) using the Software for the purposes that are infringing or violating the rights of a third party, including, without limitation, any intellectual property rights, the right to public use or the right to privacy;
(h) using, exporting or re-exporting the Software in violation of any applicable laws or regulations;
3. Updates and Patches
The developer may offer patches and Software updates that must be installed in order for you to continue using the Software. The Developer may update the Software remotely and without any notice to the user; You hereby agree that patches and updates may be installed by the Developer. The Developer may change, suspend, terminate, replace or restrict Your access to any part of the Software at any time. You hereby acknowledge and agree that Your use of the Software shall not entail any rights (monetary rights, etc.) to any part or feature set of the Software, including, without limitation, any rewards in the game, achievements or levels of the character.
4.Ownership / Third Party Licenses
The Developer and their licensors shall hold all the rights, including property rights and intellectual property rights, to the Software. Art Vostok, Meow Motors, as well as their respective logos, are trademarks or registered trademarks of the Developer and their subsidiaries in the Russian Federation and other countries. All rights that You receive under this Agreement shall be granted to You exclusively on the terms and conditions directly stated in the license, but not sold. This document shall not create any licensed rights or any other rights by implication, estoppel or otherwise.
The Software includes certain components provided by the Developer’s licensors. The list of thanks and notices regarding third party components is featured in the game interface.
5. Disclaimers and limitation of liability
The Software shall be delivered on an “as is”, “as far as available” and “with all errors” basis without warranties of any kind. The Developer, as well as their licensors and subsidiaries disclaim any warranties, terms and conditions, obligations under the common law and representations (whether expressed, implied, verbal or written) with respect to the Software, including, but not limited to, any expressed, implied and statutory warranties and terms and conditions of any kind, such as warranties of title, considerations for the use of the Software, disclaimer of copyright infringement, readiness for sale or compliance with certain objectives (regardless of whether the Developer know or have reasons to know about such an objective), as well as warranties of integration into the existing system, accuracy or completeness of information, achievement of results, reasonable degree of caution, quality performance, absence of viruses, absence of the facts of negligence during the product manufacture, which are assumed by law, customary law or in the framework of normal trade or business transactions. Without limiting the generality of the foregoing, the Developer, their licensors and subsidiaries shall not provide any warranties that imply that:
(1) The Software will operate adequately;
(2) The Software will meet your requirements;
(3) The operation of the Software will be uninterrupted and error-free in any circumstances;
(4) Any defects in the Software may or will be corrected;
Any warranties in relation to violations specified in Section 2-312 of the Uniform Commercial Code or any other equivalent regulatory document are expressly declined. The Developer, their licensors and subsidiaries do not guarantee uninterrupted, error-free, virus-free or reliable operation of the Software. This paragraph applies to the maximum extent permitted by the applicable law.
In accordance with the maximum extent permitted by the applicable law, neither the Developer, nor their licensors, nor their subsidiaries, nor any of the Developer Service providers (collectively referred to as the “Participants on the Part the Developer”) shall be liable for any loss of profits, as well as any indirect, unforeseen, incidental, actual damages, determined by special circumstances, penalties or damages imposed as a punitive measure, owing to or in connection with this Agreement, the Software or Services, or a delay, or non-usability, or lack of functionality of the Software, even if it has been caused through the fault of the Developer (error, violation (including negligence), direct responsibility, cost recovery, liability for the product, breach of contract, breach of warranty, etc. ), even in cases where the Developer has been notified of the possibility of such damage. In addition, in accordance with the maximum extent permitted by the applicable law, the total liability of the Participants on the Part of the Developer for the Software due or in connection with this Agreement shall not exceed the total amount You have paid to the Developer for the Software. These limitations and exclusions for damages shall apply even if the remedy used has not provided a sufficient compensation.
Notwithstanding the foregoing, some countries, states, regions, or other jurisdictions use rules according to which disclaimers of certain warranties or limitation of liability shall not be permitted. Therefore, the above conditions may not apply to You. In such jurisdictions, the above disclaimers and limitations shall apply only to the extent permitted by the laws of these jurisdictions. Furthermore, you may have additional legal rights in Your jurisdiction, and nothing in this Agreement shall affect your legal rights as a user of the Software or Services.
Software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. The Developer, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, The Developer, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Software, or will not revoke approval of this Software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by the Developer and Epic. The Developer, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither the Developer, Epic, Epic’s licensors, nor its or their affiliates, nor any of neither Developer’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will the Developer, Epic, Epic’s licensors, nor its or their affiliates, nor any of Developer’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Developer’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if the Developer, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Developer, Epic, Epic’s licensors, its and their affiliates, and any of Developer’s or Epic’s service providers shall be limited to the full extent permitted by law.
