PLEASE READ THIS CLOSED BETA TEST PARTICIPATION AGREEMENT CLOSELY.
This Closed Beta Test Participation Agreement («Agreement») along with the Apple Inc. Terms and Conditions describe the terms and conditions by which UAB Qumaron offers you access to play the FLYING EMPIRE pre-release version («FLYING EMPIRE »)
By processing to your TestFlight Account and accessing the FLYING EMPIRE, you agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION, DO NOT DOWNLOAD, OPEN, INSTALL OR USE THE FLYING EMPIRE.
Please note that you are accessing theFLYING EMPIREbeta version meaning it is still undergoing final testing before its official release. TheFLYING EMPIREis believed to contain defects, bugs, lack of functionality and other problems. The sole purpose of this beta testing is to obtain feedback on theFLYING EMPIREperformance. TheFLYING EMPIREis therefore provided on “as is” and “as available” basis”. Qumaron does not give any warranties, whether express or implied, as to suitability or usability of theFLYING EMPIRE. YOU ASSUME ALL RISKS AND COSTS ASSOCIATED WITH THIS TESTING. Qumaron SHALL NOT BE LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE FLYING EMPIRE BETA TESTING TO THE EXTENT PERMITTED BY THE APPLICABLE LAW.
BETA-SOFTWARE PRODUCT SUPPORT
Qumaron is under no obligation to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in theFLYING EMPIREwill be corrected.
As a part of this beta testing Qumaron will provide you with the opportunity to submit bug reports, questionnaires, enhancement reports, issue reports and/or support information (collectively “Feedback”). Qumaron may request this information from you via email, web questionnaires, bug forms and other mechanisms. If you provide such Feedback to Qumaron, you shall grant Qumaron the right to use any Feedback you provide for any purpose.
LICENSE GRANT AND RESTRICTIONS
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of theFLYING EMPIRE, including translation or localization; (b) copy theFLYING EMPIREexcept as provided in this Agreement; (c) sublicense or permit simultaneous use of theFLYING EMPIREby more than one user; (d) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for theFLYING EMPIRE; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in theFLYING EMPIRE; (f) publish any results of theFLYING EMPIREbeta testing to a third party without Qumaron prior written consent and you are subject to license grant and restriction terms set forth in the Burstly Inc. Terms of Service.
TERM OF THIS AGREEMENT.
Your rights with respect to theFLYING EMPIREbeta will terminate upon the initial commercial release by Qumaron of theFLYING EMPIRErelease version.Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to Qumaron or destroy all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
This Agreement will be governed by and construed in accordance with the laws of the Republic of Lithuania excluding its conflict of laws provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The parties further submit all litigations arising out of this Agreement to the competent court of the Republic of Lithuania.