License Agreement on Participation in PANZAR Game
ANY USE OF THE PROGRAM OR PARTS THEREOF, AS WELL AS ANY USE OF PANZAR PROJECT RESOURCES SHALL MEAN THAT YOU HAVE FULLY READ, UNDERSTOOD AND AGREED TO THE CONDITIONS OF THE BELOW AGREEMENT, UNDERTAKE TO COMPLY WITH THOSE CONDITIONS AND BE LIABLE FOR ANY BREACH THEREOF. THE CONDITIONS OF THIS AGREEMENT AND ITS ANNEXES SHALL BE BINDING UPON ALL PARTICIPANTS IN THE PANZAR PROJECT TESTING
The massively multiplayer online game PANZAR (hereinafter referred to as PANZAR or the Game) is developed by VAKS LLC. Copyright and associated rights for PANZAR are held by the limited liability company OVALIS INVESTMENTS LIMITED (hereinafter referred to as Project Owner) founded in accordance with the laws of the Republic of Cyprus.
1. Main Terms and Definitions
Developers shall mean individuals who have developed various components of the Game.
Administration shall mean individuals who have been authorized by the Project Owner for the special use of the Project, including management, and who act on behalf of the Project Owner, unless agreed otherwise.
Site shall mean a complex of online web resources located at the domains panzar.com, panzar.ru, forgedbychaos.com and others.
Program shall mean software components, both independent and collective, hosted by the Administration or the Developer on the Site or third-party sites on the Internet.
User shall mean any individual who accesses the Game or the Site over the Internet or otherwise, who is not affected by legal restrictions for the use of online gaming services.
Content shall mean photographic, video, audio, graphic, text and other materials posted by the Administration, Developer or other copyright holder in the Game.
Materials shall mean photographic, video, audio, graphic and text materials posted in the game or on the Site courtesy of the respective copyright holders.
Game shall mean a complex of the Program, Site and Content representing a combination of features, tools and services designed for personal non-commercial use by the User.
Moderator shall mean an individual authorized by the Administration to exercise control of the User's compliance herewith and with other rules of the game, and who has the authorities to employ actions upon Users on behalf of Administration as provided hereby.
Project shall mean a sum comprising the Game, Users, Moderators and Administration.
2. General Provisions
2.1. This Agreement (also referred to as Agreement) regulates the relations arising between the Administration and an unlimited number of Users on the territory of Russian Federation, countries of the Commonwealth of Independent States and Georgia in the course of testing.
2.2 The User hereby guarantees that he/she is not affected by any legal restrictions for the use of online services, that he/she is eligible to conclude this Agreement or has been duly authorized in the form stipulated by law by his/her parents or legal representatives.
2.3. Annexes to the Agreement constitute an integral part of it and shall be binding upon the parties. Annexes to the Agreement are published by the Administration on the Site and are available at http://panzar.ru.
2.4. This Agreement and annexes hereto may be amended or supplemented by the Administration at any time without prior or subsequent notice to the User.
The User's continuing participation in the Project following introduction of amendments to the Agreement shall indicate that the User consents to the amendments to the Agreement and accepts the valid version of the Agreement.
2.5. Administration shall in no event be liable towards the User for any direct or indirect damage to the User that may occur in connection with the use or inability to use the Game or the provided services, including but not limited to damage to the User's computer or any other equipment, software or other damage.
3. Rights and Responsibilities of Administration
3.1. In case of the User's violation of the applicable Agreement the Administration shall have the right to completely or partially restrict the User's participation in the Game or the User's access to the Game at their sole discretion without prior notice, as well as the right to deny the user further provision of services in the Game, without any liability for the damage that may be caused to the User by such actions.
3.2. Administration shall reserve the right to completely or partially limit functionality of the Game at their sole discretion without necessary notification of Users.
3.3. ADMINISTRATION PROVIDES NO GUARANTEES OF FAIL-SAFE AND FAULTLESS OPERATION OF THE GAME, NOR DOES IT GUARANTEE THAT THE GAME DOES NOT CONTAIN ANY HARMFUL PROGRAMS OR COMPONENTS.
3.4. Any characteristics and parameters of the components of the Game, as well as rules for their generation, including parameters of gaming objects and gaming environment, ratings and other characteristics and values, are subject to change by Administration without any mandatory notice to the Users.
3.5. Any Materials posted by the User in the Game may be removed by the Moderator or Administration without notice to the author and other Users.
3.6. Administration shall manage the Game and gaming processes at their sole and exceptional discretion.
3.8. In specific cases Administration shall have the right to submit data on the User who violates the Agreement or the requirements of the applicable laws to law enforcement authorities.
