BY CLICKING ON THE "YES" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON.
VOG SOFTWARE END USER LICENSE AGREEMENT
This Agreement has 3 parts. Part I applies if you have a free of charge license to use VOG software (the "Software"). Part II applies if you have purchased a license to use the Software. Part III applies to all license grants. For purposes of this Agreement, "VINCO" shall be defined as VINCO+ Ltd.
PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION USE)
LICENSE GRANT
VINCO grants you (an entity or a person) a non-exclusive license to use the Software free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use is limited to thirty (30) days. You may use the Software in the manner described in Part III below under "SCOPE OF LICENSE GRANT", "USE OF THE SOFTWARE" and "CODE OF CONDUCT".
DISCLAIMER OF WARRANTY
Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not VINCO assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Software without payment of license fees to VINCO is authorized hereunder except under this Disclaimer.
PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
LICENSE GRANT
Subject to payment of applicable license fees, VINCO grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "SCOPE OF LICENSE GRANT", "USE OF THE SOFTWARE" and "CODE OF CONDUCT".
LIMITED WARRANTY
VINCO warrants that for a period of one (1) year from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. VINCO does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. VINCO also warrants that the media containing the Software, if provided by VINCO, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. VINCO's sole liability for any breach of this warranty shall be, in VINCO's sole discretion: (i) to replace your defective media or Software; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of delivery to you of the repaired or replaced Software, or (b) VINCO advised you how to operate the Software so as to achieve substantially the same functionality described in the Documentation.
Only if you inform VINCO of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will VINCO be obligated to honor this warranty. VINCO will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. Moreover, this warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY VINCO. VINCO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF VINCO IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT
You may:
* use the Software on any single computer;
* use the Software on a second computer so long as only one (1) copy is used at a time;
* use the Software on a network, provided that a licensed copy of the Software has been acquired for each person permitted to access the Software through the network;
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
You may not:
* permit other individuals to use the Software except under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the Software.
USE OF THE SOFTWARE
The Software gives you access to the VOG Server an Internet-based online service provided by VINCO. While using the Software, you may engage in gameplay, conferences and chats.
When registering nickname(s) for use in the Software you agree to provide VINCO with a valid e-mail address, of which you are the owner or primary user. You are entirely responsible for maintaining the confidentiality of your password(s).
You agree to be contacted by VINCO via email for purposes of announcing new releases, general game announcements, bug fixes, and other technical and business information.
CODE OF CONDUCT
You agree to comply with the following code of conduct:
1. Disruptive behavior during game play, such as harassing opponents, revealing moves to a player while kibitzing a game in progress, and failure to complete expeditiously a numerous amount of postponed games may lead to termination of this agreement and banning access to VOG Server.
2. Profanity, sexually explicit language, discussion of adult nature, and any racial, ethnic, religious or sexual slurs are strictly prohibited.
3. Personal attacks, fighting, online stalking, rude, violent or crude behavior is not allowed.
4. Please do not flood chats (impede conversations by using repeated blocks of text) or yell at other members by using excessive capital letters.
5. No form of cheating will be tolerated, and will lead to termination of this agreement and banning access to VOG Server. Cheating includes but is not limited to the following: using computer programs to play the game without notifying your opponent of such program before game play begins, using computer programs to play against computer opponent bots housed on VOG, repeating a sequence of winning moves against a non self-learning computer opponent bot to increase your rating.
You agree that sysops (indicated by the symbol of a target preceding their names) has final decision in the resolution of online disputes or problems. You understand that sysop has the ability to kick you or ban you from accessing VOG Server for non compliance with this code of conduct.
You accept that failure to comply with this code of conduct can result in banning access to VOG Server; serious breach of this code can result in total barring from VOG Server with forfeiture of fees, if you payed any.
PLUG-INS
User notes and understands that plug-ins are not the property of VINCO, but of their respective authors. VINCO provides no warranty, implied or explicit for damages resulting from the usage of plug-ins. User shall indemnify and hold VINCO harmless from and against any and all liabilities, losses, damages, costs and expenses associated with any claims, action or proceeding brought against VINCO that may arise from damages resulting from the usage of plug-ins. Users opt to take advantage of said plug-ins entirely at their own risk.
TITLE
Title, ownership rights, and intellectual property rights in the Software shall remain in VINCO. The Software is protected by copyright and other intellectual property laws and by international treaties.
TERMINATION
This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VINCO OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VINCO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF VINCO SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM VINCO'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
SERVICE CONTACT
Contact othello@vog.vinco.ru with questions or problems with this the Software or VOG Server.
MODIFICATIONS OF THESE TERMS AND CONDITIONS
VINCO reserves the right to change this agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. Continued use of the Software and VOG Server following any such changes shall constitute the user's acceptance of such changes.
GENERAL
This agreement is governed by the laws of Russian Federation. User consents to the exclusive jurisdiction and venue of courts in Moscow, Russian Federation in all disputes arising out of or relating to the use of the Software. Use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and VINCO as a result of this agreement or use of the Software. You agree not to hold yourself out as a representative, agent, or employee of VINCO and VINCO shall not be liable for any representation, act or omission by you.
VINCO's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of VINCO's right to comply with law enforcement requests or requirements relating to your use of the Software.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This agreement constitutes the entire agreement between you and VINCO with respect to the Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VINCO with respect to the Software. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
