License agreement for the provision of the right to use the software
Březovík 5, Ktiš, Czech Republic
1.1. In order to avoid ambiguity and other misunderstandings in the interpretation of this Agreement, the Parties agreed on the following concepts and definitions: 1.1.1. Acceptance - full and unconditional acceptance by the Licensee of the terms of this License Agreement by registering on the website https://kraken-online.org/ and putting a tick on the agreement with the terms of the Agreement.
1.1.2. License Agreement - a set of contractual terms agreed by the Parties between the Licensor and the Licensee, in accordance with which the Licensor grants the Licensee the right to use the Software. The license agreement can be changed at any time by the Licensor in the manner prescribed by the Agreement.
1.1.3. Licensor - Software developer Ivan Voroshchuk, address: Březovík 5, Ktiš, Czech Republic, who is the copyright holder of the rights to Kraken Online and provides the Licensee with the right to use Kraken Online for a fee under the conditions provided for in this Agreement.
1.1.4. Licensee is an individual who has accepted this License Agreement and uses Kraken Online under the conditions provided for in this Agreement.
1.1.5. Kraken Online is a software that is a multiplayer online game (site https://kraken-online.org/). Licensee may use the underlying Kraken Online software for free or purchase the right to use the modified Kraken Online software for a fee.
2. Acceptance of the License Agreement
2.1. Licensee intending to use Kraken Online must first accept this License Agreement.
2.2. Upon acceptance of the Agreement, the Licensee confirms that he is a fully capable person who, in accordance with the current legislation, has no restrictions on the acceptance of this Agreement and the use of Kraken Online.
2.3. Registration on the website https://kraken-online.org/ and putting a tick on the agreement with the terms of this License Agreement is recognized as acceptance of the Agreement.
2.4. By accepting (accepting) this License Agreement, the Licensee confirms that he has read all the provisions of this Agreement, all the provisions are clear to him and he undertakes to comply with them without any conditions and / or reservations.
2.5. In the event that the Licensee does not understand any of the terms of this Agreement, he must first contact the Licensor for clarifications and only after receiving clarifications to accept this Agreement.
2.6. Acceptance of this License Agreement is possible provided that the following conditions are met:
2.6.1. Careful reading by the Licensee of all the terms of this Agreement.
2.6.2. Licensee's consent to comply with all the terms of this Agreement.
2.6.5. Licensee's acceptance of the Returns Policy located at: https://kraken-online.org/refundpolicy.
3. Subject of the Agreement
3.1. In accordance with the terms of this Agreement, the Licensor undertakes to provide the Licensee with the right to use Kraken Online on the terms and conditions agreed by the Parties in this Agreement and in accordance with its functionality specified in this Agreement and described on the website https://kraken-online.org/, and the Licensee undertakes comply with the terms of providing access to Kraken Online, and in case of purchasing access to the modified Kraken Online software, also pay the Licensor the right to use the modified Kraken Online software.
3.2. The Licensee understands and agrees that the functionality of the basic and modified Kraken Online software described in this Agreement is indicative, a complete and up-to-date description of the Kraken Online functionality is always contained directly on the website https://kraken-online.org/. The Licensee does not have the right to demand from the Licensor to provide him with that functionality (as well as demand a refund for the lack of such functionality), which was not guaranteed to him according to the information reflected on the website https://kraken-online.org/ at the time of acquiring the right to use, even if this functionality was indicated directly in the text of the Agreement (the information contained on the website https://kraken-online.org/ always takes precedence over the information specified in this Agreement, with which the Licensee fully agrees). 3.3. The Licensee understands that, under this Agreement, the Licensor does not provide any services and does not sell any goods to the Licensee. Any payments that may be made by the Licensee to the Licensor in all cases are related solely to the payment of the license fee for granting the right to use the modified software.
4. Registration of the Licensee in Kraken Online
4.1. To use the main and / or modified Kraken Online software, the Licensee must complete the registration procedure, namely, must complete the following actions: 4.1.1. Go to the page https://kraken-online.org/register.
4.1.2. Choose one of the proposed registration methods:
188.8.131.52. Registration by entering data directly on the website https://kraken-online.org/ (for registration, the Licensee will need to enter a username, password and email).
