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END USER LICENSE AGREEMENT (EULA)
1. Introduction
1.1. This End User License Agreement ("EULA") is a legal agreement between you ("User" or "You") and Vitaliia Kamyshova, a sole proprietorship registered in Georgia under number 230488, Tbilisi, Javakhishvili Street, N91, Apartment N2b ("Developer" or "We") for the use of the game Spava ("Game").
1.2. By installing, accessing, or using the Game, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Game.
2. Grant of License
2.1. Developer grants User a limited, non-exclusive, non-transferable, revocable license to install and use the Game on a personal computer or other devices that are owned or controlled by You, strictly for personal, non-commercial purposes.
2.2. This license does not grant You any title or ownership in the Game.
3. Intellectual Property
3.1. All rights, title, and interest in and to the Game, including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, and audio-visual effects, are owned by Developer and are protected by copyright, trademark, and other intellectual property laws.
3.2. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Game.
4. Restrictions on Use
4.1. You may not:
Copy, modify, or distribute the Game or any of its parts.
Reverse engineer, decompile, or disassemble the Game.
Use the Game for commercial purposes without the express written consent of Developer.
Remove or disable any security features of the Game.
Use the Game in any manner that could interfere with, disrupt, or negatively affect other users’ enjoyment of the Game.
Use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software to modify the Game.
5. Updates and Patches
5.1. Developer may provide updates, patches, and other modifications to enhance the Game and improve its functionality. These updates may be automatically installed without providing any additional notice or receiving any additional consent.
5.2. The terms of this EULA will apply to any updates or patches to the Game unless such update or patch is accompanied by a separate license, in which case the terms of that license will govern.
6. Disclaimer of Warranties
6.1. The Game is provided "as is" without warranty of any kind. Developer expressly disclaims all warranties, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2. Developer does not warrant 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. Limitation of Liability
7.1. In no event shall Developer be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Game, whether based on contract, tort, strict liability, or any other legal theory, even if Developer has been advised of the possibility of such damages.
7.2. Developer’s total liability to you for any damages shall not exceed the amount you paid for the Game.
8. Unreal Engine Disclaimer and Limitation of Liability
Spava includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Developer, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Developer, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Spava, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Spava, or will not revoke approval of this Spava for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Developer and Epic. Developer, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Developer, Epic, Epic’s licensors, nor its or their affiliates, nor any of Developer’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Developer, Epic, Epic’s licensors, nor its or their affiliates, nor any of Developer’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Developer’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Developer, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Developer, Epic, Epic’s licensors, its and their affiliates, and any of Developer’s or Epic’s service providers shall be limited to the full extent permitted by law.
9. Termination
9.1. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA.
9.2. Upon termination, you must cease all use of the Game and uninstall all copies of the Game from your devices.
10. Governing Law and Jurisdiction
10.1. This EULA is governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles.
10.2. Any disputes arising out of or in connection with this EULA shall be resolved in the courts of Tbilisi, Georgia.
11. Contact Information
11.1. If you have any questions about this EULA, please contact us at:
Vitaliia Kamyshova
Email:
1. Introduction
1.1. This End User License Agreement ("EULA") is a legal agreement between you ("User" or "You") and Vitaliia Kamyshova, a sole proprietorship registered in Georgia under number 230488, Tbilisi, Javakhishvili Street, N91, Apartment N2b ("Developer" or "We") for the use of the game Spava ("Game").
1.2. By installing, accessing, or using the Game, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Game.
2. Grant of License
2.1. Developer grants User a limited, non-exclusive, non-transferable, revocable license to install and use the Game on a personal computer or other devices that are owned or controlled by You, strictly for personal, non-commercial purposes.
2.2. This license does not grant You any title or ownership in the Game.
3. Intellectual Property
3.1. All rights, title, and interest in and to the Game, including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, and audio-visual effects, are owned by Developer and are protected by copyright, trademark, and other intellectual property laws.
3.2. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Game.
4. Restrictions on Use
4.1. You may not:
Copy, modify, or distribute the Game or any of its parts.
Reverse engineer, decompile, or disassemble the Game.
Use the Game for commercial purposes without the express written consent of Developer.
Remove or disable any security features of the Game.
Use the Game in any manner that could interfere with, disrupt, or negatively affect other users’ enjoyment of the Game.
Use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software to modify the Game.
5. Updates and Patches
5.1. Developer may provide updates, patches, and other modifications to enhance the Game and improve its functionality. These updates may be automatically installed without providing any additional notice or receiving any additional consent.
5.2. The terms of this EULA will apply to any updates or patches to the Game unless such update or patch is accompanied by a separate license, in which case the terms of that license will govern.
6. Disclaimer of Warranties
6.1. The Game is provided "as is" without warranty of any kind. Developer expressly disclaims all warranties, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2. Developer does not warrant 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. Limitation of Liability
7.1. In no event shall Developer be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Game, whether based on contract, tort, strict liability, or any other legal theory, even if Developer has been advised of the possibility of such damages.
7.2. Developer’s total liability to you for any damages shall not exceed the amount you paid for the Game.
8. Unreal Engine Disclaimer and Limitation of Liability
Spava includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Developer, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Developer, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Spava, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Spava, or will not revoke approval of this Spava for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Developer and Epic. Developer, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Developer, Epic, Epic’s licensors, nor its or their affiliates, nor any of Developer’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this EULA, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Developer, Epic, Epic’s licensors, nor its or their affiliates, nor any of Developer’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this EULA or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Developer’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Developer, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Developer, Epic, Epic’s licensors, its and their affiliates, and any of Developer’s or Epic’s service providers shall be limited to the full extent permitted by law.
9. Termination
9.1. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA.
9.2. Upon termination, you must cease all use of the Game and uninstall all copies of the Game from your devices.
10. Governing Law and Jurisdiction
10.1. This EULA is governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles.
10.2. Any disputes arising out of or in connection with this EULA shall be resolved in the courts of Tbilisi, Georgia.
11. Contact Information
11.1. If you have any questions about this EULA, please contact us at:
Vitaliia Kamyshova
Email: