Interactive radiation portal - radiaverse.com
Last updated: December 13, 2024
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. This End User License Agreement (hereinafter referred to as the “License Agreement” or “Agreement”) governs the use of the application “RadiaCode” (located at: www.radiacode.com/eula), any RadiaCode software, their associated updates, patch files and add-ons, any applications created by RadiaCode whether available through the Website, a social networking site or its subsidiaries or affiliated companies, and related services (hereinafter referred to as the “Product”), now or in the future provided by RADIACODE LTD, duly incorporated in and registered under the laws of the Republic of Cyprus, with a registered office at 10 Spyrou Kyprianou, Germasogeia, 4040 Limassol, Cyprus, any subsidiaries or affiliates, (hereinafter collectively referred to as “RadiaCode”).
By installing or using the Product, you (hereinafter referred to as the “You” or “User”) agree to accept and abide by the terms of (1) this License Agreement and (2) the Privacy Policy. If You do not agree to the terms of either of the above documents, please do not install or use the Product. If You already have a RadiaCode account at https://www.radiaverse.com/ (hereinafter referred to as the “Account”), this License Agreement is equally effective with, but does not supersede, the Terms of Use found at this https://www.radiaverse.com/terms (the “Terms of Use”). To the extent that any provision of this Agreement conflict with the Terms of Use, the provisions of the Terms of Use shall prevail. You may only use the Product, and send personal information to us, if You are at least 18 years of age or older.
RadiaCode reserves the right to change, modify, add or delete clauses in this License Agreement at any time, with or without notice ,in accordance with the procedures described in Section 9 below.
Terms in this License Agreement that begin with a capital letter and are not expressly defined in this Agreement shall have the definitions given to in the Terms of Use https://www.radiaverse.com/terms.
BY ACCEPTING THIS LICENSE AGREEMENT AND/OR THE TERMS OF USE AND INTERACTING WITH OUR PRODUCT YOU CONFIRM THAT YOU ARE AWARE OF THE NEGATIVE HEALTH EFFECTS OF RADIATION ON HUMANS AND UNDERSTAND AND ACKNOWLEDGE THAT THERE IS A SIGNIFICANT RISK TO YOUR LIFE AND HEALTH ASSOCIATED WITH EXPOSURE TO UNSAFE LEVELS OF RADIATIONMORE INFORMATION REGARDING RADATION AND ITS POTENTIAL DELETERIOUS EFFECTS ON HUMAN HEALTH CAN BE FOUND HERE:
https://www.epa.gov/radiation/radiation-health-effects
RadiaCode (or its licensors) grants You a personal, non-commercial, non-sublicensable, non-transferable, non-exclusive license to install and/or use this Product (in whole or in part) or any other Product (the “License”) until You or RadiaCode terminate this License Agreement. In no event shall You use the Product or this License for commercial purposes or allow others to do so without obtaining permission from RadiaCode. THIS PRODUCT IS NOT FOR SALE, BUT IS LICENSED TO YOU FOR YOUR USE.
