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Mini Golf Arena END USER LICENSE AGREEMENT (EULA)
April 20, 2018
This is the End User License Agreement (EULA) for "Mini Golf Arena." Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. This EULA is the binding legal agreement between you, the individual end user ("you"), and Evoluta Studio ("Evoluta Studio", "we", "us"), for the download, purchase, and use of the game "Mini Golf Arena" ("MGA"). For purposes of this Agreement the "MGA" means collectively the interactive video game client "Mini Golf Arena" and all applicable client software (including, among other things, installer software, the game client, servers, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our websites, https://evolutastudio.com, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
LIMITED USE LICENSE
Evoluta Studio retains all right, title, and interest to MGA, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, computer codes, settings, artwork, sound effects, musical works, and moral rights. MGA is protected by Russian Federation copyright and trademark law and applicable laws and treaties throughout the world. We prohibit any copying, reproduction, and circumvention of technology of MGA beyond the terms of this license. MGA is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of MGA is contingent upon your compliance with this EULA.
If you violate any of the terms of this EULA, all of your right to use MGA will immediately end, without any further notification from Evoluta Studio or anyone else. Once your license is terminated, you will be obliged to immediately uninstall MGA and all of its components.
CONTENT AND VIRTUAL ITEMS
In no way can virtual currency ("Coins"), or virtual items can be redeemed for real-world currency, goods, or other items of monetary value from any party. Transfers of Coins are strictly prohibited. This means you may not buy, sell, transfer, or exchange Coins for real-world currency or otherwise exchange virtual items for value outside of MGA.
You acknowledge and agree that all virtual items represent a limited license right for your personal, private, non-commercial, non-transferable, and limited use governed by this EULA and are not redeemable for any sum of money or monetary value from Evoluta Studio at any time. In the event that your account is terminated or suspended for any reason, in Evoluta Studio's sole and absolute discretion, you forfeit any and all Coins and virtual items. Evoluta Studio has the absolute right to manage, regulate, control, modify, and/or eliminate Coins and/or virtual items as it sees fit in its sole discretion, and Evoluta Studio shall have no liability to you or anyone for the exercise of such rights.
COMMERCIAL EXPLOITATION
You may not use MGA for any commercial purposes without the prior written consent of Evoluta Studio or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet cafe or gaming room, you may operate MGA in a "pay for play" environment provided that all computers used have validly licensed MGA installed, such as MGA having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Evoluta Studio, operate MGA in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$5,000.00.
RESTRICTIONS ON USE
We want you to enjoy our products for years to come, and we want to be able to continue to make awesome games, so you need to be aware that there are some things you cannot do with MGA.
Here is a list of restrictions to your use of MGA under this EULA:
You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on MGA, disassemble, or otherwise reproduce MGA.
Except as set forth herein, you may not rent, sell, lease, barter, sublicense, or distribute MGA.
You may not remove, disable or circumvent any security protections, copyright notices, or any other proprietary notices contained on or within the original copy of MGA.
You may not offer MGA on a pay per play basis or otherwise commercially exploit MGA or use MGA for any commercial purpose except as described in this agreement.
You may not electronically transmit MGA from one computer to another or over a network except as described in this agreement.
You may not restrict or inhibit any other player from using and enjoying any online features of MGA.
MGA SDK LICENSE
Subject to your complete and ongoing compliance with the terms and conditions in this EULA and any additional terms included with the SDK, Mini Golf Arena grants you a limited, personal, worldwide, royalty-free, non-exclusive, nonsublicenseable, and nontransferable license to: (a) use a reasonable number of copies of any documentation provided as part of the SDK (“Documentation”) solely in connection with your development of custom maps, and other virtual items for use solely within the Service (“Virtual Content”); (b) reproduce, modify, and use any sample software provided to you in source code format as part of the SDK in either object code or source code formats solely in connection with your development and use of Virtual Content within the Service; and (c) reproduce and distribute any sample software provided to you in object code format as part of the SDK, including any plugins (“SDK Object Code”) in object code format solely in connection with your development and use of Virtual Content within the Service. You will not: (i) transfer, disclose, or distribute any portion of the SDK or Documentation or access to either to any third party, except as permitted by the license grant above; (ii) subject any portion of the SDK or Documentation to the terms of any “open source” or “creative commons” license; (iii) modify any of the SDK Object Code included with the SDK; or (iv) use the SDK or Documentation to develop code, software, or other materials for anything other than for use with the Service.
