IF YOU DOWNLOAD, COPY, INSTALL OR IN ANY OTHER WAY PERMITTED USE THE VCTOOL SOFTWARE OR THEIR PARTS, INCLUDING BEGINNING TO USE IT, THEN YOU CONFIRM THAT YOU HAVE FULLY READ, UNDERSTOOD AND AGREE WITH THE LICENSE AGREEMENT WRITTEN BELOW, AND ARE OBLIGED TO ADHERE TO IT AND BEAR RESPONSIBILITY FOR VIOLATING IT.
THE CONDITIONS OF THE LICENSE AGREEMENT AND THE KEY DOCUMENTS LISTED UNDER SECTION 2.1 BELOW ARE ESSENTIAL AND BINDING.
1. Terminology in the Agreement
1.1. Account — a user account created by the User and belonging to Aleksei Sysoev (hereinafter – the Developer). It represents the entirety of the data on the User required for the User to use the VCTool Software (hereinafter – the Software) in accordance with this Agreement, or more specifically: authorization (authentication) of the User in the software, access to information about the User, settings, properties, statistical data and other similar information.
1.2. Software — (Free-to-use) a corresponding online, mobile, console and/or other software developed or published by the Developer including (but not limited to) VCTool, which is a program for a computer system and represents a set of data and commands and the audio and visual representations accompanying it (data and commands), which are activated procedurally to provide a specific result to the User within the bounds of the script of the Software, without making payment (activated data and commands) or after paying a fee (non-activated data and commands). The right to use the Software is provided to the User by the Developer under the terms of this Agreement.
VCTool also includes (among other things): (a) servers, (b) server software and other software, (c) links to software or other applications of the Developer partners, the installation of which gives the User the right to receive additional data and commands determined by the Software’s script, (d) databases and (e) other resources required for use of the Software within the scope of this Agreement.
1.3. Client part of the Software – software to be installed on a personal computer or other technical device of the User, necessary to use the Software, including obtaining rights to use data and commands located on the servers of the Software, including Rights to non-activated data and commands.
1.4. Rights to non-activated data and commands — the rights defined by this Agreement to use data and commands (including in-app currency, other data and commands) and the audio and visual representations in the Software that result from them, activated procedurally to provide a certain result to the User within the script of the Software, which are purchased by the User after paying a fee set by the Developer.
1.5. Store – the Developer’s resource located at https://vctool.app, or another electronic resource of the Developer, through which the User can acquire the Rights to non-activated data and commands.
1.6. Software Site – the Developer’s respective Internet site related to the Software, including (but not limited to) vctool.app, vctool.net, vctool.ru and their subdomains.
1.7. Developer – ALEKSEI SYSOEV, VAT ID ESY7242180T. Registered at: C/ Las Tórtolas 14, A12, 29460, Fuengirola, España. You can contact the Developer by email at firstname.lastname@example.org.
2. Conditions of Agreement Execution
2.2. Time of the Agreement Execution This Agreement enters into force at the time when the User accepts the conditions of the Agreement and the other Key Documents. The User accepts the conditions of the Agreement and the conditions of the other Key Documents by placing a tick next to the “I agree” field that appears when the User first launches the Software along with links to the Key Documents. The User accepts an obligation to comply with the conditions of the Agreement and other Key Documents from the moment the Agreement comes into force.
3. Scope of the Agreement
3.2. Arrangements for the Use of Rights to the Software. The user has the right to use the rights to the Software on a free-of-charge basis if no payment was initially set for the receipt of said rights of use. The User also has the right to obtain Rights to non-activated data and commands on a paid basis. The scope of the rights provided to the User is determined in section 4 of this Agreement. Unless otherwise stated by the Developer in regard to individual data, paying a fee is not a mandatory condition of use by the User of the Software and such payment is performed by the User exclusively for the purposes of obtaining Rights to non-activated data and commands or of obtaining rights to use the Software if a fee for the Software was previously stated by the Developer.
3.3. License for Non-Activated Data and Commands. The User receives the right to use activated and non-activated data and commands on the conditions of this Agreement. The User receives the Rights to non-activated data and commands at the time when the corresponding non-activated data and commands are shown in the User’s Account. The size of the license payment for the Rights to non-activated commands and data is determined by the Developer.
3.4. Geographical Area. The developer has the right, at his discretion, to determine the territory within which the rights to use the Software are granted in accordance with this Agreement.