Among other things, You agree not to do any of the following (directly or indirectly):
to use or transmit within the Product any element or content that infringes or violates any intellectual property, privacy, or publicity rights of RadiaCode or any third party, or to or encourage others to violate the same;
to create, use, distribute and/or publish in any way (forum, public profile, etc.) within the framework of the Product any materials (text, words, images, sounds, videos, etc.), that constitutes actions of an illegal nature (in particular, piracy, hacking or distribution of counterfeit copies of software); violate any non-disclosure obligations including obligations to not disclose confidential information;
to indicate your or someone else's personal data related to race, nationality, religious and philosophical views, health status or personal life;
to perform actions aimed to gain access to elements and functions of Product for which You do not have written permission from RadiaCode;
to modify, alter, translate, adapt, reproduce, index, copy and/or extract in any way any information or other element or part of the Product without the prior written consent of RadiaCode;
to modify, distort, block, overburden, interrupt, slow down and/or interfere with the normal functioning of the Product, or access to it by other users, or the functioning of partner networks of the Product, or attempt to take any of the above actions;
to use or transmit within the Product any element or content that RadiaCode may consider, in its sole discretion, to be aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophilic, calling for suicide or describing ways of committing suicide, related to the methods and methods of developing, manufacturing and using narcotic drugs and other psychotropic substances, pointing to the places of manufacture and purchase of such drugs and other psychotropic substances, as well as related information, obscene, vulgar, racist, xenophobic, inciting hatred, showing images of a sexual or violent nature, contrary to moral norms, unacceptable for another reason;
to introduce or distribute any virus programs, Trojans, worms, logic bombs, corrupted files and/or other similar malicious means or corrupted data through the Product, and/or organize, participate in any capacity in attacks on RadiaCode servers and/or Product and/or RadiaCode providers and partners;
to create, use and/or distribute automated or macro-command computer programs, robots, bots or other copying programs and software applications and/or use of Product through mirror sites;
to create or distribute devices that provide third parties with an alternative opportunity to use Product, such as server emulators;
to harass other users of the Product, send them unsolicited advertising messages, use the Product for research, competitions, pyramid sales and other similar operations or for mass mailing of electronic messages, spam or other unwanted advertising materials for commercial purposes, etc.;
to use false information, use another user's account, assume someone else's identity, or provide false information about other individuals or legal entities within or during the use of the Product;
without RadiaCode's written permission, to use any means to collect and intercept data exchanged by users during the use of the Product, or their names/screen names and/or access passwords of any of the other users;
attempt to obtain an access password, Account information or other personal information from any user, and/or sell, rent, share, provide for use and/or otherwise transfer to third parties the right to use your Account and/or the ability to access it and/or otherwise provide third parties with the opportunity to obtain benefits using your Account;
to seek access, use, download from the Product or otherwise obtain or supply to third parties (free of charge or for a fee) any lists of users of the Product or any other information about users and their use of the Product;
to not to comply with the requirements of RadiaCode representatives and/or impersonate an employee or representative of RadiaCode or affiliated companies, partners and/or agents of RadiaCode;
remove, alter, disable or circumvent any copyright and trademark notice or other author and manufacturer information, notices or labels contained on or within the Product;
export or re-export the Product or copies of adaptations in violation of any applicable laws or regulations;
impersonate an employee or representative of RadiaCode, their partners and/or agents;
falsely claim affiliation with a Product or company and support for RadiaCode.
RadiaCode grants You with the ability to create new content using Devices (i.e. User Content, as defined in the Terms of Use).
If you create User Content, you agree to abide by this Agreement at all times during and after the creation of such User Content.
In this regard, you hereby grant to RadiaCode a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable license, for commercial and non-commercial purposes, to the User Content for the purpose of representing this User Content on the RadiaCode’s Website and in the Product without compensation to you.
You may notify RadiaCode that you wish to terminate the license and remove the User Content from the RadiaCode’s website and, and RadiaCode agrees to consider such request. For the avoidance of doubt RadiaCode reserves the right to remove, or not remove, the User Content from the Website at RadiaCode’s sole discretion.
RadiaCode acknowledges that You may create fan content while using the Product, such as by posting videos on YouTube and more. Any fan content you create is welcome, within reason and so long as it otherwise complies with this Agreement and the Terms of Use.
However, in order to ensure the safety of the Product, if You create fan content, please observe the following guidelines:
Do not use fan content for commercial purposes. Since fan content is created by fans for fans, You may not use the Product for commercial purposes in any way, with some exceptions (such as monetizing Your videos through YouTube and Twitch affiliate programs (and other similar video/stream hosting programs), but these should never be limited to paid access or subscription based models).
Your fan content must exist separately and on an independent basis and may not be incorporated into third party products.
