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END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and TubbyKiD UG (haftungsbeschränkt) ("TubbyKiD") for the TubbyKiD software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a TubbyKiD or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
2. OWNERSHIP.
It is hereby understood and agreed that, as between you and TubbyKiD, TubbyKiD, is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL.
The Software Product is licensed, not sold, to you by TubbyKiD for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to TubbyKiD’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by TubbyKiD under this EULA.
The terms of this EULA will govern any Upgrades provided by TubbyKiD that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS.
A. Subject to your agreement to and continuing compliance with this EULA, TubbyKiD hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. TubbyKiD authorizes the End User to make one (1) copy of the Software Product as an archival backup copy, provided End-User’s backup copy is not installed or used on any Unit. Any other copies you make or authorize are in violation of this EULA.
C. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of TubbyKiD. All rights, title, and interests belong solely to TubbyKiD and its licensors.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without TubbyKiD’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of TubbyKiD’s copyrights in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, pornographic, provocative or racist language or material on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. From time to time, at TubbyKiD’s sole discretion, TubbyKiD may provide you with support services related to the Software Product (“Support Services”). TubbyKiD reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact TubbyKiD for Support Services at support@tubbykid.de.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. TubbyKiD shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part. As a consequence, End User can participate in the Game in its current version.
E. TubbyKiD does not perform the exchange of the in-game values provided in the Game to cash or non-cash money.
F. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform TubbyKiD and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
G. TubbyKiD shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. TubbyKiD may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
7. ADDITIONAL SERVICES.
“Additional services” means providing the user with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in the Game and are provided by End User’s request only. Additional services consist of the in-game currency that can be purchased by the End User in the game and the game values that can be provided only when the End User is in the game. As a condition to the use of additional services, End User acknowledges and agrees that:
A. No one under the age of 18 is permitted to purchase in-game currency. If it comes to TubbyKiD ’s attention that End User under the age of 18 has purchased some in-game currency, TubbyKiD has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
B. A maximum limit of five thousand U.S. dollar (US$ 5,000.00) applies to in-game currency that can be purchased in total per week by one End User.
C. If End User does not enter the game by “logging in” to his/her account for a period of three hundred and sixty five (365) days, TubbyKiD has the right to immediately delete the End User’s account and the entire account balance and in-game currency shall be deemed abandoned and forfeited.
D. TubbyKiD does not perform the exchange of the in-game values obtained from the provided services, including the in-game currency, to cash or non-cash money.
E. The list and cost of additional services, and the methods and conditions of purchasing the in-game currency are published by Steam. For policies and procedures of the payment systems used to purchase the in-game currency, the End User shall refer to Section 4 of Steam Subscriber Agreement (www.steampowered.com/agreement/) and contact the legal holders of such payment systems. TubbyKiD does not make any explanations to the End User regarding the rules and procedures of such payment systems, and also does not make any money compensations to End User that performed funds transfer operations to purchase the in-game currency using the payment systems, if such payments were to failed and as the result the money was not received by Steam or TubbyKiD. Notwithstanding the foregoing, the End User is obliged to keep documents proving the payment of additional services for the whole time period the End User stays in the game, and, if such documents are requested by TubbyKiD, the End User shall provide them.
F. If you choose to use additional services, you shall be obliged to indicate in your Steam account the following data: first name, surname, date of birth, billing information and other information requested by Steam that will allow TubbyKiD if necessary to identify the actual person with the User account in the Game. End Users shall be solely responsible for the accuracy, completeness, reliability, and correctness of their personal data registered on his/her Game account.
G. If TubbyKiD has reason to think that the End User performs illegal activities or fraud related to payments of additional services in the Game, TubbyKiD has the right to send relevant information to law enforcement bodies to investigate these facts.
H. If TubbyKiD has reason to believe or suspects that the End User is exploiting any defects in the Game or is maliciously using any third party software to increase his/her amount of in-game currency, or if TubbyKiD has reason to believe that such increase of in-game currency originates from a flaw in the system, TubbyKiD has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
I. If End User is prohibited from receiving on-line game services by the legislation of their country or in case of any other legal restrictions, including age restrictions, End User shall not be allowed to use the Game or individual services in the Game. In this case End User shall be solely responsible for the use of the Game on the territory of their country in accordance with local laws.
J. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party, in accordance with Section 1 of the Steam Subscriber Agreement. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform TubbyKiD and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, transfer or give its account, in-game currency account or personal information to any third parties.