4. Limits of Using the Software
4.1. Scope of User Rights. The User has the right to use the Software within the limits set by this Agreement and the other Key Documents, including:
4.1.1. To use the Client Side of the Software by installing it on a personal computer or other device with the required technical characteristics, or by any other acceptable means.
4.1.2. To use the Software for the purposes set by the Key Documents in compliance with the conditions of the Key Documents, for which the User has the right to: (a) create and delete their Account in accordance with the Agreement; (b) install and delete the Software; (c) use the software capabilities of VCTool or activated data and commands to achieve a specific result determined by the Software’s script on a free-of-charge basis (if no payment was initially set for the receipt of rights and use of the Software); (d) to receive the Rights to non-activated data and commands after paying a fee set by the Developer, and to use them to achieve a result determined by the VCTool’s script; (e) to make changes to personal settings provided by the Developer within the Software, and (f) to use the Software with other methods allowed by the Developer in this Agreement.
4.2. Limitations. The User does not have the right to:
4.2.1. Copy, stream, distribute, publish or by other means distribute and reproduce the textual, graphical, audio or visual materials of the Software without the written agreement of Aleksei Sysoev.
4.2.2. Analyze the source code of VCTool or decompile, disassemble or modify the Software, its parts and elements, or create derivative works based on the Software, its parts or elements without the written agreement of the Developer.
4.2.3. Translate the Software into other languages without the agreement of Aleksei Sysoev.
4.2.4. Distribute for commercial or non-commercial purposes the Client Side of the Software or its copies, either on physical media or by publishing on the internet for access or download by specific individuals or an unlimited set of individuals.
4.2.5. Distribute for commercial or non-commercial purposes activated and/or non-activated data or commands, audio or visual materials, images, or other intellectual property items present in the Software (except for cases allowed by the Developer).
4.2.6. Give away rights in relation to the Software, including Rights to non-activated data and commands, for commercial or non-commercial purposes, to third parties, either by means of transferring an Account, signing an agreement or any other means.
4.2.7. Use the Account of another user.
4.2.8. Transfer ownership of or by any other means give away his/her Account, or to obtain the Account of another user, including through exchange or gifting.
4.2.9. Use the Software by means not mentioned in this Agreement and extending beyond ordinary using or beyond the use of the program for the device the Software was intended for.
4.3. Consequences of Violation. If the User violates the conditions of this Agreement or other Key Documents, Aleksei Sysoev reserves the right to limit the User’s access to his software, including by deleting the User’s Account or terminating his/her Rights to non-activated data and commands, and to take other measures to protect the rights of the Developer to his software, including by contacting the relevant legal authorities to seek redress from the User for costs incurred due to the violation of the conditions of the Agreement or other Key Documents.
4.4. Beta Testing. If the User receives rights to participate in a beta test of a Software, the User gains the status of beta tester. Beta testing takes place exclusively for the purposes of assessing the software capabilities of the Software and identifying errors. During beta testing, the User is not afforded the rights and advantages indicated in the Agreement. Aleksei Sysoev bears no responsibility for events that take place during beta testing. The User confirms and understands he/she is participating in the beta test at his/her own risk and that the Software may contain errors. Any commands or data may be deactivated and deleted from Accounts at any moment during the beta test or after the beta test ends except for agreed cases during open beta testing. Aleksei Sysoev bears no responsibility for providing uninterrupted access to the Software during beta testing. A beta test of the Software may be on a public or a closed (private) basis. If this is specified in the rules of the beta test, then any information received by the User during the beta test is confidential and not subject to disclosure. Violating this rule carries the consequence determined by this Agreement or other Key Documents and rules of the beta test.
To take part in a beta test, you must complete an authorization process and take part personally. Access to a beta test may be removed at any time for violation of this Agreement, other Key Documents or other rules set in relation to the specific beta test. Violating the conditions of the Agreement or other Key Documents during a beta test will result in limitation of User’s rights obtained by the User when using the Software in standard mode.
5. Conditions and Requirements when Using the VCTool software.
5.2.Reasonableness of Use. The user understands and agrees that the use of the Software does not guarantee the desired result, especially in terms of the use of incompletely documented commands and data.