You are the owner of the new original fan content that You create. However, since Your fan content is based on the Product, RadiaCode may want to showcase it on RadiaCode’s social media channels, make it available to other users in the Product, etc. In order to enable RadiaCode to showcase fan content, from the moment You create fan content, You grant RadiaCode a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, use, transmit, perform and communicate Your fan content in connection with the Product.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHTS OR OTHER PROPERTY RIGHTS TO THE PRODUCT; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS BE VESTED IN RADIACODE IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to You hereunder, all proprietary and other rights to the Product, as well as to all and any copyrighted materials, trademarks and intellectual property related to it or its copies (including, without limitation, any corrections, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, plot, dialogues, characteristic phrases, places, concepts, artwork, images, animation, sounds, musical compositions, audiovisual effects, text, modes of action, the moral rights and applications included in the Product and any related documentation) belong to RadiaCode or its licensors.
You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign or otherwise transfer your rights, responsibilities or obligations under this Agreement, whether in whole or in part, without the prior written consent of RadiaCode. Any attempt to do so shall be null and void.
The Product is protected by international copyright agreements and treaties, as well as other legislation. All rights reserved. The Product contains materials used under license. RadiaCode and its licensors may enforce their rights in the event of any breach of this License Agreement.
The Product may contain certain licensed materials, in which case RadiaCode's licensors have the right to enforce their rights in violation of this Agreement. Reproduction or presentation of these licensed materials in any manner for any reason is prohibited without prior permission from RadiaCode and, in some cases, RadiaCode's licensors and representatives. Except as expressly set forth in this License Agreement, all rights not expressly granted to You herein are expressly reserved by RadiaCode.
Registration requirements. If You wish to become a registered User, communicate with other Users and/or otherwise make use of the Product, You must read this Agreement and indicate your acceptance during the User registration process. In consideration of your use of the Product, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Cyprus or other applicable jurisdiction.
You may access Product and Content as available:
for your information and personal use;
as intended through the normal functionality of the RadiaCode, including the use of RadiaCode’s website and Devices.
If You register in the Product, You may be required to choose a password and username, and you may be asked for additional information regarding your Account, such as your email address. You are responsible for maintaining the confidentiality of your password and Account information, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify RadiaCode of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that You log out from your Account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another User’s Account without prior authorization from RadiaCode. RadiaCode will not be liable for any loss or damage arising from your failure to comply with this Agreement.
RadiaCode may provide features of the Product that allow You to create, develop, modify, or make available content (i.e. User Content as defined in the Terms of Use), and to upload, publish, or otherwise make User Content available to some or all users of the Product. These features may also allow You to interact with, manipulate, and modify User Content, in whole or in part. RadiaCode may modify, limit or discontinue certain features of the Product without notice or liability to You.
The term User Content includes modifications to the interactive map located at: http://beta.radiaverse.com created using RadiaCode Devices as set forth in the Terms of Use.
If You post or make available any User Content with respect to the Product, You grant RadiaCode permission to post, copy, import, store, modify, adapt, display, publicly perform, reproduce, create derivative works, publicly display, transmit, sublicense and distribute (collectively, “Use”) such content. This authorization is perpetual and irrevocable and applies to any media, platform or channel in connection with the Product.
You understand that You are not entitled to receive any compensation, fee, reward or other consideration in connection with your User Content for any reason, including RadiaCode's exercise of the rights You grant to RadiaCode in this section, and that RadiaCode is under no obligation to exercise the rights You grant to RadiaCode.
RadiaCode does not permit acts of intellectual property infringement through the Product.
If You choose to create, generate or make available User Content, You are solely responsible for your User Content and represent and warrant that:
You are the creator and owner of, and possess all necessary licenses and rights to use, and authorize RadiaCode to use the license granted above;
Your User Content and RadiaCode's use of User Content in accordance with the terms of this Agreement and the Terms of Use will not infringe the rights of any third party, including copyright, trademark, patent, trade secret, moral, privacy or publicity rights;
RadiaCode does not need to obtain any additional licenses, copyrights, royalties or other compensation from third parties; and
RadiaCode's use of your User Content will not violate any third-party contract or cause RadiaCode to violate any applicable laws or regulations.
