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Freedom Poopie™ is a computer game developed and operated by Electroplasmatic Games SL. In this agreement, "Electroplasmatic Games" or "EG" refers to Electroplasmatic Games SL, a corporation of Cornella, Barcelona; "You" and "your" means the user of the computer where you have installed or will install the game.
READ THIS AGREEMENT AND USER LICENSE (THE "EULA" [for its acronym in English] OR "LICENSE AGREEMENT") CAREFULLY BEFORE CLICKING "ACCEPT". BY DOWNLOADING THE GAME AND CLICK THE BUTTON "ACCEPT" OR USE THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS LIKE ANY APPLICABLE SIGNED BY YOU. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS LICENSE AGREEMENT, CLOSE THIS WINDOW TO INDICATE THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT AND NOT COMPLETE THE SOFTWARE INSTALLATIO. TO ENTER INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (EVEN IF THIS AGREEMENT SIGNING ON BEHALF OF AN AUTHORIZED USER UNDER 18 YEARS OF AGE) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU LIVE.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY ELECTROPLASMATIC GAMES AT THEIR DISCRETION THROUGH UPDATE OR IMPROVEMENTS SOFTWARE PRODUCT WITH EFFECT FROM THE NOTICE AS FOLLOWS:
Electroplasmatic Games will publish the revised version of this agreement on www.electroplasmatic.com, and EG may provide notice in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you no longer be in compliance with this Agreement, you may terminate this Agreement pursuant to Section 7 of this document.
The installation and use of any updates, enhancements or modifications of Electroplasmatic Games software, or continued use of the software after notification of the changes to this Agreement shall definitively demonstrate your acceptance of those changes. Electroplasmatic Games may change, modify, suspend or discontinue any aspect of the software at any time. Electroplasmatic Games may also impose limits on certain features or restrict access to parts or all the Software Product without notice or liability. You do not have any, monetary or otherwise, interest on any feature or content of Software.
1. LIMITED USE LICENSE
If you agree with this License Agreement, you can install the software on your computer to use the Game (the "Service"). Subject to your agreement and continued compliance with this License Agreement, hereby, EG grants, and you accept, a limited, non-exclusive license to (a) install the Software on one or more computers owned or controlled legitimate, and (b) use the Software in conjunction with the Service only for non-commercial entertainment purposes. All use of the Software is subject to this License Agreement and the terms of use.
2. RESTRICTIONS AND LIMITATIONS OF LICENSE
The limited license for personal use that is given in Section 1 is subject to the following restrictions and limitations, as well as all other terms and conditions of this Agreement (collectively, the "License Limitations"). You agree that you will not, under any circumstances:
a. to sell, sublicense, rent, lease or transfer the Software, except as expressly permitted by this Agreement;
b. reverse engineer, decompile, disassemble or derive the source code or data Game Software or reduce the Software to a human-readable format, except to the extent that such actions are expressly permitted by applicable law;
c. copy, photocopy or reproduce the Software, in whole or in part; whenever you can make one (1) copy of the Game Software and the game manual for archival purposes only;
d. modify, translate or create derivative works based or using the Software, Software Service or experience, or any part; e. remove or falsify any copyright notice or proprietary content or related to the Software, Service or gaming experience, or any portion thereof; f. using traps, automation software (bots), corrections, modifications or any other unauthorized third-party software, tools and content designed to modify the Software, Service or the game experience;
e. exploit the Software, the Service, the gaming experience or any part thereof for any commercial purpose, including, without limitation, (i) use at a cyber cafe, computer gaming center or any other site without express consent Games Electroplasmatic written; (ii) to collect coins, items or resources for sale outside Game Software; or (c) performing in-game services in exchange for payment outside the Software (eg, power leveling and similar activities);
f. use unauthorized intercepting, any third party software set "mines" or collect information from or through the Software or Service, including without limitation any software that reads areas of RAM used by the Software to store information about a character game items or environment of the Software; however, that Electroplasmatic Games may, in its sole discretion, provided that the use of certain third party user interfaces;
g. modify, or permit or cause any file which is part of the Software in any manner that is not expressly authorized in writing by Electroplasmatic Games is modified in each case;
h. host, provide or develop matchmaking services for the Software or the Service, or intercept, emulate or redirect the communication protocols used by Electroplasmatic Games in any form, for any purpose, including, without limitation, gambling unauthorized Internet, play network, or as part of content aggregation networks;
i. facilitate, create or maintain any unauthorized with the Software or Service, including, without limitation, (i) any connection to any unauthorized which emulate or attempt to emulate server, the service connection; or (ii) any connection using programs or tools Games Electroplasmatic not expressly approved in writing in each case;
j. create any software or content that incorporates the Software or Service or any part thereof; or
k. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to third parties.