4.Rights and Responsibilities of the User
4.1. The User shall observe this Agreement with any amendments that may from time to time be introduced to it.
4.2. In case the User disagrees with the applicable agreement, the User must terminate participation in the Game, as well as any other use of the Project. Use of the Game, as well as use of all or any part of gaming services shall mean User's acceptance of conditions of this License Agreement.
4.3. The User shall not disclose or submit to third parties (except for minors who are provided with an Account) his/her identification details, based on which the User can be authenticated in any part of the Game.
4.4. The user shall not analyze the code, decompile or disassemble the Game, modify the Game, create derived products on the basis of the Game or any part of it.
4.5. The User shall not organize, facilitate or take part in any actions that may have an adverse effect on the progress of the Project or on its use by other users. ANY ATTEMPT TO DAMAGE OR INTERFERE WITH THE NORMAL OPERATION OF THE PROJECT SHALL CONSTITUTE A CIVIL OR CRIMINAL OFFENCE. IN CASE THE USER PERFORMS OR PARTICIPATES IN PERFORMING SUCH AN ACTION THE PROJECT ADMINISTRATION SHALL RESERVE THE RIGHT TO RECOVER DAMAGES FROM THE USER AS PROVIDED FOR BY THE APPLICABLE LAWS.
5. The following User actions are forbidden
5.1. Changing the contents of the files and directories that make up part of the Game with or without third-party assistance.
5.2. Creating or using game cheating, modification or cracking tools created by third parties, that may affect the operation of the Project.
5.3. Creating or using third-party tools that automate or simulate the User's actions in the Game.
5.4. Creating or using third-party tools designed to intercept, analyze or otherwise collect Project information or collect information through the Project, including but not limited to game mechanics, personal user data, and statistical project data.
5.5. Executing interception, simulation and other dynamic actions relating to network messages in the Game. Creating disturbances which inhibit the exchange of network messages between Game components.
5.6. Listening, intercepting and otherwise monitoring verbal messages not addressed to the user, and using tools designed to create disturbances or inhibit the exchange of verbal messages between users.
5.7 Creating or using third-party tools for changing the visual presentation of the Game.
5.8. Using the Project in any manner that may prevent the normal operation of the Project.
5.9. Providing third parties with access to the Game (except for minors who are provided with an Account) through the User's Account. Playing through third-party Accounts.
5.10. Using Users' contact details for the purpose of distributing unwanted information (spam).
5.11. Placing items covered by exclusive rights in the Project without the consent of the respective copyright holders.
5.12. Posting the personal information of third parties in the Project without their consent, including but not limited to personal addresses, telephone numbers, passport details.
5.13. Posting commercial advertisements, commercial offers, promotional information or any other intrusive information in the Project, except for the cases where posting of such information is agreed upon with Administration.
5.14. Posting materials or links to materials that offend or diminish the honor and dignity of other Users and third parties in the Project.
5.15. Posting obscene or foul language in the Project, including the use of them in the Username or names of clans.
5.16. Posting malicious software or links that contain, or may contain, malicious programs in the Project.
5.17. Posting pornographic materials or links to such materials in the Project.
5.18. Posting threats, calls to violence or illegal acts in the Project.
5.19. Posting materials containing elements of violence, cruelty, racial, ethnic or religious distension, as well as links to such materials in the Project.
5.20. Advocating and demonstrating Nazi emblems or symbols in the Project.
5.21. Advocating criminal activity, posting guidebooks that instruct in how to perform illegal actions in the Project.
5.22. Posting any other information in the Project, which, in the judgment of Administration, is undesirable, offends the rules of morality and ethics, or violates applicable laws.
5.23. Using the project for the purpose of committing any other wrongful or criminal acts contrary to laws.
6. Exclusive Rights
6.1. Exclusive rights for all parts and objects that make up the Project are owned by the Project Owner and Administration. All rights reserved.
6.2. The Project Owner explicitly reserves exclusive right to create derivative products on the basis of the Project. This means that the user shall have no right to create derivative products on the basis of the Project other than based on the express written consent received beforehand from the project owner.
6.3. Only the Project Owner and its licensees shall have the right to operate the network components of the Project on their servers. Therefore, the user shall have no right to host network components of the Project or programs that simulate such components on his/her servers, as well as to intercept, simulate and forward traffic of communication protocols used by the Project Owner as part of the Project, regardless of the methods used. Such forbidden methods include without limitation emulation of the protocol, reverse-engineering of source codes, modification of the Project, adding new components to the Project, using special tools for using the Project network component on the User's servers.