USER CONTENT
1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including software code, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content you post to the Service.
2. Limited License Grant to Mini Golf Arena. By posting, publishing, or otherwise developing User Content in the Service, you grant Mini Golf Arena a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You agree that the license granted to Mini Golf Arena under this Section 2 applies to any User Content you previously posted, published, or otherwise developed in the Service.
3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service in a public portion of the Service, or by setting any of your User Content to public, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Mini Golf Arena and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Mini Golf Arena, the Service, and this EULA; and
b. your User Content, and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Mini Golf Arena to violate any law or regulation.
5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Mini Golf Arena may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Most custom maps available through Mini Golf Arena are created by other users or third parties, and Mini Golf Arena does not control or actively monitor the content or technical features of individual custom maps. You understand that any world you enter is at your own risk. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Mini Golf Arena with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Mini Golf Arena does not permit copyright-infringing activities on the Service.
CHEATING POLICY
Nobody likes a cheater and we don't tolerate cheaters in MGA.
If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of MGA or any MGA servers to gain any advantage in multiplayer play of MGA, you are in breach of this EULA.
It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, advertise, distribute, or use of any software program or any modification to MGA ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on the Internet, or any other network.
Hacking into the executable of MGA or any other use of MGA in connection with the creation, development, or use of any such unauthorized Cheats are prohibited under this EULA. Cheats include, but are not limited to:
programs that tamper with/modify Coins, restrict other players from earning Coins through gameplay, or enable the farming of Coins;
programs that allow players to see through walls or other level geometry (software or hardware "wall hacks");
programs that let players change their rate of speed outside the allowable limits of MGA ("speed hacks");
programs that crash any other players, PC clients, or network servers;
automation software (bots and/or autoclickers);
programs that automatically target other players or that automatically simulate any other player input to gain an advantage over other players ("aimbots");
or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
We reserve the right to prohibit your access and/or ability to use Inventory services related to MGA, earn Coins, host network/game servers, and/or communicate with other online players.
If you are caught cheating, we may irrevocably tag you as a cheater in-game whenever any other player participates in an online game with you.
It is your responsibility to keep your MGA account in good standing, including, but not limited to your:
Coins;
choice of network/game servers;
virtual items;
or any Cheat that could affect your account.
TERMINATION
This license is effective until one of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to Evoluta Studio prior to any termination. We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. If this Agreement terminates due to your violation of this EULA, then we may prohibit you from re-accessing MGA.
Official Servers and economy servers are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable. Evoluta Studio may on occasion need to interrupt the operation of Official Servers and economy servers (whether intentional or not), and you understand you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom.
By accessing, participating on, or otherwise using Official Servers of MGA, you agree to the following:
I. You will not present any content through chat features or other features of MGA that:
A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, sexist, homophobic, threatening, infringing, obscene, or unlawful material;
B. Contains slanderous or libelous comments about other users, Evoluta Studio employees or contractors, or other individuals;
C. Contains personal information about any individual;
D. Violates the privacy of any other individual or entity;
E. Contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Evoluta Studio's systems or a third party's computer;
G. Undermines the operation of a forum, chat room, or other feature; or
H. Infringes upon the rights of any third party.
II. Evoluta Studio reserves the right to moderate the Official Servers at our discretion and have final say on actions taken upon your account.
III. You understand and agree that Evoluta Studio may remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.
IV. You agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
V. You understand that we reserve the right to disable your access temporarily or permanently to Official Servers with or without notice.
VI. You understand that violation of the foregoing terms concerning Official Servers will not terminate your EULA with us.
Evoluta Studio may also, in its sole discretion and at any time, discontinue the online functionality of Official Servers and/or economy servers or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that Evoluta Studio will have no liability to you if any Official Servers and/or economy servers are discontinued or your ability to access them is terminated.
Evoluta Studio is not responsible for any other servers that are not Official Servers.
ONLINE FEATURES
By participating in the online content of MGA, you acknowledge that you may come across material that you find offensive. Evoluta Studio disclaims any responsibility for any such offensive material, and all content presented by third parties. Evoluta Studio has no responsibility for such content and is merely providing access to such content as a service to you.