3. COPYRIGHT, TRADEMARKS
a. Freedom Poopie ™ and certain names and logos are registered or unregistered trademarks, service marks and / or trade names of Electroplasmatic Games. These and all other trademarks, service marks and trade names used or related to the Software (the "Marks") are proprietary rights of Electroplasmatic Games or its licensors.
b. All rights and title to the Software, the Game, Service, Site, your account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters , character names, places, names, stories, stories, dialog, catch phrases, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audiovisual works, representations of characters and methods of operation) They are owned by Electroplasmatic Games or its licensors. The Software may contain materials licensed from third parties, and the licensors of those materials may enforce their rights in case of any violation of this Agreement. The Software and the Game and all its contents are protected by intellectual property laws of Spain and the European Union and other international copyright laws. Electroplasmatic Games and its licensors reserve all rights regarding the Software and the Game, including, without limitation, the exclusive right to create derivative works of them, and you agree not create works of authorship based in Game except as expressly permitted by Electroplasmatic Games. You represent and should not have any, monetary or otherwise, any property or interest on game content. You further acknowledge and agree that you will not have any property or real right in your Account, and acknowledge and agree that all rights in the Account are and always will be owned by Electroplasmatic Games and will be allocated for their benefit.
4. CONSENT TO SUPERVISE
When running the Software, Electroplasmatic Games can supervise their use and reproduction of the Software, and collect data on their use and reproduction of the Software in accordance with the privacy policy of Electroplasmatic Games. In addition, the software can monitor the random access memory (RAM) of your computer to detect unauthorized third party programs that run concurrently with the Software way. An "unauthorized third party program" as used herein is defined as any third party software prohibited by Section 2. In the event that the Software detects an unauthorized third party Software Program may communicate information to Electroplasmatic Games, including, without limitation, details about the unauthorized program is detected third, and the time and date; also Electroplasmatic Games may exercise any or all of its rights under this Agreement, with or without notice to you, including, without limitation, termination of this Agreement and its right to continue using the Software.
5. PATCHES AND UPDATES
Electroplasmatic Games may deploy or provide patches, updates and modifications to the Game and they must be installed by you to continue using the Game. Electroplasmatic Games may update the Game remotely, including, without limitation, the Game Client Software residing on your computer, without your knowledge, and through this, you grant Electroplasmatic Games consent to deploy and apply such patches, updates and modifications.
6. TERMINATION
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroy all copies of the Game in your possession or control; and (ii) remove the Software from your hard drive. Electroplasmatic Games may terminate this Agreement at any time and for any reason or no reason. Upon termination for any reason, all licenses granted in this Agreement shall immediately terminate and you must destroy, immediately and permanently, all copies of the Game in your possession and control and remove software your hard drive.
7. DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ELECTROPLASMATIC GAMES DISCLAIMS ALL WARRANTIES OF TITLE OR INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH HAVE NO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USING THE GAME IS AT YOUR OWN RISK.
ELECTROPLASMATIC GAMES OR THIRD PARTY PROVIDERS OR ELECTROPLASMATIC GAMES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE GAME, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; NOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR WITH RESPECT TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THIS GAME, INCLUDING WITHOUT LIMITATION , ALL COMMUNICATION FEATURES ELECTROPLASMATIC GAMES.