5.3.Use of Third-Party Materials. The Software may contain links to sites, programs, photographic, visual, audio, graphical or textual materials that belong to third parties. The User understands and hereby agrees that publishing links to internet sites or materials of third parties in the Software and resources linked to the Software does not mean that the Developer supports, approves of or recommends the contents of said sites and materials. The User uses the sites, software and materials of third parties exclusively at his/her own risk, including while using.
5.4.Legal Limitations. The User does not have the right to use the Software if the legislation of the territory of his/her location forbids the use of the Software or specifies other limitations of use of similar software. In this case, the User bears responsibility for the Use of said Software.
5.5.User Materials. The User understands and agrees that he/she independently bears responsibility for any materials or other information he/she publishes in the Software, on the Site, on social networks and in chats or by any other means sends to other Users or makes publicly available.
5.6.Technical Conditions of Use of the VCTool software:
Client part of the Program. To obtain the right to use the Software, the User, depending on the technical features of the Software, must independently install the Client part of the VCTool on a personal computer or other device with the necessary technical characteristics, go to the Software Site or perform other necessary actions. The client part of the Software can be distributed by the Developer (directly or indirectly through persons authorized by him) both via the Internet and on tangible media. Depending on the specific Software, the corresponding Client part of the Program can be distributed via the Internet both free of charge and for a fee.
Internet connection requirement. In accordance with the established technical requirements, the use of the VCTool software by the User is possible exclusively in an interactive (online) mode, in connection with which the User must provide an Internet connection to use the corresponding Software (and / or) the hardware device.
6. User’s Obligations
6.1.The User is obliged to:
6.1.1. Comply with the conditions of the Key Documents. If the User does not agree with the Agreement in force, the User must cease use of the Software and uninstall its Client Side.
6.1.2.Use the Software and non-activated data and commands exclusively within the bounds set by the Agreement.
6.1.3.Provide accurate information when creating an Account.
6.1.5.Fulfil the lawful instructions of the Developer, received individually or generally in the Software, including through the User Support Service, the Software Site, official communities or other forms of communication. Aleksei Sysoev reserves the right to pause, limit or cease the action of this Agreement and access to the Account if there is a failure to abide by said instructions.
6.1.6.At the request of the Developer, provide or confirm information required to comply with the conditions of the Agreement and the law.
6.1.7.Compensate to the Developer, other users or third parties any losses incurred as a result of the User’s action, including due to violating this Agreement, intellectual property rights or other rights.
6.1.8.Immediately inform the Developer of any incidents of unauthorized use of the Account, hacking or any other similar actions.
6.1.9.Comply with other requirements and obligations described in the Key Documents.
6.2.The User does not have the right to:
6.2.1.Use automated scripts to gather information or otherwise interact with the Software.
6.2.2.Use the information of other Users to distribute undesirable information (spam).
6.2.3.Publish objects of intellectual property within the Software without the consent of copyright holder.
6.2.4.Publish the personal information of third parties within the Software without their agreement, including home addresses, phone numbers or passport information.
6.2.5.Perform criminal or other wrongful acts.
6.2.6. Threaten, offend or demean the User Support Service or other employees of the Developer involved in developing and supporting the Software.
7. Rights and Obligations of the Developer
7.1.Aleksei Sysoev is obliged to:
7.1.1.Provide the User with the ability to use the Software on the conditions laid out in this Agreement, on the condition that the User comply with the Key Documents.
7.1.2.In relation to Software with a Client Side, — provide the User with the ability to obtain (download) the Client Side of the VCTool from the Software Site or through another means allowed by the Developer.
7.1.3.If it is not obligatory to make a payment to use the Software, — provide the User with the right to use activated data and commands for free unless this Agreement states otherwise.
7.1.4.Provide the User with Rights to non-activated data and commands on the condition that the User pays a fee set by the Developer.
7.2.Aleksei Sysoev reserves the right to:
7.2.1.At any time and without prior notice to the User, unilaterally limit, increase, expand, modify or in any other way alter the Software, any of its assets or parts, and to change any Key Documents.
The VCTool and its parts may be modified by means of creating and installing updates to the Software, including updates that entirely replace the previous version of the Software. Their aim may be, for example, to improve or alter the using process or add new data and commands (features) to the Software, which may lead to a cessation or pause in the rights of use of certain software elements and Rights to non-activated data and commands.
The User understands and hereby declares that the aforementioned actions are an integral part of the process of the Software’s creation and functioning, and also gives his/her agreement to the performance of said actions by the Developer without prior notice to the User.
7.2.2.Without prior notice to the User, and at the Developer’s sole discretion, change technical or other characteristics of any part of the Software used by the User, including, but not limited to, activated and non-activated commands and data; alterations to the Software’s operational script, including changes to the workflow, etc.
7.2.3.At any time change or delete any information published by the User in the software, including statements and declarations by the User in chats or on the VCTool Forum.
7.2.4.Limit or cease the provision of rights to the User to use the Software (including access to the Account) in accordance with this Agreement, for instance if the User violates the conditions of Key Documents. In exercising this right, Aleksei Sysoev is not obliged to provide the User with evidence proving the User’s violation of the conditions of the Agreement which caused the User to be denied service or limited in their access to the VCTool. In addition, the Developer bears no responsibility to notify the User of any limitations on access to the Software, including deletion of the User’s Account.
7.2.5.Make notes of and warn, notify and inform Users of violations of the conditions of Key Documents. The User is obliged to immediately perform lawful instructions from the Developer received while using the Software.
7.2.6. At any time, completely stop granting the rights to use the Software, including the Rights to non-activated data and commands, subject to the provisions of this Agreement.
7.2.7. At any time, suspend, limit and / or terminate this Agreement unilaterally in relation to the Software for any or all users, including if the User does not comply with the terms of the Key Documents.
7.2.8. During the User’s use of the Software, warn, notify, inform about the User’s failure to comply with the terms of the license provided, as well as Key Documents, or other terms of this Agreement.
8. The Developer Liability Limitation
8.1.Absence of Responsibility for the Actions of Users and Third Parties Aleksei Sysoev bears no responsibility for:
8.1.1.Illegal acts or any other acts by a User or third parties that prevent access to the Software by other Users.
8.1.2.The behavior and statements of Users in the software, on the Software’s Forum, including disrespectful conduct toward other Users.
8.1.3.Loss by a User of access to a created Account, including due to loss of the username, password or other required information.
8.1.4.Partial, inaccurate or incorrect entry of data by a User when creating an Account.
8.1.5.The absence of Users’ internet access and the quality of their internet provider service.
8.1.6.Materials from third parties published in the Software or on third-party websites available from links in the Software.
8.2.Lack of Guarantees. The User understands and agrees that Aleksei Sysoev provides the Software in an ‘as-is’ condition and provides no guarantees with regards to the Software apart from those directly stated in this Agreement or by applicable legislation. The Developer does not guarantee that:
8.2.1.The VCTool Software will satisfy the subjective requirements and expectations of the User.
8.2.2.The processes within the Software will unfold without interrupts, quickly, reliably and without technical errors or problems.
8.2.3.The results that can be obtained while using the Software will be correct and without errors.
8.2.4.The quality of the workflow, aspects of the Software, non-activated data and commands, and information received while using the Software, will correspond to the User’s expectations.
8.2.5.The Software will be available for use at all times, at a certain moment of time or during a certain period.
8.3.Liability Limitation. Aleksei Sysoev bears no responsibility for direct or indirect damage caused or opportunity lost by the User or third parties as a result of:
8.3.1.The use of or inability to use the Software.
8.3.2.Statements or behavior of third parties within the Software.
In any circumstances, the responsibility of the Developer to the User is limited to the sum of fees received by the Developer from the User before such a time as conditions arise that trigger the responsibility of the Developer, unless otherwise indicated by the Key Documents or the mandatory provisions of applicable legislation.
8.4.Acts of God and Third-Party Acts. The Parties are freed from responsibility for full or partial failure to comply with their obligations according to this Agreement if such a failure is a consequence of events beyond reasonable control (Acts of God), including civil unrest, prohibitive acts by government authorities, natural disasters, fires, catastrophes, breakdowns in telecommunications or electricity networks, or the influence of harmful programs or unscrupulous acts by third parties aimed at achieving unsanctioned access or denial of service of the software or hardware systems involved.
9. Rights to Non-Activated Data and Commands
9.1.General Conditions. Upon request by the User, the Developer may provide the User with Rights to non-activated data and commands, or provide the User with the right to use certain Software for a payment.
Non-activated data and commands are part of the Software to which the User receives usage rights only by using the Software and on the condition that he/she pay a fee set by the Developer. The User has the right to use the non-activated data and commands within the limits set by the Developer. By purchasing the Rights to non-activated data and commands, the User receives the right to use extended functionality within the Software. Aleksei Sysoev unilaterally determines the type and contents of non-activated data and commands.