COPYRIGHT
MGA and all copyrights, trademarks and all other conceivable intellectual property rights related to MGA are owned by Evoluta Studio or its licensors, licensees or suppliers and are protected by Russian Federation copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act.
Please do not make unauthorized copies.
MGA was created through the efforts of many people who earn their livelihood from its lawful use. Please don't make copies for others who have not paid for the right to use it.
DISCLAIMER OF WARRANTY
You expressly acknowledge and agree that use of MGA and the media on which it is recorded, if any, is at your sole risk. MGA is provided "AS IS." without any warranty of any kind. Evoluta Studio EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF MGA WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN MGA WILL BE CORRECTED. FURTHERMORE, Evoluta Studio DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MGA OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL Evoluta Studio OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, CONTRACTORS, LICENSEES, SUBLICENSEES, SUPPLIERS, OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA AND/OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING MGA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for MGA.
DISPUTE RESOLUTION
Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of MGA will attempt to informally negotiate a potential settlement or resolution to the dispute;
Binding Arbitration. Parties agree to submit to binding arbitration in the jurisdiction of Moscow, Russian Federation
Our failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by Evoluta Studio of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Evoluta Studio shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
EQUITABLE REMEDIES
You agree that Evoluta Studio would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Evoluta Studio shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to Evoluta Studio will not limit its ability to receive remedies that are otherwise available to Evoluta Studio under applicable laws.
LEGAL FEES
In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney's fees in connection with such action.
COMPLETE AGREEMENT
This EULA constitutes the entire agreement between the parties with respect to the use of MGA and the related materials and software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Evoluta Studio reserves the right to modify the terms of this EULA from time to time and will post notice of materials changes somewhere within https://evolutastudio.com.
ACCEPTANCE OF TERMS
By selection that "I Agree" choice during the install and installing of MGA, you agree to all the terms of this EULA.
We hope you enjoy playing MGA.
April 20, 2018
This is the End User License Agreement (EULA) for "Mini Golf Arena." Please read through this document carefully. By copying, installing, downloading, or otherwise using this game software, you agree that you understand, accept, and comply with the terms set forth below. Failure to comply with these terms may result in enforcement actions against you. This EULA is the binding legal agreement between you, the individual end user ("you"), and Evoluta Studio ("Evoluta Studio", "we", "us"), for the download, purchase, and use of the game "Mini Golf Arena" ("MGA"). For purposes of this Agreement the "MGA" means collectively the interactive video game client "Mini Golf Arena" and all applicable client software (including, among other things, installer software, the game client, servers, launcher software, and download management software) that you will or have installed on your computer, including all printed materials, digital or electronic documentation obtained by you through our websites, https://evolutastudio.com, or by any other distribution channels now known or hereafter devised, regardless of the legal standing of that distributor.
LIMITED USE LICENSE
Evoluta Studio retains all right, title, and interest to MGA, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, computer codes, settings, artwork, sound effects, musical works, and moral rights. MGA is protected by Russian Federation copyright and trademark law and applicable laws and treaties throughout the world. We prohibit any copying, reproduction, and circumvention of technology of MGA beyond the terms of this license. MGA is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of MGA is contingent upon your compliance with this EULA.
If you violate any of the terms of this EULA, all of your right to use MGA will immediately end, without any further notification from Evoluta Studio or anyone else. Once your license is terminated, you will be obliged to immediately uninstall MGA and all of its components.
CONTENT AND VIRTUAL ITEMS
In no way can virtual currency ("Coins"), or virtual items can be redeemed for real-world currency, goods, or other items of monetary value from any party. Transfers of Coins are strictly prohibited. This means you may not buy, sell, transfer, or exchange Coins for real-world currency or otherwise exchange virtual items for value outside of MGA.
You acknowledge and agree that all virtual items represent a limited license right for your personal, private, non-commercial, non-transferable, and limited use governed by this EULA and are not redeemable for any sum of money or monetary value from Evoluta Studio at any time. In the event that your account is terminated or suspended for any reason, in Evoluta Studio's sole and absolute discretion, you forfeit any and all Coins and virtual items. Evoluta Studio has the absolute right to manage, regulate, control, modify, and/or eliminate Coins and/or virtual items as it sees fit in its sole discretion, and Evoluta Studio shall have no liability to you or anyone for the exercise of such rights.
