Last Modified: 1/15/23
END USER LICENSE AGREEMENT
ATTENTION! YOU ACCEPT THIS END USER LICENSE AGREEMENT AND CONFIRM YOUR CONSENT WITH ALL ITS CONDITIONS WITHOUT LIMITATIONS CONCERNING THE GAME “ev.io” LOCATED AT THE ADDRESS: https://ev.io IF YOU DOWNLOAD, COPY ANY PART OF THE GAME AND (OR) USE IT BY ANY OTHER WAY AND (OR) IF YOU STARTED TO PARTICIPATE IN THE GAME PROCESS IN THIS GAME.
This End user license agreement (hereinafter referred to as the "Agreement") governs the relationship between the Enthusiast Gaming Inc. and its affiliates, hereinafter collectively referred to as "Licensor" and you, the Game Licensee (hereinafter referred to as "Licensee"), in relation to the Game.
1. Terms used in this Agreement
1.1. Game is an interactive computer game online, located on the Internet at: https://ev.io which is a computer program and a collection of data, commands and generated audiovisual images (hereinafter referred to as "data" and "commands"), activated sequentially to obtain a certain result by the Licensee provided by the Game script, without making a payment (activated data and commands) or after making a payment (non-activated data and commands). The rights to use data and commands (activated and non-activated) are granted by the Licensor to the Licensee under the terms and conditions specified in this Agreement. The Licensor is the owner of the necessary amount of rights to the Game and to all its elements, taken individually or in combination. The Licensor has the right to use, operate and distribute the Game.
In order to ensure the rights and obligations of the parties arising under this Agreement, Licensee reproduces the set of data and commands predetermined by the Licensor on his computer or personal device (the "Game Client", if provided by the Game functionality), whereas the set of other data and commands (including those non-activated) or all data and commands in case of absence of the client part of the Game are hosted by the Licensor on the servers operated by him and/or third parties.
1.2. Game Website is an online site located at https://ev.io and at its subdomain addresses that give Licensee access to the Licensor's resources, including use of the Game by the Licensee. The Licensor places mandatory information for Licensees through messages on Game Website, as well as in other ways that allow to notify Licensees of such information.
1.3. Game Resources (Resources) - all servers, any software and/or databases related to the Game, located, among other places, at the domain https://ev.io or via links distributed by the Licensor in the Game itself.
1.4. Licensor - Limited Liability Company "Enthusiast Gaming, Inc", which grants the Licensee the right to use the Game on the basis of a non-exclusive license and carries out making available to the public, distribution, operation, maintenance, administration of the Game. The Licensor is a Party to this Agreement.
1.5. Licensee is an individual who has the necessary legal capacity to enter into this Agreement and who, pursuant to this Agreement, is granted the right to use the Game in accordance with this Agreement. The Licensee is a Party to this Agreement.
1.6. Licensee’s Account (Account) is the Licensee’s account created at the time of registration in the Game, allowing the Licensor to account each Licensee and to provide the opportunity to log in (to access) the Game.
1.7. Transfer of the Rights to Use the Game means granting the rights to the Licensee by the Licensor to use the Game on the terms of a simple non-exclusive license in the manner specified in this Agreement.
1.8. Rights to non-activated data and commands are the rights acquired by Licensee for a fee, allowing the Game to increase the number of in-game items, including through the "Shop" function inside the Game or in other ways. The in-game items are in-game values, including in-game currency of the Game.
1.9. Remuneration is a fee to the Licensor for granting the Licensee rights to use non-activated data and commands within the limits established by this Agreement. The amount of Remuneration is determined by the Licensor and depends on the volume of non-activated data and commands, the right of use of which is granted to the Licensee.
1.10. The Client’s part of the Game is the software necessary for Licensee's participation in the Game, which is to be installed on the personal computer and/or the mobile device of the Licensee, or to be used for the participation of the Licensee in the Game. The Client’s part of the Game is installed by the Licensee independently on the personal computer and (or) the device by entering and registering on the Game website: https://ev.io. The Client’s part of the Game may be distributed by the Licensor and/or its authorized persons, both via the Internet and on tangible media. The Client’s part of the Game distributed on the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided by this Agreement.
