SENET License Agreement

BY USING THIS SOFTWARE, YOU ACKNOWLEDGE YOUR AGREEMENT TO FOLLOW THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THE LICENSE, DO NOT INSTALL/USE THIS SOFTWARE.

IF YOU AGREE WITH THE TERMS OF THE LICENSE IN EACH LICENSE PURCHASE, YOU ARE ELIGIBLE TO BE GRANTED THE BELOW MENTIONED RIGHTS IN ACCORDANCE WITH TERMS AND RULES SPECIFIED IN THIS DOCUMENT.

  1. General Statements
    1. The SENET software, as well as any software, documentation, interfaces, content, and any third-party data, that are included in this License regardless of their form (hereinafter collectively referred to as “SENET” or “Software”) are not sold to you but are provided to you under the license as defined by the Enestech Software Corporation (hereinafter referred to as the "ENESTECH"), a company incorporated under the laws of the State of Delaware , the USA, EIN 83-125-6337 having its registered office at 8 THE GRN STE 5172 ,DOVER DE 19901-3618 solely for the use under this License. ENESTECH is the Licensor of SENET and remains the owner of SENET and retains all rights except of the rights directly granted to you. SENET is intended to be used in the computer games and entertainment industry.
    2. You as the Licensee and the user of SENET can be an individual regardless of the country of residence or a legal entity regardless of the country of registration.
    3. You may use the software in spite of this limitation only as expressly permitted in this agreement, except cases where the applicable law grants you more rights. At the same time, you must comply with all technical limitations in SENET that allow the use of software in a certain way. You have no right to:
          • disclose the results of any evaluation of the software performance to the third parties without the prior written consent of SENET Software;
          • attempt to circumvent technical limitations in the software;
          • explore, decompile or disassemble the software, unless expressly permitted by the applicable law, despite this limitation;
          • publish software allowing other people to copy it;
          • provide software for rent, lease or temporary use (not to be confused with the SENET software as part of/for the services you provide to the third parties);
          • transfer the software to a third party including any of its sublicenses or other activities equally defined as a transfer.
    4. ENESTECH provides access to future software updates or upgrades. Access to updates is open to all active Licensees. Updates and upgrades of SENET if available, do not necessarily include all existing software functions or new features that the ENESTECH releases for SENET and which ENESTECH can implement separately as additional features for an additional fee. The terms of this License apply to any updates or upgrades created by ENESTECH for the original version of SENET, unless a separate license is required for such an update or upgrade, in that case you agree that the license terms for this update or upgrade will apply.
  2. Volume of the license
    1. License. In accordance with the terms and conditions of this License, you are granted a limited non-transferable non-exclusive term license to install and use SENET on any devices owned or controlled by you. You can use SENET and its features simultaneously or separately on any available number of devices that you own. By using SENET, you consent that ENESTECH may transfer, collect, store, process and use information about user activities when working with the software including information on the frequency of using certain features, types, time and subject of using the software for statistical and analytical purposes in order to subsequently improve the software. Such information is used solely as a set of impersonal information without identifying specific users and individuals, therefore, as information that does not identify the individual and is not personal data. ENESTECH does not process personal data, if the Licensee, within the framework of using the software, collects personal data about his/her end users, the Licensee is responsible for complying with all applicable legal requirements towards working with personal data, including, but not limited to, obtaining end user consent for processing his personal data.
    2. System requirements. SENET only functions on equipment that meets certain system requirements specified in the Terms of Use. In order to use SENET, you will need access to the Internet which you will have to arrange on your own. The basic technical processes of connecting your computer periphery to the Internet as well as installing the operating system, creating the aforementioned periphery, connecting monitors and other interface elements is your responsibility and does not belong to ENESTECH’s area of responsibility.
    3. Content. The legal status and copyright with respect to any data displayed or accessible via SENET belongs to the owner of this data. This information may be protected by copyright or other laws and international agreements on intellectual property rights, which means you will need to comply with these requirements independently. Except for cases provided by this License:
      1. this License does not grant you any rights to use such materials and does not guarantee that these materials will be available to you in the future, and
      2. you are not entitled to use, extract or distribute for commercial or other purposes any photographs, images, graphics, artwork or similar resources contained or being part of SENET, or otherwise use such materials beyond their original context as part of SENET.