8. LIMITATION OF LIABILITY
ELECTROPLASMATIC GAMES NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION PERFORMANCE, FAILURE OR MALFUNCTION OF COMPUTER OR OTHER DAMAGE OR LOSS. ALSO ELECTROPLASMATIC GAMES NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR QUALIFICATIONS OF USERS OR PLAYER PROFILE INFORMATION STORED BY THE GAME AND / OR THE SERVICE. ELECTROPLASMATIC GAMES NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS OF THE INTERNET SERVICE PROVIDER (ISP, for its acronym in English), SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN LOSS DATA OR BUSINESS INTERRUPTION. IN NO EVENT ELECTROPLASMATIC GAMES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages and damages, in such states or jurisdictions, the liability of Electroplasmatic Games will be limited to the maximum extent permitted by applicable law.
9. RESOURCES EQUITY
Through this, you agree that Electroplasmatic Games would be irreparably damaged if the terms of this agreement do not apply specifically and therefore you agree that Electroplasmatic Games shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in a court of competent jurisdiction with respect to any violation of this Agreement, which shall be in addition to any other remedies available Electroplasmatic Games may have under applicable law. Should either party initiates a dispute under this Agreement, the prevailing party in such litigation winner will be entitled to recover from the other party all costs, attorney fees and other expenses incurred by such prevailing party in the litigation.
10. APPLICABLE LAW, DISPUTE RESOLUTION
a. Negotiations - to expedite resolution and control the cost of any dispute, controversy or claim relating to this License Agreement ("Dispute"), you agree Games and Electroplasmatic first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before any judicial or arbitration proceedings. Such informal negotiations commence with a written notice from one person to another. Electroplasmatic Games will send its notice by email to the email address you have provided to download the game. You will send your notice to Electroplasmatic Games SL to send a support ticket through the service Customer Support
b. Binding arbitration - and Electroplasmatic Games If you can not resolve a Dispute through informal negotiations, either you or EG may decide that the dispute be resolved exclusively by binding arbitration (except those Disputes expressly excluded below way). Any election to arbitrate by one party shall be final and binding on the other. You understand that in the absence of this provision, you would be entitled to sue in court and have a jury trial. The arbitration shall be started and be under the jurisdiction of the courts of Spain. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The referee must comply with applicable law, and any award may be challenged if the arbitrator does not comply with this requirement. Except as otherwise provided in this License Agreement, you and EG may litigate in court to compel arbitration, place the pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.
c. Restrictions - You and Electroplasmatic Games agree that any arbitration shall be limited to the Dispute between EG and you individually. To the maximum extent permitted by law, (1) no arbitration shall be joined to any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action or to utilize class action procedures; and (3) there is no right or authority for a dispute to be submitted in an alleged representative capacity on behalf of the general public or any other person.
d. Exceptions to the negotiations and arbitration - You and Electroplasmatic Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) Any dispute seeking to enforce or protect, or it relates to the validity of intellectual property rights to you or EG; (2) any dispute related to or arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for relief.
11. MISCELLANEOUS
This License Agreement is the entire agreement between you and Electroplasmatic Games with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements between you and Electroplasmatic Games, provided that this License Agreement coexist with, rather than replace the TERMS OF USE OR PRIVACY POLICY. To the extent that the provisions of this License Agreement conflict with the Terms of Use shall govern the provisions of the Terms of Use. The game is operated by Electroplasmatic Games in Spain. Those who choose to access the Game from locations outside Spain, made it on their own initiative and are responsible for compliance with applicable local laws. Failure Electroplasmatic Games of any provision of this License Agreement shall not be construed in any way as a present or future waiver of such provision nor in any way affect the right of either party to enforce all provisions subsequently. The waiving of Electroplasmatic Games to any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with that provision, condition or requirement. If any provision of this License Agreement is held invalid or unenforceable for any reason, that provision should be amended insofar as necessary to enable it to be fulfilled to the maximum allowable to affect the intent of the parties grade, and rest of this License Agreement will continue in full force and effect. However, if it is determined that that provision can not be reformed, therefore, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections 2, 3, 4 and 8 to Section 12 remain in force after termination of this License Agreement. If you have any questions regarding these terms and conditions, or if you want to contact Electroplasmatic Games for any other reason, contact Electroplasmatic Games through its website http://www.electroplasmatic.com/press/press. php
