1. General provisions
1.1. This document is a Public Offer (hereinafter referred to as the "Offer") - an offer to individuals, legal entities, individual entrepreneurs to enter into licensing agreements with "SmartGuard Software" by full and unconditional adherence to the conditions specified in this Offer. The parties to the contract are the Licensor and the User.
1.2. A complete and unconditional acceptance of this Offer is the acceptance of the terms of the tariff chosen from the Price List of Tariffs provided that the full payment is paid to the corresponding rate of the License Fee.
1.3. Read the terms of this agreement carefully before using the product. If you do not agree with the terms of this agreement, you can not use this product. Installation and use of the product means your full agreement with all clauses of this agreement.
2. The main terms of this agreement:
COPY OF THE SOFTWARE – A copy of the product "SmartGuard Protection", which includes any documentation on the use of the product and access to the closed sections of the website www.smart-guard.eu;
"SmartGuard Protection" – The set of two software complexes: CLIENT-SIDE and SERVER-SIDE
CLIENT-SIDE – a set of DLLs and executable files (EXEs) installed in the computer game program that provide detection of the use of prohibited software and other algorithms described on the Licensor's website (Programming Language – C ++).
SERVER-SIDE – a set of files that expand the functionality of the computer game server software that make the necessary changes to the server program code to support the CLIENT-SIDE algorithms (Java / C ++ programming language, depending on the type of server software).
LICENSE – a set of one COPY OF THE SOFTWARE with a unique identifier used on one AUTHORIZATION SERVER.
AUTHORIZATION SERVER – a software package of the User providing authentication of users of one or more servers of one computer game via TCP/IP protocol, located on one predefined IPv4 address and TCP port.
The license agreement comes into force from the time of purchase or installation of the product and is valid for the entire life of the product.
3. Subject of the license agreement
3.1. The subject of this license agreement is the right to use one copy of the software product (hereinafter, the "SOFTWARE", "PROGRAM" or "PRODUCT") of "SmartGuard Protection" provided to the user by the Licensor, in the manner and on the terms and conditions set forth in this agreement.
3.2. All the provisions of this agreement apply to the entire product, as well as to its individual components.
3.3. The user is entitled to use one COPY OF THE SOFTWARE for a period paid in accordance with the procedure provided for in paragraph 5.1. of this agreement. The creation of a larger number of licenses is possible only if the cost of additional licenses is paid in the manner provided for in paragraph 5.1. of this agreement. The extension of the right to use the license is carried out in the manner provided for in paragraph 5.3. of this agreement.
3.4. The license agreement does not grant ownership of the "SmartGuard Protection" product and its components, but only the right to use a COPY OF SOFTWARE and its components in accordance with the terms and conditions specified in paragraph 3 of this agreement.
4.1. The product "SmartGuard Protection" is the property of the Licensor.
4.2. All rights of ownership and copyright for the "SmartGuard Protection" product, including documentation and source code, are held by the Licensor.
4.3. The product is protected by the legislation of the Russian Federation on the legal protection of programs for electronic computers and databases, on copyright and related rights, as well as international treaties.
4.4. In case of copyright infringement, liability is provided in accordance with the current legislation.
5.1. This agreement grants the right to install the purchased COPY OF THE "SmartGuard Protection" SOFTWARE under one game project. The user has the right to create and configure one license on the basis of one COPY OF THE SOFTWARE. Creation of a larger number of licenses is possible only if they pay their additional cost. The current price list for the purchase of additional licenses can be obtained from the Licensor.
5.2. The User has the right to use the Program in the following ways:
- To run the CLIENT-SIDE program by storing and executing it in the memory of an unlimited number of computers;
- To run the SERVER-SIDE program by storing and executing it on computers that provide a computer game server connected to 1 (one) AUTHORIZATION SERVER.
5.3. The User undertakes to pay in due time the right to use the license of the "SmartGuard Protection" program. The amount of payment is set in the price list of the Licensor.
5.4. The user can not transfer the program to third parties or distribute the program and its components, rent/lease the program and its components.
5.5. The user can not modify, add or delete any files and program code of the purchased COPY OF THE "SmartGuard Protection" SOFTWARE in accordance with the Russian Federation and international copyright law.
5.6. It is forbidden to delete any copyright information.
5.7. It is prohibited to use a COPY OF THE SOFTWARE, which contradicts the current legislation of the Russian Federation and other international treaties.
6. Responsibility of the parties
6.1. For violation of the terms of this agreement, the liability provided for by the legislation of the Russian Federation.
6.2. The Licensor shall not be liable to the User of the "SmartGuard Protection" product for any damage, loss of profits, information or savings related to the use or inability to use the product, even in the event of prior notice of the possibility of such damage, or for any claim by a third party.
7. Limited warranty
7.1. The Licensor provides warranty services for the software product for the entire duration of the license. All the provisions of this clause apply only during the period of warranty service.
7.2. If errors are found when using the "SmartGuard Protection" product, the Licensor agrees to correct them as soon as possible. The parties agree that an accurate determination of the time of elimination of an error can not be established, since the software product closely interacts with other third-party programs, the operating system and hardware resources of the user's computer, and the operability and time of problem elimination are not completely dependent on the Licensor.
7.3. In the event of non-compliance with any of the clauses in section 5 of this agreement, the user automatically loses the warranty and the right to technical support and updates.
7.4. In the event that the user modifies the product or uses it in conjunction with software not included in the list of supported products, the Licensor does not guarantee the uninterrupted operation of the program and the correct installation of updates, the user automatically loses the right to technical and warranty service. A list of supported software is available from the Licensor.
8. Technical support terms
8.1. By purchasing the product "SmartGuard Protection" the user is entitled to free use of the technical support services of SmartGuard Software. All the provisions of this clause apply only during the duration of the license. The extension of the right to use the license is carried out in the manner provided for in paragraph 5.3. of this agreement.
8.2. Technical support includes the elimination of errors in the software product "SmartGuard Protection", identified during the warranty period, consultations by business e-mail during the warranty period on working days (excluding weekends and non-working holidays of the Russian Federation).
8.3. The user of the product «SmartGuard Protection» can receive new versions of the product for free, changes to modules, software components, examples of implementation of certain interfaces to the product, updates to product.
9. License fee
9.1. The license fee represents a subscription fee according to the chosen tariff and is paid in the amount and in the order established by the Licensor's Price List.
10. Change and termination of the agreement
10.1. In the event that a user fails to comply with one of the above provisions, the Licensor is entitled to unilaterally terminate this agreement by notifying the user.
10.2. Upon termination of the agreement, the User must stop using the product and remove the entire product copy.
10.3. The user can terminate this agreement at any time by completely removing the "SmartGuard Protection".
10.4. If the court recognizes any provisions of this agreement as invalid, the Agreement continues to operate in the rest. This license agreement also applies to all updates provided to the user in technical support unless the user is requested to review and accept a new license agreement or additions to the current agreement when updating the software product.