Acceptance of the terms and conditions of this End User License Agreement (hereinafter referred to as the “EULA”) is obligatory for your use of MY.COM B.V. software. Please read the terms and conditions of the EULA carefully before installing the software on your personal computer. If you disagree with the terms and conditions of this Agreement or cannot use the software according to the terms and conditions of this Agreement, please abort the software installation and/or immediately delete the software from your personal computer.
Downloading, installation of the Software (as described below) on a personal computer and/or use of the Software shall mean your full consent to the terms and conditions of this EULA. Use of the Software in violation of this EULA is subject to prosecution.
1. General Provisions
1.1. This EULA is an agreement between Yourself, an individual with full legal capacity who is the end user of the Software stipulated below (hereinafter “the User”) and MY.COM B.V. (hereinafter “MY.COM B.V.”) regarding GAMES.MY.COM APPLICATION computer software (hereinafter “the Software”).
1.2. MY.COM GAME CENTER APPLICATION is an Internet platform containing information on certain computer games and making it possible to download/acquire/use games of MY.COM B.V. or third parties, free of charge or for payment, by placing in the Software interface of links to relevant web sites (resources) of the MY.COM B.V. or third parties for download/acquisition/use and/or payment for such computer games.
1.3. If the User is under 18 years old (or other age of majority according to the laws of his/her country) or for other reasons does not have full legal capacity, he/she must obtain the consent of one of his/her lawful representatives. Any use of the Software shall mean that its User, who does not have full legal capacity, has received such consent at the time of acceptance of this EULA.
1.4. MY.COM B.V. has all necessary rights to enter into this EULA. MY.COM B.V. hereby notifies that FFmpeg libraries contained in the Software are used by MY.COM B.V. under LGPLv2.1 conditions (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html), access to which may be obtained at the web site http://ffmpeg.org. Any use of the software shall be subject to the agreement of the MY.COM B.V. The User may not change or delete copyright notices and/or any trademarks contained in the Software.
1.5. Installation and/or use of the Software are indicative of the User’s full and unconditional consent to the terms and conditions of this EULA. The User is invited to read the terms and conditions of this EULA and accept them prior to installation of the Software on a personal computer. Installation of the Software without signaling acceptance of the terms and conditions of the EULA is functionally impossible.
2. Limited License
2.1. From the moment of acceptance of this EULA the User receives free of charge under the conditions of a non-exclusive license the right to install the Software (install and record the Software into the memory of a personal computer) and use the Software as intended. MY.COM B.V. does not provide any rights to the User for Software use, except for the rights expressly stated in this EULA.
2.2. Taking due account of exceptions set out in Section 9.8. of this EULA, the User is prohibited from:
· distributing, renting, leasing the Software or its copies for payment among any third parties;
· altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages or in any way changing the Software or any of its components;
· creating derivative works based upon the Software;
· using the Software in other ways that are not expressly stipulated in this EULA.
2.3. The User may use the Software during the term of validity of this EULA in the above-mentioned ways anywhere in the world.
2.4. The Software is intended solely for the User’s private non-commercial use.
2.5. All rights not expressly granted in this EULA are reserved.
3. Automatic Update of the Software
3.1. In order to improve the Software, MY.COM B.V. reserves the right to introduce automatic updates and modifications into the Software so long as the User’s personal computer is connected to the Internet, without the User needing to install the said updates and modifications manually. In order to ensure efficiency of the said updates and modifications and to enable the User to continue using the Software, the User hereby expresses consent to the introduction of such updates and modifications.
3.2. This EULA also applies to any automatic updates (additions, modifications) of the Software made by MY.COM B.V. by means of the Internet global network. All updates constitute an integral part of the Software and the rules of this EULA shall apply to such updates.
4. Users’ Authorization. Use of Data
4.1. The User must be authorized to use the Software using one of the accounts envisaged in the Software interface. All actions performed via the User’s account are deemed to be performed by the User. The User is obliged to ensure the security of his/her account and confidentiality of his/her data authorization.
4.2. The User hereby agrees that MY.COM B.V. may collect, store for an indefinite term and otherwise process anonymous information on use by the User of the Software, information on hardware and software installed on the User’s personal computer, and any other anonymous technical and statistical information, which the MY.COM B.V. needs in order to identify and eliminate problems with operation of the Software, to improve the Software, and for marketing purposes. Thereby, the User hereby agrees that MY.COM B.V. has the right to download software program files to User’s computer system, that will record CPU, RAM, operating system, video card, sound card and any other anonymous technical and statistical information from User’s computer.
