LICENSE AGREEMENT

NOTE:

CAREFULLY READ THIS LICENSE AGREEMENT («AGREEMENT")BEFORE YOU AS ANY ANY PERMITTED WAY TO START USING THE MAKLER GAME GAME AND ITS COMPONENTS, WHICH BELONGS TO THE COMPANY:Webtech Holding Ltd (Church Street, St. Julians, STJ 3049,Malta). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,OR AT WANT ONE OF HIS ITEMS,YOU DO NOT HAVE THE RIGHT TO USE THE GAME AND SEPARATE ITS COMPONENTS.CONTINUING TO USE THE GAME OR ITS PARTICULAR COMPONENTS YOU COMPLETELY AGREE TO THE CONDITIONS OF THIS AGREEMENT.

This Agreement governs the relationship between Webtech Holding Ltd, which is registered at: Church Street, St. Julians, STJ 3049, Malta, hereinafter referred to as the “Licensor” and you - the end user of the Game (hereinafter referred to as the “User”) in relation to the Game and all its components.

1. TERMS USED IN THE AGREEMENT

A game— is a browser-based online game “Makler game”, including its mobile version, which is a computer program and is a collection of data and generated by it audiovisual mappings activated sequentially for the User to get a certain result provided by the Game scenario, without paying a fee (activated data) or after making a royalty (non-activated data).

The game also includes (among other things):

Game chat.
Servers.
Server and other software.
Mobile application.
Game site.
Play Store.
Databases.
Other Licensor’s resources necessary to use the Game under this Agreement.

Game Site (Site) — the corresponding website, which is located at: https /: maklergame.com and its subdomains. The Licensor places the information required for the Users on the Game Website.

User account (account) — a user account created by the User and belonging to the Licensor, which is a collection of User data necessary for him to use the Game in accordance with this Agreement, namely: authorization (authentication) of the User in the Game, access to information about the User, game settings, statistical indicators and other similar information.

Unactivated data — extended special features of the Game provided by the Licensor for a fee, but not a necessary condition for the User’s participation in the Game.Non-activated data is beyond the scope of the basic functionality and is provided solely upon request and at the request of the User.

Activated data — software features of the Game, designed to achieve a certain result by the User in the Game, which is indicated by its scenario, provided by the Licensor to the User free of charge.

Royalty payment — payment to the Licensor for providing the User with the right to use non-activated data within the limits established by this Agreement.The amount of remuneration is determined by the Licensor, and depends on the amount of non-activated data, the right to use of which is transferred to the User. Information about the Reward is posted by the Licensor on the Internet at: https /: maklergame.com.

2. SUBJECT OF AGREEMENT

In accordance with this Agreement and subject to the User’s compliance with its terms and conditions, the Licensor grants the User the right to access the Game (to all interactive zones) to the extent specified in this Agreement in the ways for a period.The user has the right to use the game at no cost (activated data). The user is also entitled to receive rights to non-activated data for a fee.The user receives the rights to the non-activated data at the time of reflection of the corresponding non-activated data in the User Account.From this point on, the User receives the rights to use the amount of non-activated data, which is displayed in the Account.The amount of the license fee for the rights to use non-activated data is determined by the Licensor.

3. LIMITS OF USE OF THE GAME AND THE VOLUME OF USER RIGHTS

The Licensor grants you, under a non-exclusive license, the right to personal non-commercial use of the Game under the terms of this Agreement and the accompanying documentation posted on the Game Website.

The User may use the Game only to the extent permitted by the Licensor, including:

To participate in the Game with the obligatory observance of the terms of this Agreement and the accompanying documentation posted on the Game Website.
Use the Game for the purposes established by this Agreement and the documentation posted on the Game Website, in compliance with all of their conditions, for which the User has the right to: a) create and delete an Account; b) use the activated Games data to achieve the result determined by the Game scenario at no cost; c) obtain the rights to use non-activated data after making the license fee established by the Licensor, and use them, including to obtain the result determined by the scenario of the Game; d) use the Game in other ways permitted by the Licensor in this Agreement.

