This document applies to PRAELUDIUM mobile app, developed by Sealed Book Ltd. We’ve tried to keep text simple, so we hope you will take a time to read it carefully.
We made PRAELUDIUM with your privacy in mind, so we do not collect personally identifiable information about you. In other words, we do not collect information such as your name, address, phone number, email address or precise geographic location. The application requires network permissions in order to download and show advertising media like videos, images and text.
End User License and Warranty Agreement issued by Sealed Book Ltd, with headquarter in Plovdiv, Bulgaria.
You should carefully read the following License and Warranty Agreement before downloading, installing or using PRAELUDIUM App. If you do not agree with the terms of this license Agreement, you may not download, install or use this software.
This game software program (“PRAELUDIUM”), any online or electronic documentation, and all copies are the copyrighted work of Sealed Book Ltd and its suppliers. All use of the PRAELUDIUM is governed by the terms of this End User License and Warranty Agreement (“Agreement”).
The PRAELUDIUM App is solely for use according to the terms of the Agreement. Any use, reproduction or redistribution of our PRAELUDIUM software not in accordance with the terms of the Agreement is expressly prohibited.
- Limited Use License
Sealed Book Ltd, hereby grants, and by downloading, installing and using PRAELUDIUM you thereby accept, a limited, non-exclusive license and right to install the PRAELUDIUM (“License”). The PRAELUDIUM is licensed, not sold. Your License confers no title or ownership in the PRAELUDIUM.
All right, title, interest and ownership rights in the PRAELUDIUM and any copyright, design right, database right, title right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered), other intellectual property rights (together “Intellectual Property Rights”), and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights and any related documentation) are owned by, belong to and vest in Sealed Book Ltd or its licensors. The PRAELUDIUM is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The PRAELUDIUM may contain certain licensed materials and Sealed Book Ltd’s licensors may act to protect their rights in the event of any violation of this Agreement. All trademarks are the property of their respective owners.
- Limitations of License
3.1. You are entitled to use the PRAELUDIUM as described in paragraph 1 (Limited Use Lisence), but you are not entitled to:
– sell, distribute or otherwise transfer copies or reproductions of the PRAELUDIUM to other parties in any way, nor to rent, lease or license the PRAELUDIUM to others without the prior written consent of Sealed Book Ltd; or
– use, copy, transfer or distribute the PRAELUDIUM or part of it other than as permitted by this Agreement;
– use, assign, rent, loan, charge or otherwise deal in the PRAELUDIUM or any part or interest therein or under this Agreement except as expressly provided herein;
– use the PRAELUDIUM for any illegal purposes;
– remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the PRAELUDIUM;
– export or re-export the PRAELUDIUM or any copy or adaptation in violation of any applicable laws or regulations;
– in whole or in part, translate, reverse engineer, merge, translate, disassemble or decompile the PRAELUDIUM,
– otherwise use, copy, transfer or distribute the PRAELUDIUM or part of it except as expressly permitted by this Agreement or in any manner which is inconsistent with this Agreement,
– exploit the PRAELUDIUM or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site,
– separate component parts for use. The PRAELUDIUM is licensed to you as a single product.
A breach of the preceding obligations entails Sealed Book Ltd‘s right to terminate this Agreement for cause.
3.2. All rights no expressly granted herein are reserved by Sealed Book Ltd.
3.3. You must back-up to another secure location, on a regular basis, any data files concerning your use of the PRAELUDIUM as Sealed Book Ltd has no liability for lost or corrupted data.
3.4. You agree to indemnify, defend and hold Sealed Book Ltd and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the PRAELUDIUM otherwise than in accordance with the terms of this Agreement.
- Transfer of License
You may permanently transfer all of your rights under this Agreement, provided the recipient agrees to the terms of this Agreement. In case of transferral of License you agree to remove the PRAELUDIUM from your device.
This Agreement is effective until terminated. You may terminate the Agreement at any time by deleting and removing the PRAELUDIUM from your device. This License will terminate automatically if you fail to abide by any of the terms and conditions. Sealed Book Ltd may additionally, at its discretion, give notice to terminate this Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless Sealed Book Ltd from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the PREALUDIUM or any other matter relating to the PRAELUDIUM.