1.11. License Agreement - the text of this Agreement between the Licensor and the Licensee, containing all the necessary and material terms of the License Agreement for granting the rights to use the Game as a computer program. Game Rules as well as other documents referred to in this Agreement should be considered as an annex to this Agreement and its integral part.
1.12. Game Rules (Rules) - The annex to the License Agreement, located on the Internet at: https://ev.io, regulating the rules of Licensee's use of the Game, limitations in the actions of the Licensee in relation to the Game. The Game Rules may be changed by the Licensor at any time without prior notice to Licensee. The Licensor notifies the Licensee about these changes by posting information on the Game Website. Licensee's continued use of the Game after the modification of the Game Rules is recognized by his consent to such changes.
The Game may include the ability for a Licensee to equip and use non-fungible tokens (“NFTs”) during gameplay. Achieving certain objectives while using NFTs may provide Licensee with the ability to earn off-blockchain in-game currency (“e”) which may be exchanged through an in-game interface for cryptocurrencies or other blockchain tokens as determined by the Licensor from time to time, including the Solana Blockchain. The manner and rate at which a Licensee may earn “e” or any other in-game currency is entirely at the discretion of the Licensor and can be changed by the Licensor without any prior notice to the Licensee. In addition, the rate at which “e” or any other in-game currency may be exchanged for Solana or any other blockchain token or cryptocurrency may be changed by the Licensor entirely at its own discretion without any prior notice to the Licensee. Furthermore, the Licensor has the absolute discretion to amend the entire framework for earning in-game currency, including whether or not it is exchangeable for any blockchain token or cryptocurrency.
2. Conditions of accession to this Agreement
2.1. Before using the Game, the Licensee is required to review the text of this Agreement as well as all the Rules applicable to the Game and other documents freely available in the Licensee's Account on the Internet at https://ev.io.
2.2. After reviewing this Agreement the Licensee joins (accepts) this Agreement by clicking the "Play" button or the like, which is within the meaning of Art.
2.3. The person that was authorized in the Game should be deemed to be the proper user of the Account, access to use and management of which was obtained as a result of the registration of the Account if there is no information confirming otherwise.
3. Subject of the Agreement
3.1. Under this Agreement and subject to Licensee's compliance with its respective terms, the Licensor grants the Licensee the right to use the Game as software (computer programs) and / or database under the terms of a simple non-exclusive license, within the limits determined by this Agreement.
3.2. The Licensee obtains the right to use activated and non-activated data and commands on the terms of this Agreement.
3.3. The Licensor's obligation to grant the rights to use non-activated data and commands is deemed to be performed by the Licensor at the time it reflects in-game values in the form of the in-game currency of the Game on the Licensee's Account in the Game. From this moment, the Licensee obtains the rights to use the volume of non-activated data and commands corresponding to the number of in-game values in the form of the Game's in-game currency on the terms of this Agreement.
3.4. The ratio of the volume of non-activated data and commands to the number of in-game valuesin the form of an in-game currency of the Game is determined by the Licensor. The ratio of the amount of reward to the number of in-game values in the form of in-game currency of the Game is determined by the Licensor.
3.5. Payment of the Remuneration is not a prerequisite for Licensee's participation in the Game and is carried out durante bene placito of the Licensee.
4. Limits of use of the Game
4.1. The Licensee may use the Game as follows:
4.1.1. to participate in the Game by creating an Account and Game’s character, to change the content of the Game during participation in the Game with the mandatory observance of the Game Rules;
4.1.2. to reproduce the Client’s part of the Game by installing it on a computer (both on a personal computer and/or on a mobile device) in order to participate in the Game;
4.1.3. to use the activated data and commands to achieve a certain Game outcome scenario;
4.1.4. to activate Non-activated data and commands after payment of the Remuneration to the Licensor and use them, including the option to achieve a result determined by the Game scenario more quickly or in some other way than by using the right specified in clause 4.1.3;
4.1.5. to make changes to the Game's personal settings provided by the Licensor;
