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End-User License Agreement (“Agreement”)
Version dated 9/4/2022
LICENSE AGREEMENT
BY DOWNLOADING, UPLOADING, COPYING OR OTHERWISE USING THE GAMES OF COMBAT WAFFLE STUDIOS OR PART THEREOF, YOU HEREBY CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AGREED AND ACCEPTED IN FULL THE LICENSE AGREEMENT BELOW AND UNDERTAKE TO OBSERVE IT AND BEAR LIABILITY FOR ANY VIOLATION THEREOF.
THE TERMS OF THE LICENSE AGREEMENT AND KEY DOCUMENTS (CLAUSE 2.2 BELOW) ARE ESSENTIAL AND BINDING.
This license agreement (“the Agreement”) establishes the terms on which you (“the User”) are granted a license to install and use the computer game Ghosts of Tabor.
TERMS USED IN THIS AGREEMENT
1.1. Game – multi-player computer game Ghosts of Tabor, being a software consisting of a set of data and commands, as well as audio-visual images produced thereby (hereinafter “the data and commands”), activated consecutively to obtain a result corresponding to the game scenario. The software also includes Game resources, supplementary and update elements to the Game (patches), as well as databases. Elements of the Game include but are not limited to the following: object code, individual software, instructions; any names, including names of places, Game points and the like; Game scenarios and individual parts thereof; texts of characters, fonts, audio sequence, visual sequence, interfaces, characters, their appearance and accessories and the like.
1.2. Licensor – COMBAT WAFFLE STUDIOS INC, legal address 3322 Collingswood Blvd, Port Charlotte, FL 33948, (hereinafter “Combat Waffle Studios”), and/or another person that, with the consent of Combat Waffle Studios, grants you the right to use the Game. The Licensor may discharge its obligations hereunder either personally or by engaging third parties.
1.3. Fee – payment to the Licensor for granting you the rights to use the Game within the bounds set hereby and delivered to you by the Licensor immediately prior to acquisition of the right to use the Game on the Internet. The fee is determined by the Licensor and posted on the Internet, and may depend on the Territory on which the Game use rights are granted, the scope of the data and commands available to you immediately after acquisition of the right to use the Game, etc.
1.4. Account – the User profile created by the User and belonging to Combat Waffle Studios consisting in the aggregate of User data stored on the Game resources for identification (authentication) of the User thereon and provision of access to the User’s personal data, settings and statistics in the Game, as well as to any similar information and functional of the Game.
1.5. Game resources – all servers, software, portals, websites and databases relating to the Game and located, among other things, on the websites http://ghostsoftabor.com or other websites of Combat Waffle Studios and/or the Licensor relating to the Game (including all subdomains).
1.6. Game elements – the entire set of objects, items, elements and methods of the gameplay used in the Game.
1.7. Game website – the website located at http://ghostsoftabor.com or other websites of Combat Waffle Studios relating to the Game (including all subdomains) providing the User with access to the resources of the Licensor, including for using the Game. The Licensor posts the information required for the User on the Game website.
1.8. Game Client – the part of the Game to be installed on the User’s PC.
1.9. User – an individual with the necessary capacity to conclude this Agreement, to whom the right to use the Game on the terms stipulated hereby is granted.
1.10. Rules of the Game – an attachment to the Agreement setting the rules for using the Game, as well as the User’s liability for breaking the Rules of the Game and posted on the Game website. The Rules of the Game may be amended by the Licensor at any time without notifying the User in advance. The Licensor notifies the User of such amendments by posting information on the Game website. By continuing to use the Game after the Rules of the Game are changed, the User consents to such changes.
1.11. Discord Rules – an attachment to the Agreement setting User rules of conduct on the official Game discord server (“Discord”) and the User’s liability for breaking the Discord Rules posted on the in Discord. The Discord Rules may be amended by the Licensor at any time without notifying the User in advance. The Licensor notifies the User of such amendments by posting information on the Game Discord. By using the discord server in any way after the Discord Rules are changed, the User consents to such changes.
1.12. Launcher application – software required for identifying the User, downloading and installing the Game Client and launching the Game.