K. Money, paid by End User for an additional service, is not subject to return by TubbyKiD and TubbyKiD shall not be liable for the loss of the End User’s in-game values.
L. End User agrees, understands and accepts that this game is not a gambling or cash game, contest or betting and that purchase of additional services is End User’s own will and desire and is not necessary or mandatory to participate in the game and the game process.
8. TERM.
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. TubbyKiD may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from TubbyKiD if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by TubbyKiD to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. INTELLECTUAL PROPERTY RIGHTS.
A. As between you and TubbyKiD, TubbyKiD shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge TubbyKiD’s exclusive rights in the Software Product and that the Software Product is unique and original to TubbyKiD and that TubbyKiD is owner thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, TubbyKiD ’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to TubbyKiD and shall be deemed the confidential information of TubbyKiD.
10. EXPORT LAW ASSURANCES.
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
11. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TUBBYKID AND TUBBYKID’S AFFILIATES (COLLECTIVELY REFERRED TO AS “TUBBYKID” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TUBBYKID DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TUBBYKID OR A TUBBYKID AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY.
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUBBYKID, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TUBBYKID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. TUBBYKID does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of the End User, made or published on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by the End Users to their in-game accounts (loss of login, password and other information required for participation to the Game); and (4) the loss of the End User’s in-game currency and values provided by the Game or purchased by End User.
C. IN ANY CASE, TUBBYKID’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS TUBBYKID MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, TUBBYKID’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
13. DEFECTS AND SECURITY WARNING.
A. WITHOUT LIMITING THE FOREGOING, TUBBYKID DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
14. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless TubbyKiD and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
15. GOVERNING LAW.
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and TubbyKiD agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. TubbyKiD will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to TubbyKiD Interactive AB, Götgatan 78, 118 30 Stockholm, Sweden, attn.: Legal Department. Notwithstanding the foregoing, you and TubbyKiD agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of TubbyKiD’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law and Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of Sweden. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. TubbyKiD reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
16. WAIVER & SEVERABILITY.
A failure on the part of TubbyKiD to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
17. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TUBBYKID.
IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and TubbyKiD UG (haftungsbeschränkt) ("TubbyKiD") for the TubbyKiD software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a TubbyKiD or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If the End User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
2. OWNERSHIP.
It is hereby understood and agreed that, as between you and TubbyKiD, TubbyKiD, is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
3. GENERAL.
The Software Product is licensed, not sold, to you by TubbyKiD for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to TubbyKiD’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by TubbyKiD under this EULA.
The terms of this EULA will govern any Upgrades provided by TubbyKiD that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS.
A. Subject to your agreement to and continuing compliance with this EULA, TubbyKiD hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. TubbyKiD authorizes the End User to make one (1) copy of the Software Product as an archival backup copy, provided End-User’s backup copy is not installed or used on any Unit. Any other copies you make or authorize are in violation of this EULA.
C. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of TubbyKiD. All rights, title, and interests belong solely to TubbyKiD and its licensors.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without TubbyKiD’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of TubbyKiD’s copyrights in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, pornographic, provocative or racist language or material on the Forums and chats relating to the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. From time to time, at TubbyKiD’s sole discretion, TubbyKiD may provide you with support services related to the Software Product (“Support Services”). TubbyKiD reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact TubbyKiD for Support Services at support@tubbykid.de.
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. TubbyKiD shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part. As a consequence, End User can participate in the Game in its current version.
E. TubbyKiD does not perform the exchange of the in-game values provided in the Game to cash or non-cash money.
F. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform TubbyKiD and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
G. TubbyKiD shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. TubbyKiD may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
7. ADDITIONAL SERVICES.
“Additional services” means providing the user with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in the Game and are provided by End User’s request only. Additional services consist of the in-game currency that can be purchased by the End User in the game and the game values that can be provided only when the End User is in the game. As a condition to the use of additional services, End User acknowledges and agrees that:
A. No one under the age of 18 is permitted to purchase in-game currency. If it comes to TubbyKiD ’s attention that End User under the age of 18 has purchased some in-game currency, TubbyKiD has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
B. A maximum limit of five thousand U.S. dollar (US$ 5,000.00) applies to in-game currency that can be purchased in total per week by one End User.