You are responsible for your User Content, so please do not post objectionable content in or through the Product. If You do, we may delete it at our discretion. RadiaCode may, but is not obligated to, edit or control User Content that You or others provide through the Product. RadiaCode may at any time filter, delete, edit, block or refuse to publish User Content that violates this Agreement or is otherwise undesirable, as determined at RadiaCode's discretion, without prior notice or any obligation to You or any third party. If You provide User Content, You can only use the tools that RadiaCode provides as part of the normal functionality of the Product to remove or modify this particular type of User Content.
To the maximum extent permitted by law, You waive and agree to waive all rights to authorship, attribution, inviolability, disclosure, withdrawal and any other rights that are known or referred to as "moral rights" or other similar rights recognized in accordance with recognized in accordance with any legal or legal practice of any country or in in accordance with any agreement, regardless of whether such a right is referred to as a "moral right" (hereinafter collectively "Moral Rights") in relation to and to your User Content. In addition, You knowingly and irrevocably agree not to exercise any Moral Rights with respect to your User Content that You have not waived in any way that impedes the exercise of the rights granted. You waive and agree not to assert your Moral Rights even if your User Content is changed or redone in a way that does not suit You.
You acknowledge that RadiaCode may or may not pre-screen Content or User Content posted on the Website, that RadiaCode is not responsible for the accuracy of Content, but that RadiaCode shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available on the Website or via the Product, for any reason or no reason. Without limiting the foregoing, RadiaCode shall have the right to remove from the Product any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of RadiaCode. If You become aware of misuse of the Product by any person, please contact RadiaCode.
During use, the Product may monitor your device's RAM for unauthorized third-party programs interacting with the Product. If the Product detects such an unauthorized third-party program, information about it may be transmitted to RadiaCode, including your Account name, Internet Protocol (IP) address, details about the detected unauthorized program, as well as the time and date of detection of the unauthorized third-party program, as well as the specifications and performance characteristics of your device, with prior notification it's about You or without him. If the Product detects the use of an unauthorized third-party program, this License Agreement and your access to the Product may be terminated, and/or your Account may be blocked or deleted, with or without prior notice to You.
By sending your feedback and suggestions to RadiaCode (hereinafter referred to as the “Feedback”), You grant RadiaCode a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to us without restriction or compensation to You. If any of these rights cannot be licensed under applicable law (such as moral law and other personal rights), You hereby waive any such rights. You understand and agree that RadiaCode is not obligated to implement any Feedback provided by You. You agree that if RadiaCode uses your Feedback, the we are not obligated to include You in the list of thanks or pay any compensation for your contribution to the work. You represent and warrant that You have sufficient rights to any material included in the Feedback You send to RadiaCode to grant that company and other interested parties the rights described above. This includes, but is not limited to, intellectual property rights and other proprietary or personal rights.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY FOR DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD-PARTY INCLUDING ANY LIABILITY FOR: (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS OR CONTRACTS; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF DATA; (VI) LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT WEBSITE; (VII) LOSS OF GOODWILL; (VIII) WASTED MANAGEMENT OR OFFICE TIME; AND (IX) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WHERE THE FAILURE OR DELAY RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF GOD, LABOR DISPUTES OR OTHER INDUSTRIAL DISTURBANCES, SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES, EARTHQUAKE, STORMS OR OTHER ELEMENTS OF NATURE, BLOCKAGES, EMBARGOES, RIOTS, ACTS OR ORDERS OF GOVERNMENT, ACTS OF TERRORISM, OR WAR.
