| Language: |
End User License Agreement
EULA
LICENSE AND GUARANTEE CONDITIONS
§ 1 Contract Area
(1) These license and guarantee conditions represent a final agreement between Eierkop-Games (hereinafter referred to as "the holder") and the customer regarding the use of this computer game ("game") and other accompanying materials as well as the liability for any defects of these items/data.
(2) Third parties or others, in particular sellers, are not authorized to issue any user licenses or guarantees at the holder's expense.
§ 2 Replacement Copies, Original Data Carriers, Duplication and Backup Copies
(1) The holder allows the non-commercial duplication of accompanying material that mightn be supplied.
(2) The customer may not make any copies of the delivered game, including backup copies. Instead of making backup copies, the customer has the rights referred to in section 3. Only duplications that are necessary for the use of the game such as the installation of the game on a mass storage device through the obtained data, provided that copyright protection does not prevent this, as well as loading the game into the working memory are allowed.
(3) After the game has been installed onto the mass storage device, the original data may only be used as backup copies and for archival purposes only.
§ 3 Use in the Network and Multiple Use
(1) If simultaneous multiple use is possible (for an acquired license), it is not permissible to use the game within a network or any other multi-station computer system (which means that only the customer may use the acquired game license).
(2) The customer may use the supplied game on any available hardware for private and non-commercial purposes only. If the customer changes the hardware, he must delete the game from the previously used hardware. The simultaneous storage, maintaining or use of the game on more than one hardware device is prohibited.
§ 4 Copyright and Industrial Property Rights
(1) This license confers no claims or property rights regarding the product and cannot be construed as a sale of rights to the product.
(2) The holder reserves all rights to the game or in connection with the game as well as rights conferred by other accompanying materials. The holder remains the owner of copyright and user rights as well as neighboring rights in particular relating to the audiovisual (re)presentations of the game and parts thereof (such as characters, character names, plot elements, dialogues, scenes, figures, images and acoustic and musical elements). He also remains the owner of the brands, titles and other distinctive features.
(3) This computer game ("program") is protected by copyright with reference to section 2.
§ 5 Decompilation and Program Modifications
(1) Reversing the program's various stages of manufacture (reverse engineering) and other forms of retranslating the program code contained in the game into other code configurations (decompilation) are prohibited.
(2) Any removal of the copy protection is prohibited. The copy protection may only be removed to secure the proper functioning of the game if the copy protection impairs or prevents the undisturbed usage of the game and/or if the holder cannot or does not want to eliminate the defect within a period of four weeks despite an appropriate notification by the customer with a detailed description of the defect. The customer bears the burden of proof for the impairment or prevention of an undisturbed usage caused by the copy protection. The customer's special information obligation in accordance with § 11 of the present license and guarantee conditions must be observed.
(3) Copyright notice, serial numbers and other features serving to identify the computer game may not be removed or changed under any circumstances.
(4) Further regulated program modifications than those listed in section 2 for the purpose of eliminating other errors are only permissible if the modified program is used for private purposes only.
§ 6 Modifications of the Game or the Original Version
The customer is permitted to use the game or accompanying material that might be supplied to produce and distribute new products that are based on the computer game if he observes the following conditions:
(1) You may neither infringe the rights of third parties (e.g. copyrights, personal rights or trademark rights) nor legal provisions (e.g. laws for the protection of the children and the youth).
(2) You may not own an executable file of the game that is amended in any way.
(3) Changes are only permissible on the basis of an original version of the game that was legally obtained.
(4) All forms of usage and/or distribution of the game modifications must be free of charge, i.e. neither the customer nor a third party may benefit financially in any way from the usage or the distrubtion of the game modifications.
(5) For developing tools that might be supplied by the holder, support is granted in accordance with § 10. A non-commercial distribution of high-quality amendments to the game are welcomed by the holder.
§ 7 Unauthorized Use
(1) Any form of leasing, reproduction or public dissemination (in particular via the internet or other networks) of the game or further supplied materials that is unauthorized based on these license and guarantee conditions constitutes copyright infringement and may be prosecuted by the holder under civil and criminal law.
(2) Unless this is expressly permitted by these licence and guarantee conditions, the customer is not entitled to lease, change, duplicate or distribute publicly the game, accompanying material or other elements (e.g. figures, design objects, animations or other parts) thereof or make them publicly available. The customer is expressly forbidden to make the game or other accompanying material or parts thereof accessible to everyone via the internet or similar networks or to transfer them to another person in intangible form (e.g. via internet file services such as FTP, e-mail or anything comparable).
§ 8 Reselling
The customer may not sell the game to a third party if there are reasonable grounds for suspecting that the third party will infringe these license or guarantee conditions.
