YOU AGREE TO BE BOUND, COMPLY WITH AND CONSENT TO THE PROVISIONS OF THE EULA THROUGH YOUR ACT OF DOWNLOADING, INSTALLING, USING OR OTHERWISE ACQUIRING ACCESS TO THE SOFTWARE. THEREFORE CYENS URGES USERS TO CAREFULLY READ AND UNDERSTAND THE AGREEMENT. IN THE EVENT THAT YOU DO NOT AGREE WITH THE AGREEMENT, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE SOFTWARE.
1.1. This Agreement sets out the basis on which the software application or any of its parts, its associated programs, upgrades, patches, and updates, related services and any other content which may require download that will allow downloading and/or access to the software application (the “Software”) is made available to you (the “User” or “You”) and constitutes and governs the entire contractual relationship between You, and CYENS – CENTRE OF EXCELLENCE LIMITED (the “CYENS”). The Software provided to You is owned by CYENS, and the User acknowledges that no right of ownership or title in the Software is granted, passed on, or conferred to the User.
2.1. By downloading, installing, accessing or using the Software You are obtaining from CYENS and CYENS grants to You a license, to use the Software, that is:
• Not exclusive
• Not transferable or assignable
• Revocable
• Limited
• Personal
• For a non-commercial purpose
• Not accompanied with any rights to sub-license
• Open for termination if You attempt to circumvent the protection measures taken by CYENS for the Software or You use the Software in breach of the Agreement or applicable law.
2.2. The license will be valid and effective from the day You install the Software.
3.1. You have a limited right to use the Software. You cannot, directly or indirectly:
• Copy
• Adapt
• Create derivative works of
• Display
• Lease
• Transfer
• Assign
• Rent
• Lease
• Sub-license
• Translate
• Seek to disable
• Distribute
• Reproduce
• Market
• Exploit
• Perform
• Publish
• Modify
• “Tinker”
• “Reverse engineer”
• Integrate into another software/hardware
• Decompile
• Disassemble
• Derive source code from
this Software.
3.2. You also cannot upload the Software to a network where it may be or become available to be downloaded and/or used and/or accessed and/or installed and/or shared by multiple users.
3.3. You also agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code in the Software.
3.4. You cannot change or edit or use or display any logos, trademarks and service marks or legal notices, that appear in the Software, in any manner.
4.1 All ownership rights, title intellectual property rights in and to the Software (including, without limitation, all data, text, graphics, sounds, messages or items of information, themes, objects, effects, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Software, individually or in combination) and any and all copies thereof are owned by CYENS or its licensors, to the extent applicable. The Software is protected by applicable copyright and other laws. Except as expressly set forth in the Agreement, all rights not granted hereunder to You are expressly reserved to and by CYENS.
5.1. In exchange and as consideration for using the Software, You agree to credit CYENS alongside or on any public or published outputs created using the Software. In particular:
5.1.1. The following text should be used when crediting use of the Software.
“Credited to ‘The Dragon Game’ developed at the CYENS – Centre of Excellence Limited. Find out more about ‘The Dragon Game’ at https://heartlandoflegends.com/”
5.2. In exchange and as consideration for using the Software, you give CYENS an
• Exclusive
• Perpetual (Eternal)
• Unlimited
• Irrevocable
• Totally transferable
• Sub licensable
worldwide right, license, and authorisation to use Your contributions for any purpose CYENS sees fit and appropriate, including, but not limited to:
• Reproducing
• Copying
• Adapting
• Modifying
• Performing
• Displaying
• Publishing
• Broadcasting
• Transmitting
any contributions or feedback that you may provide to the development of the Software.
6.1. CYENS reserves the right to amend and/or vary the Charges from to time to time at its absolute discretion and inclusion of such amended and/or varied Charges in the downloading and/or installation procedure of the Software shall be deemed as sufficient and/or good notification of such amended and/or varied Charges and no further notification shall be required from the part of CYENS in order for such amended and/or varied Charges to be in full force and effect.
7.1. When using this Software CYENS may collect, process, store and transfer non-personally identifiable information, which may include, inter alia, IP address, usage statistics, operating system and hardware specifics.
7.2. This data may be collected, processed and disclosed by CYENS and shared with third parties.
7.3. This data may be used by CYENS to improve products and services associated with the Software, and may be used by CYENS for technical protection measures such as the provision of Software updates.
8.1. The Agreement is valid and effective from the date You install the Software until terminated according to its terms.
8.2. If you fail to follow, or violate any terms of the Agreement or misuse and/or conduct any fraudulent activity whilst using or through the Software, the EULA and the license (or lease) granted to You under the Agreement shall be automatically terminated without any prior notice from CYENS.