User has no right to:

To distribute for commercial purposes the Game (parts of the Game) or its copies.
Use automated scripts to collect information or otherwise interact with the Game.
Investigate the program code, decompile, disassemble, modify the Game, its parts and elements, and create derivative products based on the Game, its parts and elements without the written consent of the Licensor.
Post malicious programs or links to resources that contain or may contain such programs.
Use the information of other users to send unsolicited information (spam).
To place in the Game objects of intellectual property without the consent of their respective owners.
Place in the Game personal information of third parties without their consent, including home addresses, phone numbers and passport data.
To place and otherwise use in the Game obscene, abusive and offensive words and phrases, including in the name of the User.
Place in the Game materials with elements of violence, cruelty, racial, interethnic or interfaith discord, as well as links to such materials.
To place advertisements, commercial offers, campaigning and any other intrusive information in the Game, except as permitted by the Licensor.
To place threats in the Game, as well as calls for violence and other unlawful actions.
To place in the Game any other information that, in the Licensor’s opinion, violates legislation, moral norms or ethics, or is undesirable.
Translate the game into other languages.
Distribute, outside of the Game for commercial or non-commercial purposes, audiovisual displays, as well as other objects of intellectual property present in the Game (except as permitted by the Licensor).
To distribute, for commercial or other purposes, game values acquired by the User as part of participation in the Game (including when implementing the additional functionality of the Game - non-activated data acquired by the User on a fee basis).
Transfer rights in respect of the Game, including rights to non-activated data, for commercial or non-commercial purposes to third parties, including by transferring the Account, entering into any contract or by other means.
To alienate and otherwise transfer your account, to acquire an account of another user, including through exchange or donation.
Use the Game in other ways not covered by this Agreement and beyond the normal operation of the Game.In this case, under the Normal functioning of the Game the Parties understand the functioning of the Game obtained from the website of the Game, provided for by the developer of the Game or the basic game mechanics.Violation by the User of the Licensor’s exclusive rights is grounds for termination of the rights to use the Game, including non-activated data.

Beta testing.If the User receives the rights to participate in the beta testing of the Game, the User acquires the status of a beta tester.Beta testing is conducted solely for the purpose of evaluating the software capabilities of the Game and identifying errors.At the same time, during beta testing, the User is not granted the rights and benefits specified in the Agreement.The licensor is not responsible for the events occurring in the process of beta testing. The User confirms and understands that he participates in beta testing at his own risk and that the Game may contain errors.Any commands and data can be deactivated and deleted from Accounts at any time of beta testing or after the end of beta testing, except as specified during open beta testing.

Licensor is not responsible for providing continuous access to the game during its beta testing.Any information received by the User during beta testing is confidential and is not subject to disclosure.To participate in the beta test, you must go through the authorization process and participate in person. Access to beta testing may be terminated at any time for violation of this Agreement, including the terms of the accompanying documentation posted on the Game Site.

4. USER RESPONSIBILITIES

User must:

Comply with this Agreement, including the conditions of the accompanying documentation posted on the Game Website.
Not otherwise violate the Licensor’s intellectual property rights in relation to the Game and / or any of its components.
The User guarantees that he has all the necessary powers to enter into this Agreement.
Do not use the Game if the legislation of the territory of its location prohibits the use of the Game or establishes other restrictions.In this case, the user is responsible for using the Game.
Independently take appropriate measures to ensure the security of his accounts in the game and prevent unauthorized use by third parties of these accounts.
When creating an account to provide relevant information.
Follow the instructions of the Licensor, in particular, the data given by the Licensor to the User or a group of Users in the Game, in the User Support Center, in the news section of the Game Website.In the event that the User fails to comply with such instructions, the Licensor has the right to suspend, restrict, and stop providing the User access to the Game, or to its specific part.
At the request of the Licensor to provide or confirm the information necessary to comply with the terms of the Agreement and compliance with the law.
To reimburse the Licensor, other users and other third parties any losses incurred by them in connection with the actions of the User, including due to a violation of this Agreement, intellectual property rights and other rights.
Immediately inform the Licensor of any facts of unauthorized use of the Account, hacking and other similar actions.
Comply with other requirements and fulfill other obligations stipulated by this Agreement, including the conditions of the accompanying documentation posted on the Game Site.

5. RIGHTS AND OBLIGATIONS OF THE LICENSOR

The licensor undertakes to:

Under the conditions set forth in this Agreement and the accompanying documentation posted on the Game Website, provide the User with the opportunity to participate in the Game.
Subject to the conditions set forth in this Agreement, to ensure the game process.
Notify the User by publishing information on the Game's website about changes to the terms of this Agreement.