§ 9 Limitation of Liability
(1) Subject to the following provisions, the holder is only liable for damage resulting from an infringement of contractual and non-contractual obligations and from illicit actions, insofar as this occurred intentionally or out of gross negligence on the side of the holder or his legal representatives.
(2) Regarding damage that has been done intentionally or through the grossly negligent behavior of the holder, the holder is only liable for damage that is considered customary and foreseeable by this agreement.
(3) If damage is caused by the grossly negligent behavior of the holder, their legal representatives or vicarious agents, the holder is only liable if an essential contractual duty has been violated. The previous explanation shall apply accordingly.
(4) The previous limitations of liability also apply regarding the reimbursement of unnecessary expenses.
(5) Liability on account of a guarantee bond or personal injuries as well as a claim according to the Product Liability Act shall remain unaffected by the previous limitation of liability.
(6) The previous limitation of liability also applies to the personal liability of the legal representatives and vicarious agents of the holder.
§ 10 Support
The support granted by the holder comprises accompanying material that might be supplied and the following contact address:
maxcontrolgame.help@gmail.com
§ 11 Information Obligations
If the customer may remove the copy protection or similar protective routines in accordance with § 5 section 2 of the present licence and guarantee conditions, he is obliged to inform the holder about the corresponding program modification in writing. The notification must contain a description of the error symptoms and the presumed cause of error that is as precise as possible and, in particular, a detailed description of the program modification.
§ 12 Duration of the Contract
These license and guarantee conditions are effective until their termination. The permission of use ends if the customer infringes these license and guarantee conditions. These license and guarantee conditions can also be terminated if the game, accompanying material as well as any duplication thereof are destroyed by the customer and the game is deleted from all of the customer's computers it was installed on.
§ 13 Severability Clause
Should an authority or a competent court find that a provision of these license and guarantee conditions is invalid, illegal or unenforceable, this provision or the respective part of this provision is considered deleted, if necessary, and the validity and enforceability of the other provisions of this license remain unaffected. If an invalid, unenforceable or illegal provision of this license would be valid, enforceable and legal if part of this provision were deleted, this provision applies with the minimum changes necessary to make it valid, enforceable and legal, so that the original intentions of Eierkop-Games are expressed.
§ 14 Privacy Statement
Eierkop-Games Privacy Statement
For Eierkop-Games is the protection of your personal data the highest priority, that is why we adapt the legal framework as the basis of our declaration regarding the data protection. It is very important to us, that you know the procedures concerning using and saving your personal data. Please accept the below privacy statement, as it is a part of the license and guarantee conditions (EULA). Below you find a definition to make clear which exact data are meant (Eierkop-Games directs according the German Data Protection Law).
1 Individual related data
Individual related data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (for instance Name, birth date, Address and others). In principle, it covers any information that relates to an identifiable, living individual, all other data have not to be considered as personal data.
2 Collecting of data
Information regarding the collection of individual related data.
3 Processing of data
Processing of data describes the forwarding, saving, changing and deleting of individual related data.
4 Saving of Data
Saving of Data describes the detection, capturing and / or storage of personally identifiable data on a storage medium in terms of continues use or otherwise process.
How, Why and When Data is collected?
Eierkop games does not store any data, by which we can conclude information about you as an individual customer. The only exception may be the assurance of originality and copyright. For this reason data may be collected, processed or stored. Only in this way can be checked that your installed software is a complete legal version. In case you purchase our product as a download version from an online portal like Steam or similar providers, those might collect, process and save individual related data during the purchasing process. Have our product based as a download version of a platform like Steam or similar personal data on the purchase and installation are charged by the provider, processed and stored. Eierkop Games has no influence on this data collection!
When data is collected during the installation?
Eierkop games used for the distribution system Steam Valve Company. The system is a service portal for the company Valve Corporation. P.O. Box 1688, Bellevue, WA 98004, USA and Valve S.A.R.L. Regus City Center Suite 227, 26 Boulevard Royal, L-2449 Luxembourg. Therefore, our game program uses a so-called DRM (Digital Rights Management), which is intended to ensure that only legally purchased versions are installed. As part of the download, Valve collects, proves and store several data. Valve processes the data on behalf of Eierkop games, only within the purposes described on servers in the United States and Luxembourg. By accepting the license agreement (EULA) you agree that processed data might be designated for this purposes. The service portal Steam collects, processes and stores for the duration of the sales the following data: product keys, IP address of the user and the MAC address. All information anytime accessible in the Privacy Policy:
http://store.steampowered.com/privacy_agreement/?l=german
Can the data be deleted again?
In case Eierkop games collects data decision, the consent can be revoked afterwards at any time. Please take into consideration, that you cannot start or use the acquired game program without a review of the product key. The revocation can be submitted by e-mail to maxcontrolgame.help@gmail.com. On revocation, the data is deleted as soon as possible by the responsible companies without unlawful conduct. Should the process of deleting by Eierkop games cannot be finalized, Eierkop games takes responsibility to forward the withdrawal to the relevant companies.