8.3. Termination of the Agreement as aforesaid does not obligate CYENS to reimburse and/or return to the User any payments that the User has made to CYENS for the purpose of downloading, installing, using or otherwise accessing the Software.
8.4. Upon termination, you MUST immediately uninstall and stop using the Software and destroy all copies of the Software You have in Your possession.
8.5. Sections 6 – 11, both inclusive, of the Agreement will be effective and will survive termination of the Agreement and will continue to bind CYENS and the User.
9.1. CYENS does not give you any warranty of any kind in relation to the Software. The Software is provided and/or supplied to You on an “as is” and “as available” basis, including any and all faults and, to the fullest extent permitted by applicable law, without any warranty of any kind. Therefore, Users acknowledge that the Software may not meet their individual preferences and expectations.
9.2. CYENS disclaims any express or implied warranties of safety, freedom from viruses, freedom from bugs, legality and/or reliability of information, data or materials. CYENS does not warrant that the performance of Users’ personal computers or other devices is adequate to use the Software. Users are advised to determine in advance whether their computer system meets the requirements of the Software. CYENS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Software, any hyperlinked website, or any website or mobile app featured in any banner or other advertising.
9.3. When You use the Software, you acknowledge and agree that CYENS will in no case be blamed and/or be held liable for any problem that the Software causes to Your computer or electronic device.
9.4. CYENS makes no warranty, representation or guaranty that the Software will be available to You without interruption or will be free of defects, problems or errors, or that any defects, problems or errors will be corrected.
9.5. No oral (spoken) or written advice provided by a representative of CYENS will create a warranty, representation or guaranty of any kind under any jurisdiction.
10.1. CYENS will not, except in respect of death and personal injury caused directly and solely by the gross negligence and/or willful misconduct of CYENS, be liable whether under contract, tort or otherwise, towards You for any loss, cost, expense or any other damage of whatsoever kind, description or nature that You may suffer or might have suffered by reason of Your use or inability to use the Software. CYENS shall further not be liable against You in respect of any loss, cost expense or other damage of whatsoever kind, description or nature arising by reason of force majeure, namely circumstances beyond the control of CYENS which include (but are not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, pandemic, civil commotion or civil authority, acts of local government and parliamentary authority.
10.2. You understand and agree that those parts of the Agreement that limit the liability of CYENS are of essence and they will apply in case of a dispute.
10.3. You will indemnify and keep CYENS, its officers, employees, contractors, subcontractors, agents, consultants and other representatives (the “Indemnified Persons”) indemnified and harmless from and against all losses, liabilities, criminal and/or civil, harms, injuries, death, damages, costs, charges, expenses whatsoever, including, without limitation, attorney fees, arising, directly or indirectly, through, inter alia, claims, demands, proceedings and/or other actions incurred by, or instituted against any of the Indemnified Persons out of or in connection with the use by You of the Software, except to the extent that such loss, damage costs, claims, demands or proceedings resulted directly and solely by the gross negligence and/or willful misconduct of CYENS.
11.1. Each of the provisions of the Agreement is severable. If any part of the Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the remaining provisions of the Agreement shall not in any way be affected or impaired and will still be applicable (and may be amended to achieve the intended effect of the part that proves to be unenforceable).
11.2. CYENS shall have the right to alter and/or, at any time and from time to time, at its sole and absolute discretion the Agreement, as CYENS deems appropriate and publish amended versions of the Agreement within the Software. You shall be deemed to have accepted these changes (i) unless you have notified CYENS of your objection to such changes within thirty (30) calendar days from the day the amended Agreement is published within the Software; or (ii) if you use the Software after the changes have been published. In case you object to any changes as aforesaid, CYENS will have the right to terminate the Agreement as well as the license granted to You hereunder with fourteen (14) calendar days’ notice.
12.1. The Agreement is governed by and shall be construed in accordance with the laws of Cyprus.
12.2. Each of the User and CYENS will use its best endeavours to resolve any dispute arising under or in connection with the Agreement. In the event that an agreement is not reached, the matter shall be referred to the Chief Innovation Officer of CYENS (the “CIO”). If the dispute subsists, the CIO shall refer the same before the Executive Committee of CYENS for discussion and resolution and if an outcome agreeable by the User and CYENS is not reached the matter shall be brought before the Board of Directors of CYENS for discussion and resolution. In case where, after completion of the aforesaid process, no amicable solution is reached between the User and CYENS with regard to a dispute, either the User or CYENS may refer the matter before the courts of Cyprus, which shall have exclusive jurisdiction to finally resolve any disputes between the User and CYENS.