Licensor may:

At any time without prior notice to the User unilaterally limit, expand, supplement, modify and otherwise modify the Game, any of its elements and parts, as well as make changes to related documents posted on the Game Website.
Manage the Game and game processes at its sole discretion, suspend or change the course of the game process, change the terms of the Game without prior notice to the User; for the purpose of, for example, improving or modifying gameplay or adding new data to the Game, which may lead to the termination or suspension of rights to use certain game elements and rights to non-activated data.
At any time, change, delete any information posted by the User in the Game, including his statements, announcements, etc.
At any time, suspend, restrict and / or terminate the User’s access to the Game under the terms of this Agreement, including if the User does not comply with the terms of this Agreement or related documents posted on the Game Site, or if the User detects attempts and facts of fraud. various tools and information technologies.
Make comments, warn, notify, inform Users of non-compliance with the terms of this Agreement or related documents posted on the Game Website.The User is obliged to immediately follow the instructions of the Licensor, obtained during the use of the Game.
To send to the User messages of an informational or technical nature related to the Game.
At any time, completely stop granting rights to use the Game, including rights to non-activated data.
At any time, suspend, restrict and / or terminate this Agreement unilaterally with respect to the Game for any or all users.

6. LIMITATION OF LICENSOR'S LIABILITY

The lack of responsibility for the actions of the User or third parties. Licensor is not responsible for:
1. Illegal and other actions of the User or third parties that prevent the use of the Game by other users.
2. The behavior and statements of the User in the Game, including the disrespectful attitude towards other users.
3. The loss by the User of access to the Account created by him, including due to the loss of a username, password or other necessary information.
4. Incomplete, inaccurate or incorrect indication of data by the User when creating an Account.
5. User’s lack of Internet access and quality of Internet service providers.
6. Materials of third parties, placed in the Game or on websites of third parties, available on the links from the Game.
Lack of guarantees.The user uses the Game and its components at their own risk and peril. Participation in the game, the granting of rights to use it and use its non-activated data is carried out in the “as is” state. Licensor does not guarantee that:
1. The game will meet the subjective requirements and expectations of the User.
2. Processes in the game will proceed continuously, quickly, reliably, without technical failures and errors.
3. The results that can be obtained using the Game will be error free and correct.
4. The quality of the game process, aspects of the Game, non-activated data, as well as information obtained during the use of the Game, will meet the expectations of the User.
5. The game will be available for use around the clock, at a certain point in time or for a certain period.
Limitation of liability.Licensor is not responsible for direct or indirect damage, as well as lost profits.
User or third parties as a result of:
1. 1) Use or inability to use the Game.
2. 2) Statements or behavior of third parties in the Game.
  Under any circumstances, the Licensor’s liability to the User is limited to the amount of royalties received by the Licensor from the User until the circumstances that led to the occurrence of the Licensor’s liability.
Force majeure and actions of third parties. The parties are exempt from liability for full or partial failure to fulfill obligations under this Agreement if such failure is the result of force majeure (force majeure), including riots, prohibitive actions of the authorities, natural disasters, fires, catastrophes, disruptions in telecommunications and electric networks, actions of malicious programs, and also unfair actions of third parties aimed at obtaining unauthorized access or disabling software or hardware complex.

7. ADDITIONAL PAID SERVICES AND TERMS OF THEIR USE

At the request of the User, the Licensor may provide the User with the rights to non-activated data.The user receives only access to the games that can be provided in accordance with the requirements of the License Royalty.The user has the right to use non-activated data within the limits established by the Licensor. By purchasing the Rights to non-activated data, the User obtains the rights to use the expanded functionality of the Game.

The licensor unilaterally determines the types and content of non-activated data.The licensor may at any time change the amount and volume of the proposed non-activated data, their cost, name, type and effect of use.

The user agrees that the game is not a game of chance, gambling, competition or betting.The acquisition of rights to non-activated data is the realization of the will and desire of the User.

