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End User License Agreement

END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY THE FOLLOWING LEGALLY BINDING AGREEMENT BETWEEN [LICENSEE], AND YOU BEFORE YOU USE THE SOFTWARE. BY CLICKING THE “I AGREE” BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” BUTTON AND DO NOT USE THE SOFTWARE. BY CLICKING THE “I AGREE” BUTTON YOU ARE STATING THAT YOU ARE OF LEGAL AGE AS DETERMINED BY THE LAW OF THE COUNTRY WHERE YOU LIVE.

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE ACTING ON YOUR OWN BEHALF AND YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATION IN ORDER TO ENTER INTO CONTRACTS. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.

PLEASE READ THE AGREEMENT CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL ATTORNEY IN YOUR JURISDICTION.

1. DEFINITIONS
The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise.

Game
the game referred to as Conquiztador.

IP Rights
any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.

Object Code
any compiled, assembled, or machine executable version of the Software, or any part thereof

Software
the software, including any program or data file or any other content derived therefrom, that is required to be downloaded, accessed or otherwise utilized by you to enable to participate in the Game;

Update
any enhancements, modifications, additions, translations, compilations or updates to the Software

You
the user of the Software downloaded from the Website.

Us/We/Ours
ClearGames Limited, a company incorporated under the laws of the British Virgin Islands, whose registered office is at Sea Meadow House, Blackburne Highway, (P.O.Box 116), Road
Town, Tortola, British Virgin Islands.

Website the website through which you are accessing the Game.

2. LEGAL REQUIREMENTS
2.1. You can only use the Game, Software and/or the Website if you are the legal age as determined by the law of the country where you live.

2.2. You cannot use the Game, Software and/or the Website if you are under 18 years of age in any circumstances.

2.3. You are aware that there may be legal issues with playing the Game in Your legal jurisdictions. We are not providing any representation or warranty concerning the use of the Software and/or the Game and You must research whether such use is allowed in Your legal jurisdiction and make a decision whether to use it accordingly. You accept sole responsibility for determining whether your use of the Game and/or Software is legal in the country where you live.

3. LICENCE TO USE SOFTWARE
3.1. We hereby grant to you a limited, personal, non-exclusive, non-transferrable right to use the Software solely on Your personal computer, in Object Code form only, for playing the Game, in accordance with the following provisions.

3.2. You are not permitted to:

3.2.1. install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of “bulletin board”, online service or remote dial-in, or network to any other person;

3.2.2. sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your licence to use the Software;

3.2.3. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;

3.2.4. copy or translate any user documentation provided 'online' or in electronic format;

3.2.5. reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software; or

3.2.6. use the Software for any commercial use or on behalf of another person.

3.2.7. enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Game, Software or the Website or attempt to make any changes to the Software and/or any features or components thereof; or

3.2.8. make any use of the Game or content of the Game other than for playing the Game on the Website at such time.

4. IP RIGHTS
4.1. You hereby acknowledge and agree that any and all IP Rights to or arising from the Software and the Game (including the content of the Game) are and shall remain the exclusive property of the third party from which We have licensed such Software (the "Software Provider") and that the Software, including such third party software or technology incorporated therein, falls under the scope of this Agreement. You will not take any action to jeopardize, limit or interfere with the Software Provider's IP Rights. The Software and accompanying documentation which have been licensed to us are protected throughout the world by copyright law. Therefore you must treat the Software product like any other copyrighted material. You have no ownership rights in the Software. Rather, You have a license to use the Software solely as set in clause 3.1 hereof. You hereby irrevocably assign to Software Provider, all right, title, and interest you may have or may acquire in and to all Software's rights, including, without limitation, patent, copyright, trademark, trade secret or know how and hereby undertakes to sign and deliver to Software Provider any such document it shall consider desirable to evidence or effect the assignment of all of the aforesaid rights to it.

5. EXCLUSION OF WARRANTIES
EACH OF THE SOFTWARE, GAME AND CONTENT OF THE GAME IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE, OUR SOFTWARE PROVIDER AND ITS LICENSORS HEREBY EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE, OUR SOFTWARE PROVIDER AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE, GAME OR CONTENT OF THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE OR THAT YOUR USE OF THE SOFTWARE WITH ANY OTHER SOFTWARE, OR WITH INAPPROPRIATE HARDWARE, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE, OR THAT THE CONTENT IS CORRECT OR THAT IT WILL NOT BE UNLAWFUL, OBSCENE, TORTUOUS, HARMFUL, EMBARRASSING, DISTRESSING, HARASSING, DEFAMATORY OR HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, DECEPTIVE, THREATENING, ABUSIVE, INCITING OF UNLAWFUL ACTION, DEFAMATORY, LIBELOUS, VULGAR OR VIOLENT OR OTHERWISE OBJECTIONABLE (COLLECTIVELY REFERRED TO AS “OBSCENE CONTENT”).

6. LIMITATION OF LIABILITY
6.1. You hereby acknowledge that you are free to choose whether to use the Game and Software and you do it at your own risk and, IN ADDITION TO WORDING LIMITING OUR LIABILITY SET ELSEWHERE IN THIS AGREEMENT, IN NO EVENT SHALL WE NOR OUR SERVICE PROVIDER NOR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, INCLUDING WITHOUT LIMITATION IN THE EVENT THE CONTENT OF THE GAME IS OBSCENE CONTENT.

7. CONFIDENTIALITY
7.1. The Software may include confidential information which is secret and valuable to the Software Provider and/or to us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement and agree to take all reasonable steps at all times to protect and keep strictly confidential.

8. SECURITY
8.1. You may not use the Game, content of the Game or Software for any commercial use or on behalf of another person. Any use of the Game, content of the Game and Software by you is for your own private purposes only.
8.2. You shall be responsible for all use of the Game, content of the Game or Software made by your Player Account, regardless of how your account is accessed by others.

9. YOUR RESPONSIBILITIES
9.1. You shall not transfer in any way whatsoever your rights under this agreement without our prior written consent.

9.2. You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Game. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access the Game.

9.3. You will not commit any act or display any conduct that damages our reputation or our Software Provider or any other related service providers.

9.4. You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers, including the Software Provider and its officers, directors, employees, agents, contractors and suppliers, harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the Game and Software.

9.5. We reserve the right to change this agreement from time to time as set out below. It is your responsibility to check from time to time and see whether there is a notification of change in accordance with Section 10 below.

10. CHANGES TO THIS AGREEMENT
10.1. We may, at our sole discretion, make changes to this agreement at any time.

10.2. The changes will take effect from the date specified when they occur. It is important, therefore, that you log in to the Website from time to time and check to see whether there is a notification of change. You are solely responsible for reading the changes.

10.3. If you continue to play the Game or use the Software after we have updated the changes (regardless to the way we have notified of such changes), you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not continue to use the Software or play the Game any further.

11. RESERVATION OF RIGHTS
11.1. We reserve, at our sole discretion, the right to terminate this Agreement and the license granted hereunder at any time without any prior notice.

11.2. We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

12. TERM
12.1. This agreement is effective from the moment of acceptance by clicking on the “I agree” button, and shall remain in force indefinitely unless terminated in accordance with the above. For the avoidance of doubt it is agreed that you are bound by this Agreement if you use the Software in any way.

13. GOVERNING LAW
13.1. The construction, validity and performance of this agreement will be governed by the laws of the USA. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.

13.2. The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.

14. NOTICES
14.1. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than two business days after posting or dissemination, whether or not you have received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format.

14.2. Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to info@conquiztador.com .