Licence

All GrowinGame’s training games come with the licence. Below, you can read the terms of both the Personal and the Corporate Licence.

Basic Definitions

Licensor:
GrowinGame Sp. z o.o., Poland, 10-602 Olsztyn, ul. Wincentego Pstrowskiego 14B/4, EU VAT PL7393886925, supplying training games through the www.growingame.com service, hereinafter “GrowinGame”.

Licensee:
The rightful acquirer of the “…” training game purchased through (or downloaded from) the www.growingame.com Internet service, named in the footer of these presents, hereinafter the “User”.

Licence:
These presents and the provisions hereof.

Documentation:
All and any materials constituting the training game, in particular the instruction and explanatory notes concerning the use of the game and the instructions and texts to be printed and handed out to the players.

§1 Object of Licence

  1. The object of the Licence is the “…” training game and its Documentation, hereinafter jointly referred to as the “Product”.
  2. GrowinGame is the owner of the author’s economic rights in the Product.
  3. The object of the Licence enjoys the protection stipulated in the provisions of the copyright law and the transfer of ownership of a copy of the Product (to the User) shall not result in the transfer of the author’s economic rights in the work.
  4. GrowinGame allows the User to use the Product subject to the terms and conditions of this Licence.
  5. The purchasing (or downloading) of the Product means irrevocable acceptance of this Licence and makes the terms and conditions of this contract legally binding.
  6. GrowinGame does not authorize the User to sublicense the Product.

§2 User Rights and Duties

  1. The User may use the Product repeatedly and without any time limit, for the user’s own purposes, in accordance with its functionality. The user may not disseminate duplicates of the Product against payment.
  2. The User may not lend, lease, disseminate free of charge or make the Product available to the public.
  3. The User may duplicate selected parts of the Product, only for the purpose of providing them to the participants of educational activities personally conducted by the User, excluding distance education. This right concerns only those parts of the Product which are indicated in the Documentation as gaming materials to be printed out for the game participants. This right does not concern e-learning courses or any other forms of distance educational activities.
  4. It is the User’s duty to protect the User’s own copy of the Product against unauthorized duplication by third parties.
  5. The Product and every part thereof contains the note “© GrowinGame.com” and information concerning the Licence. The User is under an obligation to ensure that every copy provided to the training participants contains the above notes without any alteration. The User may supply such copies with the User’s own trademark.
  6. The User may modify the Product only for the User’s own use, except for the notes referred to in §2.5 above. The User may duplicate the modified Product only under the same rules as those concerning the Product supplied by GrowinGame and described herein. The user may not disseminate the modified Product, whether free of charge or against payment.
  7. Should the Product be modified as stipulated in §2.6 above, it is the User’s duty to supply the duplicates stipulated in §2.3 above with an easily noticeable note informing of the modification made.
  8. In the event of the Product being purchased with a Personal Licence, the footer of every page of the Documentation shall contain the first name and surname of the rightful User. The User may not lend the Product for use or make it available to any third parties for the purpose of it being used on behalf of the User.
  9. In the event of the Product being purchased with a Corporate Licence, the footer of every page of the Documentation shall contain the company name of the rightful User. Such a User may lend the Product for use free of charge and make it available to a third party, hereinafter the “Executor”, for the purpose of the Product being used on behalf of the User, provided that all the following conditions are met:
    1. the duplicates stipulated in §2.3 above show the name of the User, confirming the relationship between the Executor and the User,
    2. the User and the Executor have signed a contract in any legal form, confirming the Executor’s right to conduct educational activities on behalf of the User,
    3. the User have ensured that the Executor is aware of the provisions of this Licence, accepts them and undertakes to comply with them,
  10. The Executor shall not acquire any rights in the Product, except for those stipulated in §2.3 above.

§3 Transfer of Licence Rights

  1. The User may not resell /assign/ the User’s rights under the Licence to any other entity.
  2. The User agrees to a transfer by GrowinGame of all the Licensor’s rights under this Licence to another entity provided that the User’s rights and duties towards the new Licensor remain unchanged.

§4 Breach of Terms and Conditions of Licence

  1. A breach by the User of any terms and conditions of the Licence shall render the Licence null and void, all the User’s rights under the Licence being forfeited, and moreover as a result of the breach:
    1. it shall become the User’s duty to destroy or return all copies of the Product in the User’s possession /with no right to a refund of the sale price/,
    2. GrowinGame shall have the right to claim financial compensation in the amount equivalent to the full amount of the loss incurred.
  2. If a court decision or any other circumstance or force majeure should force the User to act contrary to the provisions of this Licence, the User shall be under an obligation to stop using the Product.

§5 Exclusion of Liability

  1. GrowinGame shall not be held financially liable for any damage or loss incurred by the User in connection with using the Product covered by the Licence.

§6 Miscellaneous

  1. Should any provision of this Licence become invalid or unenforceable under the law currently in force, it shall have no effect on the validity and enforceability of the other provisions or the Licence as a whole.
  2. Any matters not regulated by this Licence shall be governed by the regulations and international agreements on copyright as well as other legislation and international agreements on protection of rights in intangible goods, in particular the provisions of the Civil Code and the Act on Copyright and Related Rights.
  3. Any court disputes concerning the interpretation of this Licence which might arise between GrowinGame and the User or between GrowinGame and the Executor shall fall within the exclusive competence of the court with jurisdiction over the registered office of GrowinGame.
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