6.4. Exclusive rights for the Materials posted by the Users in the Project shall be automatically transferred to the Project Owner upon posting. By posting Materials in the Project the User grants the Owner exclusive non-limited commercial rights for using, posting, modifying, adapting, issuing, transferring, licensing, selling, creating derivative Materials and distributing the User's Materials in any available manner for any purposes which are not contrary to the applicable laws without obligation to refer to the User's authorship and without any monetary remuneration payable to the User.
6.5. Administration shall grant the User the right to use other Users' Materials by way of previewing, reproducing (including copying), processing (including printing of copies), as well as other rights solely for the purpose of non-commercial use, except for cases where such use may prejudice the interests of the copyright holders protected by law.
6.6. Any use of items covered by exclusive rights posted in the Project without the prior written consent of the copyright holder, either in full or in any part, is strictly prohibited, except for cases provided for hereby, or when the copyright holder has expressly consented to the free use of the material by third parties.
7. Sites and Materials of Third Parties
7.1. The Project contains links to other sites on the Internet, as well as programs, photographic, video, audio, graphic, text and other materials owned by third parties. The fact that such links to sites or third-party materials are posted in the Project does not mean that Administration supports, approves or recommends such sites or materials. Administration shall not be held liable for any materials of third parties posted in the Project or on third-party sites available through links from the Project, including, but not limited to, any opinions or statements. The User shall follow the links to third-party sites, install third-party programs or otherwise use third-party materials at its own risk and peril.
7.2. This Agreement does not apply to any programs, materials or sites of third parties.
8. Liability of the Parties
8.1. The User shall be personally liable for any Materials or other information that he/she posts in the Project or otherwise communicates to other Users or makes available to the public.
8.2. The User shall indemnify the Administration and third parties for any loss incurred as a result of the User's actions, including but not limited to violation of this Agreement, copyright, exclusive or other rights.
8.3. The User shall be held fully liable for any actions made with the use of his/her Account, as well as for compliance with the requirement that any other person who uses the User's account must become familiar with the provisions and Conditions of the Agreement, and that such other person must comply with the said provisions and Conditions.
8.4. Administration shall not be held liable for the quality and speed of the User's Internet connection. For any technical issues related to rendering communication services the User should contact its communication services provider.
8.5. Administration shall not be held liable for any behavior of Users or third parties including but not limited to theft, destruction or unauthorized access to the Users' materials.
8.6. Administration and the Project Owners, as well as their representatives, shall in no event be liable towards the Project Users or other third parties for any indirect, incidental, unintentional damage, including but not limited to lost data, damage to the honor, dignity and business reputation, any lost profit, messages which came as the result of the use of the Project, its components and materials, access to which has been obtained through the Project, even if the Administration indicated the probability of such damage.
8.7. Administration shall be released from liability for any full or partial failure to perform obligations hereunder, where such failure came as a result of an act of God (Force Majeure), i.e. emergency circumstances which could not be prevented by the parties under the given conditions, including mass disorders, prohibitive actions of authorities, natural disasters, fires, catastrophes, as well as as a result of failures in telecommunications and power networks, influence of malicious software, as well as unfair acts of third parties aimed at obtaining unauthorized access or breaking down the software or hardware complex.
9. Reservation of Rights.
All legal titles, ownership rights and intellectual ownership rights for the Project (including but not limited to any accounts, multimedia materials, software code, themes, objects, characters, character names, plots, dialogues, memorable phrases, topographic objects, concepts, artistic objects, used character inventory, images of buildings and landscapes, animation sequences, sounds, music tracks, audio and visual effects, character habits, items of moral rights, as well as any related documentation, "applications" integrated in the Project, transcripts, character profile data, game protocols as well as client and server software of the Project), are owned by OVALIS INVESTMENTS LIMITED or its licensees. The PANZAR game is protected by copyright laws and laws of associated rights, international agreements and treaties in the area of copyright and associated rights, as well as by other laws. All rights reserved. Parts of the Panzar Game software are included based on the license © 2004-2012 Crytek Corporation. All rights reserved. The Panzar Game may contain certain licensed materials, and the licensees of such materials may protect their rights in case of any violations of this Agreement.
10.1. This Agreement shall be governed and interpreted in accordance with the applicable laws of the User's country. The Project shall be accessible from other places with the use of the Service at the user's sole initiative, who shall be held fully liable for compliance with local laws, as applicable, to the extent in which such laws are applicable. Applicable export restrictions apply to the Project Service and all used software.
10.2. Should any provision of this License Agreement become invalid, void or non-enforceable for any other reason whatsoever, such provision shall be deemed separated from this Agreement, without any damage to or infringement of validity and binding power of its other provisions. These Conditions of use constitute and comprise the full agreement reached between the user and the Project Owner in relation to the Service, and shall replace any previously concluded and existing oral or written agreements and any other exchange of messages related to the Service, which may have existed between the user and the Project Owner.