End User License Agreement
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING ANY GAME, APPLICATION, SOFTWARE, ANY ITS UPGRADE, UPDATE OR DLC.
This End User License Agreement (“EULA”) governs the use of any Game, Application, Software, any its Upgrade, Update or DLC (“Multimedia Product”) currently provided or which will be provided by Fulqrum Publishing Ltd. or any of its parent companies, subsidiaries, affiliated companies, its licensors and/or its beneficiaries (“Fulqrum Publishing Ltd” / “We“ / “Us”) on this website (“Website”).
This EULA is a binding legal agreement between Fulqrum Publishing Ltd and the purchasers or users (“You” /, “User”) of the Multimedia Product provided on the Website, which grants the User the limited, non-exclusive, non-sublicensable and non-transferable right to use the Multimedia Product under the terms and conditions of the EULA.
By receiving, opening the file package, installing and/or using the Multimedia Product containing this software, you agree that this EULA You agree to abide by the intellectual property laws and all of the terms and conditions of this EULA.
Fulqrum Publishing Ltd does not transfer the title of the Multimedia Product to you, and the license granted to You hereunder is not a sale.
If you do not agree to be bound by this EULA, do not install, do not use and remove the Multimedia Product from your computer now.
1. Grant of license
Fulqrum Publishing Ltd grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to install and/or use the Multimedia Product for private use for such time until the User or Fulqrum Publishing Ltd terminates the EULA.
The User shall not directly or indirectly (i) copy, sell, rent out, lease, license, distribute, market, exploit the Multimedia Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of the Multimedia Product; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Multimedia Product.
Except as expressly set forth in the EULA, all rights not granted hereunder to the User are expressly reserved by Fulqrum Publishing Ltd. The Multimedia Product and all the rights relating thereto remain the property of Fulqrum Publishing Ltd. Fulqrum Publishing Ltd retains sole and exclusive ownership of all right, title and interest in and to Multimedia Product and all intellectual property rights relating thereto.
Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Multimedia Product on certain hardware.
The EULA does not confer any right or title to the Multimedia Product and cannot be understood as the transfer of any intellectual property rights to the Multimedia Product.
THIS MULTIMEDIA PRODUCT IS LICENSED TO YOU FOR PRIVATE USE, NOT SOLD.
While using the Multimedia Product, the User agrees to comply will all applicable laws, rules and regulations and shall not use the Multimedia Product for any unlawful purpose.
Each licensed copy of the Multimedia Product may be used on one single computer location by one user. Use of the Multimedia Product means that you have loaded, installed, or run the Multimedia Product on a computer or similar device. If you install the Multimedia Product onto a multi-user platform, server or network, each and every individual user of the Multimedia Product must be licensed separately.
As applicable, certain parts of the Multimedia Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. Please review such additional terms and costs carefully.
2. Ownership of the Multimedia Product
The Multimedia Product contains copyrighted material, trade secrets and other proprietary material. The User recognises that all of the rights associated with the Multimedia Product and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Multimedia Product), as well as the rights relating to the trademark, royalties and copyrights associated with the Multimedia Product, are the property of Fulqrum Publishing Ltd and are protected by the Russian and international regulations and other laws, treaties, international laws and agreements concerning the intellectual property.
3. Use of the Multimedia Product
The User is authorised to use the Multimedia Product in accordance with the instructions provided in the manual or on the packaging of the Multimedia Product.
Apart from the stated in the EULA, the User is specifically not permitted to:
- make copies of the Multimedia Product,
- operate the Multimedia Product commercially,
- use the Multimedia Product contrary to morality or any laws in force,
- modify the Multimedia Product or create any derived work,
- transmit the Multimedia Product via a telephone network or any other electronic means, except during multi-player games on authorised networks,
- create or distribute unauthorised levels and/or scenarios,
- decompile, reverse engineer or disassemble the Multimedia Product.
The User undertakes not to sell, distribute, assign, transfer, sublicense or lease the Multimedia Product to any third party.