    4. Prohibition on revealing the system code. You are not entitled to, and consent not to perform or allow others to copy (except as expressly authorized by this License Agreement), decompile, open the system code, disassemble, extract the source code, de-encrypt, modify and create other projects based on SENET as well as any services provided by SENET and any of its parts (except in cases where the above mentioned restrictions are prohibited by the applicable law, solely within the scope of such prohibition as well as except for cases when such actions are permitted by the provisions of the license governing the use of open source components that are included in SENET).
    5. Compliance with the laws. You consent to use SENET in accordance with the applicable laws of the United States of America (USA) as well as the local imperative law of the country or region in which you reside or are registered (depending on whether you are an individual or legal entity, respectively) or in which you download or use SENET, if such legislation, by virtue of its imperative nature, should be applied.
    6. Third party software. For ease of use, ENESTECH may provide access to certain third-party software or services. In cases where SENET contains or provides access to third-party software or services, ENESTECH does not have any express or implied obligation to provide technical or other support for such software or services. For technical support and customer service related to such software, services and products, please contact the appropriate software vendor or developer or service provider directly.
    7. Obligations and restrictions when using the software. You are obliged not to use SENET in any way that would cause harassment, insult, stalking, threats, defamation or infringement of rights of the third parties and ENESTECH is not liable for such use of SENET by you or any messages containing harassment, threats, defamation, offensive or unlawful language that you may receive while using the software. ENESTECH reserves the right to modify, suspend, remove or block access to any services and materials at any time without prior notice. Under no circumstances shall ENESTECH be liable for the removal or blocking of access to any of such services. ENESTECH can also at any time and without notice set a limit on using or accessing certain services and is not responsible for such action.
  3. Data Protection
    1. The Licensee shall comply with the data protection laws applicable to it in connection with this License, and shall not cause ENESTECH to breach any of its obligations under applicable data protection laws.
    2. The Licensee is aware that while using SENET it/he will collect and process personal data of end users such as: nicknames, passwords, ip addresses, telephone numbers, and other personal data if it is required by laws in the jurisdiction of the Licensee (“Personal Data”).
    3. The Licensee is aware and agree that SENET is based on a cloud service Microsoft Azure or other cloud services where Personal Data shall be stored. Іn this regard the Licensee shall accept Microsoft Privacy & Cookies and Terms of Use for Microsoft Azure https://docs.microsoft.com/en-us/azure/ . Also SENET can be hosted by another web services different from Microsoft Azure, and the Licensee shall accept privacy policies of such the web services.
    4. The Licensee has been informed and has agreed that Microsoft Azure has access to Personal data and ENESTECH is not responsible for any disclosure of personal data by Microsoft Azure in cases strictly specified by the applicable laws.
    5. Where the Licensee processes Personal Data (in this case the Licensee shall be considered as the "Processor") in connection with this License, the Licensee shall:
      1. process the Personal Data under the rules set by the laws of Licensee’s jurisdiction;
      2. not publish, disclose or divulge any of the Personal Data if other specified by applicable laws;
      3. only grant access to the Personal Data to persons who need to have access to it for the purposes of this License;
      4. ensure that all persons which or who the Licensee grands access to the Personal Data are reliable, trustworthy and suitably trained on data protection laws and as a result are aware of the Processor’s duties as a processor and their personal obligations with regards to this License and data protection laws;
      5. as a minimum, take all measures and provide a written description of, and rationale for, each of the technical and organisational measures implemented, or to be implemented, to:
        1. protect the Personal Data against unauthorised or unlawful processing and accidental loss, destruction, damage, alteration or disclosure; and
        2. detect and report Personal Data breaches within good time;
      6. not engage another processor (a “Sub-Processor”) to process the Personal Data on its behalf;
      7. notify ENESTECH within five business days if it receives any communication from a third party relating directly or indirectly to the processing of the Personal Data, including but not limited to requests to exercise rights under data protection laws, complaints or general correspondence and shall provide ENESTECH with a copy of any such communication. The Licensee shall not take action in relation to such communication, unless compelled by law, without the ENESTECH’s prior approval, and shall comply with any instructions ENESTECH gives in relation to such communication;
