License Agreement-Offer
LICENSE AGREEMENT
This Agreement is a public license agreement-offer (offer) of SelPix (hereinafter referred to as the Company) with an individual (hereinafter referred to as the User) who will accept this offer on the terms and conditions stated below.
The text of this License Agreement-Offer (hereinafter referred to as the Agreement/Offer) is located at: https://mmopix.com/documents/offer.
1. Concepts and Definitions
1.1. The Company is "CelPix", which has the rights to distribute License Keys to Users. The Company does not possess the exclusive right to the results of intellectual activity and does not independently grant the User any license rights to the distributed Computer Games.
1.2. User - a natural person who has a Personal Account on the Site, who has reached the age of 18 years or 14 years, who has obtained the consent of their legal representatives (parents, guardians, adoptive parents) to accept the terms of this Offer and/or to dispose of personal funds for the purposes set forth in this Offer, and who has made an acceptance of this Offer.
1.3. MMOPIX Website (hereinafter - the Website) - a set of automated information data available on the Internet at the network address in the domain: https://mmopix.com.
1.4. Registration - filling in credentials (email, password) in the registration form on the Site. Upon registration, a personal account of the User (Personal Account) is automatically created for access to the Site services.
1.5. My Account is a set of pages of the Website protected by technical means, which is a personal section of the User on the Website, to which the User gets access after registration and/or authorization on the Website. My Account is intended for entering into, executing, terminating civil law transactions with the Company, using additional functionalities of the Site, viewing and managing the available functionalities of the Site, receiving discounts on the service, sending messages, notifications to the Company, as well as performing other actions provided for by the explicit functions of My Account.
1.6. Компьютерная игра — программа для ЭВМ, служащая для организации игрового процесса и содержащая текстовую, цифровую, графическую, звуковую, музыкальную, видео, фото и иную информацию, включающую объекты авторского права и смежных прав. Описание Компьютерной игры, порядок и условия ее активации, а также системные требования,предъявляемые к ЭВМ, необходимые для ее Инсталляции и воспроизведения, содержатся на Сайте в разделе каждой конкретной выбранной Пользователем Компьютерной игры.
1.7. Installation - installation of the Computer Game (writing all files necessary for its operation in the appropriate locations of the computer's file system) performed by a special program (package manager) present in the computer's operating system.
1.8. Distribution - a method of storing the Computer Game, which is a set of files and software protection components for its initial installation.
1.8.
1.8. Distribution - a method of storing and transmitting a Computer Game, which is a set of files and software protection components for its initial installation.
1.9 Download means the Computer Game is written to the User's computer memory as part of the process of data transfer via the Internet.
1.10. License means a license for the Computer Game.
1.11. Activation Service means an online service located on the Internet where the License Key is activated for the purpose of purchasing the Computer Game.
1.12. Pre-Order means the User's expression of intent, confirmed by payment, to purchase a License Key for a Computer Game prior to the date of the official publication (release) of the Computer Game by its copyright holder.
2. Subject of the Agreement
2.1 From the moment the User accepts this Offer, the Company grants the User a non-exclusive license to play each Computer Game selected by the User at the time of Ordering by providing a License Key.
2.2. The User is informed that activation of the License Key may require installation of additional software, registration on the Site of the right holder (licensor) and/or acceptance of the terms and conditions of the license agreement between the right holder and the end user.
2.3 The User may not transfer the right to use the License Key. The exception is set forth in par. 5.4.2. of the Offer.
2.4. Under this Agreement, the Company grants the User the right to use the License Key in accordance with its direct purpose.
3. Registration procedure
3.1 Registration on the Site is carried out by the User by filling out the electronic form posted on the Site.
3.2 By registering on the Site, the User confirms that he is familiar with the MMOPIX Privacy Policy, as well as with the terms of this Agreement.
3.3 Upon registration on the Site, the User gets access to the Personal Account, which contains information about the User, as well as about the orders and pre-orders made by the User.
3.4 To access the Personal Area, the User must enter a user ID (login) and password. The User is obliged to keep the data from his/her Personal Area secret. It is forbidden to transfer this information to third parties. The password for access to myAlpari is analogous to the User's handwritten signature and is used to identify the User when executing the Agreement.
4. Procedure for providing the License Key
4.1 The User shall purchase the License Key by himself by accepting the Offer. Acceptance of this Offer is a transfer of funds to the Company's settlement account.
4.2. Upon acceptance of the Offer, the Company transfers the License Key to the User by placing it in the User's Personal Account in the "Orders" section and sending it to the User's e-mail address to which the User has registered a Personal Account on the Site.
4.3. Pre-order of the License Key is carried out in accordance with clauses 4.1. - 4.2. of this Agreement.
4.3.1 The term of transfer of the License Key - within 3 business days from the date of official publication (release) of the Computer Game by its right holder.
4.4. Returns:
4.4.1 The User has the right to request a refund for the paid License Key by sending a refund request in writing to the Company's e-mail address - [email protected]. The e-mail must contain the subject "Refund" or "Application for Refund".
.4.4.2 The User has no right to request a refund for the ordered and/or pre-ordered License Key after receiving it, provided that it is of proper quality.
.4.4.4.3 A License Key of proper quality means a License Key that can be used for its intended purpose, i.e. to activate the Computer Game, which is protected against unauthorized use by third parties.
4.4.4 The refund for the License Key is made by the Company within 10 (ten) calendar days from the date of receipt of the User's application for a refund. The moment of refund is considered to be the moment of debiting the Company's bank account. The term of crediting the funds to the User's bank account depends on the terms of transfer set by the payment system.