The User also agrees that some features of the Software are premium and the right to Use them may be provided to the User only if he/she pays a fee.
9.2.Period of Use of Non-Activated Data and Commands. The Rights to non-activated data and commands are considered provided to the User from the moment the User gains the ability to use the indicated rights in his/her Account. Rights to non-activated data and commands are provided to the User for the duration of this Agreement unless otherwise stated by the Agreement or other Key Documents, or otherwise restricted by the Software’s script, or otherwise resulting from the nature of the non-activated data and commands themselves.
Rights to a paid features are considered provided to the User from the time when the User pays the fee for the right of the User to use the Software as downloaded or installed on a device, and remains active for the duration of this Agreement, unless otherwise stated by this Agreement or the conditions of the fee payment.
9.3.Payment Amount. The amount of the payment (license fee for the Right to non-activated data and commands, and the license fee for the right to use certain Softwares if this is specifically agreed upon in advance) is determined unilaterally by the Developer and is indicated in the in-app store or other format, including but not limited to the internet pages of payment method operators. In certain cases, the payment method operator may take a commission on top of the fee set by the Developer. The User understands and agrees that making a payment by means of certain payment methods, the total sum of the payment for Rights to non-activated data and commands and certain Softwares may differ from the amount of the license fee set by the Developer.
The User understands and hereby agrees that when making a payment through separate payment methods, the operator of said methods may apply an exchange rate that differs from the one used by the Developer. As a consequence, the amount of payment represented to the User may differ from that set by the Developer.
The provision of Rights to non-activated data and commands to the User or Rights to use premium features is performed only on the condition that the User pay the corresponding fee in full. Additionally, before confirmation is received that the payment has been made in full, the Developer reserves the right to not provide the User with Rights to non-activated data and commands or premium features, or to provide them to a limited extent.
Aleksei Sysoev may change the amount of the license fee unilaterally at any time and without notifying the User.
9.4.Procedure and Methods of Payment Payments are made by the User by means of transferring funds to the Developer via payment methods supported by the Developer. The list of available payment methods is determined unilaterally by the Developer and shown in the application website.
In making a payment, the User is obliged to follow the instructions of the corresponding payment methods and the rules of payment set by the Developer. Rights to non-activated data and commands or premium features is provided to the User exclusively on the condition that he/she correctly follows the payment instructions and complies with the payment rules. Aleksei Sysoev bears no responsibility for the User’s payment being declined based on a decision by the payment method operator or as a result by an error by the operator.
The User is obliged to enter accurate data when making payments. The User independently bears all risks of negative consequences arising as a result of entering incorrect data when making a payment.
If, after making a payment, a technical error, bug or action of the User causes the User to be provided with Rights to non-activated data and commands or premium features to an extent that does not correspond to the fee paid, the User is obliged to immediately report this to the Developer and pay the license fee owed to the Developer in the amount corresponding to the amount of Rights received by the User if the User has begun to use them. Aleksei Sysoev reserves the right to, independently, without notifying the User and without providing any compensation, remedy the described consequences, including by ceasing provision to the User of Rights to non-activated data and commands or premium features.
Aleksei Sysoev will not refund fees paid by the User to purchase Rights to non-activated data and commands or premium features if the purchased rights have already been provided to the User.
9.5.Payment Methods. With regard to questions and the procedure of use for payment methods, the User must contact the operators of his/her selected payment methods directly. Aleksei Sysoev can, at its own discretion and if possible, provide the User with advice related to the use of certain payment methods. However, the User hereby understands and agrees that in most cases, the Developer has no ability to provide the User with exhaustive explanations with regard to the use of payment methods. For questions related to refunds of fees paid by the User by mistake or with a violation of the rules of payment methods of applicable legislation, the User must contact the operators of the corresponding payment methods directly.
9.6.Consequences of Unlawful Acts When Making Payments. The User hereby confirms that he/she has the right to use his/her chosen payment methods without violating the rights of third parties or the legislation of the country within which the Software is provided, or the payment is made.
The User is obliged to compensate to Aleksei Sysoev, other uses or third parties for all losses incurred as a result of unlawful behavior of the User when paying the license fee, including in connection to the use of funds not belonging to said User to make the payment.