4.1.6. This Agreement does not make a provision for the Licensee to provide reports on use of the Game.
4.2. The Licensee may not:
4.2.1. distribute the Client's part of the Game or its copies for commercial or non-commercial purposes either by distributing material carriers with it or by posting it on the Internet for downloading by certain persons or an unlimited number of persons;
4.2.2. translate the Game into other languages;
4.2.3. distribute any elements of the Game for commercial purposes, including graphic, audio, audiovisual representations of the Game;
4.2.4. distribute for commercial or non-commercial purposes, transfer to third parties the right to use non-activated data and commands granted to the Licensee for the Remuneration, game characters, game account and other objects not expressly permitted by the terms of this Agreement, and disseminate information on intentions to perform such actions;
4.2.5. transfer the Licensee's rights to use the Game, as defined in the article 1 of this Agreement, to other Licensees or to third parties through the conclusion of a sub-license agreement or otherwise;
4.2.6. use the Game in other ways not provided for in this Agreement, the Game Rules and other means that go beyond the normal gameplay process, including use of Game code errors and other gaps that arise during the use of the Game by the Licensee and contrary to the principles of the Game and this Agreement;
4.2.7. use the Game to carry out entrepreneurial and (or) other activities that bring material benefits to the Licensee, in particular, it is prohibited to place advertisements and (or) other advertisements related to business and (or) conduct other activities in the Game that bring material benefit to the Licensee;
4.2.8. use the Account of another user;
4.2.9. alienate and otherwise transfer the Account, acquire the Account of another user, including through exchange or gift;
4.2.10. use automated scripts to collect information or other kind of interaction with the Game;
4.2.11. use information of other users to send unsolicited information (spam);
4.2.12. make available objects of intellectual property in the Game without the consent of their rightsholders;
4.2.13. distribute personal information and personal data of third parties in the Game without their consent, including home addresses, telephones and passport details;
4.2.14. distribute commercial offers, propaganda and any other intrusive information in the Game, except as permitted by the Licensor;
4.2.15. distribute materials in the Game that offend or humiliate the honor and dignity of other users or third parties as well as distribute links to such materials;
4.2.16. distribute and otherwise use obscene, abusive and offensive words and phrases in the Game, including in the User's name (nickname);
4.2.17. host malicious programs or links to resources that contain or may contain such programs;
4.2.18. distribute materials of a pornographic or erotic nature in the Game as well as links to them;
4.2.19. issue threats in the Game as well as make calls for violence and other illegal actions;
4.2.20. distribute materials with elements of violence, cruelty, racial, interethnic or interreligious strife in the Game as well as links to such materials;
4.2.21. publicize and demonstrate in the Game a Nazi, extremist or other equated attribute, symbolism and other objects;
4.2.22. publicize in the Game criminal and other unlawful activities, as well as post manuals for the commission of unlawful acts;
4.2.23. disseminate any other information in the Game that, in the opinion of the Licensor, violates the law, morality and ethics or is undesirable;
4.2.24. commit criminal and other unlawful acts.
The Licensee's violation of the terms of this Agreement is the basis for termination of granting the Licensee the rights to use the Game, including non-activated data and commands.
5. Obligations of the Licensor
The Licensor assumes the following obligations:
5.1. arrange for the Licensee the possibility to use the right to use the Game on the terms and conditions set forth in this Agreement;
5.2. notify the Licensee by publishing information on the Game Website about the changes in the terms of this Agreement;
5.3. grant the Licensee the right to use activated data and commands via the Internet from the Game Website free of charge unless otherwise provided by this Agreement;
5.4. grant the Licensee the right to use the non-activated data and commands for the Remuneration.
6. Rights of the Licensor
The Licensor has the right to:
6.1. at any time, unilaterally restrict, expand, modify the contents of this License Agreement and (or) the Game as a computer program without prior notice to the Licensee;
6.2. suspend or modify the Game as a computer program, change the conditions for its licensing without prior notice to the Licensee;
6.3. at any time modify, delete any information placed by the Licensee on the Game Website and on other domain names owned and/or administered by the Licensor, including statements and advertisements of the Licensee;
6.4. at any time suspend, restrict and/or terminate this License Agreement unilaterally with respect to the Game as a computer program for any or all Licensees, including if the Licensee fails to comply with the terms of this Agreement or the Game Rules;
6.5. establish and store information about Licensee's IP addresses, use the files of technical information (cookies) placed on the personal computer of the Licensee in order to collect statistical information and identify the Licensee;
6.6. send information messages to the Licensee or technical information related to the Game;
6.7. during the game process make remarks to the Licensees, warn, notify, inform them of non-compliance with the licensing terms as well as with the Game Rules or other terms of this Agreement. Instructions of the Licensor that have been given during the game process are mandatory for execution by the Licensee;
6.8. at any time modify, supplement, edit the Game, any of its parts, including the Client’s part of the Game, without any prior notification to the Licensee;
6.9. take measures not prohibited by law for the protection of own intellectual rights in relation to the Game.