HEREBY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE PREVIOUS AGREEMENT END USER LICENSE AND AGREE THAT BY CLICKING "ACCEPT" AND / OR INSTALLING THE SOFTWARE AND USING THE GAME, YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND IN OBSERVANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
READ THIS AGREEMENT AND USER LICENSE (THE "EULA" [for its acronym in English] OR "LICENSE AGREEMENT") CAREFULLY BEFORE CLICKING "ACCEPT". BY DOWNLOADING THE GAME AND CLICK THE BUTTON "ACCEPT" OR USE THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS LIKE ANY APPLICABLE SIGNED BY YOU. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS LICENSE AGREEMENT, CLOSE THIS WINDOW TO INDICATE THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT AND NOT COMPLETE THE SOFTWARE INSTALLATIO. TO ENTER INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (EVEN IF THIS AGREEMENT SIGNING ON BEHALF OF AN AUTHORIZED USER UNDER 18 YEARS OF AGE) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU LIVE.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY ELECTROPLASMATIC GAMES AT THEIR DISCRETION THROUGH UPDATE OR IMPROVEMENTS SOFTWARE PRODUCT WITH EFFECT FROM THE NOTICE AS FOLLOWS:
Electroplasmatic Games will publish the revised version of this agreement on www.electroplasmatic.com, and EG may provide notice in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you no longer be in compliance with this Agreement, you may terminate this Agreement pursuant to Section 7 of this document.
The installation and use of any updates, enhancements or modifications of Electroplasmatic Games software, or continued use of the software after notification of the changes to this Agreement shall definitively demonstrate your acceptance of those changes. Electroplasmatic Games may change, modify, suspend or discontinue any aspect of the software at any time. Electroplasmatic Games may also impose limits on certain features or restrict access to parts or all the Software Product without notice or liability. You do not have any, monetary or otherwise, interest on any feature or content of Software.
1. LIMITED USE LICENSE
If you agree with this License Agreement, you can install the software on your computer to use the Game (the "Service"). Subject to your agreement and continued compliance with this License Agreement, hereby, EG grants, and you accept, a limited, non-exclusive license to (a) install the Software on one or more computers owned or controlled legitimate, and (b) use the Software in conjunction with the Service only for non-commercial entertainment purposes. All use of the Software is subject to this License Agreement and the terms of use.
2. RESTRICTIONS AND LIMITATIONS OF LICENSE
The limited license for personal use that is given in Section 1 is subject to the following restrictions and limitations, as well as all other terms and conditions of this Agreement (collectively, the "License Limitations"). You agree that you will not, under any circumstances:
a. to sell, sublicense, rent, lease or transfer the Software, except as expressly permitted by this Agreement;
b. reverse engineer, decompile, disassemble or derive the source code or data Game Software or reduce the Software to a human-readable format, except to the extent that such actions are expressly permitted by applicable law;
c. copy, photocopy or reproduce the Software, in whole or in part; whenever you can make one (1) copy of the Game Software and the game manual for archival purposes only;
d. modify, translate or create derivative works based or using the Software, Software Service or experience, or any part; e. remove or falsify any copyright notice or proprietary content or related to the Software, Service or gaming experience, or any portion thereof; f. using traps, automation software (bots), corrections, modifications or any other unauthorized third-party software, tools and content designed to modify the Software, Service or the game experience;
e. exploit the Software, the Service, the gaming experience or any part thereof for any commercial purpose, including, without limitation, (i) use at a cyber cafe, computer gaming center or any other site without express consent Games Electroplasmatic written; (ii) to collect coins, items or resources for sale outside Game Software; or (c) performing in-game services in exchange for payment outside the Software (eg, power leveling and similar activities);
f. use unauthorized intercepting, any third party software set "mines" or collect information from or through the Software or Service, including without limitation any software that reads areas of RAM used by the Software to store information about a character game items or environment of the Software; however, that Electroplasmatic Games may, in its sole discretion, provided that the use of certain third party user interfaces;
g. modify, or permit or cause any file which is part of the Software in any manner that is not expressly authorized in writing by Electroplasmatic Games is modified in each case;
h. host, provide or develop matchmaking services for the Software or the Service, or intercept, emulate or redirect the communication protocols used by Electroplasmatic Games in any form, for any purpose, including, without limitation, gambling unauthorized Internet, play network, or as part of content aggregation networks;
i. facilitate, create or maintain any unauthorized with the Software or Service, including, without limitation, (i) any connection to any unauthorized which emulate or attempt to emulate server, the service connection; or (ii) any connection using programs or tools Games Electroplasmatic not expressly approved in writing in each case;
j. create any software or content that incorporates the Software or Service or any part thereof; or
k. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to third parties.
