NOTICE TO USER:
THIS IS A CONTRACT. THIS END USER LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE. Your use of the Product (as this term defined below) and services provided herein is subject to the privacy statement (“Privacy Policy”) http://online.gaijinent.com/privacy.php and Gaijin’s Terms of Use www.gaijinent.com/terms.
This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), (the “Licensee”), and Gaijin Entertainment Corporation (the “Gaijin”), regarding the online game titled War Thunder™, Star Conflict, or any other online games operating by Gaijin Entertainment LLP or it’s operating partners and available on this Site (the “Game”) and the related software that you about to download, downloaded, or otherwise obtained through Gaijin’s services or through a network in object code form including without limitation (a) all of the contents of the files or other media in connection with which this Agreement is provided by Licensor to you (the “Software”), (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Gaijin (collectively, the “Updates”), and (c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Gaijin, or through any other source. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf.
For the purposes of this Agreement, “Gaijin Site” shall mean the site maintained by or on behalf of Gaijin in connection with the Game, related Service as described in the Terms of Use (http://online.gaijinent.com/terms.php) and the Product. The Gaijin Site is currently located at http://online.gaijinent.com/, warthunder.com, starconflictgame.com, warthunder.ru, starconflict.ru, online.gaijin.ru
By installing the Product (client), and/or completing the related registration and accessing the Game, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operating”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Gaijin is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.
BEFORE YOU CLICK ON THE “I AGREE” BUTTON CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR CLICK OF THE “I AGREE” BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your computer unless or until you accept the terms of this Agreement. You may also receive a copy of this Agreement by contacting the Gaijin at: legals@gaijinent.com.
1. Proprietary Rights and Non-Disclosure.
1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of the Gaijin or its suppliers and/or licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. The Gaijin and/or its suppliers own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements or other modifications to the Software, whether made by the Gaijin or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Gaijin reserves all rights not expressly granted to you in this Agreement.
1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the Gaijin or its suppliers and/or licensors and constitutes trade secrets of the Gaijin or its suppliers and/or licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way.
1.3. Confidential Information. You agree that, unless otherwise specifically provided herein the Product, including the specific design and structure of individual programs and the Product, constitute confidential proprietary information of the Gaijin or its suppliers and/or licensors. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party. You agree to implement reasonable security measures to protect such confidential information provided however, that you may make and distribute unlimited copies of the Product in object code only as long as each copy that you make and distribute contains this Agreement subject to end user’s acceptance before the first use, and the same copyright and other proprietary notices pertaining to the Product that appear in the Product. If you downloaded the Software from the Internet or similar on-line source, you must include the copyright notices resident on the Software with any on-line distribution and on any media you distribute that includes the Software.
1.4. No Modification. You agree not to modify or alter the Product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Product.
1.5. Prohibited Uses. You agree that you will not:
a). Engage in any act that Gaijin deems in its reasonable discretion to be in conflict with the spirit or intended use of the products and related service, including but not limited to circumventing or manipulating this Agreement, game rules, game mechanics or policies;
b). Make improper Use of Gaijin’s Product;
c). Use the Product, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d). Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Product or any Gaijin game experience;
e). Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Product, Game and related Services, Gaijin Site or any Gaijin game environment (each a “Server”); or (2) the enjoyment of the Product by any other person;
f). Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Product or game environment, or other attempts to disrupt the related service; or
g). Use the Product to post any materials or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, including, without limitation, symbols of Nazism such as swastika or any other insignia associated with Nazi party or any other promotion of Nazi ideology;
h). Use the Product to post any information that contains third party personal information (address, phone number etc.) without such third party consent, or nudity, excessive violence, or offensive subject matter or that contains a link to such content;
i). Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Gaijin employee;
j). Use the Product or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring virtual items for sale;
k). Use the Product o
NOTICE TO USER:
THIS IS A CONTRACT. THIS END USER LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE. Your use of the Product (as this term defined below) and services provided herein is subject to the privacy statement (“Privacy Policy”) http://online.gaijinent.com/privacy.php and Gaijin’s Terms of Use www.gaijinent.com/terms.
This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), (the “Licensee”), and Gaijin Entertainment Corporation (the “Gaijin”), regarding the online game titled War Thunder™, Star Conflict, or any other online games operating by Gaijin Entertainment LLP or it’s operating partners and available on this Site (the “Game”) and the related software that you about to download, downloaded, or otherwise obtained through Gaijin’s services or through a network in object code form including without limitation (a) all of the contents of the files or other media in connection with which this Agreement is provided by Licensor to you (the “Software”), (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Gaijin (collectively, the “Updates”), and (c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Gaijin, or through any other source. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf.
For the purposes of this Agreement, “Gaijin Site” shall mean the site maintained by or on behalf of Gaijin in connection with the Game, related Service as described in the Terms of Use (http://online.gaijinent.com/terms.php) and the Product. The Gaijin Site is currently located at http://online.gaijinent.com/, warthunder.com, starconflictgame.com, warthunder.ru, starconflict.ru, online.gaijin.ru
By installing the Product (client), and/or completing the related registration and accessing the Game, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operating”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Gaijin is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.
BEFORE YOU CLICK ON THE “I AGREE” BUTTON CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR CLICK OF THE “I AGREE” BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your computer unless or until you accept the terms of this Agreement. You may also receive a copy of this Agreement by contacting the Gaijin at: legals@gaijinent.com.
1. Proprietary Rights and Non-Disclosure.
1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of the Gaijin or its suppliers and/or licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. The Gaijin and/or its suppliers own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements or other modifications to the Software, whether made by the Gaijin or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Gaijin reserves all rights not expressly granted to you in this Agreement.
1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the Gaijin or its suppliers and/or licensors and constitutes trade secrets of the Gaijin or its suppliers and/or licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way.
1.3. Confidential Information. You agree that, unless otherwise specifically provided herein the Product, including the specific design and structure of individual programs and the Product, constitute confidential proprietary information of the Gaijin or its suppliers and/or licensors. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party. You agree to implement reasonable security measures to protect such confidential information provided however, that you may make and distribute unlimited copies of the Product in object code only as long as each copy that you make and distribute contains this Agreement subject to end user’s acceptance before the first use, and the same copyright and other proprietary notices pertaining to the Product that appear in the Product. If you downloaded the Software from the Internet or similar on-line source, you must include the copyright notices resident on the Software with any on-line distribution and on any media you distribute that includes the Software.
1.4. No Modification. You agree not to modify or alter the Product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Product.
1.5. Prohibited Uses. You agree that you will not:
a). Engage in any act that Gaijin deems in its reasonable discretion to be in conflict with the spirit or intended use of the products and related service, including but not limited to circumventing or manipulating this Agreement, game rules, game mechanics or policies;
b). Make improper Use of Gaijin’s Product;
c). Use the Product, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d). Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Product or any Gaijin game experience;
e). Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Product, Game and related Services, Gaijin Site or any Gaijin game environment (each a “Server”); or (2) the enjoyment of the Product by any other person;
f). Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Product or game environment, or other attempts to disrupt the related service; or
g). Use the Product to post any materials or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, including, without limitation, symbols of Nazism such as swastika or any other insignia associated with Nazi party or any other promotion of Nazi ideology;
h). Use the Product to post any information that contains third party personal information (address, phone number etc.) without such third party consent, or nudity, excessive violence, or offensive subject matter or that contains a link to such content;
i). Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Gaijin employee;
j). Use the Product or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring virtual items for sale;
k). Use the Product o
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