Consent
By installing the software you acknowledge that you agree to the above use of the aforementioned data.
§ 15 Final Provisions
(1) These license and guarantee conditions constitute the entire agreement between the holder and the customer.
(2) These license and guarantee conditions are subject to German law. However, the holder is authorized to sue the customer at his general place of jurisdiction. If you have questions regarding these license and guarantee conditions, you can consult the holder unter the following address: eierkopgames@gmx.de (No product support)
(4) The place of performance for all duties arising out of and in connection with the contractual relationship based on these license and guarantee conditions between the customer and the holder is the registered office of Eierkop-Games.
Eierkop-Games
Lebbin 27
15528 Spreenhagen
Germany
EULA
LICENSE AND GUARANTEE CONDITIONS
§ 1 Contract Area
(1) These license and guarantee conditions represent a final agreement between Eierkop-Games (hereinafter referred to as "the holder") and the customer regarding the use of this computer game ("game") and other accompanying materials as well as the liability for any defects of these items/data.
(2) Third parties or others, in particular sellers, are not authorized to issue any user licenses or guarantees at the holder's expense.
§ 2 Replacement Copies, Original Data Carriers, Duplication and Backup Copies
(1) The holder allows the non-commercial duplication of accompanying material that mightn be supplied.
(2) The customer may not make any copies of the delivered game, including backup copies. Instead of making backup copies, the customer has the rights referred to in section 3. Only duplications that are necessary for the use of the game such as the installation of the game on a mass storage device through the obtained data, provided that copyright protection does not prevent this, as well as loading the game into the working memory are allowed.
(3) After the game has been installed onto the mass storage device, the original data may only be used as backup copies and for archival purposes only.
§ 3 Use in the Network and Multiple Use
(1) If simultaneous multiple use is possible (for an acquired license), it is not permissible to use the game within a network or any other multi-station computer system (which means that only the customer may use the acquired game license).
(2) The customer may use the supplied game on any available hardware for private and non-commercial purposes only. If the customer changes the hardware, he must delete the game from the previously used hardware. The simultaneous storage, maintaining or use of the game on more than one hardware device is prohibited.
§ 4 Copyright and Industrial Property Rights
(1) This license confers no claims or property rights regarding the product and cannot be construed as a sale of rights to the product.
(2) The holder reserves all rights to the game or in connection with the game as well as rights conferred by other accompanying materials. The holder remains the owner of copyright and user rights as well as neighboring rights in particular relating to the audiovisual (re)presentations of the game and parts thereof (such as characters, character names, plot elements, dialogues, scenes, figures, images and acoustic and musical elements). He also remains the owner of the brands, titles and other distinctive features.
(3) This computer game ("program") is protected by copyright with reference to section 2.
§ 5 Decompilation and Program Modifications
(1) Reversing the program's various stages of manufacture (reverse engineering) and other forms of retranslating the program code contained in the game into other code configurations (decompilation) are prohibited.
(2) Any removal of the copy protection is prohibited. The copy protection may only be removed to secure the proper functioning of the game if the copy protection impairs or prevents the undisturbed usage of the game and/or if the holder cannot or does not want to eliminate the defect within a period of four weeks despite an appropriate notification by the customer with a detailed description of the defect. The customer bears the burden of proof for the impairment or prevention of an undisturbed usage caused by the copy protection. The customer's special information obligation in accordance with § 11 of the present license and guarantee conditions must be observed.
(3) Copyright notice, serial numbers and other features serving to identify the computer game may not be removed or changed under any circumstances.
(4) Further regulated program modifications than those listed in section 2 for the purpose of eliminating other errors are only permissible if the modified program is used for private purposes only.
§ 6 Modifications of the Game or the Original Version
The customer is permitted to use the game or accompanying material that might be supplied to produce and distribute new products that are based on the computer game if he observes the following conditions:
(1) You may neither infringe the rights of third parties (e.g. copyrights, personal rights or trademark rights) nor legal provisions (e.g. laws for the protection of the children and the youth).
(2) You may not own an executable file of the game that is amended in any way.
(3) Changes are only permissible on the basis of an original version of the game that was legally obtained.
(4) All forms of usage and/or distribution of the game modifications must be free of charge, i.e. neither the customer nor a third party may benefit financially in any way from the usage or the distrubtion of the game modifications.
(5) For developing tools that might be supplied by the holder, support is granted in accordance with § 10. A non-commercial distribution of high-quality amendments to the game are welcomed by the holder.