.5. Rights and obligations of the parties
5.1 The Company undertakes:
5.1.1 Provide the User with a License Key within one calendar day after the User has paid for the License Key.
5.1.2 Provide the User with the License Key purchased under the Pre-order in accordance with the term specified on the Site. The deadline for providing the License Key purchased under the Pre-order may be postponed until the date of official publication (release) of the Computer Game by its copyright holder.
5.1.3. Observe the terms of confidentiality.
5.2 The Company has the right to:
5.2.1. Temporarily suspend access to the User's Personal Account due to technical, technological or other reasons preventing access to the User's Personal Account while such reasons are being eliminated.
5.2.2 Suspend this Agreement and (or) terminate the Agreement unilaterally out of court by notifying the User in cases where the User violates the obligations and (or) guarantees assumed in accordance with the Agreement, if the Company has information from third parties and (or) state authorities of the Russian Federation about the User's purchase of License Keys for purposes related to business activities, as well as in cases where the User violates the principles of business ethics of communication, in particular, if the User violates the principles of business ethics of communication.
5.3. The User undertakes:
5.3.1. independently study the text of this Offer posted at: https://mmopix.com/documents/offer.
.5.3.2. Pay the Company's License Fee in accordance with the terms of this Agreement.
5.3.3. Before purchasing the License Key, read the description of the Computer Game for the activation of which the License Key is purchased, the procedure for its use on the Promotion Service, as well as the system requirements for the computer necessary for the installation and playback of the Computer Game, contained on the Site in the section of each particular Computer Game selected by the User.
5.3.4 Do not share your login and password for myAlpari with third parties. All actions performed on the Site using the User's login and password are considered to be performed by the User. The Company is not responsible for unauthorized use of the User's login data by third parties.
5.3.5 Do not license, sublicense, resell, transfer, decompile, disassemble, alienate, distribute or use the Site or the License Keys in ways not provided for in the Offer.Anything that is not covered by the Offer is prohibited.
5.3.6 In case of non-receipt of the License Key, inform the Company within 7 (seven) days from the date of payment of the License Fee. If the Company does not receive a notification from the User of non-receipt of the License Key within the specified period of time, the Company's obligations to transfer the License Keys to the User shall be deemed to have been duly and fully performed.
5.4. The User has the right to:
5.4.1. Contact the Company for additional information about the Computer Game.
5.4.2. To donate a purchased and unactivated License Key to another natural person.
6. The price of the Agreement and the procedure of settlements
6.1 The price of the License Key is determined on the Website. The Company has the right to unilaterally change its price by posting new prices on the Website.
6.2 The price of the Agreement is the license fee, which is paid by the User on prepayment terms by any of the methods specified on the Site. The license fee is not subject to VAT on the basis of subparagraphs. 26 п. 2 of Art. 149 of the Tax Code of the Russian Federation.
6.3 The moment of payment by the User under the Agreement is the receipt of funds to the Company's settlement account.
6.4 All bank or other commission payments related to the payment of the cost of providing Computer Games License Keys shall be paid by the User.
7. Warranties and Liability of the Parties
7.1 The Company warrants that it has all legal grounds to fulfill its obligations under this Offer.
7.2. The User warrants that under no circumstances will the User reverse engineer, decompile or otherwise transform the License Keys or modify the License Keys.
7.3 User warrants that he/she is purchasing the License Keys for his/her own personal use.
7.4. The Company is not responsible for direct and/or indirect damage caused to the User, as well as does not reimburse the User for losses (including lost profits) incurred by the User as a result of improper quality of public communication channels, traffic exchange policy between providers, improper functioning of the Internet or for the quality of communication lines not related to the Company's own resources and their availability to the User.
7.5. The Company shall not be liable and shall not reimburse the User for any losses incurred by the User as a result of:
7.5.1. unauthorized interference by the User and/or third parties at the User's request with the source code or software components of the Computer Game or the License Key;
7.5.2. the User has provided false information when registering on the Site;
7.5.3. blocking of the License Key by the right holder and/or licensor;
7.5.4. if any defects in the Computer Games are discovered after the User has received the License Key.
7.6. The Parties shall be released from liability for partial or full failure to fulfill their obligations under this Agreement if such failure was caused by force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures. Force majeure circumstances include events which the Parties cannot influence and for the occurrence of which they are not liable: earthquake, flood, fire, strikes, violent or military actions of any nature, decisions of state authorities preventing the fulfillment of this Agreement.
7.7. On all issues not settled by this Offer, as well as in the resolution of disputes arising in the process of its execution, the Parties shall be guided by the current legislation of the Russian Federation. Pre-trial dispute settlement procedure is mandatory for the Parties:
.7.7.1. The claim shall be sent by e-mail.
7.7.2. The Party that received the claim is obliged to send a reasoned response to it to the other Party within 5 (five) days from the date of receipt of the claim.
7.7.3 In case of failure to reach an agreement, the dispute shall be submitted for consideration to judicial authorities in accordance with the laws of the Russian Federation.
7.8 The User warrants that prior to accepting this Offer, the User has read the program description, system and hardware platform requirements, delivery terms and other information related to the License Keys and the granting of rights thereto posted on the Site.
8. Final provisions
8.1 This Agreement is perpetual.
8.2. The Parties recognize that notices and messages of the User to the Company are considered to be duly sent only if they are made in writing and contain all data necessary for identification of the User.
8.3 Each of the Parties undertakes to act in good faith, to sign and deliver properly documents and take other actions that may be required for the fulfillment of the Agreement.
нты и предпринимать иные действия, которые могут требоваться для исполнения Договора.8.4. This Agreement is made in accordance with the current legislation of the Russian Federation.