7. Limitation of Liability of the Licensor
7.1. Licensee uses the Licensor's Resources, the Game, including the Client’s part of the Game (if any) at its own risk. The Game and the rights to use it are granted “as is”.
7.2. The Licensor is not and shall not be liable for possible unlawful actions of the Licensee or third parties.
7.3. The Licensor shall not be liable for Licensee's loss of access to the Licensee's Account in the Game (loss of login, password, other information necessary for Licensee's participation in the Game).
7.4. The Licensor is not responsible for the lack of Internet access for the Licensee, for the quality of the services of the Internet communication providers with which the Licensee has concluded agreements for the provision of Internet access services.
7.5. The Licensor does not reimburse the Licensee for the costs associated with the payment of the Licensee's Remuneration, including in the event of the suspension or termination of this Agreement for any reason, unless otherwise expressly provided by applicable law.
7.6. The Licensor is not liable for incomplete, inaccurate, incorrect designation by the Licensee of its data when creating the Licensee's Account in the Game.
7.7. The Licensor shall not be liable for the loss of game values resulting from participation in the Game in the course of the game process by the Licensee.
7.8. The Licensor does not guarantee that:
7.8.1. the Game will meet the subjective requirements and expectations of the Licensee;
7.8.2. the game process on the Licensor's Resources, as well as the grant of the rights to use the Games will proceed continuously, quickly, without technical failures, reliably and without errors;
7.8.3. the results that can be obtained by using the Game will be free of mistakes;
7.8.4. The Game will be available and can be used around the clock, at a particular point in time or for any period of time.
7.9. The Licensor shall not be liable for the occurrence of direct or indirect damage to the Licensee or other third parties caused as a result of:
7.9.1. the use or inability to use the Licensor's Resources;
7.9.2. unauthorized access of any third parties to the Licensee's personal information, including the Licensee's Account or Licensee's personal account in the Game;
7.9.3. statement or behavior of any third party made on the Licensor's Resources.
7.10. In all circumstances, the Licensor's liability to Licensee is limited to 1 dollar, unless otherwise expressly provided by applicable law.
7.11. The Licensor is not obliged to provide the Licensee with any evidence, documents and other evidence that the Licensee violated the terms of the Agreement as a result of which the Agreement was suspended or terminated.
7.12. The Licensee understands, accepts and agrees that the Game may contain various sound and/or video effects that, in certain circumstances, may cause aggravation of ill conditions in persons prone to epileptic or other nervous disorders, and the Licensee guarantees that he/she does not suffer from these disorders and in case of these disorders the Licensee undertakes not to use the Game.
7.13. The Licensee accepts and agrees that regular long-term (continuous) use of personal computer or mobile device can cause various complications of the physical condition, including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. The Licensee guarantees that he/she will use the Game exclusively for a reasonable time, with breaks for rest or other measures for the prevention of physical condition if such are recommended or prescribed to the Licensee.
7.14. The Licensee accepts and agrees that the manner and rate at which a Licensee may earn “e” or any other in-game currency is entirely at the discretion of the Licensor and can be changed by the Licensor without any prior notice to the Licensee. In addition, the Licensee accepts and agrees that the rate at which “e” or any other in-game currency can be exchanged for Solana or any other blockchain token or cryptocurrency can be changed by the Licensor entirely at the Licensor’s own discretion without any prior notice to the Licensee. The Licensee also accepts and agrees that the Licensor has the absolute discretion to amend the entire framework for earning in-game currency, including whether or not it is exchangeable for any blockchain token or cryptocurrency. The Licensor shall not have any liability in the event it makes any changes to the in-game currency framework, including any of the changes highlighted above.