1.13. Parties – the Licensor and you (hereinafter “the User”, “the Licensee”), hereinafter separately referred to as “the Party” and jointly as “the Parties”.
1.14. Territory – the territories of the countries in which it is possible to exercise the Licensee’s right to use the Game. Information about the Territory is posted by the Licensor on the Internet on the Game website, within the Game, or by another relevant means that does not violate the rights and interests of the User. If, at the request of the User, the Licensor changes the Territory on which the right to use the Game is granted, the User is charged an additional fee.
TERMS FOR CONCLUSION OF THIS AGREEMENT
2.1. The User hereby confirms that they possess the legal capacity to conclude this Agreement. If the User is a minor (under 18 years of age) or is fully or partially legally incompetent under the legislation of the User’s country of residence, the User hereby confirms that they have received permission from their parents or legal representatives to conclude this Agreement in the manner prescribed by law. In the interests of users with limited legal capacity, the Agreement may be concluded only by their legal representatives (guardians, caregivers and the like). Such a person must obtain such consent and ensure it is in place throughout the term of the Agreement. The Licensor may, at any time, demand such consent from the legal representatives and it must be presented to the Licensor. If it is not presented, the User loses the possibility of using the Game. In addition, use of the Game may be suspended/terminated by the Licensor at the request of the legal representatives.
2.2. Before starting to use the Game, the User shall acquaint themselves with and accept the conditions hereof, as well as the conditions of the following documents: Confidentiality Policy, Rules of the Game, Forum Rules (hereinafter “the Key Documents”).
2.3. This Agreement is concluded when the User accepts the conditions hereof and of the Key Documents. Actual use of the Game by the User also signifies acceptance thereby of the conditions hereof and of the Key Documents (apart from the Confidentiality Policy, acceptance of the conditions of which requires the User’s clearly expressed consent) and conclusion hereof. The User assumes the obligation to observe the conditions hereof and of the Key Documents from the time the Agreement is concluded.
SUBJECT OF THE AGREEMENT
3.1. The Licensor grants the User the right to use the Game in the scope, by the means, for the term and in within the bounds of the Territory specified herein or in the Key Documents and (or) the Internet resources to which the Agreement refers. The User is granted a simple (non-exclusive) license to the Game, including the Game Client.
3.2. The License to the Game, including the Game Client, applies to updates, additions and supplementary components that may be provided or access to which may be provided by the Licensor, as well as by authorized representatives of the Licensor during use by the User of the Game Client, other than when the right to use such updates, additions and supplementary components is granted on the basis of separate agreements. Any updates, additions and supplements to the Game Client are installed in the same system folders and files on the User’s PC in which the version of the Game Client is stored. If any material changes are made to the Game Client, the Licensor undertakes to notify the User additionally by means not conflicting with the Agreement or violating the rights and interests of the User.
3.3. The Licensor operates and services the Game. The User is granted the right to use the Game, including the Game Client, exclusively by Combat Waffle Studios and/or by the Licensor, or their authorized representatives.
3.4. The Licensor is entitled, at its own discretion, to determine the territory on which it operates and services the Game and grants users the right to use the Game, including the Game Client.
USER RIGHTS AND BOUNDS OF USE OF THE GAME
4.1. The User has the right to use the Game in the following ways:
4.1.1. To reproduce the Game Client by installing it on their PC or other device with the requisite technical characteristics.
4.1.2. To use the Game via the Internet by remote access to it by means of the Game Client, in mandatory observance of the conditions of the Key Documents, for which purpose the User has the right: (а) to create and delete an Account on the terms set hereby; (b) to use the basic functional program capabilities of the Game for obtaining and managing Game elements; (c) to perform other actions permitted by the Licensor.
4.1.3. To change the bounds of use of the Game in accordance with the conditions posted on the Game website.
4.2. The User does not have the right:
4.2.1. To distribute the Game or copies thereof for commercial or non-commercial purposes either by distributing material carriers with it or by posting it on the Internet for provision of access thereto and (or) downloading by specific persons or an unlimited range of persons without the written permission of the Licensor.