3. COPYRIGHT, TRADEMARKS
a. Freedom Poopie ™ and certain names and logos are registered or unregistered trademarks, service marks and / or trade names of Electroplasmatic Games. These and all other trademarks, service marks and trade names used or related to the Software (the "Marks") are proprietary rights of Electroplasmatic Games or its licensors.
b. All rights and title to the Software, the Game, Service, Site, your account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters , character names, places, names, stories, stories, dialog, catch phrases, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audiovisual works, representations of characters and methods of operation) They are owned by Electroplasmatic Games or its licensors. The Software may contain materials licensed from third parties, and the licensors of those materials may enforce their rights in case of any violation of this Agreement. The Software and the Game and all its contents are protected by intellectual property laws of Spain and the European Union and other international copyright laws. Electroplasmatic Games and its licensors reserve all rights regarding the Software and the Game, including, without limitation, the exclusive right to create derivative works of them, and you agree not create works of authorship based in Game except as expressly permitted by Electroplasmatic Games. You represent and should not have any, monetary or otherwise, any property or interest on game content. You further acknowledge and agree that you will not have any property or real right in your Account, and acknowledge and agree that all rights in the Account are and always will be owned by Electroplasmatic Games and will be allocated for their benefit.
4. CONSENT TO SUPERVISE
When running the Software, Electroplasmatic Games can supervise their use and reproduction of the Software, and collect data on their use and reproduction of the Software in accordance with the privacy policy of Electroplasmatic Games. In addition, the software can monitor the random access memory (RAM) of your computer to detect unauthorized third party programs that run concurrently with the Software way. An "unauthorized third party program" as used herein is defined as any third party software prohibited by Section 2. In the event that the Software detects an unauthorized third party Software Program may communicate information to Electroplasmatic Games, including, without limitation, details about the unauthorized program is detected third, and the time and date; also Electroplasmatic Games may exercise any or all of its rights under this Agreement, with or without notice to you, including, without limitation, termination of this Agreement and its right to continue using the Software.
5. PATCHES AND UPDATES
Electroplasmatic Games may deploy or provide patches, updates and modifications to the Game and they must be installed by you to continue using the Game. Electroplasmatic Games may update the Game remotely, including, without limitation, the Game Client Software residing on your computer, without your knowledge, and through this, you grant Electroplasmatic Games consent to deploy and apply such patches, updates and modifications.
6. TERMINATION
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroy all copies of the Game in your possession or control; and (ii) remove the Software from your hard drive. Electroplasmatic Games may terminate this Agreement at any time and for any reason or no reason. Upon termination for any reason, all licenses granted in this Agreement shall immediately terminate and you must destroy, immediately and permanently, all copies of the Game in your possession and control and remove software your hard drive.
7. DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ELECTROPLASMATIC GAMES DISCLAIMS ALL WARRANTIES OF TITLE OR INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH HAVE NO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USING THE GAME IS AT YOUR OWN RISK.
ELECTROPLASMATIC GAMES OR THIRD PARTY PROVIDERS OR ELECTROPLASMATIC GAMES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE GAME, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; NOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR WITH RESPECT TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THIS GAME, INCLUDING WITHOUT LIMITATION , ALL COMMUNICATION FEATURES ELECTROPLASMATIC GAMES.
8. LIMITATION OF LIABILITY
ELECTROPLASMATIC GAMES NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION PERFORMANCE, FAILURE OR MALFUNCTION OF COMPUTER OR OTHER DAMAGE OR LOSS. ALSO ELECTROPLASMATIC GAMES NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR QUALIFICATIONS OF USERS OR PLAYER PROFILE INFORMATION STORED BY THE GAME AND / OR THE SERVICE. ELECTROPLASMATIC GAMES NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS OF THE INTERNET SERVICE PROVIDER (ISP, for its acronym in English), SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN LOSS DATA OR BUSINESS INTERRUPTION. IN NO EVENT ELECTROPLASMATIC GAMES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages and damages, in such states or jurisdictions, the liability of Electroplasmatic Games will be limited to the maximum extent permitted by applicable law.