Unless otherwise stated by this Agreement or applicable legislation, the Developer reserves the right to unilaterally and for any reason pause or fully cancel the effect of this Agreement if the Developer has reason to suspect the User of unlawful acts related to payment of the license fee. At the same time, the Developrt is not obliged to pay said User any compensation, including returning funds spent, unless otherwise indicated by this Agreement or applicable legislation. In addition, Aleksei Sysoev reserves the right to convey information regarding unlawful acts by the User to relevant judicial authorities for investigative purposes.
9.7.Prohibition of Purchasing Rights from Third Parties. The Rights to use premium features and non-activated data and commands may be provided only by the Developer. In connection with this, no offers from third parties (apart from those sanctioned by the Developer) to provide Rights to use features or non-activated data and commands can be viewed by the User as offers coming from Aleksei Sysoev.
The User is obliged to immediately inform the Developer of any cases known to him/her of the provision of Rights to use non-activated data and commands or premium features or offers related to this by parties not authorized by the Developer.
If the User makes a payment in violation of this Agreement to individuals not authorized by the Developer, any claims from the User against the Developer connected with the provision of Rights to non-activated data and commands or premium features are not accepted. Aleksei Sysoev does not refund money spent by the User in such circumstances, and also does not continue to provide Rights to non-activated data and commands or premium features.
If the Developer establishes that the User is receiving Rights to non-activated rights and commands from third parties not authorized by Aleksei Sysoev, then the Developer reserves the right to, at its own discretion, pause, limit or cease this Agreement in connection to said User. In such a case, the Developer also reserves the right to take other measures to protect its rights to his Software, including contacting relevant judicial or law enforcement organizations.
9.8.Tracking Account Status. The User is obliged to independently keep track of the status of the Account he/she has created to ensure the correct display of non-activated data and commands whose Rights the User has purchased, and also with regard to access to premium features.
9.9.Withdrawing User’s Rights. The User understands and agrees that during workflow, the Rights to non-activated data and commands and premium features are provided up to the time when they are used for their purpose or up to the time mentioned by this Agreement. The termination of Rights to non-activated data and commands and premium features does not give the User a basis to demand a refund of the fee for Rights to non-activated data and commands and premium features, unless otherwise declared by this Agreement and applicable legislation.
9.10.Trading. Aleksei Sysoev does not allow Rights for non-activated data and commands and premium features to be exchanged for other Rights to non-activated data and commands and premium features, or Software assets or cash or non-cash money, unless otherwise specifically allowed by the Agreement.
9.11.Refunds. Aleksei Sysoev does not refund expenses linked to making payments, with the exception of cases directly specified by this Agreement or applicable legislation.
10. Intellectual Property Rights
10.1.Exclusive Right to the VCTool Software. Exclusive rights to source and object code (including activated and non-activated data and commands), user interface, graphical images, photos, animations, video images, video clips, audio recordings, sound effects, music, texts and Software content, and also any other Software elements belong to Aleksei Sysoev.
The User agrees that any part or element of the Software, its activated and non-activated data and commands, are an integral part of the Software and are protected by law. In spite of the fact that the User is given rights to use a Software, in itself the use of the Software cannot be seen as a transfer or yielding of exclusive rights in relation to the Software, its parts and assets, including non-active data and commands, from the Developer to the User.
The User also understands and agrees that all exclusive rights to the localized (translated into the relevant language) Software belong to Aleksei Sysoev or another legal rights-holder.
10.2.Exclusive Right of the User. Copyrights to materials created or purchased and published in the Software by the User belong to the creator or purchasing User (hereinafter Materials).
10.3.License to Materials. The intellectual property rights for the free-of-charge use of Materials, which are objects of intellectual property, transfer to the Developer in the form of a non-exclusive license within all the countries of the world as soon as said Materials are published by the User in the Software without mutual obligation to pay copyright fees or other remuneration and without limitation for the maximum possible time period and geographic scope of use. The intellectual rights to use the Materials as described in this paragraph include the right to use them by any means and in any country of the world without obstruction, including declaring, propagating, modifying, adapting or in any other way reprocessing, publishing, creating reproductions, without an obligation to mention the author’s name and without other mutual obligations. The User is also obliged to provide a legal basis for endowing Aleksei Sysoev with intellectual property rights to the Materials published by the User in the Software and belonging to other rights-holders.