      8. taking into account the nature of the processing Personal Data and so far as is possible, assist ENESTECH with the fulfilment of ENESTECH’s obligations under data protection laws;
      9. taking into account the nature of the processing and the information available to the Licensee, assist ENESTECH in ensuring compliance with data protection laws including compliance with the GDPR. Such assistance shall include, but shall not be limited to:
        1. notifying ENESTECH immediately upon discovering a Personal Data breach, providing all information it has, or reasonably should have, in relation to the Personal Data breach, so that ENESTECH is able to satisfy its obligations under Articles 33 and 34 of the GDPR and is able to properly investigate the Personal Data breach;
        2. assisting in the risk assessment of the processing of the Personal Data which the Licensee carries out under this License;
      10. at the ENESTECH’s option, delete or return to ENESTECH the Personal Data, and procure that any party to whom the Licensee has disclosed the Personal Data does the same:
      11. when ENESTECH instructs the Licensee to do so, in which case the Licensee shall be excused from its obligations under this License to the extent that such action prevents it from complying with those obligations; or
      12. after the termination of this License which involve processing the Personal Data, such obligation to include deleting or returning all copies of the Personal Data, unless applicable law requires the Licensee to retain the Personal Data. Where ENESTECH requests the return of Personal Data, the Licensee shall use all reasonable endeavours to ensure it is in the format and on the media specified by ENESTECH;
      13. omply with any instructions of ENESTECH to modify the Personal Data, or restrict its processing, and procure that any party to whom the Licensee has disclosed the Personal Data does the same;
      14. store the Personal Data in a structured, commonly used and machine readable format;
      15. not transfer Personal Data outside of its/his jurisdiction without the prior notice sent to ENESTECH.
      16. make available to ENESTECH all information necessary to demonstrate compliance with this License insofar as it relates to data protection; and
      17. allow ENESTECH, or its external advisers, to inspect and audit the Licensee’s data processing activities to enable to ENESTECH to verify and procure that the Licensee is in full compliance with its obligations under this License insofar as it relates to data protection.
    6. Notwithstanding anything in this License, information provided by the Licensee to ENESTECH may be disclosed by ENESTECH if requested or required generally or specifically by applicable law, a court of competent jurisdiction, or an authorized state body for the purposes of responding to a claim, request for information, inquiry or investigation.
  4. Termination
    1. You are deprived of the rights granted to you by this License automatically and without notice from ENESTECH in the event of violation of any of the terms of this License. In the event of termination of this License, you must terminate any use of SENET and destroy all complete or partial copies of SENET. In this case, all clauses of this License containing the provisions applicable hereafter shall survive any termination.
  5. Limitation of warranties and liability
    1. You fully recognize and agree that, in accordance with the current legislation, you use the SENET at your own risk as well as acknowledge that you are responsible for the proper quality and result of its use. The SENET is provided to the maximum extent permitted by the law on terms "AS IS" and "AS AVAILABLE", with all deficiencies and without warranties, except as provided for by this License or by the Public Offer. ENESTECH does not guarantee your satisfaction with the use of SENET, its compliance with your personal requirements towards the features contained in the Software, the compatibility or operation of the SENET with third-party software, applications or services. Installation of the SENET may affect the ability to use third-party software, applications or services. ENESTECH bears no responsibility for software, applications, materials and any third-party content that you may and/or will use in conjunction with or through the SENET as well as for the eligibility or methods of this usage. You acknowledge that the SENET is not intended and not suitable for use outside the gaming industry which is the sphere of computer games and entertainment as defined in clause 1.1. of this License.
    2. In all cases not restricted by the current law, ENESTECH is not liable for any damage to an individual or any incidental, special, indirect or other implied damage including, but not limited to, loss of profits, damage or loss of data, inability to send or receive any data, interruption in business activity or other business loss or damage arising from or in connection with the use or inability to use SENET. In any case, the total liability of SENET to compensate you for all losses you have incurred (unless otherwise provided by the provisions of the applicable mandatory law in the minimum amount required by these provisions) is limited to an amount of USD 30 (thirty).
    3. This License is the entire agreement between you and ENESTECH with regards to the use of SENET and supersedes all prior or temporary agreements of the parties on the subject matter.

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