8. Obligations of the Licensee
8.1. The Licensee shall:
8.1.1. to abide by the terms of this Agreement, including the Rules of the Game, without any restrictions;
8.1.2. provide accurate information at the time of registration on the Games Website;
8.1.3. not exceed the limits of the use of the Game as set in this Agreement;
8.1.4. not violate in any other way the intellectual property rights of the Licensor in relation to the Game and/or any parts of the Game, in particular, the Licensee shall not copy, broadcast, send, publish, and otherwise distribute and reproduce materials (text, graphics, audio-video) contained in the Game without the written consent of the Licensor;
8.1.5. independently take appropriate measures to ensure the security of its Accounts in the Game and prevent unauthorized use by third parties of these Accounts;
8.1.6. confirm its data including the last name, first name, middle name, other data at the request of the Licensor in connection with the conclusion and implementation of this Agreement;
8.1.7. comply with other requirements and fulfill other obligations provided for by this Agreement and the Game Rules.
8.2. The Licensee warrants that it has all the necessary powers to enter into this Agreement. In the event that the Licensee has not reached the age of majority (18 years of age) or has become completely incompetent due to another circumstances stipulated by the current legislation, he must independently obtain the necessary permission in the form required by law from his parents or legal representatives.
8.3. The Licensee acknowledges that it is responsible for paying any taxes applicable to any currencies, token or cryptocurrencies or any revenue earned by the Licensee by playing the Game and that the Licensee has not received any tax advice from the Licensor whatsoever. Moreover, the Licensee acknowledges that it shall obtain its own tax advice pertaining to any currency or revenue received by the Licensee by playing the Game.
8.4. Other obligations of the Licensee are stipulated in the Game Rules, as well as in the Section 7 of this Agreement.
9. Rights to use non-activated data and commands
9.1. This section of the Agreement regulates the procedure and conditions for the Licensor to grant the Licensee the Right to use non-activated data and commands.
9.2. At the Licensee's option, the Licensor grants Licensee the Right to use non-activated data and commands.
The Right to use non-activated data and commands is granted to the Licensee on a reimbursable basis (for the Remuneration) under the conditions of a simple non-exclusive license.
The Licensee obtains the Right to use non-activated data and commands after the making the Remuneration stipulated by the Agreement, namely after the Licensor reflects the in-game valuesin the form of the in-game currency of the Game in the Licensee's Account in the Game.
The Right to use non-activated data and commands is granted to the Licensee for the term of this Agreement, if such right is not terminated earlier, including in connection with the implementation of the Game scenario.
The amount of the Remuneration may be changed by the Licensor unilaterally at any time without prior notice to Licensee. The Licensee is aware that during the use of the Game the Licensor has the right to refuse to use the Licensee's rights, including the right to use non-activated data and commands, for any reason, and this does not give the Licensee the right to require the Licensor to return the previously paid Remuneration, unless otherwise expressly provided by applicable law.
9.3. When registering the Licensee’s Account for the use of the Game, the Licensor automatically creates the Licensee's personal account which is linked directly to the Licensee's Account.
9.4. The procedure for replenishing a personal account, as well as the methods and conditions for making a Remuneration through payment systems, are published by the Licensor on the Games website: https://ev.io. The transfer of funds is carried out by the Licensee through supported payment systems to the Licensor's account. A list of available payment systems is available on the Game Website.
9.5. By paying the Remuneration the Licensee undertakes to follow the payment instructions for the order and methods of payment, including the rules for sending the messages and the numbers in short text messages (SMS), including the order of entering uppercase and lowercase letters, numbers and input language. The Licensor shall not be liable for the correct fulfillment of the payment terms by the Licensee. Regarding the rules and procedures for using payment systems for replenishment of a personal account, the Licensee should apply to legal entities holding such payment systems. The Licensor does not give the Licensee explanations on issues related to the rules and procedures for using such payment systems and also does not pay to the Licensee compensation for money paid as a license Remuneration for the Right to use non-activated data and commands through payment systems if such payments were made with violation of the rules established by payment systems as a result of which funds were not received by the Licensor.