WE ARE NOT LIABLE FOR ANY CONTENT THAT USERS SUBMIT TO THE PRODUCT. WE ARE NOT LIABLE FOR THE ACCURACY OF THE INFORMATION PROVIDED OR HOW IT WAS OBTAINED. USERS UNDERTAKE TO USE DEVICES WHEN CREATING USER CONTENT, HOWEVER, WE ARE NOT LIABLE FOR THE VALIDITY OF THEIR USE OF SUCH DEVICES. THE USE OF THE DEVICES AND THE INFORMATION OBTAINED IN ACCORDANCE WITH THIS AGREEMENT IS THE RESPONSIBILITY OF THE USER. WE ARE NOT LIABLE FOR ANY CLAIMS AND DAMAGES ARISING FROM THE INFORMATION SUBMITTED BY YOU OR OTHER USERS INCLUDING ANY COURT AND STATE INVESTIGATIONS AND PROCEDINGS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RADIACODE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, SERVICES, AND DATA PROVIDED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOCATIONS THAT MAY BE RADIOACTIVE OR CONTAIN UNSAFE LEVELS OF RADIATION. ACTIVITIES ASSOCIATED WITH THE WEBSITE CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RADIACODE DISCLAIMS RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE. RADIACODE IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE WEBSITE, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.
WHEN YOU USE THE RADIACODE PRODUCTS, YOU MAY FIND THAT ACTUAL REAL-WORLD CONDITIONS DIFFER FROM THE INFORMATION AND DATA PROVIDED THROUGH THE WEBSITE. EXERCISE YOUR INDEPENDENT JUDGMENT AND USE THE PRODUCTS AT YOUR OWN RISK. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT.
APPLICABLE CONSUMER LAWS IN YOUR COUNTRY OF RESIDENCE MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. NONETHELESS, THESE TERMS SHALL APPLY TO THE MAXIMUM EFFECT IN YOUR JURISDICTION.
RADIACODE’S CONTENT IS NOT DIRECTED TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE, AND BY PROVIDING INFORMATION ABOUT YOURSELF TO RADIACODE YOU ARE REPRESENTING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO BECOME A USER. BY AGREEING TO THIS AGREEMENT DURING THE SIGN UP PROCESS, YOU REPRESENT AND CERTIFY THAT YOU ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH RADIACODE AND ITS PARTNERS, VENDORS, AGENTS AND SERVICE PROVIDERS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RADIACODE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE EVENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF (I) AMOUNTS YOU HAVE PAID TO RADIACODE OVER THE PREVIOUS ONE (1) YEAR, OR (II) ONE THOUSAND (€1,000) EUR. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE THE BASIC ELEMENTS OF THE PRINCIPLES UPON WHICH THE AGREEMENT BETWEEN YOU AND RADIACODE IS BASED.
FOR THE AVOIDANCE OF DOUBT, IN THE EVENT THAT A PRODUCT IS INFECTED BY MALICIOUS CODE, SOFTWARE OR OTHER MEANS BEYOND OUR CONTROL, RADIACODE DISCLAIMS ALL LIABILITY IN THIS REGARD. RADIACODE WILL USE ITS BEST ENDEAVOURS TO REMEDY THIS PROBLEM IN ACCORDANCE WITH ITS INTERNAL REGULATIONS, BUT DOES NOT GUARANTEE DATA PURITY.
IF SUCH CODE IS DETECTED, RADIACODE STRONGLY RECOMMENDS THAT YOU REMOVE THE PRODUCT FROM YOUR DEVICE AND CHECK FOR VIRUS RESIDUE ON YOUR DEVICE WITH AN ANTIVIRUS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RADIACODE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF RADIACODE’S PRODUCTS INCLUDING THE WEBSITE AND THE APPLICATION, (II) THE CONTENT OR ANY USER CONTENT, (III) YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, (IV) YOUR VIOLATION OF ANY LAW, REGULATION, OR THIRD-PARTY RIGHT, AND (V) ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY.
WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
THIS INDEMNIFICATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR USE OF RADIACODE.
Applicable Law. This Agreement and your use of RadiaCode shall be governed by and construed in accordance with the laws of Republic of Cyprus.
Dispute Resolution. All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled by courts of the Republic of Cyprus.
Injunctive Relief. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights and Confidential Information in any court of competent jurisdiction. You agree that any breach of these Terms, including breach of your obligations with respect to Confidential Information, will cause irreparable harm to RadiaCode.