184.108.40.206. Registration using a Google account.
220.127.116.11. Registration using your Facebook account.
4.1.3. After registration, an account in Kraken Online will be created for the Licensee and he will have access to the main Kraken Online Software.
4.1.4. In the event that the Licensee intends to access the modified Kraken Online software, he must pay for the right to use the modified Kraken Online software in accordance with the procedure set forth directly on the website https://kraken-online.org/.
4.2. The licensee is solely responsible for the security of his username and password, as well as for everything that will be done in Kraken Online on his behalf, i.e. under his account.
4.3. The licensee is obliged to independently take all necessary measures to protect information about his login and password from third parties. If the Licensee has reason to believe that the password of his account has become known to third parties, he is obliged to immediately change the password in his personal account. The licensee is obliged to adhere to generally accepted rules for the security of access to his account, including choosing the recommended password length, terminating an authorized session by clicking the “Log out” button, etc.
4.4. The Licensee is obliged to immediately contact the Kraken Online support service if he has reason to believe that third parties have gained access to his account, including if the Licensee cannot log into the account using his username and password.
5. Payment for the right to use the modified Kraken Online software
5.1. In addition to using the basic (free) Software, the Licensee has the right to obtain the right to use the modified Kraken Online software for a fee.
5.2. For granting the Licensee the right to use the modified Kraken Online software, the Licensee pays the Licensor a license fee, the amount of which depends on the modified software chosen by the Licensee. The amount of the license fee of the Licensor, as well as the methods of payment of the license fee, are always reflected directly on the website https://kraken-online.org/.
6. Document flow
6.1. Electronic document flow and electronic interaction through the site https://kraken-online.org/ between the Parties under this Agreement shall have legal force equal to the legal force of ordinary written document flow.
6.2. The Parties agreed that electronic document management is used by them in relation to any requests, approvals, comments, other messages of the Parties, as well as in relation to any documents, including letters, notifications, claims, etc.
6.3. This Agreement is concluded by the Parties in an offer-acceptance form without signing a separate written document.
6.4. Electronic document flow is legally binding only on the condition that the exchange of messages or documents is carried out by the Parties through https://kraken-online.org/ or other electronic communication channels previously communicated by the Parties to each other.
6.5. In case of receipt of messages, documents through communication channels that were not previously communicated by the Parties to each other, the Party that received such messages or documents has the right to ignore them, in this case the message or document is considered undelivered and not received by the Party. 6.6. Each of the Parties is independently responsible for limiting the circle of persons who have access to electronic communication channels. In case of loss of access to the electronic communication channel, the Party is obliged to immediately notify the other Party about it and is responsible in the absence of such notification.
6.7. Documents sent via the electronic communication channel by one Party are deemed to have been received by the other Party on the day they were actually received, and the time frames that depend on the time the document was received by the Party begin to be calculated from the next day.
6.8. Electronic messages and documents, in accordance with this Agreement, can be fully used to confirm concluded and completed transactions, the legal relationship of the Parties, including can be used as evidence in law enforcement agencies, arbitration courts, judicial authorities, when considering disputes on civil transactions, etc., and also confirm their validity and legal force.
7. Legal regulation
7.1. This Agreement is governed by the provisions of the legislation of the Czech Republic, regardless of the location of each of the Parties.
8.1. For improper performance or non-performance of the obligations provided for in this Agreement, the Parties shall be liable in accordance with the current legislation of the Czech Republic.
8.2. Licensee understands and agrees that both the underlying and modified Kraken Online software may not meet Licensee's expectations. The Licensor does not guarantee the Licensee will receive any result of using Kraken Online.
8.3. The Licensee understands and agrees that the Licensor is not responsible for the actions, opinions, judgments made by other Kraken Online licensees. In case of violation by other Kraken Online licensees of the provisions of the current legislation, the Licensee must present all claims directly to the persons who committed such violations (other Kraken Online licensees).
8.4. Within the framework of this Agreement, the Licensor, in relation to the placement by the Licensee of information and materials in Kraken Online, is only an information intermediary in accordance with the provisions, providing the Licensee with a platform for posting information and materials.