COMMERCIAL EXPLOITATION
You may not use MGA for any commercial purposes without the prior written consent of Evoluta Studio or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet cafe or gaming room, you may operate MGA in a "pay for play" environment provided that all computers used have validly licensed MGA installed, such as MGA having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Evoluta Studio, operate MGA in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$5,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US$5,000.00.
RESTRICTIONS ON USE
We want you to enjoy our products for years to come, and we want to be able to continue to make awesome games, so you need to be aware that there are some things you cannot do with MGA.
Here is a list of restrictions to your use of MGA under this EULA:
You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on MGA, disassemble, or otherwise reproduce MGA.
Except as set forth herein, you may not rent, sell, lease, barter, sublicense, or distribute MGA.
You may not remove, disable or circumvent any security protections, copyright notices, or any other proprietary notices contained on or within the original copy of MGA.
You may not offer MGA on a pay per play basis or otherwise commercially exploit MGA or use MGA for any commercial purpose except as described in this agreement.
You may not electronically transmit MGA from one computer to another or over a network except as described in this agreement.
You may not restrict or inhibit any other player from using and enjoying any online features of MGA.
MGA SDK LICENSE
Subject to your complete and ongoing compliance with the terms and conditions in this EULA and any additional terms included with the SDK, Mini Golf Arena grants you a limited, personal, worldwide, royalty-free, non-exclusive, nonsublicenseable, and nontransferable license to: (a) use a reasonable number of copies of any documentation provided as part of the SDK (“Documentation”) solely in connection with your development of custom maps, and other virtual items for use solely within the Service (“Virtual Content”); (b) reproduce, modify, and use any sample software provided to you in source code format as part of the SDK in either object code or source code formats solely in connection with your development and use of Virtual Content within the Service; and (c) reproduce and distribute any sample software provided to you in object code format as part of the SDK, including any plugins (“SDK Object Code”) in object code format solely in connection with your development and use of Virtual Content within the Service. You will not: (i) transfer, disclose, or distribute any portion of the SDK or Documentation or access to either to any third party, except as permitted by the license grant above; (ii) subject any portion of the SDK or Documentation to the terms of any “open source” or “creative commons” license; (iii) modify any of the SDK Object Code included with the SDK; or (iv) use the SDK or Documentation to develop code, software, or other materials for anything other than for use with the Service.
USER CONTENT
1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including software code, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content you post to the Service.
2. Limited License Grant to Mini Golf Arena. By posting, publishing, or otherwise developing User Content in the Service, you grant Mini Golf Arena a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You agree that the license granted to Mini Golf Arena under this Section 2 applies to any User Content you previously posted, published, or otherwise developed in the Service.
3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service in a public portion of the Service, or by setting any of your User Content to public, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Mini Golf Arena and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Mini Golf Arena, the Service, and this EULA; and
b. your User Content, and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Mini Golf Arena to violate any law or regulation.
5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Mini Golf Arena may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Most custom maps available through Mini Golf Arena are created by other users or third parties, and Mini Golf Arena does not control or actively monitor the content or technical features of individual custom maps. You understand that any world you enter is at your own risk. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Mini Golf Arena with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Mini Golf Arena does not permit copyright-infringing activities on the Service.
CHEATING POLICY
Nobody likes a cheater and we don't tolerate cheaters in MGA.
If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of MGA or any MGA servers to gain any advantage in multiplayer play of MGA, you are in breach of this EULA.
It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, advertise, distribute, or use of any software program or any modification to MGA ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on the Internet, or any other network.
Hacking into the executable of MGA or any other use of MGA in connection with the creation, development, or use of any such unauthorized Cheats are prohibited under this EULA. Cheats include, but are not limited to:
programs that tamper with/modify Coins, restrict other players from earning Coins through gameplay, or enable the farming of Coins;
programs that allow players to see through walls or other level geometry (software or hardware "wall hacks");
programs that let players change their rate of speed outside the allowable limits of MGA ("speed hacks");
programs that crash any other players, PC clients, or network servers;
automation software (bots and/or autoclickers);
programs that automatically target other players or that automatically simulate any other player input to gain an advantage over other players ("aimbots");
or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
We reserve the right to prohibit your access and/or ability to use Inventory services related to MGA, earn Coins, host network/game servers, and/or communicate with other online players.
If you are caught cheating, we may irrevocably tag you as a cheater in-game whenever any other player participates in an online game with you.
