BY INSTALLING, USING OR ACCESSING THE SOFTWARE YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT.
Subject to this Agreement and its terms and conditions, Deonn Games ltd. hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Deonn Games ltd. termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Deonn Games ltd. and its licensors. OWNERSHIP. Deonn Games ltd. retains all right, title and interest to the Software, 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, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Deonn Games ltd.. All rights not expressly granted to you herein are reserved by Deonn Games ltd..
2 LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any passwords or usernames or any copies of the Software, without the express prior written consent of Deonn Games ltd. or as set forth in this Agreement; (iii) make a copy of the Software or any part thereof (other than as set forth herein); (iv) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (v) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (vi) misrepresent the source of ownership of the Software. You agree that you are of legal age in your region. Some Deonn Games ltd. products may contain graphic violence that may not be suitable for children or sensitive individuals. The Software may include measures to control access to the Software, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly. The Software may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Deonn Games ltd. an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Deonn Games ltd.’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Deonn Games ltd., and the above waiver of any applicable moral rights, survives any termination of this License. The Software may require an internet connection to access the Software or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Software documentation. If you do not maintain such accounts, then the Software or certain features of the Software may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Software, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
The products designed by Deonn Games ltd. are provided on “as is” and “as available” basis and are used at the player’s own risk. No warranties related to Deonn Games ltd. services can be made, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Deonn Games ltd. makes no warranties that its services will not be interrupted or will be error free. Deonn Games ltd. does not guarantee that any specific results will be achieved by using its services. No piece of advice or information, written or oral, given by a Company’s employee, owner or agent, can be viewed as a warranty of any kind. In no event shall Deonn Games ltd. be held liable for any damages, including, but not limited to, direct, indirect, incidental or consequential damages or other losses arising out of the use of or the inability to use our products.
5 REFUND POLICY
You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from Deonn Games ltd. in accordance with these Terms, and you agree that *all such purchases are final*. If you order licenses for Virtual Items or Virtual Currency from Deonn Games ltd. that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. *Deonn Games ltd. provides no refunds for any purchases*.
6 OTHER TERMS AND CONDITIONS
MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. GOVERNING LAW AND DISPUTE RESOLUTION. The Federal and state courts located in State of Nevada shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST Deonn Games ltd. AND ITS PARTNERS.