The Sublicense Agreement is an offer from the Limited Liability Company Sacralium (hereinafter referred to the "Holder") to enter into the agreement upon the terms and conditions stated below.
Please read the terms and conditions of this Sublicense Agreement before using the Mobile application. Use of the Mobile application on other conditions is not allowed.
1. Terms and Definitions
1.1. Words and phrases used in this Sublicense Agreement have the following meanings unless otherwise is expressly specified hereinafter:
1.2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2.1. Once this Agreement is concluded the Holder entitles the User to use the related version of the Mobile application on the terms of a non-exclusive Sublicense worldwide during the set term.
2.2. To conclude this Agreement in regards to the Basic version the User is supposed to perform the complex of the actions stated below:
The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Holder due to the provisions of article 437 and article 438 of the Civil Code of the Russian Federation.
2.3. The User has the right to use the Basic Game version due to the terms and conditions hereof in the following ways:
2.3.1 Basic Game version reproduction (record) on the Device.
2.3.2. Basic Game version launch and using due to its functional purpose.
2.4. The User will be granted with the Extended Game version Sublicense since the payment date of the Sublicense fee according to the Holder rates; Such Sublicense will create a separate Sublicense agreement on terms hereof.
2.5. Under Extended Game version Sublicense the Holder entitles the User:
2.5.1. to fulfill launch, installation and running of program applications and software extension to the Basic Game version or activation of additional commands and codes to update the Basic Game version to the Extended Game version.
2.5.2. to use additional functionality of the Extended Game version according to their description.
2.6. Any rights and ways of use of the Mobile application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Holder.
2.7. The term of the Basic Game version Sublicense validity is not limited
2.8. The period of the Extended Game version Sublicense should be determined according to the Sublicense fee amount paid by the User upon the Holder’s rates set on the payment date.
2.9. Once the Extended Game version Sublicense is over the Agreement could be renewed for the new period upon the terms regards to the actual version of the Agreement on the Sublicense fee re-payment date. The quantity of extensions of the Extended Game version Sublicense period under the Agreement is not limited.
2.10. The Sublicense fee payments could be made using payment ways and payment services operator stipulated on the moment of Sublicense obtaining.
3. Sublicense Restrictions
3.1. The User is not allowed thereof independently or employing any third parties to do the following:
3.1.1. In any manner copy (reproduce) application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of their owner.
3.1.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.
3.1.3. Create software and/or services using the Mobile application without prior permission of the Holder.
3.1.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application.
3.2. The Holder has the right to set technical restrictions of using the Mobile application; the Holder will inform the User about abovementioned limitations from time to time in the manner by the Holder’s choice.
3.3. The functionality of the Mobile application including one that is available exclusively in the Extended version, is a subject the Holder’s sole discretion and may be changed from time to time.
4. Liability under the Sublicense
4.1. In view of granting the User with the Basic Game version Sublicense on a free-of-charge basis under the Agreement the provisions of the Consumer Protection Legislation shall not be applicable to the relations of the parties with respect to the Agreement.
4.2. The Mobile application is provided "as is", and in this connection the User shall be granted no further warranties that: it will conform with the requirements of the User; it will function continuously, quickly, reliably and without errors; the results which can be obtained by its use will be accurate and reliable; all the errors will be corrected.
4.3. Since functional capabilities of the Mobile application are constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Holder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application to Users, and also to alter or withdraw the Sublicense without prior notice.
4.4. The User is responsible for any violation of the obligations provided by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Holder and other third parties can suffer).
4.5. In case the Holder will be brought to justice or will be penalized due to the User’s violations of the rights and/or the interests on third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages.
4.6. The Holder is not responsible for the violations made by the User as well as for the damage or losses under abovementioned circumstances.
4.7. Cumulative liability of the Holder under the Agreement in any event is limited by the documentary confirmed damage suffered by the User in the amount which does not exceed RUB 1000, and the Holder shall be deemed responsible for it if there is his fault in causing such damage.
4.8. The Holder reserves the right to prosecute at his own discretion violators of the exclusive rights in relation to the Mobile application due to the civil, administrative and criminal legislation.
5. Final provisions
5.2. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Russian Federation.
5.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Holder in accordance with the applicable procedural law of the Russian Federation.
5.4. This Agreement could be altered or terminated by the Holder unilaterally and without prior notification of the User and without payment of any compensation in this regard.
5.5. The Holder’s details:
Registration number: 1187154024584
Address: 2 Ul’yanova, lit. A, 2nd floor, office 1, Tula, Russia.
Dated «15» April 2019
The Sublicense Agreement is drawn up by the law firm IT Lex