It is your responsibility to keep your MGA account in good standing, including, but not limited to your:
Coins;
choice of network/game servers;
virtual items;
or any Cheat that could affect your account.
TERMINATION
This license is effective until one of us terminates it. You may terminate this license at any time by destroying the Software and related documentation. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to Evoluta Studio prior to any termination. We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. If this Agreement terminates due to your violation of this EULA, then we may prohibit you from re-accessing MGA.
Official Servers and economy servers are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable. Evoluta Studio may on occasion need to interrupt the operation of Official Servers and economy servers (whether intentional or not), and you understand you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom.
By accessing, participating on, or otherwise using Official Servers of MGA, you agree to the following:
I. You will not present any content through chat features or other features of MGA that:
A. Contains offensive, profane, harassing, defamatory, inappropriate, racist, sexist, homophobic, threatening, infringing, obscene, or unlawful material;
B. Contains slanderous or libelous comments about other users, Evoluta Studio employees or contractors, or other individuals;
C. Contains personal information about any individual;
D. Violates the privacy of any other individual or entity;
E. Contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service;
F. Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Evoluta Studio's systems or a third party's computer;
G. Undermines the operation of a forum, chat room, or other feature; or
H. Infringes upon the rights of any third party.
II. Evoluta Studio reserves the right to moderate the Official Servers at our discretion and have final say on actions taken upon your account.
III. You understand and agree that Evoluta Studio may remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.
IV. You agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
V. You understand that we reserve the right to disable your access temporarily or permanently to Official Servers with or without notice.
VI. You understand that violation of the foregoing terms concerning Official Servers will not terminate your EULA with us.
Evoluta Studio may also, in its sole discretion and at any time, discontinue the online functionality of Official Servers and/or economy servers or any part thereof, with or without notice. You agree that you do not have any rights in any such services and that Evoluta Studio will have no liability to you if any Official Servers and/or economy servers are discontinued or your ability to access them is terminated.
Evoluta Studio is not responsible for any other servers that are not Official Servers.
ONLINE FEATURES
By participating in the online content of MGA, you acknowledge that you may come across material that you find offensive. Evoluta Studio disclaims any responsibility for any such offensive material, and all content presented by third parties. Evoluta Studio has no responsibility for such content and is merely providing access to such content as a service to you.
COPYRIGHT
MGA and all copyrights, trademarks and all other conceivable intellectual property rights related to MGA are owned by Evoluta Studio or its licensors, licensees or suppliers and are protected by Russian Federation copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act.
Please do not make unauthorized copies.
MGA was created through the efforts of many people who earn their livelihood from its lawful use. Please don't make copies for others who have not paid for the right to use it.
DISCLAIMER OF WARRANTY
You expressly acknowledge and agree that use of MGA and the media on which it is recorded, if any, is at your sole risk. MGA is provided "AS IS." without any warranty of any kind. Evoluta Studio EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF MGA WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN MGA WILL BE CORRECTED. FURTHERMORE, Evoluta Studio DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MGA OR RELATED DOCUMENTATION OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL Evoluta Studio OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, CONTRACTORS, LICENSEES, SUBLICENSEES, SUPPLIERS, OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA AND/OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING LOST DATA, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING MGA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for MGA.
DISPUTE RESOLUTION
Informal Negotiations. Parties to a dispute concerning this Agreement or purchase and use of MGA will attempt to informally negotiate a potential settlement or resolution to the dispute;
Binding Arbitration. Parties agree to submit to binding arbitration in the jurisdiction of Moscow, Russian Federation
Our failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision. The express waiver by Evoluta Studio of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Evoluta Studio shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
EQUITABLE REMEDIES
You agree that Evoluta Studio would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Evoluta Studio shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to Evoluta Studio will not limit its ability to receive remedies that are otherwise available to Evoluta Studio under applicable laws.
LEGAL FEES
In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney's fees in connection with such action.
COMPLETE AGREEMENT
This EULA constitutes the entire agreement between the parties with respect to the use of MGA and the related materials and software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Evoluta Studio reserves the right to modify the terms of this EULA from time to time and will post notice of materials changes somewhere within https://evolutastudio.com.
ACCEPTANCE OF TERMS
By selection that "I Agree" choice during the install and installing of MGA, you agree to all the terms of this EULA.
We hope you enjoy playing MGA.