This License Agreement is a legal agreement between you, an individual with full legal capacity, which is the end-user of the software, stipulated below (hereinafter — the «User») and the Fun Factory LLC (hereinafter referred to as the «Company» or «we» or «Gamexp.com») regarding the use of computer software online products of Gamexp.com (the «Software»).
Acceptance of the terms and conditions of this End User License Agreement (hereinafter referred to as the «License Agreement») is obligatory for your use of any online product of Gamexp.com. Please read the terms and conditions of the License Agreement carefully before installing the software on your personal computer. If you disagree with the terms and conditions of this Agreement or cannot use the software according to the terms and conditions of this Agreement, please abort the software installation and/or immediately delete the software from your personal computer.
Downloading, installation of the Software (as described below) on a personal computer and/or use of the Software shall mean your full consent to the terms and conditions of this License Agreement. Use of the Software in violation of this License Agreement is subject to prosecution.
Gamexp.com — Game Application Center is a web-based platform, which contains information on some computer games, where you can download/use the Company’s games for free.
If the User is under 18 years old (or other age of majority according to the laws of his/her country) or for other reasons he/she does not have full legal capacity, he/she must obtain the consent of one of his/her lawful representatives. Any use of the Software shall mean that its User, who does not have full legal capacity, has received such consent at the time of acceptance of this EULA.
The Company has all necessary rights to enter into this agreement. Any use of the software shall be subject to the agreement of the Company. The User may not change or delete copyright notices and/or any trademarks contained in the Software.
Installation and/or use of the Software are indicative of the User’s full and unconditional consent to the terms and conditions of this License Agreement. The User must read the terms and conditions of this License Agreement and accept them prior to installation of the Software on a personal computer. Installation of the Software without signaling acceptance of the terms and conditions of the License Agreement is functionally impossible.
From the moment of acceptance of this Agreement the User receives free of charge under the conditions of a non-exclusive license the right to install the Software (install and record the Software into the memory of a personal computer) and use the Software as intended. Company does not provide any rights to the User for Software use, except for the rights expressly stated in this License Agreement.
Subject to the exceptions set forth below, of this License Agreement, the user is prohibited from:
- distributing, renting, leasing the Software or its copies for payment among any third parties;
- altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages or in any way changing the Software or any of its components;
- creating derivative works based upon the software;
- using the software for any other purpose that is not expressly stipulated in this Agreement.
The Software is intended solely for the User’s private non-commercial use. All rights not expressly granted herein are reserved.
Automatic Software Update
In order to improve the software, the Company reserves the right to introduce automatic updates and modifications to the Software, as long as the user of a personal computer connected to the Internet, without the User needing to install these updates and modifications manually. In order to ensure the efficiency of the mentioned updates and modifications that allow further use of the program, the User agrees to the introduction of such updates and modifications.
This License Agreement covers any automatic updates (additions, modifications) of the software made by the Company through the Internet. All updates are an integral part of the software and the rules of this Agreement and shall apply to such changes.
Users’ authorization. Use of data
The User must be authorized to use the software, using the account provided by the Software interface. All actions performed via the User’s account are deemed to be performed by the User. User is obliged to ensure the security of their account and privacy of their authorization data.
The User hereby agrees that the Company may collect, store for an indefinite term and otherwise process anonymous information on use by the User of the Software, information on hardware and software installed on the User’s personal computer, and any other anonymous technical and statistical information, which the Company needs in order to identify and eliminate problems with operation of the Software, to improve the Software, and for marketing purposes. Thereby, the User hereby agrees that the Company has the right to collect data about the CPU, RAM, operating system, video card, sound card and any other anonymous technical and statistical information from User.
Third Party Software
The company only provides the information regarding to software and resources of the third-parties by placing links to them and is not responsible for the content of third-party resources, the quality of software products at these resources and the conditions, procedures and results of use/download/purchase/payment of the software on the specified resources.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW FUN FACTORY LLC EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SOFTWARE SHALL BE PROVIDED «AS IS» WITHOUT FURTHER WARRANTIES OF ANY NATURE. THE USER SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SOFTWARE. FUN FACTORY LLC DOES NOT GUARANTEE THAT THE SOFTWARE MEETS THE USER’S REQUIREMENTS AND THAT SOFTWARE OPERATION WILL BE UNFAILING AND ERROR-FREE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER THE FUN FACTORY LLC NOR ITS LICENSORS, PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO IT, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USER’S OPERATION OF THE SOFTWARE AND OF OTHER MATERIALS PROVIDED TO THE USER BY THE FUN FACTORY LLC.
FUN FACTORY LLC SHALL NOT BEAR LIABILITY FOR INABILITY TO INSTALL OR LAUNCH THE SOFTWARE ON THE USER’S PERSONAL COMPUTER AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE SOFTWARE OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SOFTWARE. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. FUN FACTORY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S COMPUTER.
Applicable law. Jurisdiction
This License shall be governed by the laws of the country of residence of the Company. All disputes arising in connection with this agreement should be resolved by the Parties without recourse to a court and, in case the Parties fail to come to agreement without recourse to a court, disputes shall be resolved by a court of relevant jurisdiction at the Company’s location.
This License Agreement remains valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. The User may terminate this Agreement at any time by deleting the Software from their personal computer. The Company may terminate this agreement by notifying the User of termination via any available means; in this case the User is obliged to immediately delete the Software from their personal computer.
The Company may modify functions and informational contents of the Software at any time at its own discretion without additional notice to the User.
The company may at its own discretion at any time assign and/or delegate its rights and obligations under this License Agreement or any part of them to any third party without notice to the User. The Rights of each User are personal and are not subject to assignment.
If any provision of this License Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
The Company reserves the right to revise the terms of the License by updating the License Agreement on the website located at legal.gamexp.com, or by notifying the Users by email. The revised Agreement comes into force on the date on which it is published. Users are advised to check the website periodically for notices concerning such revisions. Your continued use of the Software shall be deemed to constitute acceptance of any revised terms.
On all issues related to this Agreement, please use the e-mail address firstname.lastname@example.org.
Fun Factory LLC, 121357, Russia, Moscow, Vereyskaya str., 29 build. 134