Class Action Waiver. You and us both waive any right to assert any claims against the other party as a representative or member in any class or representative action or pursuant to an attorney general action or any other similar proceeding. You understand and agree that you are waiving the right to participate as a class representative or class member in any class action lawsuit. All claims brought by you or us as it relates to the Website, Application, Content, or these Terms, must solely be brought in an individual capacity.
RadiaCode reserves the right, at its sole discretion, to revise, update, modify, add, supplement or delete certain terms of this License Agreement for better security, protection, legal or regulatory reasons. Such changes will be valid with, or, depending on the conditions, without your prior notice. You can view the latest version of this License Agreement by clicking on the "EULA" link located on the Product or on the website radiaverse.com. RadiaCode reserves the right to make mailings regarding changes to this Agreement, but You should also periodically check for changes to this Agreement. If any future changes to this License Agreement are unacceptable to You or make it impossible for You to comply with this License Agreement, You may terminate it in accordance with Section 10 and must immediately remove the Product and all copies thereof. By continuing to use the Product after any revision of this License Agreement, You confirm your full irrevocable acceptance of all and every change.
RadiaCode may at any time, at its discretion, modify the Product for any reason or for no particular reason, for example, for technical reasons such as updating, maintenance and/or rebooting to improve and/or optimize the Product. You agree that the Product may automatically install or download modifications. You agree that RadiaCode may stop supporting previous versions of the Product when an updated version is available. RadiaCode partners and related service providers have no obligation to provide customer service or support in relation to the Product.
This License Agreement is valid from the earliest date of purchase, download or use of the Product by You, until its termination in accordance with its terms. Either You or RadiaCode (or its licensors) may terminate this License Agreement at any time for any reason or no reason. The termination of this Agreement by RadiaCode will take effect upon (a) notification to You or (b) closure of your Account (if any) or (c) at the time RadiaCode decides to terminate the offer and/or Product support. This License Agreement will be terminated automatically if You violate any of the terms of this License Agreement. Upon termination of the Agreement, for any reason, You must immediately remove the Product and destroy all copies of the Product that You have.
If RadiaCode determines in its sole discretion that You are violating any of the terms of this Agreement, RadiaCode may: (1) notify You, and (2) use technical measures to block or restrict your access or use of the Product. In either case, You agree to immediately stop accessing or using in any way (or attempting to access or use) the Product, and You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore access or use to the Product. If RadiaCode terminates your Account or suspends or discontinues your access to the Service due to your violations of this Agreement, then You will not be eligible for any credit, refund or discount or other consideration.
For the avoidance of doubt, the Radiacode Website, namely: https://www.radiaverse.com - is a separate platform associated with the Product. RadiaCode reserves the right to terminate Accounts created through the Website if users violate the Website's terms of use.
These License Agreement represent the complete agreement between You and RadiaCode concerning the Product, and supersede any prior or contemporaneous agreements between You and RadiaCode. These License Agreement shall coexist with, and shall not supersede any other RadiaCode policies referenced in this Agreement. You and RadiaCode agree that we each have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in these License Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and RadiaCode as a result of these License Agreement or your use of the Product.
If a court or other competent legal authority finds any clause of this License Agreement invalid, illegal or unenforceable, this clause or part of it must be deleted to the required extent, the validity and legality of the remaining parts of this License Agreement remains in full force. If any invalid, unenforceable or illegal clause of this License Agreement can become valid, enforceable and lawful when certain fragments are deleted, minimal modifications must be applied to make it legal, valid and enforceable to reflect the original intentions of RadiaCode.
RadiaCode’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision after that. Any waiver by RadiaCode of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as otherwise expressly provided in this License Agreement or as may be permitted in the jurisdiction in which You reside, all notices given by You or required under this License Agreement shall be in writing and addressed to the RadiaCode entity that provides You with the RadiaCode at issue.
Neither You nor us may assign its rights under this License Agreement, in whole or in part, to any person or entity at any time without the prior written consent of the other party. Any unauthorized assignment by either You or us shall be null and void.
If You have any questions or comments regarding this Agreement or the Product, feel free to contact us by email support@radiacode.com.
THIS LICENSE AGREEMENT APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