C. If End User does not enter the game by “logging in” to his/her account for a period of three hundred and sixty five (365) days, TubbyKiD has the right to immediately delete the End User’s account and the entire account balance and in-game currency shall be deemed abandoned and forfeited.
D. TubbyKiD does not perform the exchange of the in-game values obtained from the provided services, including the in-game currency, to cash or non-cash money.
E. The list and cost of additional services, and the methods and conditions of purchasing the in-game currency are published by Steam. For policies and procedures of the payment systems used to purchase the in-game currency, the End User shall refer to Section 4 of Steam Subscriber Agreement (www.steampowered.com/agreement/) and contact the legal holders of such payment systems. TubbyKiD does not make any explanations to the End User regarding the rules and procedures of such payment systems, and also does not make any money compensations to End User that performed funds transfer operations to purchase the in-game currency using the payment systems, if such payments were to failed and as the result the money was not received by Steam or TubbyKiD. Notwithstanding the foregoing, the End User is obliged to keep documents proving the payment of additional services for the whole time period the End User stays in the game, and, if such documents are requested by TubbyKiD, the End User shall provide them.
F. If you choose to use additional services, you shall be obliged to indicate in your Steam account the following data: first name, surname, date of birth, billing information and other information requested by Steam that will allow TubbyKiD if necessary to identify the actual person with the User account in the Game. End Users shall be solely responsible for the accuracy, completeness, reliability, and correctness of their personal data registered on his/her Game account.
G. If TubbyKiD has reason to think that the End User performs illegal activities or fraud related to payments of additional services in the Game, TubbyKiD has the right to send relevant information to law enforcement bodies to investigate these facts.
H. If TubbyKiD has reason to believe or suspects that the End User is exploiting any defects in the Game or is maliciously using any third party software to increase his/her amount of in-game currency, or if TubbyKiD has reason to believe that such increase of in-game currency originates from a flaw in the system, TubbyKiD has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
I. If End User is prohibited from receiving on-line game services by the legislation of their country or in case of any other legal restrictions, including age restrictions, End User shall not be allowed to use the Game or individual services in the Game. In this case End User shall be solely responsible for the use of the Game on the territory of their country in accordance with local laws.
J. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party, in accordance with Section 1 of the Steam Subscriber Agreement. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform TubbyKiD and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, transfer or give its account, in-game currency account or personal information to any third parties.
K. Money, paid by End User for an additional service, is not subject to return by TubbyKiD and TubbyKiD shall not be liable for the loss of the End User’s in-game values.
L. End User agrees, understands and accepts that this game is not a gambling or cash game, contest or betting and that purchase of additional services is End User’s own will and desire and is not necessary or mandatory to participate in the game and the game process.
8. TERM.
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. TubbyKiD may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your hard drive. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from TubbyKiD if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by TubbyKiD to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. INTELLECTUAL PROPERTY RIGHTS.
A. As between you and TubbyKiD, TubbyKiD shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge TubbyKiD’s exclusive rights in the Software Product and that the Software Product is unique and original to TubbyKiD and that TubbyKiD is owner thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, TubbyKiD ’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to TubbyKiD and shall be deemed the confidential information of TubbyKiD.
10. EXPORT LAW ASSURANCES.
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
11. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TUBBYKID AND TUBBYKID’S AFFILIATES (COLLECTIVELY REFERRED TO AS “TUBBYKID” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TUBBYKID DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TUBBYKID OR A TUBBYKID AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY.
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUBBYKID, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TUBBYKID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. TUBBYKID does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of the End User, made or published on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by the End Users to their in-game accounts (loss of login, password and other information required for participation to the Game); and (4) the loss of the End User’s in-game currency and values provided by the Game or purchased by End User.
C. IN ANY CASE, TUBBYKID’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS TUBBYKID MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, TUBBYKID’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
13. DEFECTS AND SECURITY WARNING.
A. WITHOUT LIMITING THE FOREGOING, TUBBYKID DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
14. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless TubbyKiD and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
15. GOVERNING LAW.
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and TubbyKiD agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. TubbyKiD will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to TubbyKiD Interactive AB, Götgatan 78, 118 30 Stockholm, Sweden, attn.: Legal Department. Notwithstanding the foregoing, you and TubbyKiD agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of TubbyKiD’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law and Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of Sweden. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. TubbyKiD reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
16. WAIVER & SEVERABILITY.
A failure on the part of TubbyKiD to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
17. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TUBBYKID.