You hereby agree to pay for damages and legal costs and to hold the Developer, their licensors, their subsidiaries, as well as their employees, officers, directors, agents, contractors and other representatives harmless of any lawsuits, claims, actions, losses, obligations and expenses (including lawyers and expert witnesses remuneration) arising from or in connection with (a) any claim that (if this fact has been confirmed) has been filed due to your violation of this Agreement or negligence on your part or (b) any act or omission on your part when using the Software. You agree to reimburse (on request) the Developer for any legal expenses incurred by the Developer, as well as any payments and expenses incurred by the Developer by court order or during the judicial settlement of claims specified in this Section 6.
In cases where you are not allowed to assume the obligation to repair the damages, as indicated above in accordance with the applicable law, you shall assume (within the limits of the law) all responsibility for any lawsuits, claims, actions, damages, obligations and expenses (including lawyers and expert witnesses remuneration) which are the subject of this Section specifying liability for damages.
7. Termination of the Agreement
Without limiting any other rights of the Developer, this Agreement may be terminated automatically without prior notice, should you fail to not comply with any of its terms. You may also terminate this Agreement by deleting the Software. Upon termination of the Agreement for any reason, the License shall be automatically terminated and you shall not be able to continue to use any rights granted to You by the License. You shall have to destroy all copies of the Software in your possession.
Except as required by law, all payments and charges shall be non-refundable under any circumstances, regardless of whether this Agreement has been terminated or not.
The provisions of Sections 2, 4-9 and 11-13 shall remain in force after the termination of this Agreement for any reason.
8. Governing Law and Jurisdiction
You hereby agree that this Agreement has been drawn up and signed in Omsk, Russian Federation, and any dispute is subject to resolution in accordance with the legislation of the Russian Federation. Any actions or proceedings undertaken in order to enforce this Agreement or resolve disputes shall be settled in the city of Omsk, Omsk region, Russian Federation. You hereby agree to the exclusive jurisdiction and location of the courts. You shall not demand that the case be transferred to another jurisdiction on the basis of an inconvenient place of proceedings or waive your right to a jury trial. The UN Convention on Contracts for the International Sale of Goods shall not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement.
9. Waiver of Right to Class Action
You hereby agree not to initiate or participate in collective or representational claims, general claims filed by private attorneys, or in collective arbitrations with respect to the Software or this Agreement. You also agree not to combine any claims or arbitrations with respect to the Software or this Agreement with any other claims or arbitrations without the consent of all parties to this Agreement, as well as participants of all other claims or arbitrations.
10. Amendments to this Agreement
The Developer may at any time, at their sole discretion, amend the Agreement by posting an updated version of the Agreement on their website or by giving you digital access to updated versions of these documents next time you access the Software. In cases where any amendment to this Agreement are unacceptable to you, You may terminate this Agreement and must stop the use of the Software. Further operation of the Software by You shall be regarded as Your consent with the modified version of the Agreement.
11. No Assignment
You may not assign, transfer or subcontract any or all of your rights or obligations under this Agreement without the prior written consent of the Developer; any such action without such consent shall be deemed null and void. If restrictions on the transfer of the Software specified in this Agreement cannot be enforced in connection with the requirements of the laws of your country, this Agreement shall be binding for any recipient of the Software. The Developer may at any time assign, transfer directly or subcontract any or all of his rights or obligations under this Agreement.
In the text of this Agreement, terms beginning with a capital letter have the following meaning:
“Confidential Information” means any proprietary information regarding the Software, including without limitation, information about the plot or other aspects of the game and Content, your feedback and comments, as well as feedback or comments from any other licensee of the Software or any representative of the Developer.
“Content” means any virtual elements or other content, to which the Developer has given you access or that you have downloaded using the Software.
“Feedback” means any feedback or suggestions that you send to the company of the Developer regarding the Software or other products and services of the Developer.
“Software” means patented Meow Motors software application, any patches and updates for this application, all application-related content and documentation to which the Developer gives you access under this Agreement, including without limitation, the program code, rights, topics , objects, characters, names, dialogues, catch phrases, locations, stories, images, animations, concepts, sounds, audiovisual effects, ways of acting and musical compositions that are part of the application, as well as any copies of the above materials.
This Agreement and any document or information mentioned in this Agreement shall constitute an indivisible agreement between you and the Developer in relation to the subject matter of this Agreement. Any other communications, suggestions and representations regarding the subject matter of this Agreement are excluded.
The original of this Agreement is in Russian; any translations are provided for reference purposes only. You hereby waive any right that You may have under the law of Your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of Your jurisdiction. This Agreement shall not alter Your rights under the laws of Your jurisdiction, unless permitted by the laws of Your jurisdiction. Limitations and exclusions to the warranties and remedies set forth in this Agreement may not apply to you, as Your jurisdiction may not allow them in Your specific circumstances. If certain provisions of this Agreement have been held by a court or tribunal as unenforceable, such provisions shall be enforced to the maximum extent permissible (according to the legal norms), while the rest of the terms of this Agreement shall remain in force.
Any act by the Developer to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
The obligations of the Developer are governed by existing legislation and judicial order, and the Developer may comply with the requirements and requests of law enforcement and legislative bodies, regardless of any provisions of this Agreement to the contrary.