9.6. Prior to receiving confirmation of the payment of the Remuneration, the Licensor shall not be entitled to grant Licensee the Right to use non-activated data and commands or to grant such right to a limited extent.
9.7. In the event of technical error, malfunctioning of the Game, deliberate action by the Licensee it was possible for the Licensee to use non-activated data and commands not in accordance with the procedure established by this Agreement, the Licensee undertakes to notify the Licensor and pay the Licensor the Remuneration or eliminate all consequences of the unlawful use of non-activated data and commands. The Licensor has the right to eliminate such consequences without notifying the Licensee.
9.8. The Licensee is obliged to keep the documents confirming the payment of the Remuneration during the entire period of use of the Game by the Licensee and, upon the request of the Licensor, provide such documents to the latter as well as provide information on the circumstances of the fulfillment of such payment by the Licensee.
9.9. The Licensee must independently monitor the status of his personal account.
9.10. The exclusive right to distribute and use the Game belongs to the Licensor, and therefore no third party offers for granting the right to use non-activated data and commands can be regarded by the Licensee as proposals originating from the Licensor.
The Licensee shall immediately notify the Licensor in the event of disputable, unclear situations or about sending to the Licensee any offers of third parties related to the payment of the Remuneration for the right to use non-activated data and commands, or the posting of such advertisements and proposals on the Internet, with the exception of the Licensor's Resources and placed on behalf of the Licensor.
In the event that the Licensee has paid for the said announcement using the details specified in such an announcement in violation of these terms, the Licensee's claims to the Licensor regarding the Licensee's lack of the Right to use non-activated data and commands are not accepted, and the Licensor does not compensate the Licensee for money spent by the Licensee under such circumstances.
9.11. In the event that the Licensor determines that the Licensee is able to use non-activated data and commands from third parties, the Licensor may, at its discretion, either suspend or restrict the operation of the Agreement.
9.12. The receipt by the Licensee of the Right to use non-activated data and commands does not release the Licensee from compliance with this Agreement and the Game Rules and from applying to her/him any measures specified in this Agreement or in the Game Rules.
9.13. The Licensor is not liable for possible unlawful actions of the Licensee during the payment of the Remuneration for the Right to use non-activated data and commands. Up to clarification of the circumstances the Licensor reserves the right to unilaterally withdraw the game license (terminate the right to use the Game) and (or) the Right to use non-activated data and commands if there is a suspicion that Licensee committed unlawful acts.
9.14. In the event that the Licensor has reason to believe that the Licensee commits unlawful acts related to the payment of the Remuneration for the Right to use non-activated data and commands, the Licensor has the right to forward relevant information to law enforcement agencies for verification of this fact.
9.15. Aspects of payment by the Licensee of the Remuneration for the Right to use non-activated data and commands via bank cards:
9.16. Operations on bank cards are made by the card holder or by the person authorized by him.
9.16.1. Authorization of transactions on bank cards is carried out by the bank. If the bank has reason to believe that the operation is illegal, the bank has the right to refuse to carry out this operation. Fraudulent transactions with bank cards are a criminal offense.
9.16.2. In order to avoid fraud when paying with bank cards, payments paid by a bank card can be checked by the Licensor. The Licensee that is holder of the card that issued such payment shall provide a copy of the documents required by the Licensor upon request from the Licensor to confirm the legitimate use of the bank card. In the event that the requested documents are not submitted by the Licensee within 14 days from the date of payment or if there are doubts about their authenticity, the Licensor may suspend the Licensee's rights to use the Game until the circumstances become clear.
9.17. The Licensee shall bear all costs associated with the transfer of funds to the Licensor independently and at its own expense, including various fees and commissions of banks and payment system operators.
9.18. The Licensee agrees, understands and accepts the fact that the Game is not a game of chance, a game for money, a contest, a bet. Acquisition of a license for the Right to use non-activated data and commands is the realization of Licensee’s own will and desire and is not necessary or mandatory for the use of Game in any way stipulated in this Agreement.
10. Territory and term of the Agreement
10.1. The Licensee has the right to use the Game in the ways described in this Agreement, throughout the territory of the whole world using standard computer tools and programs within the framework of the Game functionality.