The term of use of non-activated data. The rights to non-activated data are considered to be granted to the User from the moment the User becomes able to exercise these rights in the Account. The rights to non-activated data are granted to the User for the term of this Agreement, unless otherwise established by the Agreement or the accompanying documentation posted on the Game Website, not provided by the Game scenario, or does not follow from the nature of the non-activated data.The term of use of non-activated data is calculated from the moment of creating an entry about it in the Account and is valid until the expiration date of the premium account set by the Licensor.
The size of the fee. The amount of payment (license payment for rights to non-activated data) is determined by the Licensor unilaterally and indicated in the store (on the Game Website) or in some other form, in particular on the Internet pages of payment methods operators.The User independently and at his own expense bears all costs associated with the transfer of funds to the Licensor, including various fees and commissions of banks and operators of payment systems (including the difference in exchange rates).The provision to the User of the rights to non-activated Game data is carried out only if the User makes the corresponding payment in full. In this case, before receiving confirmation of payment in full, the Licensor has the right not to grant the User the rights to non-activated data, or to provide them in a limited amount.The User is obliged to retain documents confirming payment by them of the rights to use non-activated data during the entire time of his participation in the Game, and at the request of the Licensor to provide him with such documents, as well as information about the circumstances of the User making such payment.The size of the license payment may be changed by the Licensor unilaterally at any time without prior notice to the User.
The procedure and methods of payment.Payments are made by the User by transferring funds to the Licensor through supported payment methods.When making payments, the User undertakes to follow the instructions of the respective payment methods. The licensor is not responsible for the rejection of the User’s payment as determined by the payment method operator or as a result of an operator error. The user undertakes to provide valid data when making payments. The user independently bears all the risks of negative consequences associated with indicating incorrect data when making a payment.If, when making a payment due to a technical error, the User is granted the rights to non-activated Game data in the amount that does not correspond to the money paid, the User is obliged to immediately inform the Licensor about this.In this case, the Licensor will make all necessary efforts to provide the User with the rights to non-activated data in the amount paid by the User.
Платежные методы. По вопросам правил и порядка использования платежных методов Пользователю необходимо обращаться напрямую к операторам выбранных им платежных методов. По вопросам возврата денежных средств, уплаченных Пользователем ошибочно либо с нарушением правил платежных методов или законодательства, Пользователю необходимо обращаться напрямую к операторам соответствующих платежных методов.
Payment methods.For questions about the rules and procedures for using payment methods, the User needs to contact directly the operators of the payment methods chosen by him.For questions about the return of funds paid by the User in error or in violation of the rules of payment methods or legislation, the User must contact the operators of the relevant payment methods directly.
Consequences of illegal actions when making a payment.
The User hereby confirms that he has the right to use the payment methods chosen by him, without violating the rights of third parties and the laws of the country in which the Game is used or the payment is made.The User undertakes to compensate the Licensor, other users and other third parties for all losses incurred due to the User’s unlawful behavior, including the use of non-cash funds for payment.The Licensor reserves the right to unilaterally for any reason suspend or completely terminate this Agreement, including if the Licensor has reason to suspect the User of committing illegal actions related to the payment of license remuneration.At the same time, the Licensor is not obliged to pay such User any compensation, including reimbursement of the money spent, unless otherwise provided by this Agreement or applicable law.
Inadmissibility of acquiring rights from third parties.The rights to use the Games and the rights to non-activated data can be granted only by the Licensor, in connection with which any third-party offers (except those authorized by the Licensor) to represent the rights to use the Games or rights to non-activated data should not be regarded by the User as proposals coming from the Licensor.
Tracking account status.The User is obliged to independently monitor the status of the Account created by him, in particular with regard to the correct display of non-activated data, the rights to which were acquired by the User.
Termination of the right to use.The User understands and hereby agrees that during the gameplay the rights to non-activated data are provided until the moment of its intended use, including in connection with the implementation of the Game scenario; expiration of the rights to provide non-activated data; suspension or termination of the rights to use the Game in accordance with the Agreement or for other reasons.Termination of rights to non-activated data does not give the User any reason to require the Licensor to refund the license fee for rights to non-activated data.If, as a result of a technical error, failure or actions of the User, they received Rights to the non-activated Game data without payment, the User undertakes to inform the Licensor of this and pay the license fee due to the Licensor if the User has started using them.The licensor has the right to eliminate the consequences independently, without notifying the User and without any compensation, including the termination of the provision of rights to non-activated data by deleting the corresponding non-activated data from the Account.
Exchange.The licensor does not exchange rights to non-activated data and game elements to other rights to non-activated data, game elements, cash or non-cash money, unless otherwise expressly permitted by the Agreement.
Refund. Cash (license payment for non-activated data) paid by the User is not refundable from the Licensor to the User, even in case of suspension or termination of access to the Game or to non-activated data, or suspension or termination of this Agreement for any reason.