The User can permanently transfer all of its rights under the EULA to the recipient, provided that the recipient agrees to the terms and conditions of the EULA and the User removes the Multimedia Product from the User’s computer. In this event, the User also undertakes to transfer to the recipient all components and documentation relating to the Multimedia Product.
4. Termination of the License
The EULA is effective from the first time the Multimedia Product is installed or used by the User.
The EULA may be terminated automatically by Fulqrum Publishing Ltd without notice if the User fails to adhere to the terms and conditions of the EULA. In such event, the User must immediately destroy the Multimedia Product and delete the Multimedia Product and any its part from the User’s computer.
The User may terminate the EULA at any time by fully removing the Multimedia Product from the User’s computer.
Fulqrum Publishing Ltd shall provide the technical support for the Multimedia Product.
When you call, please be as specific as you can be about the problem you are experiencing and have the following details available:
- The name of the manufacturer of Your computer system
- The brand and speed of the processor
- How much RAM You have
- The version number of Windows You are using (if You are not sure, right-click on the My Computer icon on Your desktop and select ‘properties’)
- The manufacturer(s) and model number of Your video card, modem, and sound card.
6. Warranty Limitation
THE MULTIMEDIA PRODUCT IS PROVIDED "AS IS" AND “AS AVAILABLE”. Fulqrum Publishing Ltd EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE MULTIMEDIA PRODUCT OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THAT IS DETERMINED IN ARTICLE 5 OF THE EULA.
The User recognises expressly that the User uses the Multimedia Product at his own risk.
The User shall be responsible for any costs arising from the repair and/or correction of the Multimedia Product.
Fulqrum Publishing Ltd does not warrant that the Multimedia Product will be uninterrupted or error-free, that defects will be corrected, or that the Multimedia Product is free of viruses or other harmful components.
To the extent provided by the law, Fulqrum Publishing Ltd expressly disclaims any warranty relating to the market value of the Multimedia Product, the User’s satisfaction or its capacity to perform the specific use.
The User is responsible for all risks connected with loss of profit, loss of data, errors and loss of business or other information as a result of owning or using the Multimedia Product.
As some jurisdictions do not permit the aforementioned warranty limitation, it is possible that it may not apply to the User.
7. Limitation of Liability
In no event (including, without limitation, in the event of negligence) shall Fulqrum Publishing Ltd, its employees, agents or distributors be held liable for any direct, consequential, accidental, special, ancillary or other damages arising in connection with or arising out of or related to this EULA, from the use or inability to use the Multimedia Product, as well as from the ownership or poor functioning thereof, even if Fulqrum Publishing Ltd has been advised of the possibility of such damages.
In particular, Fulqrum Publishing Ltd accepts no liability regarding the use of the Multimedia Product contrary to the precautions for use as set out in the manual and on the packaging of the Multimedia Product.
As some jurisdictions do not permit exemption from liability in the event of direct or incidental damage, it is possible that the aforementioned exclusion does not apply to the User.
Fulqrum Publishing Ltd's entire liability, without exception, is limited to the User' reimbursement of the purchase price of the Multimedia Product in exchange for the return of the Multimedia Product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the User back to Fulqrum Publishing Ltd.
This EULA to use the Multimedia Product grants specific rights to the User and the User may have other rights, depending on the laws of his country.
This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Cyprus, unless otherwise required by the law of the country where the User has his habitual residence.
The User hereby acknowledges that the User has read and understood the foregoing EULA and agrees that the action of installing the Multimedia Product is an acknowledgment of the User’s agreement to be bound by the terms and conditions of the EULA contained herein. The User also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between Fulqrum Publishing Ltd and the User.
Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this EULA. Upon termination of this EULA and the license granted herein for any reason, you agree to immediately cease use of the Multimedia Product and destroy all copies of the Multimedia Product supplied under this EULA. The financial obligations incurred by you shall survive the expiration or termination of this EULA.
10. Consent of Use of Data