The License Agreement is an offer from the SPIRE CRAFT GAMES - FZCO (hereinafter referred to the "Rightholder") to enter into the agreement upon the terms and conditions stated below.
This Agreement is between User and Rightholder only and not with any of the App Stores. Therefore, Rightholder is solely responsible for the Mobile application and its content.
Please read the terms and conditions of this License Agreement before using the Mobile application. Using the Mobile application on other conditions is not allowed.
1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:
а) License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Mobile application or during the start of its using.
b) User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
c) Mobile application / Game means the application software “War Legends” intended for installation and use on the Device.
d) Basic Game version means the Mobile application with limited functionality.
e) Extended Game version means the Mobile application which includes software application, software extension, data and commands (including in-game virtual currency and virtual items) extending its functionality after installation is completed and/or activation process in Device is done.
f) Device means any mobile phone, communicator, smartphone, tablet, or other device which allows to use the Mobile applications according to its functional purpose.
g) Account means personal part of the Mobile application available for the User after registration and/or authorization process is completed. The account is intended to store the User’s personal data, view and management of the Game’s available options.
h) Content means any symbols and information materials including text, graphic, audio, video and other materials which are available in the Game.
i) Auto-renewable Subscription (Subscription) means such conditions of payments by accepting of which User accepts and agrees that according to the User’s opted subscription plan the license to Extended version will be automatically renewed upon its expiration and respective license fee will be automatically paid (debited) for unspecified period of time until User withdraw such consent (cancel Subscription).
j) App Store mean Google Play, Apple AppStore, App Gallery and other similar services and platforms for distribution of software, including gaming software.
1.2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
1.3. In case applicable law and/or the Rightholder’s agreements with the App Stores stipulates different mandatory rules that cannot be altered by this Agreement or that this Agreement has to comply with, the relationships of the Parties shall be governed by such mandatory rules and this Agreement shall be applies to the extent it complies with such rules.
2.1. Once this Agreement is concluded the Rightholder entitles the User to use the related version of the Mobile application on the terms of a non-exclusive license worldwide during the set term.
2.2. The User may only use the Mobile application on a Device that he/she own or control and as permitted by the App Store's terms and conditions.
2.3. To conclude this Agreement in regards to the Basic version the User is supposed to perform the complex of the actions stated below:
The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
2.4.The User has the right to use the Basic Game version due to the terms and conditions hereof in the following ways:
2.4.1. Basic Game version reproduction (record) on the Device;
2.4.2. Basic Game version launch and using due to its functional purpose.
2.5. The User will be granted with the Extended Game version license since the payment date of the license fee according to the Rightholder’s tariffs or subscription plans; Such license will create a separate license agreement on terms hereof.
2.6. Under Extended Game version license the Rightholder entitles the registered User:
2.6.1. to fulfill launch, installation and running of program applications and software extension to the Basic Game version or activation of additional commands and codes to update the Basic Game version to the Extended Game version;
2.6.2. to use additional functionality of the Extended Game version according to their description.
2.7. Any rights and ways of use of the Mobile Application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
2.8. The period of the Basic Game version license validity is not limited.
2.9. The period of the Extended Game version license should be determined according to the license fee amount paid by the User upon the Rightholder’s tariffs or subscription plan set on the payment date.
2.10. Once the Extended Game version license is over the Agreement could be renewed for the new period upon the terms regards to the actual version of the Agreement on the license fee re-payment date. The quantity of extensions of the Extended Game version license period under the Agreement is not limited.
2.11. Extended version licenses with limited terms are granted under the Auto-renewable subscriptions. User has the right to cancel the Auto-renewable subscription at any time.
3.1. The use of Mobile application shall be conditioned upon User’s compliance to the Chat Rules, and the information mentioned in the FAQ section (link, it is currently being filled up).
3.2. The User is not allowed thereof independently or employing any third parties to do the following:
3.2.1. In any manner copy (reproduce) application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of their owner.
3.2.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.
3.2.3. Create software and/or services using the Mobile application without prior permission of the Rightholder.
3.2.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application.
3.3. The Rightholder has the right to set the limits in regard to the volume and the scope of the information materials posted by the User as well as set other technical restrictions of using the Mobile application including amendments to the Rules of the Game; the Rightholder will inform the User about abovementioned limitations from time to time in the manner by the Rightholder’s choice.
3.4. The list if the information services and related functionality which are available in the Mobile application, including the services rendered exclusively under the Extended version, is a subject the Rightholder’s discretion and may be changed from time to time.
3.5. By adding (posting) Content to the Mobile application the User provides Licensor and the Rightholder with a free (non-exclusive) license for using the Content in the following ways:
The aforementioned simple (non-exclusive) license for the use of Content is provided at the same time as the Content is posted to the Mobile application for the entire duration of the copyright and/or related rights to materials that constitute such Content for use on the territory of all countries of the world.
The User guarantees the right to use the Content under the terms and conditions of the aforementioned license to the extend required.
3.6. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
4.1. The Mobile application is provided "as is", and in this connection the User shall be granted no further warranties that: it will conform with the requirements of the User; it will work continuously, quickly, reliably and without errors; the results which can be obtained by its use will be accurate and reliable; all the errors will be corrected.
