End User License Agreement
(Version from 16.06.2021)
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SITE, INSTALLING THE GAME “Caliber”, THE APPLICATION, THE SOFTWARE, OR ANY OF ITS UPDATES, CHANGES OR DLC.
This End User License Agreement (“EULA”) is a public offer (official offer) to an individual/end user and regulates the use of the Site, as well as the game “Caliber”, application, software, any updates, changes or DLCs (the “Game”), currently provided or to be provided by the licensor – 1C-777 Limited and/or its affiliates, including those belonging to the same group of companies (“Administrator”) on the website playcaliber.com ("Site").
This EULA is a binding legal agreement between the Administrator and the customers or users (“You” / “User”) of the Game presented on the Site, which grants the User the limited, non-exclusive, non-sublicensable and non-transferable right to use the Game under the terms of the EULA.
By receiving, opening the file package, installing and/or using the Game containing this software, You agree to comply with intellectual property laws and all the terms of this EULA.
The User has the right to create an account – a User account created by the User and owned by the Administrator, which is a set of data about the User necessary for the User to use the Game in accordance with this EULA, namely: authorization (authentication) of the User in the Game, access to information about the User, settings, game values, statistical indicators and other similar information.
The Rules of Conduct are located at playcaliber.com/en/conduct/.
The Rules of Conduct are a document describing the rules of participation and conduct for the User, as well as their punishments for violations.
The rights to use the Game are granted to the User by the Administrator under the conditions specified in the EULA.
The Licensor / Administrator does not transfer the right to the name of the Game to You, and the license granted to You under the EULA does not constitute a sale.
If you do not agree to be bound by this EULA, do not install, do not use and remove the Game from your device.
1. ACCEPTANCE OF THE EULA
From the moment of performance of the actions provided for in this paragraph of this EULA, this EULA is considered to be concluded in writing.
1.2 The User can be any individual who has reached the age of 18 years at the time of installation and use of the Game. Minors have the right to enter into this EULA and use the Game only if the consent of their legal representative is available at the time of installation and use of the Game. Accordingly, the User, by installing and using the Game, confirms his full age and legal capacity, and if the User is a minor – the consent of his legal representative. At the request of the Administrator, the User informs the Administrator of the personal (passport) data of his legal representative, whose consent to sign this EULA was obtained by the User.
2. SUBJECT OF THE EULA
2.1 The Administrator grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to install and/or use the Game for private use for such time until the User or the Administrator terminates this EULA.
2.2 The User shall not directly or indirectly (i) copy, sell, rent, lease, license, distribute, use the Game or any part of it for commercial purposes, and (ii) reverse engineer, decompile, adapt, modify or create derivative works based on the Game; (iii) remove, alter, disable or modify copyright and trademark information or other notices of authorship and origin information, notices or labels contained on or within the Game.
2.3 Except as expressly provided in the EULA, all rights not granted to the User under this EULA are expressly reserved by the Administrator. The Game and all related rights remain the property of the Administrator. The Administrator reserves the sole and exclusive ownership of all rights, titles and interest in and to the Game and all related intellectual property rights.
2.4 The Administrator has the right to, at any time, unilaterally, without warning the User in advance, restrict, expand, modify or otherwise change the game, any of its elements and parts, as well as the Key Documents.
Modifications to the game and its elements can be done via creation and application of new software parts (patches). Their goal might, for example, be improvements or changes to the gameplay or addition of new data and commands to the Game (features), which can lead to loss of rights to using certain game elements and Rights to unused data and commands.
The User understands and accepts that these actions are an intrinsic part of the Game’s development and ongoing functioning, and grants the Administrator their consent to perform them without warning the User in advance.
2.5 Updates, upgrades, patches, and modifications may be necessary in order to be able to continue using the Game on certain hardware.
The EULA does not confer any right or title to the Game and cannot be understood as a transfer of any intellectual property rights to the Game.
2.6 THIS GAME IS LICENSED TO YOU FOR PRIVATE USE, NOT FOR SALE.
2.7 When using the Game, the User undertakes to comply with all applicable laws, rules and regulations and not to use the Game for any illegal purposes.
2.8 Each licensed copy of the Game can be used on one device by one User. Using the Game means that you have downloaded, installed, or run the Game on a computer or similar device. If you install the Game on a multiplayer platform, server, or network, then each individual User of the Game must obtain a license separately.
2.9 The Administrator notifies the User on the Site about the installation of the next version of the Game. The User agrees that in order to participate in the Game after installing the next version of the Game, it may be necessary to accept a new end user license agreement and other mandatory documents posted on the Site. The User agrees that the installation of updates, patches and fixes might lead to them being unable to use the Game and, as a result, such services as the Premium Account, during installation, without any recompense.
