This legal Agreement, and any new versions, between RaidCall and You, covers all your use of RaidCall Software from any terminals where RaidCall Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by RaidCall.
USE OF RAIDCALL SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
RaidCall refers to the VoIP (Voice over Internet Protocol) software operated by Koram Games Limited (Company NO.1415564), which is established under the laws of Hong Kong.
"Software" means the client software identified above and any associated media, printed materials, and online or electronic documentation, including any updates or supplements provided to you by RaidCall.
Ownership rights and intellectual property rights in and to the RaidCall Software and any and all copies thereof are owned by RaidCall and/or its licensors. All rights reserved, except as expressly stated herein. The RaidCall Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The RaidCall Software contains certain licensed materials and its licensors may protect their rights in the event of any violation of this Agreement.
Subject to the terms of this Agreement, RaidCall hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the RaidCall Software on Your computer. You are allowed to use the RaidCall Software for online gaming, education as well as business in accordance with this Agreement.
All upgrades, updates or enhancements of RaidCall software shall be deemed to be part of RaidCall software and will be subject to this Agreement.
5.1 Effective Date. The date on which this Agreement is entered into by clicking on the I Agree button as stated above or upon installation or use of the RaidCall Software by You, whichever occurs earlier.
5.2 Termination. RaidCall may terminate this Agreement and the license granted herein upon one (1) month prior notice to you for any reason or immediately upon breach of any provision of this Agreement. You may terminate this Agreement by destroying all copies of Software in your possession or control, in whatever form or media, and deleting the Software from your computers.
5.3 Acts Upon Termination. Upon termination, you agree to immediately discontinue use of and destroy all or partial copies of Software, in whatever form or media, and to delete the Software from your computer libraries. You agree to take all steps as may be reasonably requested by RaidCall to ensure that the Software on your computers has been removed.
5.4 Effect of Termination. Termination of this Agreement shall not block RaidCall from seeking any other remedy it may have available against you for breach of this Agreement.
5.5 Denial of Service. RaidCall expressly reserves the right to temporarily or permanently deny service without notice at any time. RaidCall will immediately deny service for: (i) use of any unauthorized tool or software; and/or (ii) use of any server or client that RaidCall determines in its sole discretion to be improper, including but not limited to use of any server or client that is fraudulent, "hacked," and/or alternate.
You represent and warrant that you will not violate any of the terms and conditions set forth in this Agreement and that:
a. You will not: (I) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from RaidCall software; or (II) use, copy, modify, alter, or transfer, electronically or otherwise, RaidCall software or any of the accompanying documentation except as expressly permitted in this Agreement; or (III) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to RaidCall software whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement.
b. You will not use RaidCall software to engage in or allow others to engage in any illegal activity.
c. You will not engage in use of RaidCall software that will interfere with or damage the operation of the services of third parties by overburdening or disabling network resources through automated queries, excessive usage or similar conduct.
d. You will not use RaidCall software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
e. You will not transfer RaidCall software or utilize RaidCall software in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties unless you obtain prior written consent from RaidCall to do so.
RaidCall's current privacy statement is available at http://www.raidcall.com.ru/privacy.php (the "Privacy Statement"), which is incorporated by this reference.
All terms in this agreement relating to ownership, updates and new versions, software user limitation shall be governed and construed in accordance with the laws of the State of Texas. United States. You hereby submit and waive any objection to the jurisdiction and venue of the state and federal courts of Texas.
RAIDCALL PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. RAIDCALL, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "RAIDCALL PARTIES") MAKE NO WARRANTIES. THE RAIDCALL PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. RAIDCALL MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
IN NO EVENT SHALL ANY OF THE RAIDCALL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RAIDCALLOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement and any operating rules for RaidCall established by RaidCall constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.