4.2.2. To distribute, for commercial or non-commercial purposes, audio-visual elements, images or other intellectual property present in the Game (unless permitted by the Licensor), including copying, transmitting, distributing, publishing or otherwise using information and/or intellectual products posted on the Game website and Game resources, without the written permission of the Licensor.
4.2.3. To distribute Game elements for commercial or non-commercial purposes.
4.2.4. To copy elements of the Game, unless this is expressly envisaged by this Agreement or the Key Documents.
4.2.5. To reverse engineer, “retrieve” technology, decompose or otherwise endeavor to retrieve the source code of software constituting an element of the Game, to make any changes to the source code of the Game, or alter the functional of the Game Client.
4.2.6. To use the Game by means other than those envisaged in the Agreement and the Rules of the Game and not envisaged by the gameplay.
4.2.7. To translate the Game into other languages without the consent of the Licensor.
4.2.8. To transfer rights in relation to the Game, for commercial or non-commercial purposes, to third parties, including by transferring the Account, concluding an agreement or otherwise.
4.2.9. To use another User’s Account.
4.2.10. To dispose or otherwise transfer the Account or acquire another User’s Account, including by means of exchange or gift.
4.2.11. To use automated scripts for collecting information or for any other type of action with the Game and its elements.
4.2.12. To use the Game in ways not provided for hereby and going beyond the scope of the customary gameplay.
4.2.13. To make actions not expressly permitted by the Licensor and/or Combat Waffle Studios in relation to the Game or elements of the Game resources. Among other things, the User does not have the right to copy, transmit, distribute, publish or otherwise disseminate and reproduce materials (text, graphic, audio- or video-materials) constituting part of the Game resources, without the written consent of Combat Waffle Studios.
4.3. The User shall:
4.3.1. Independently take steps to ensure the security of their Account and prevent its unsanctioned use by third parties. The User undertakes not to disclose or transfer to third parties their identification details by which the User may be authorized (authenticated).
4.3.2. Fulfil the instructions of Combat Waffle Studios and of the Licensor received individually or as part of a group of users in the Game, the user support center or the news section of the Game Website, in the Game Forum or by other means. Combat Waffle Studios and the Licensor have the right to suspend, restrict or terminate the User’s right to use the Game if these instructions are not observed.
4.3.3. On the demand of Combat Waffle Studios and/or of the Licensor in connection with conclusion and performance hereof, confirm their personal or other data required for fulfilling the conditions of the Agreement and observing the legislation.
4.3.4. Under no circumstances to perform the following actions, either in full or in part:
derivative works: copying or reproduction, deciphering, source code retrieval, amendment, decomposition, decompilation or creation of derivative works based on or connected with Game Client or directly of the Game;
fraud: fraud, use, offer, advertisement, provision and/or distribution of the following actions or complicity therein:
а) ways to override limitations, i.e., methods affecting the course of the Game and/or simplifying it (including code taking advantage of Game vulnerability) and thus giving the User and/or any other user advantages over other players not using such methods;
b) automated access to the Game (“bots”), i.e., any code and/or software not expressly permitted by Combat Waffle Studios, allowing the User to manage the Game and/or some component or function of the Game automatically, such as automatically controlling a character in the Game;
c) computer hacking, i.e., access to the Game software or its modification by a means not expressly permitted by Combat Waffle Studios; and/or
d) any code and/or software not expressly permitted by Combat Waffle Studios that may be used in connection with the Game Launcher Application, the Game and/or any component or functions of the Game Launcher Application or the Game for changing the course of the game and/or making it easier.
Prohibited commercial use: use, either in total or individual parts, of the Launcher Application or of the Game for any purposes not expressly permitted by Combat Waffle Studios, including, among other things: (i) use of the Game in commercial establishments; (ii) collection of game money, items, materials, resources, etc. for sale outside the Game; (iii) provision of game services, such as raising the level, in exchange for payment outside the Game; or (iv) transfer or facilitation of distribution (by text or audio means or any other method) of commercial advertising or offers through or within the scope of the Game; “esports”: use of the Game(s) for organizing esports or group competitions, sponsored, promoted or motivated by any commercial or non-commercial organization, without obtaining an additional license from Combat Waffle Studios, or without obtaining the prior written consent to this from Combat Waffle Studios;
data retrieval: use of outside software that captures, collects, counts or otherwise “retrieves” information reproduced or stored by the Game Launcher Application or the Game; at the same time, however, Combat Waffle Studios has the right, at its own exclusive and absolute discretion, to permit use of certain outside user interfaces;
use of program defects: creation, use or performance of game operations by exploiting shortcomings in the structure, unregistered problems or program defects in the Game;
unauthorized connection: facilitation of unauthorized connection, installation or support of unauthorized connection to the Game, including, among other things, (i) any connection to an unsanctioned server that emulates or attempts to emulate the operation of the Game; as well as (ii) any connection using outside programs or instruments not specially authorized by Combat Waffle Studios;
transfer: attempts to sell any versions of the Game, issue licenses or sublicenses for them, provide them for temporary use or lease, lending, pledge and other transfer thereof to third parties, unless expressly permitted hereby;
real money trading: selling in-game items for real world money to other players of the game.
destruction: causing of harm or facilitation of harm in relation to (i) any computer and/or server used for supporting the Game or any game environment; (ii) use of the Game by any other player. ANY ATTEMPT ON YOUR PART TO CAUSE DAMAGE TO NORMAL WORK OF THE GAME MIGHT CONSTITUTE A BREACH OF CIVIL AND CRIMINAL LAW.
If any of the above actions are performed, in full or in part, Combat Waffle Studios and (or) the Licensor has the right to terminate your access to the Game, the Discord and social network groups for an unlimited time, without prior notification.
4.3.5. Reimburse Combat Waffle Studios, other users of the Game and (or) other third parties for any losses incurred thereby as a result of actions on the part of the User, including in connection with breach of this Agreement, intellectual or other rights of the given persons.
4.3.6. Promptly notify Combat Waffle Studios of any unsanctioned use of the Account, hacking or any other such actions.
4.3.7. Observe other requirements and obligations prescribed hereby and by the Key Documents.
EARLY ACCESS & BETA TESTING
5.1. If the User participates in beta-testing of the Game, the User acquires the status of a beta-tester. Beta-testing is carried out exclusively for assessing the possibilities of the Game and identifying errors. Combat Waffle Studios bears no liability for events taking place during beta-testing. After the beta-testing, all game values will be deleted from the Accounts (other than in agreed cases during performance of public beta-testing). The User confirms that they take part in beta-testing at their own risk and understand that the Game might include bugs. Any game values may be deleted at any time (other than in agreed cases during performance of public beta-testing). Combat Waffle Studios and/or the Licensor do not bear liability for ensuring uninterrupted access to the Game. Any information obtained by the User during beta-testing is confidential and is not subject to disclosure without the written permission of the Licensor. To take part in beta-testing, the User must undergo an authorization process and participate in the beta-testing personally.
RIGHTS AND OBLIGATIONS OF COMBAT WAFFLE STUDIOS
6.1. Combat Waffle Studios has the right:
6.1.1. At any time, unilaterally, to restrict, expand, supplement, modify or otherwise change the Game, including any of its elements and parts, without prior notification of the User, including by amending the Key Documents.
The Game, its elements and parts are modified through creation and installation of new software parts (patches), the purpose of which, for instance, be to improve or change the gameplay or add new possibilities to the Game (functional possibilities, software components) that might result in deletion or suspension of access to certain Game elements.
The User understands and hereby acknowledges that the given actions constitute an integral part of Game creation and gives their consent to performance of the given actions by Combat Waffle Studios without notifying the User in advance.
6.1.2. To manage the Game, gameplay, technical and other characteristics of the Game elements exclusively at its own discretion; to suspend or change the course of the gameplay without notifying the User in advance.
6.1.3. At any time to change or delete any information posted by the User on the Game resources, including statements and announcements made by the User in the game chat or on the Game Forum.
6.1.4. To restrict or terminate the User’s access to the Game on the conditions hereof, including if the User violates the terms of this Agreement or the Key Documents. In exercising this right, Combat Waffle Studios is not required to provide the User with evidence of the breach by the User of the terms of the Agreement resulting in the User’s access being terminated or restricted.
6.1.5. During the gameplay, to give warnings to Users, to caution, notify or inform them of any failure to observe the conditions of the Key Documents or of this Agreement. The User shall fulfil instructions from Combat Waffle Studios received during the gameplay.
6.1.6. At any time, to terminate fully the right to use the Game (to close the Game) in consideration of the provisions hereof.
6.1.7. To take any steps not in contravention of the effective legislation to restrict or terminate access to the Game for persons who breach the Agreement.
6.2. The Licensor undertakes:
6.2.1. To provide the User with an opportunity to use the Game on the terms set forth herein, on the condition of observance by the User hereof and of the Key Documents.
6.2.2. To provide the User with an opportunity to download a copy of the Game Client from the Game website.
6.2.3. To notify the User of change to the conditions hereof by posting information on the Internet on the Game website and (or) notifying the User by email to the User’s email.
6.2.4. To control the gameplay in order to observe a balance of Users’ interests.
6.2.5. To ensure the proper performance and due functioning of the Game, including information exchange between Game users, work connected with technical maintenance of the software, databases and equipment or Game resource improvement for the purposes of enhancing the gameplay, performance and functioning of the Game, including the Game Client and the Game resources.
6.2.6. To maintain the confidentiality of registration data used in setting up an Account and other User data, other than in cases provided for by the applicable legislation, the legislation applicable in connection with the User’s citizenship or the territory on which the rights are granted and/or by this Agreement and the Key Documents.
RESTRICTED LIABILITY OF THE LICENSOR
7.1. The Licensor and/or Combat Waffle Studios, their authorized representatives and the right holders of the protected intellectual products do not bear liability for:
7.1.1. Unlawful or other actions on the part of the User and (or) third parties impeding use of the Game.
7.1.2. Statements made by the User on Game resources. Combat Waffle Studios and/or the Licensor are not liable for the conduct of the User in the Game and on Game resources, including for disrespect towards other users.
7.1.3. Loss by the User of the possibility of accessing the Account set up thereby (loss of log-in, password, other information required for the User to use the Game).
7.1.4. Incomplete, imprecise or incorrect specification by the User of their data when setting up an Account.
7.1.5. Lack of Internet access for the User and the quality of Internet-provider services, other breakdowns, problems with the computer used by the User to go online.
7.1.6. Materials of third parties posted on Game resources or third-party websites accessible by link from Game resources.
7.2. Data posted on Game resources by third parties may not be considered as a reliable and/or official source of information. The Licensor is not liable for indirect losses or other costs the User might incur as a consequence of using such information.
7.3. The User (their legal representatives, guardian) agrees to control their own state of health and limit access to the Game in the event of any contraindications.
7.4. The Licensor is not liable for unlawful actions by third parties claiming to be the Licensor, including for unsanctioned receipt thereby of any User data (Account details and the like) the User enters in performance hereof or use of the Game. The User undertakes to notify promptly the Licensor and/or Combat Waffle Studios at support@combatwaffle.com about such actions (or threat thereof).
7.5. The Licensor does not guarantee that:
7.5.1. The Game will satisfy the User’s subjective requirements and expectations.
7.5.2. Gameplay on the Game resources will be continuous, fast, without technical breakdowns, reliable and error-free.
7.5.3. The results that be achieved using the Game software and databases during use of the Game will be error-free and correct.
7.5.4. The quality of the gameplay, the aspects of the Game, as well as information obtained during the Game or during use of the software and databases provided on the Game resources will meet the User’s expectations.
7.5.5. The Game will be accessible for use round the clock, at a specific time or during a certain period.
7.5.6. Any shortcomings or defects in the Game Client will be corrected. Nor is the Licensor required to provide technical support to the User in relation to the Game, the Game Client, other functions or the Game resources.
7.6. Combat Waffle Studios and/or the Licensor are not liable for any direct or indirect damage or lost profit incurred by the User or third parties, even if the User submits a notification of the likelihood of such damage and/or losses occurring as a result of:
7.6.1. use or impossibility of using the Game and Game resources, as well as interruptions in use of the Game, including program breakdown;
7.6.2. unsanctioned access by third parties to the User’s personal data or other information, including any associated with the Account set up thereby;
7.6.3. statements by or conduct of a third party during the Game or on Game resources.