5. Software Products of Third Parties
5.1. MY.COM B.V. acting on the basis of agreements with partners, may provide technological capability to the User within the limits of the Software to use computer games of third parties (hereinafter “Software Products”), free of charge or for payment, by placing links in the Software to relevant resources of third parties or otherwise, by means of which the User may use/download/acquire and/or pay for Software Products. MY.COM B.V. is not the receiver of payments made by the User for use of Software Products of third parties.
5.2. MY.COM B.V. is exclusively a supplier of information concerning Software Products and resources of third parties and concerning links to them and shall not bear responsibility for the content of third parties’ resources, quality of Software Products on these resources and the terms, procedure and results of use/download/acquisition/payment for Software Products on the said resources.
6. WARRANTY DISCLAIMER
TO THE MAXIM EXTENT ALLOWED BY APPLICABLE LAW MY.COM B.V. EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SOFTWARE SHALL BE PROVIDED “AS IS” WITHOUT FURTHER WARRANTIES OF ANY NATURE. THE USER SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SOFTWARE. MY.COM B.V. DOES NOT GUARANTEE THAT THE SOFTWARE MEETS THE USER’S REQUIREMENTS AND THAT SOFTWARE OPERATION WILL BE UNFAILING AND ERROR-FREE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER THE MY.COM B.V. NOR ITS LICENSORS, PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO IT, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USER’S OPERATION OF THE SOFTWARE AND OF OTHER MATERIALS PROVIDED TO THE USER BY THE MY.COM B.V.
MY.COM B.V. SHALL NOT BEAR LIABILITY FOR INABILITY TO INSTALL OR LAUNCH THE SOFTWARE ON THE USER’S PERSONAL COMPUTER AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE SOFTWARE OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SOFTWARE. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. MY.COM B.V. SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S COMPUTER.
8. Applicable Law. Jurisdiction
This EULA shall be governed by the laws of the England and Wales. All disputes arising in connection with this EULA should be resolved by the Parties without recourse to a court and, in case the Parties fail to come to agreement without recourse to a court, disputes shall be resolved by a court of relevant jurisdiction in the MY.COM B.V.’s location.
9.1. This EULA remains valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. The User may terminate this EULA at any time by deleting the Software from his/her personal computer. MY.COM B.V. may terminate the EULA by notifying the User of termination via any means available to the MY.COM B.V.; in this case the User is obliged to immediately delete the Software from his/her personal computer.
9.2. MY.COM B.V. may modify functions and informational contents of the Software at any time at its own discretion without additional notice to the User.
9.3. MY.COM B.V. may at its own discretion at any time assign and/or delegate its rights and obligations under this EULA or any part of them to any third party without notice to the User. The Rights of each User are personal and are not subject to assignment.
9.4. In case of termination of this EULA, Sections 5, 6, 7, 8 and 9.2. shall remain in force.
9.5. This EULA, unless otherwise stipulated within it, constitutes full agreement of the Parties regarding use of the Software by the User and substitutes any previous oral and written agreements or oral and written agreements that are simultaneous with the making of this EULA regarding the subject hereof that are united in this EULA.
9.6. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
9.7. MY.COM B.V. reserves the right to revise the terms of the License by updating the EULA on the website located at www.legal.my.com , or by notifying the Users by email. The revised EULA comes into force on the date on which it is published. Users are advised to check the website periodically for notices concerning such revisions. Your continued use of the Software shall be deemed to constitute acceptance of any revised terms.
9.8. MY.COM B.V. in order to fulfill the requirements LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) provides any third parties with the opportunity to freely download and use FFmpeg libraries modified by MY.COM B.V. or it licensors, which are used in the Software, provided that the users of the modified libraries observe the terms LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). FFmpeg libraries modified by MY.COM B.V. or its licensors can be downloaded by following the link http://static.gc.my.com/packages/chromeresources4/bin.7z.
On all issues related to this EULA, please use the e-mail address email@example.com.
Version 1.1 as of July 15, 2016.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
©MY.COM B.V., Barbara Strozzilaan 201, 1082HN, Amsterdam, the Netherlands