10.2. This Agreement is valid from the moment of acceptance of its terms by the Licensee and is valid for 1 (one) calendar year.
10.3. The validity of this Agreement is automatically extended for each subsequent 1 (one) year if in case the earlier expiration of the specified term of the Agreement:
10.3.1. the Licensor does not decide to change the provisions of this Agreement, the need to conclude a new agreement with Licensees, terminate Game services and terminate access to it, terminate this Agreement with respect to the Licensee, or terminate access to the Game in relation to the Licensee.
10.3.2. the Licensee will not decide on termination of the use of the Game.
10.4. Unless otherwise expressly provided by applicable law, the Licensor may at any time, without notifying the Licensee and without giving reasons, terminate this Agreement unilaterally out of court with immediate termination of access and the ability to use the Game and without refunding any costs, damages or refunds received under the Agreement , including in the case of:
10.4.1. termination of the Game, i.e. termination of its operation by the Licensor;
10.4.2. any, including one-time, violation by the Licensee of the terms of this Agreement or the Game Rules.
10.5. The Licensor may at any time without notice to the Licensee and without explanation of reasons suspend or terminate this Agreement without refunding any costs, damages or refund received under the Agreement, including in the event of any violation of the terms of this Agreement by the Licensee or the Rules of the Game, unless otherwise expressly provided for by applicable law.
10.6. The Licensee may at any time, without notifying the Licensor and without giving reasons, terminate this Agreement unilaterally out of court by deleting the Licensee's Account.
10.7. The Licensee agrees and fully acknowledges that all exclusive rights to a localized (translated into appropriate language) Game, including game characters, game items and accessories, game coins, in-game values, graphics, photographs, animations, video images, video clips, sound recordings, audio effects, music, text content of the Game and other components of the Games belong to the Licensor, unless explicitly stated otherwise in the Agreement, on the Game Website or in the Game itself.
10.8. The Licensee may not use certain elements of the Game outside the Game without the Licensor's written consent.
10.9. The Licensee understands, accepts and agrees that any element of the Game, in particular any game characters, is a constituent part of the Game as a computer program and is protected by copyright. Although the Licensee is granted the right to use activated data and commands and the Right to use non-activated data and commands may be granted in the process of using the Game, the management of such game characters is allowed, including the development of such characters in the Game scenario, such management and character development is not and can not be regarded under any circumstances as a transfer and/or assignment of an exclusive right in relation to the given game character from the Licensor to the Licensee. Such character management and development is also not and can not be regarded as the authorship of the Licensee in relation to the game character and/or the co-authorship of the Licensee and the Licensor with respect to the game character.
10.10. This Agreement does not provide for the assignment (transfer, alienation) of any exclusive rights or the issuance of an exclusive license for any components of the Game and/or Game Resources from the Licensor to the Licensee as well as the assignment by Licensee of the rights to use the Game.
10.11. In the event that the Licensee is not allowed to use computer games online on the basis of the laws of his state or there are other legal restrictions, including age limits for admission to such software, Licensee may not use the Game. In this case, the Licensee is solely responsible for using the Game on the territory of its state in violation of local law.
10.12. This Agreement may be changed by the Licensor without any prior notification. Any changes to the Agreement made by the Licensor unilaterally come into force on the day following the day of publication of such changes on the Game Website. The Licensee undertakes to independently verify the Agreement for changes. Failure by the Licensee to familiarize herself/himself with the Agreement and/or the amended version of the Agreement shall not serve as a basis for the Licensee's failure to fulfill its obligations and the Licensee's failure to comply with the restrictions set forth in the Agreement.
10.13. The invalidity of one or more provisions of the Agreement, recognized in due course by a court decision that has entered into force, does not entail invalidity of the Agreement as a whole for the Parties. If one or several provisions of the Agreement are recognized invalid in the established procedure, the Parties undertake to fulfill the obligations undertaken by the Agreement as close as possible to the manner the Parties has implied when concluding and/or coordinating the amendment of the Agreement.
10.14. For questions related to the implementation of the Agreement, please contact the Licensor: Enthusiast Gaming Holdings Inc. 90 Eglinton Avenue East Suite 805 Toronto, ON M4P 2Y3
Email: [email protected]