9. RESOURCES EQUITY
Through this, you agree that Electroplasmatic Games would be irreparably damaged if the terms of this agreement do not apply specifically and therefore you agree that Electroplasmatic Games shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in a court of competent jurisdiction with respect to any violation of this Agreement, which shall be in addition to any other remedies available Electroplasmatic Games may have under applicable law. Should either party initiates a dispute under this Agreement, the prevailing party in such litigation winner will be entitled to recover from the other party all costs, attorney fees and other expenses incurred by such prevailing party in the litigation.
10. APPLICABLE LAW, DISPUTE RESOLUTION
a. Negotiations - to expedite resolution and control the cost of any dispute, controversy or claim relating to this License Agreement ("Dispute"), you agree Games and Electroplasmatic first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before any judicial or arbitration proceedings. Such informal negotiations commence with a written notice from one person to another. Electroplasmatic Games will send its notice by email to the email address you have provided to download the game. You will send your notice to Electroplasmatic Games SL to send a support ticket through the service Customer Support
b. Binding arbitration - and Electroplasmatic Games If you can not resolve a Dispute through informal negotiations, either you or EG may decide that the dispute be resolved exclusively by binding arbitration (except those Disputes expressly excluded below way). Any election to arbitrate by one party shall be final and binding on the other. You understand that in the absence of this provision, you would be entitled to sue in court and have a jury trial. The arbitration shall be started and be under the jurisdiction of the courts of Spain. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The referee must comply with applicable law, and any award may be challenged if the arbitrator does not comply with this requirement. Except as otherwise provided in this License Agreement, you and EG may litigate in court to compel arbitration, place the pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.
c. Restrictions - You and Electroplasmatic Games agree that any arbitration shall be limited to the Dispute between EG and you individually. To the maximum extent permitted by law, (1) no arbitration shall be joined to any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action or to utilize class action procedures; and (3) there is no right or authority for a dispute to be submitted in an alleged representative capacity on behalf of the general public or any other person.
d. Exceptions to the negotiations and arbitration - You and Electroplasmatic Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) Any dispute seeking to enforce or protect, or it relates to the validity of intellectual property rights to you or EG; (2) any dispute related to or arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for relief.
11. MISCELLANEOUS
This License Agreement is the entire agreement between you and Electroplasmatic Games with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements between you and Electroplasmatic Games, provided that this License Agreement coexist with, rather than replace the TERMS OF USE OR PRIVACY POLICY. To the extent that the provisions of this License Agreement conflict with the Terms of Use shall govern the provisions of the Terms of Use. The game is operated by Electroplasmatic Games in Spain. Those who choose to access the Game from locations outside Spain, made it on their own initiative and are responsible for compliance with applicable local laws. Failure Electroplasmatic Games of any provision of this License Agreement shall not be construed in any way as a present or future waiver of such provision nor in any way affect the right of either party to enforce all provisions subsequently. The waiving of Electroplasmatic Games to any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with that provision, condition or requirement. If any provision of this License Agreement is held invalid or unenforceable for any reason, that provision should be amended insofar as necessary to enable it to be fulfilled to the maximum allowable to affect the intent of the parties grade, and rest of this License Agreement will continue in full force and effect. However, if it is determined that that provision can not be reformed, therefore, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections 2, 3, 4 and 8 to Section 12 remain in force after termination of this License Agreement. If you have any questions regarding these terms and conditions, or if you want to contact Electroplasmatic Games for any other reason, contact Electroplasmatic Games through its website http://www.electroplasmatic.com/press/press. php
HEREBY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE PREVIOUS AGREEMENT END USER LICENSE AND AGREE THAT BY CLICKING "ACCEPT" AND / OR INSTALLING THE SOFTWARE AND USING THE GAME, YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND IN OBSERVANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.