4.2. Rightholder has no obligation under this Agreement to provide any maintenance or support with respect to the Mobile application. To the extent that any maintenance or support is required by applicable law, the Rightholder, not the App Store, shall be obligated to furnish any such maintenance or support.
4.3. Since functional capabilities of the Mobile application are constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application (or any its separate parts) in favor of the Users and also has the right to alter or withdraw the License without prior notice. Rightholder has the right at his own discretion to administer, regulate, control, modify and/or delete virtual currency and/or virtual items without any compensation.
4.4. The User is responsible for any violation of this Agreement including the Rules of the Game and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer). In case of such violation Rightholder has the right to ban or delete User’s Account or otherwise limit the use of Mobile application by the User without any compensation.
4.5. The Rightholder has no connection with the Content posted by the Users in the Game as well as he does not check the content, authenticity and safety of the Content or its components and also its accordance to applicable law and that the Users have all necessary rights to distribute and/or use such Content.
The person who has created or has posted such Content in the Game is liable for its content and its compliance with the applicable law.
In particular, when using the Mobile application, the User is not entitled to:
4.6. In case you realize your rights and/or interests are infringed including that the other User has posted inappropriate Content you need to inform the Rightholder. For this purpose you need to provide the Rightholder with the written notice with your title for the Content, detailed description of the violation conditions and other information which allows to identify the Content which usage violates your rights and/or interests.
4.7. In case of receipt any third parties claims in regards to the User violates any third parties property rights and/or moral rights as well as the restrictions and limits set by the law the User under the Rightholder’s request has to go through an official identification by providing the notarized letter of obligation to solve the claims by his or her own expense with passport data stipulated on.
4.8. Due to statutory liability for posting and providing an access to illegal content the Rightholder has the right to remove any Content or limit the right to access by his own until the receipt of the abovementioned written obligation.
4.9. In case the Rightholder will be brought to justice or will be penalized due to the User’s violations of the rights and/or the interests on third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages.
4.10. The Rightholder is not responsible for the violations made by the User as well as for the damage or losses under abovementioned circumstances.
4.11. Cumulative liability of the Rightholder under the Agreement in any event is limited by the documentary confirmed damage suffered by the User in the amount which does not exceed USD 1000, and the Rightholder shall be deemed responsible for it if there is his fault in causing such damage.
4.12. In the event of any third party claim that the Mobile application or the User’s possession and use of the Mobile application infringes that third party’s intellectual property rights, Rightholder, not App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Rightholder, not App Store, is responsible for addressing any claims of the User or any third party relating to the Mobile application or the User’s possession and/or use of that Mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
The provisions of this paragraph under no circumstances may be deemed a prejudice to the provisions of other paragraphs of this Agreement and in any case shall not be understood as stipulating liability of Rightholder for any User’s actions that constitute infringement of the third party’s rights including the User’s actions performed with use of the Mobile application; the provision of this paragraph does not eliminate or reduce the User’s liability for any violation committed by User.
4.13. Some jurisdictions do not allow the exclusion of certain types of warranties/liabilities or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to User. This Agreement may not limit liability of Rightholder to the User beyond what is permitted by applicable law. But in such a case the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty and/or liability exists under law that cannot be disclaimed, Rightholder, not the App Store, shall be solely responsible for such warranty and/or liability.
4.14. Depending on the App Store’s policy, in the event of any failure of the Mobile application to conform to any applicable warranty, the User may notify App Store, and App Store will refund the purchase price for the Mobile application to that User. To the maximum extent permitted by applicable law, App Store has no other warranty obligation whatsoever with respect to the Mobile application.
5.1. The Mobile application may from time to time automatically download and install updates that designed to improve the Mobile application and may be in the form of patches, additional modules or completely new versions of the Mobile application. User hereby acknowledge and agree with such automatic updating of the Mobile application including request, download and installation of the updates onto User’s Device without any further notifications.
5.2. This License shall govern all further updates/new versions of the Mobile application. Installation of the update/new version of the Mobile application shall be deemed as User’s acceptance of this License with respect to relevant updates/new versions of the Mobile application unless such installation is accompanied by different license agreement.
6.1. The processing the information provided by the User about himself/herself or about third parties within using the Mobile application as well as the information which is received within such usage in automated way is made by the Rightholder according to the Privacy Policy published or available at the address: https://spirecraft.games/privacy.html.
6.2. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the United Arab Emirates without regard to conflict of law’s provisions. The UN Convention for the International Sale of Goods will not apply.
6.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the applicable procedural law of the United Arab Emirates.
6.4. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard.
6.5. Rightholder and the User acknowledge and agree that App Store, and its subsidiaries, are third party beneficiaries of this Agreement. Upon the User’s acceptance of the terms and conditions of this Agreement, App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third party beneficiary thereof.
6.6. The current version of the License Agreement is available at: https://spirecraft.games/terms.html
SPIRE CRAFT GAMES - FZCO
Address: DSO-IFZA, IFZA Properties, Dubai Silicon Oasis
Email: spirecraftgames@gmail.com
Dated June 20, 2024