10.4.Trademarks. Exclusive rights to the Developer’s trademarks registered in relation to the Software belong to Aleksei Sysoev and are protected in various jurisdictions of the world. Third-party trademarks mentioned in the software belong to their legal rights-holders.
11. Duration, Alteration and Termination of the Agreement
11.1.Agreement Duration. This Agreement enters into force upon acceptance of its terms by the User and is valid for twelve (12) months. This Agreement is automatically renewed for every next six (6) months, unless it was terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days prior to the expiration of the current term of the Agreement. If the Agreement is terminated in the order described, Aleksei Sysoev will not refund any monetary expenses or provide any other compensation, including for losses of any kind.
11.2.Alteration of the Agreement. This Agreement can be unilaterally changed by the Developer. The changes enter into force as soon as they are published on the site or 10 calendar days after they are published if this is directly declared by the Developer.
Use of the Software or authorization in the Software after changes enter into force means that the User agrees with said changes. The User is not freed from obligations created by this Agreement with consideration for changes made to it if the User has not read the changes in the Agreement.
11.3.Disagreement of User with Alterations in the Agreement. The User does not have the right to use the Software if he/she disagrees with any changes made to the Agreement. In this case, the User can terminate the Agreement unilaterally in accordance with the procedure laid out by this Agreement. If the User does not declare a wish to terminate this Agreement after changes are made to the Agreement, then the User is considered to have accepted the conditions of this Agreement, including changes made to it.
After a notification is received from the User indicating a wish to terminate the agreement, the Developer blocks access to the User’s Account. At the same time, the Developer does not refund any payments or provide any other compensation, including for losses of any kind.
11.4.Termination of the Agreement by the Developer. Aleksei Sysoev reserves the right to terminate this Agreement at any time in a unilateral and extrajudicial procedure, ceasing to provide the ability to use the Software, including activated and non-activated data and commands or other components of the Software, in the following cases:
11.4.1.If the Software is being closed. If the Software used by the User is being closed, the Developer is obliged to send a corresponding notification to the player’s address within at least ninety (90) calendar days before the closing date of the Software. At the end of the indicated period, the Develiper deletes the software and User Accounts, including purchased non-activated data and commands on said Accounts. Additionally, the Developer does not pay any compensation and among other things does not refund the User any monetary equivalent for purchased Rights to non-activated data and commands if a Software is closed.
11.4.3.If the conditions of Key Documents are violated. In the case of any violation, including one-time violations, by the User of the conditions of this Agreement or its Key Documents, or any other conditions of using the Software, Aleksei Sysoev reserves the right to unilaterally terminate this Agreement by deleting the User’s Account or by otherwise limiting access to the Software by the User. In this case, the Developer does not return funds to the User and does not compensate for any losses incurred.
11.5.Termination of the Agreement by the User. The User has the right, at any time and without informing the Developer or explaining the reasons, to terminate this Agreement unilaterally and extrajudicially by deleting their Account or, if the Software does not include the creation and use of an Account, then by deleting the Software itself with the preservation of the obligations and responsibilities of the User that arose before its deletion. In this case, all activated and non-activated data and commands linked to this Account may be deleted with no rights to restoration. Additionally, the Developer is not obliged to pay the User any form of compensation.
11.6.Alterations in Other Key Documents. The User confirms that Aleksei Sysoev has an unconditional right to unilaterally change the conditions of other Key Documents and that such changes are not a change to this Agreement.
12. Final Provisions
12.1.Severability. If one or several provisions of this Agreement are, in the order in which they are presented, declared invalid in accordance with a court decision entering into legal force, then the other provisions of this Agreement remain in force, and the Parties continue to fulfil their obligations with a method that corresponds as closely as possible to the intentions of the Parties when the Agreement was concluded or altered.
12.2.Conflict resolution. All conflicts between the Parties in regard to this Agreement are subject to resolution by means of correspondence and negotiations with a mandatory pre-court (complaints) process. The correspondence and negotiations take place by means of e-mail via the Parties’ e-mail addresses. If the Parties cannot reach an agreement through negotiation within sixty (60) calendar days from the moment the other Party writes a written complaint, then the conflict may be passed on by either involved Party to a court in a country in which the Developer is registered (with the exception of mandatory court jurisdiction over the case by any other courts) in accordance with the procedural and material right of the state in which the Developer is registered, with the exception of conflicts of law.