2.10 The User acknowledges and agrees that the Administrator has the right to change this EULA unilaterally, publishing notifications of such changes on the Site and/or by email and/or in the Game. The notification is considered received by the User one day after the publication of such notification on the main page or in the news section of the Site. The User's continued participation in the Game process means that the User agrees to the amended terms of the EULA.
3. OWNERSHIP OF THE GAME
The User acknowledges that all rights related to the Game and its components (in particular, names, source code, themes, characters, character names, stories, dialogues, locations, concepts, images, photos, animation, videos, music and text contained in the Game), as well as rights related to the trademark, copyrights related to the Game, are the property of the Administrator and are protected by the acts and laws of the Republic of Cyprus and international regulations and other laws, treaties, international laws and agreements related to intellectual property.
4. USING THE GAME
4.1 The Game is a computer program and is a collection of data, commands and audio-visual displays generated by it (“data” and “commands”), activated sequentially for the User to obtain a certain result provided for by the Game scenario, without paying a fee (activated data and commands) or after paying a license fee (non-activated data and commands) (Free-to-play).
4.2 Rights to non-activated data and commands – the rights provided for in this EULA to use data, commands (in particular, in-game currency, premium account, other data, commands) and the audio-visual displays of the Game generated by them, activated sequentially for the User to obtain a certain result provided for in the Game scenario, acquired by the User after making the license payment set by the Administrator, at the time of reflection of the corresponding non-activated data and commands in the User account. Rights to non-activated data and commands can be purchased in the Premium Store – the Administrator's resource located at playcaliber.com/store. The amount of the license fee for the Rights to non-activated data and commands is determined by the Administrator and specified in the Premium Store. By purchasing the Rights to non-activated data and commands, the User gets the rights to use the extended functionality of the Game. The Administrator unilaterally determines the types and contents of non-activated data and commands. The term of use of the premium account, which is part of the Game, is calculated from the moment of creating an entry about it in the account and is valid until the expiration of the term of validity of the premium account set by the Administrator. Payments are made by the User by transferring funds to the Administrator through the payment methods supported by the Administrator. The list of available payment methods is determined by the Administrator unilaterally and is indicated in the Premium Store or in another way.
4.3 The Administrator has the right, at its sole discretion, to determine the territory within which the rights to use the Game are granted in accordance with this EULA.
4.4 The User has the right to use the Game in accordance with the instructions given in the Rules of Conduct.
4.5 The User undertakes not to use third-party software or other means to modify the Game’s files and/or the gameplay in order to gain an advantage over other participants in the gameplay.
4.6 The User undertakes not to sell, distribute, assign, transfer, sublicense or rent the Game to any third parties, as well as the User undertakes to provide relevant information when creating an account and not to transfer the account or access to it to other persons.
4.7 The User may irrevocably transfer all their rights under the EULA to the recipient, provided that the recipient agrees to the terms of the EULA and the User deletes the Game from the User's device. In this case, the User also undertakes to transfer to the recipient all components and documentation related to the Game.
4.8 The User agrees that the Game may contain sound and video effects that, under certain circumstances, may cause an exacerbation of epileptic and other neurological disorders in persons prone to them, and confirms that he does not suffer from these disorders, and otherwise will not use the Game.
4.9 The User understands and agrees that regular prolonged use of a personal computer or other technical device may cause various health disorders, including visual impairment, scoliosis, various forms of neuroses, and the like. The User guarantees that he will use the Game exclusively for a reasonable period of time with breaks for rest and prevention of health disorders.
4.10 The User understands and agrees that he is solely responsible for any materials or other information that he places in the Game, on the Site, in chats or otherwise informs other users or makes available to the public.
4.11 The User agrees that the Game is not a game of chance, a game to win money, a contest or a bet. The acquisition of Rights to non-activated data and commands is the implementation of the User's own will and desire.
4.12 In accordance with the established technical requirements, the User can only use the Game in interactive (online) mode, and therefore the User shall have the Internet connection to use the Game.
5. TERMINATION OF THE LICENSE
5.1 The EULA comes into force from the moment of the first installation or use of the Game by the User.
5.2 The EULA may be automatically terminated by the Administrator without prior notice if the User does not comply with the terms of this EULA. In this case, the User must immediately destroy the Game and delete the Game and any part of it from the User's device.
5.3 The User can terminate the EULA at any time by completely deleting the Game from the User's device.
The Administrator shall provide technical support for the Game.
7. LIMITATION OF WARRANTY
7.1 THE GAME IS PROVIDED "AS IS" AND ”AS AVAILABLE". THE ADMINISTRATOR EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE GAME OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFIED IN ARTICLE 6 OF THE EULA.
7.2 The User expressly acknowledges that they use the Game at their own risk.
7.3 The User is responsible for any costs associated with the repair and/or correction of the Game.
7.4 The Administrator does not guarantee that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components.
7.5 To the extent permitted by law, the Administrator expressly disclaims any warranties regarding the market value of the Game, the User's satisfaction, or the User's ability to make a particular use.
7.6 The User is responsible for all risks associated with loss of profit, loss of data, errors and loss of business or other information as a result of ownership or use of the Game.
7.7 Since some jurisdictions do not allow the above limitation of warranty, it is possible that it will not apply to the User.
8. LIMITATION OF LIABILITY
8.1 In no event (including, without limitation, in the event of negligence) shall the Administrator, its employees, agents or distributors be liable for any direct, indirect, incidental, special, incidental or other damages arising out of or in connection with this EULA, as a result of the use or inability to use the Game, or as a result of the possession or poor functioning of the Game, even if the Administrator has been advised of the possibility of such damages.
In particular, the Administrator assumes no responsibility for the use of the Game in violation of the precautions for use set out in the user manual of the Game.
Since some jurisdictions do not allow an exemption from liability in the event of direct or incidental damages, it is possible that the above exclusion does not apply to the User.
8.2 The entire responsibility of the Administrator, without exception, is limited to the User's refund of the purchase price of the Game in exchange for the return of the Game, all copies, registration documents and manuals, as well as all materials constituting the transfer of the license from the User back to the Administrator.
8.3 This EULA for the use of the Game grants the User certain rights, and the User may have other rights, depending on the legislation of their country.
9. OTHER PROVISIONS
9.1 This EULA and any disputes, claims or obligations (contractual or non-contractual) arising out of or in connection with it, its subject matter or formation are governed by the laws of the Republic of Cyprus, unless otherwise required by the laws of the country where the User usually resides.
9.2 The User hereby confirms that they have read and understood this EULA, and also agrees that the action to install and use the Game is a confirmation of the User's consent to be bound by the terms of this EULA. The User also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between the Administrator and the User.
9.3 This EULA may be changed by the Administrator unilaterally. The changes take effect from the moment they are published on the Site. The User may not use the Game if he/she does not agree with the changes made to the EULA. In this case, the User may terminate the EULA unilaterally within ten (10) calendar days after posting the publication of changes to the EULA on the Game's Site and / or sending a notification by email. In the event of a decision to terminate the EULA, the User is obliged to send the Administrator a notice of termination of the EULA by e-mail. If the User has not expressed a desire to terminate this EULA within the above-mentioned period of ten (10) calendar days, the User is considered to have accepted the terms of this EULA, taking into account the changes made to it.
Any failure to comply with the terms and conditions of this EULA will result in the automatic and immediate termination of this EULA. Upon termination of this EULA and the license granted here for any reason, You agree to immediately stop using the Game and destroy all copies of the Game provided under this EULA. Your financial obligations will remain in effect after the expiration or termination of this EULA.
11. TERM OF THE EULA
This EULA comes into force at the time of acceptance of its terms by the User and is valid for twelve (12) months. The validity of this EULA is automatically extended for every next six (6) months, unless it is terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days before the expiration of the current term of the EULA. In the event of termination of the EULA in the specified order, the Administrator does not refund any funds and does not make any other compensation, including losses of any kind.
12. CONSENT TO THE USE OF DATA
12.1 The data that can be processed by the Administrator includes Your e-mail address.
12.2 The User has the right to access, correct, delete such personal data at any time, and withdraw his/her consent to the processing of personal data.
You can contact us at firstname.lastname@example.org in relation to all Your questions and requests related to the processing of personal data.
12.3 You agree that the Administrator may anonymously collect and use the information collected in any way as part of the Game support services provided to You. The Administrator can also use this information to provide notifications and send You emails that may be useful or interesting to You.
The Administrator has the right to send messages using both the technical means provided under the EULA and by sending them directly to the User's email address. The Administrator notifies the User that the messages may not be directly related to the Game, but the User has the opportunity to refuse to receive such messages at any time using the commands or settings that the Administrator undertakes to provide to the User.
12.4 The controller of personal data is 1C-777 Limited with its registered number HE315619 and registered office in the Republic of Cyprus at 32 Kritis Street, Papachristoforou Building, 4th Floor, 3087 Limassol, Cyprus. The company 1C-777 Limited is the administrator of the personal data provided by the User.