- Limited Warranty
Sealed Book Ltd does not warrant that the operation of the PRAELUDIUM will be uninterrupted or error free or that, errors can be corrected. The PRAELUDIUM is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Sealed Book Ltd‘s liability, warranties and your remedies. To the maximum extent permitted by law, Sealed Book Ltd excludes liability for all representations (except those made fraudulently), warranties, and conditions and other terms which but for this notice would have effect. To the maximum extent permitted by applicable law Sealed Book Ltd expressly disclaims any warranty for the PRAELUDIUM.
PRAELUDIUM and manual(s) are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or noninfringement.
- Limitation of Liability
8.1. Sealed Book Ltd and its licensors shall in any case be liable for intent and gross negligence as well as for damages resulting from injury to life, body or health.
8.2. In case of ordinary or slight negligence, Sealed Book Ltd and its licensors shall be liable only for breaches of a material contractual obligation, i.e. of an obligation which is indispensable for the attainment of the contract purpose and which you must therefore be able to rely upon.
8.3. In case of ordinary or slight negligence, Sealed Book Ltd and its licensors, to the maximum extent permitted by law:
– shall not be liable for any lack of commercial success, lost profits and indirect damages and for the risks connected with damage to property, lost data, loss of goodwill, computer, mobile device, failure, errors or loss of business or other information as a result of possession, use or malfunction of the PRAELUDIUM, even if it has been advised of the possibility of such loss
– shall not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the PRAELUDIUM has been modified in any manner (not by Sealed Book Ltd or its licensors) after it has been downloaded
8.4. Liability in accordance with 8.2 and 8.3 shall be limited to the typical, foreseeable damages.
- License to Sealed Book Ltd and other users for User Generated Content
9.0. User Generated content shall be defined as any kind of content that is generated by the user within or for the PRAELUDIUM Including, but not limited to replays, skins, textures, mods, etc.
9.1. If you create, transfer, share, send, submit, post or upload any User Generated Content you will still own the User Generated Content (assuming you have rights to own it) but you grant Sealed Book Ltd the right to use your User Generated Content to the extent outlined below without the need of further permission or without any form of compensation. By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet or elsewhere, you grant Sealed Book Ltd a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store the User Generated Content, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed and for the entire duration of the intellectual property rights. If Sealed Book Ltd sells the User Generated Content, Sealed Book Ltd will compensate the creator and will conclude a separate license agreement with him. Sealed Book Ltd is not obliged to use or distribute your User Generated Content.
9.2. With respect to Sealed Book Ltd you waive any moral rights you might have with respect to any User Generated Content you provide to Sealed Book Ltd.
9.3. In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet, you acknowledge that other users may use, copy and archive your User Generated Content and create derivate works.
9.4. Sealed Book Ltd is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user, you are responsible for contacting other users directly, do not contact Sealed Book Ltd.
9.5. The creator of User Generated Content is responsible to keep the User Generated Content up-to-date with any features of the PRAELUDIUM. Sealed Book Ltd reserves the right to modify the PRAELUDIUM. This may result that User Generated Content is not working anymore and has to be fixed by creator. It is not in Sealed Book Ltd‘s responsibility to fix User Generated Content.
9.6. You are responsible for the User Generated Content that you uploaded and warrant that the same does not infringe third parties’ intellectual property or other rights and that the User Generated Content does not violate any laws in any country. You agree to indemnify defend and hold Sealed Book Ltd harmless from any claims, costs or expenses (including legal expenses) arising from a violation of this clause.
- Equitable Remedies
You hereby agree that Sealed Book Ltd would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Sealed Book Ltd shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Sealed Book Ltd may otherwise have available to it under applicable laws.
The Agreement constitutes the entire agreement between You and Sealed Book Ltd regarding the PRAELUDIUM. Sealed Book Ltd is entitled to change the Agreement with effect for a future date. Sealed Book Ltd will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the Agreement when you log in to the relevant games platform or via in-game messages or by e-mail to your most recently notified e-mail address. The Agreement is considered accepted if you do not object to them in writing or in text form (e.g. by e-mail) within eight weeks after receipt. (“Objection Deadline”). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the PRAELUDIUM and your own name in the subject line. If you do not object to the changed Agreement towards us within the Objection Deadline or you continue to use the PRAELUDIUM despite access to the notification concerning changes, the changed or supplementary Agreement becomes effective. If you object within the deadline, both you and Sealed Book Ltd are entitled to duly terminate the Agreement and after the expiry of a possible notice period, to delete the account. Any fees paid in advance shall not be refunded to you. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
- Applicable Law
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, this Agreement is subject to Bulgarian Law. The courts of Plovdiv, Bulgaria have exclusive jurisdiction over disputes arising from this Agreement.