7.7. Under any circumstances, the liability of Combat Waffle Studios and/or of the Licensor toward the User is to a sum not exceeding the Fee received by Combat Waffle Studios and/or by the Licensor from the User until the circumstances arise that engender the liability of Combat Waffle Studios and/or of the Licensor.
FORCE MAJEURE
8.1. The User, Combat Waffle Studios and/or the Licensor are released from liability for full or partial failure to fulfil their obligations hereunder if such failure is a result of force majeure, including mass disorders, prohibitions by the authorities, natural disasters, fire, catastrophe, as well as breakdowns in telecommunications and electricity supply networks, impact of malware, as well as bad faith actions by third parties designed to gain unsanctioned access to the software or hardware or put them out of order.
LEGISLATIVE RESTRICTIONS
9.1. The User does not have the right to use the Game, if the legislation of the territory where they are located prohibits participation in online-games or sets other restrictions, including age ones, on use of such software. In this case, liability for using the Game is borne by the User.
INTELLECTUAL RIGHTS
10.1. The Game, including the source and object code, graphics, gameplay, game scenario, user interface, any game elements, musical accompaniment and other content, constitute and (or) contains intellectual products the exclusive right to which belongs to their legal right holders.
10.2. The User agrees that any element of the Game constitutes an integral part of the Game as software and is protected by law. Even though the User is granted the right to use the Game, performance of gameplay and use of the Game may not be assessed as transfer (alienation) and (or) cession of the exclusively rights in relation to the Game or parts thereof, from Combat Waffle Studios and/or of the Licensor to the User.
10.3. The User agrees and fully acknowledges that all exclusive rights to a localized Game (translated into the relevant language), graphic images, photographs, animation, video-images, video-clips, audio-recordings, audio-effects, music, textual content and the general content of the Game, as well as any other elements of the Game, belong, without exception, to the legal right holders.
10.4. The copyright to materials posted in the Game by the User belongs to the User that created them or other legal right holders (hereinafter “the Materials”).
10.5. The rights to unlimited gratuitous use of Materials constituting intellectual products transfer to Combat Waffle Studios in form of a simple (non-exclusive) license on the territory of all states in the world from the moment they are posted (published) by the User in the Game, without any counter-obligation to pay any author’s or other remuneration and without limitation in time, method or territory of use. The rights to use the Materials under this clause include the right to use them in any manner and in any country of the world, including publicizing, distributing, modifying, adapting, otherwise processing, publishing and creating derivatives without the obligation to name the author or any other counter-obligations. The User undertakes ensure legal grounds also for granting Combat Waffle Studios the intellectual property rights to Materials posted by the User in the Game and belonging to other right holders.
10.6. All use of intellectual products or part thereof posted in the Game is prohibited without prior written permission from Combat Waffle Studios, other than in cases specified herein.
10.7. Trademarks “Ghosts of Tabor” and “Combat Waffle Studios” are registered and protected in different jurisdictions in the world. Trademarks of third parties mentioned in the Game or its description belong to their legal right holders.
TERM, AMENDMENT AND CANCELLATION OF THE AGREEMENT
11.1. This Agreement comes into effect when the User accepts its conditions and remains in force for twelve (12) months. The term hereof is automatically prolonged for each subsequent six (6) month period, unless it is cancelled on the initiative of one of the Parties by means of a written notice sent to the other Party at least thirty (30) calendar days prior to expiry of the Agreement. If the Agreement is cancelled in the manner specified in this clause or on the grounds of other clauses hereof or by law, Combat Waffle Studios does not refund the User or reimburse any losses.
11.2. This Agreement may be amended by Combat Waffle Studios unilaterally. A notice of amendment of the Agreement is published on the Game website and (or) sent to the User’s attention by email to the address indicated thereby when setting up the Account at least ten (10) calendar days before the amendments come into effect.