8. INTELLECTUAL PROPERTY RIGHTS

Exclusive right in relation to the Game. Source and object code (including activated and non-activated data and commands), gameplay, user interface, graphics, photos, animations, videos, video clips, sound recordings, sound effects, text content and game content, as well as any other game elements are or contain intellectual property, the exclusive right to which belongs to their rightful owners.The User agrees that any part and any element of the Game, its activated and non-activated data, are an integral part of the Game and are protected by law.Despite the fact that the User is granted the rights to use the Game, the use of the Game itself cannot be regarded as a transfer or assignment of exclusive rights in relation to the Game, its parts and elements, including non-activated data, from the Licensor to the User.The user also understands and agrees that all exclusive rights to the localized (translated into the appropriate language) Game belong to the rightful owners.

9. TERM, AMENDMENT AND TERMINATION OF THE AGREEMENT

This Agreement comes into force at the time of acceptance of its terms by the User and is valid for twelve (12) months.This Agreement is automatically extended for every further six (6) months, if it was not terminated by 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 Agreement.In the event of termination of the Agreement in the specified order, the Licensor does not refund any funds and does not make other refunds, including damages of any kind.
Amendment of the Agreement.This Agreement may be amended by the Licensor unilaterally.Changes take effect from the moment they are published on the Game Website.Use of the Game, or authorization in the Game after the changes come into force, means the consent of the User with such changes.The User shall not be released from the obligations provided for in this Agreement, subject to the changes made to it, if the User has not become acquainted with the changes in the Agreement.
Disagreement of the User with changes to the Agreement.If the User does not agree with the new edition of the License Agreement, he may not use the Game.In this case, the User may terminate the Agreement unilaterally within ten (10) calendar days after posting a publication about changes in the Agreement on the Game Website and / or sending an email notification.If a decision is made to terminate the Agreement, the User must notify the Licensor of the termination of the Agreement by e-mail.If during the above period of ten (10) calendar days the User has not expressed a desire to terminate this Agreement, the User shall be deemed to have accepted the terms of this Agreement subject to the changes made to it.After receiving a notice of termination from the User, the Licensor suspends the User’s access to the Account.At the same time, the Licensor does not refund any funds and does not make other refunds, including damages of any kind.
Termination of the Agreement initiated by the Licensor.
The Licensor may at any time terminate this Agreement unilaterally out of court with the termination of the use of the Game, including activated and non-activated data, as well as other components of the Game in the following cases:
1. Closing the Game. In the event of the closure of the Game, the Licensor shall, no less than sixty (60) calendar days prior to the closing date of the Game, send to the User a corresponding notification.At the same time, the Licensor does not pay any compensation and, among other things, does not refund to the User the monetary equivalent of the acquired rights to non-activated data.
2. Any, including one-time, violation by the User of the terms of this Agreement and related documentation posted on the Game Website.In this case, the Licensor does not return the funds to the User and does not pay damages.
Termination of the Agreement initiated by the User.The User has the right at any time without notifying the Licensor and without giving any reasons to terminate this Agreement unilaterally out of court by deleting the Account, or by deleting the Game itself, if this is a mobile application while preserving the obligations and liability of the User arising prior to deletion.In this case, all activated and non-activated data associated with this Account can be deleted without the right to restore.Also, the Licensor is not obliged to pay any compensation to the User.
Changes to Related Documentation posted on the Game Website.The User confirms that the Licensor has the unconditional right to unilaterally change the conditions in the Related documentation posted on the Game Website.

10. FINAL PROVISIONS

The invalidity of one or several provisions of the Agreement, recognized in the prescribed manner, entered into force by a court decision, does not entail the invalidity of the agreement for the Parties as a whole.In the event that one or several provisions of the Agreement are recognized as invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to the implied Parties when entering into and / or agreed to amend the Agreement in a manner.
All disputes of the Parties in relation to this Agreement shall be settled by correspondence and negotiations using the mandatory pre-trial (claim) procedure.If it is impossible to reach agreement between the Parties by negotiation within sixty (60) calendar days from the receipt of a written claim by the other Party, consideration of the dispute may be referred by any interested party to the court at the Licensor’s place of registration in accordance with the procedural and substantive law of the Licensor’s state of registration.
For questions related to the execution of the Agreement, please contact the email address: info@wtholding.net.
This Agreement is written in several languages. If the text of the Agreement in Russian contradicts the text of the Agreement in English and other languages (including if there is no paragraph or paragraphs in the English translation or translation into other languages), the clauses of the Agreement in Russian shall apply. This applies to all related documentation posted on the Game Website.