8.5. The Licensor takes all necessary measures to prevent the Licensee from using Kraken Online in a form in which it may violate the provisions of the current legislation, but is not responsible for the actions of the Licensee.
8.6. The licensor shall under no circumstances be liable for any indirect, accidental, unintentional damage (including lost profits, damage caused by loss or disclosure of data) caused in connection with the use of Kraken Online or the inability to use it, including in case of failure of Kraken Online or any other interruption in the operation of Kraken Online, even if the Licensor has warned or indicated the possibility of such damage.
8.7. In all cases, the total amount of the Licensor's liability to the Licensee is limited to the amount of 100 (one hundred) CZK (koruna česká)
8.8. The licensee is solely responsible for the consequences of posting any of his data to Kraken Online. The Licensor ensures exclusively basic information security of the Licensee's data in accordance with generally applicable requirements.
8.9. Licensee acknowledges and agrees that Kraken Online is provided on an "as is" basis. The licensor does not provide guarantees regarding the consequences of using Kraken Online, interaction of Kraken Online with other software.
8.10. Kraken Online or its individual elements from time to time may be partially or completely unavailable due to maintenance or other technical work, ensuring the normal functioning of Kraken Online.
8.11. The Licensee agrees that to work with Kraken Online, it is necessary to use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties and the Licensor cannot be held responsible for the quality their work and their interactions with Kraken Online.
9. Force majeure circumstances
9.1. The Parties shall not be liable for the full or partial failure to fulfill obligations under this Agreement due to force majeure circumstances that arose against the will of the Parties and which cannot be foreseen or prevented, namely: earthquake, flood, other natural disasters, war, civil war, blockade, embargo, a strike, the adoption by public authorities of acts that impede the execution of the contract.
9.2. A certificate issued by a local authority is sufficient confirmation of the existence and duration of force majeure circumstances.
9.3. The Party that does not fulfill its obligations due to force majeure circumstances must send a notification to the other Party about the obstacle and its effect on the fulfillment of obligations under the Agreement within ten calendar days.
9.4. If force majeure circumstances have been in effect for two consecutive months and do not show signs of termination, this Agreement may be terminated by mutual agreement of the Parties.
10. Resolving controversial issues
10.1. All disputes between the Parties shall be resolved through negotiations.
10.2. The parties have agreed that the claim (pre-trial) procedure for resolving disputes arising from the execution of this Agreement is mandatory for them.
10.3. Claims under this Agreement may be sent by the Parties by e-mail.
10.4. The parties agreed that the term for responding to a claim is no more than 30 calendar days.
10.5. In the event of a legal dispute, the dispute is referred to the court at the location of the Licensor.
11. Blocking the Licensee
11.1. The Licensor has the right to block the Licensee's access to Kraken Online if he violates the provisions of this License Agreement, the Server Rules, or the provisions of the current legislation.
11.2. If the Licensor's account is blocked, this Agreement is considered terminated. In this case, payments already made by the Licensee at the time of such blocking are not refundable.
12. Term of the Agreement. Modification of the Agreement
12.1. This Agreement enters into force from the moment of its acceptance by the Licensee and is valid for an indefinite period until terminated by one of the Parties.
12.2. This Agreement may be terminated by each of the Parties by notifying the other Party 5 (five) days prior to the termination of the Agreement. At the same time, in the event of early termination of this Agreement, payments already made by the Licensee at the time of termination of the Agreement are recognized as a penalty for early termination and are not refundable.
12.3. In relation to unfulfilled obligations, this Agreement remains in force even after its termination.
12.4. The Licensor has the right at any time to unilaterally make changes (additions) to the terms of this Agreement, including in terms of changing the size and procedure for making a license fee for granting the right to use the modified Kraken Online software, by publishing a new version of this Agreement on the website https: //kraken-online.org/.
12.5. In case of disagreement with the changes (additions) made by the Licensor to this Agreement, the Licensee is obliged to refuse to use Kraken Online by sending a notification to the Licensor.
13. Other conditions
13.1. The parties agreed that in everything else that is not provided for by this agreement, the norms of the current legislation will be applied.