Use of the Game or authorization in the Game following publication of the announcement and (or) dispatch of the notice of amendment of the Agreement as described above means consent by the User to the amendments introduced into the Agreement. The User is not released from obligations stipulated hereby in consideration of the amendments made hereto if the User failed to acquaint themselves with the changes to the Agreement.
11.3. The User does not have the right to use the Game if they disagree with the amendments introduced into the Agreement.
In this case, the User has the right to cancel the Agreement unilaterally within ten (10) calendar days of the amendments to the Agreement being published on the Game website and (or) the relevant notification sent by email. If the User decides to cancel this Agreement, they shall send Combat Waffle Studios and/or the Licensor a notification of cancellation of the Agreement by email. If, within the above ten (10) calendar day period, the User does not express their wish to cancel this Agreement, the User is deemed to have accepted the conditions hereof in consideration of the amendments made hereto.
After receiving the User’ notification of cancellation, Combat Waffle Studios and/or the Licensor suspends the User’s access to the Account. Whereat Combat Waffle Studios and/or the Licensor does not refund any money and does not make any other reimbursements, including losses of any kind.
11.4. Combat Waffle Studios and/or the Licensor has the right to cancel this Agreement unilaterally and extra-judicially at any time, terminating the right to use the Game and possibility of doing so in the following cases:
11.4.1. Closure of the Game. In this case, Combat Waffle Studios or the Licensor shall, at least one hundred and eighty (180) calendar days prior to closure of the Game, send the User a relevant notice. Combat Waffle Studios does not pay any compensation and, among other things, does not reimburse the User for the monetary equivalent of the in-game currency or the like.
11.4.2. Any, including one-time, breach by the User of the conditions hereof or of the Key Documents, as well as the terms for using other games of Combat Waffle Studios. In this case, Combat Waffle Studios and/or the Licensor does not refund the User or reimburse any losses.
The Licensor has the right to revoke the right to use the Game by blocking (deleting) the User’s Account in the Game. From the date of such blocking, this Agreement is considered cancelled and the right to use the Game terminated.
Termination of the Agreement with the Licensor, revocation of the right to use the Game and/or cancellation of the Agreement on any grounds does not provide the User with grounds for claiming from the Licensor return of the Fee paid or any other payments made by the User in connection with use of the Game.
11.5. The User has the right at any time, without notifying Combat Waffle Studios and/or the Licensor and without explanation, to terminate this Agreement unilaterally and extra-judicially by deleting the Game Client and the Game from the memory of the computer and/or deleting the Account, while retaining the obligations and liability of the User arising prior to deletion of the Account. In this case, all the Game elements linked to this Account will be deleted without the right to restore them. Combat Waffle Studios and/or the Licensor is not required to pay the User any compensation in this event.
11.6. The User confirms that Combat Waffle Studios and/or the Licensor has the unconditional right to change the conditions of the Key Documents unilaterally and that such amendments do not constitute amendments hereto.
FINAL PROVISIONS
12.1. This Agreement supersedes all previous agreements between the Parties.
12.2. If one or several provisions hereof are duly recognized as invalid under a court judgement that has come into legal effect, the other provisions hereof remain in effect and the Parties continue to discharge their obligations in a manner corresponding as far as possible to the intentions of the Parties when they concluded and (or) amended this Agreement.
12.3. All disputes between the Parties hereunder are to be resolved by means of correspondence and negotiations in a mandatory pre-trial (claims) manner. If it proves impossible for the Parties to reach an agreement by means of negotiations within sixty (60) calendar days of the other Party receiving the written claim, the dispute may be referred by any Party to be heard by a court of law.
12.4. This Agreement and all disputes, claims and obligations (contractual and non-contractual) arising on the basis of or in connection therewith, their subject or conclusion are regulated by the law of Florida, USA. Unless otherwise envisaged by the legislation of the country in which the User resides, the Parties are subject to the jurisdiction of courts of the state of Florida, USA. In the event a dispute shall arise between the parties to this EULA, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration.
Contact Us
If you have any questions about this Agreement, You can contact Us:
By email: support@combatwaffle.com
By mail: 105 Triple Diamond Blvd, Suite 102, Nokomis FL 34275