§ 7 Unauthorized Use
(1) Any form of leasing, reproduction or public dissemination (in particular via the internet or other networks) of the game or further supplied materials that is unauthorized based on these license and guarantee conditions constitutes copyright infringement and may be prosecuted by the holder under civil and criminal law.
(2) Unless this is expressly permitted by these licence and guarantee conditions, the customer is not entitled to lease, change, duplicate or distribute publicly the game, accompanying material or other elements (e.g. figures, design objects, animations or other parts) thereof or make them publicly available. The customer is expressly forbidden to make the game or other accompanying material or parts thereof accessible to everyone via the internet or similar networks or to transfer them to another person in intangible form (e.g. via internet file services such as FTP, e-mail or anything comparable).
§ 8 Reselling
The customer may not sell the game to a third party if there are reasonable grounds for suspecting that the third party will infringe these license or guarantee conditions.
§ 9 Limitation of Liability
(1) Subject to the following provisions, the holder is only liable for damage resulting from an infringement of contractual and non-contractual obligations and from illicit actions, insofar as this occurred intentionally or out of gross negligence on the side of the holder or his legal representatives.
(2) Regarding damage that has been done intentionally or through the grossly negligent behavior of the holder, the holder is only liable for damage that is considered customary and foreseeable by this agreement.
(3) If damage is caused by the grossly negligent behavior of the holder, their legal representatives or vicarious agents, the holder is only liable if an essential contractual duty has been violated. The previous explanation shall apply accordingly.
(4) The previous limitations of liability also apply regarding the reimbursement of unnecessary expenses.
(5) Liability on account of a guarantee bond or personal injuries as well as a claim according to the Product Liability Act shall remain unaffected by the previous limitation of liability.
(6) The previous limitation of liability also applies to the personal liability of the legal representatives and vicarious agents of the holder.
§ 10 Support
The support granted by the holder comprises accompanying material that might be supplied and the following contact address:
maxcontrolgame.help@gmail.com
§ 11 Information Obligations
If the customer may remove the copy protection or similar protective routines in accordance with § 5 section 2 of the present licence and guarantee conditions, he is obliged to inform the holder about the corresponding program modification in writing. The notification must contain a description of the error symptoms and the presumed cause of error that is as precise as possible and, in particular, a detailed description of the program modification.
§ 12 Duration of the Contract
These license and guarantee conditions are effective until their termination. The permission of use ends if the customer infringes these license and guarantee conditions. These license and guarantee conditions can also be terminated if the game, accompanying material as well as any duplication thereof are destroyed by the customer and the game is deleted from all of the customer's computers it was installed on.
§ 13 Severability Clause
Should an authority or a competent court find that a provision of these license and guarantee conditions is invalid, illegal or unenforceable, this provision or the respective part of this provision is considered deleted, if necessary, and the validity and enforceability of the other provisions of this license remain unaffected. If an invalid, unenforceable or illegal provision of this license would be valid, enforceable and legal if part of this provision were deleted, this provision applies with the minimum changes necessary to make it valid, enforceable and legal, so that the original intentions of Eierkop-Games are expressed.
§ 14 Privacy Statement
Eierkop-Games Privacy Statement
For Eierkop-Games is the protection of your personal data the highest priority, that is why we adapt the legal framework as the basis of our declaration regarding the data protection. It is very important to us, that you know the procedures concerning using and saving your personal data. Please accept the below privacy statement, as it is a part of the license and guarantee conditions (EULA). Below you find a definition to make clear which exact data are meant (Eierkop-Games directs according the German Data Protection Law).
1 Individual related data
Individual related data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (for instance Name, birth date, Address and others). In principle, it covers any information that relates to an identifiable, living individual, all other data have not to be considered as personal data.
2 Collecting of data
Information regarding the collection of individual related data.
3 Processing of data
Processing of data describes the forwarding, saving, changing and deleting of individual related data.
4 Saving of Data
Saving of Data describes the detection, capturing and / or storage of personally identifiable data on a storage medium in terms of continues use or otherwise process.
How, Why and When Data is collected?
Eierkop games does not store any data, by which we can conclude information about you as an individual customer. The only exception may be the assurance of originality and copyright. For this reason data may be collected, processed or stored. Only in this way can be checked that your installed software is a complete legal version. In case you purchase our product as a download version from an online portal like Steam or similar providers, those might collect, process and save individual related data during the purchasing process. Have our product based as a download version of a platform like Steam or similar personal data on the purchase and installation are charged by the provider, processed and stored. Eierkop Games has no influence on this data collection!
When data is collected during the installation?
Eierkop games used for the distribution system Steam Valve Company. The system is a service portal for the company Valve Corporation. P.O. Box 1688, Bellevue, WA 98004, USA and Valve S.A.R.L. Regus City Center Suite 227, 26 Boulevard Royal, L-2449 Luxembourg. Therefore, our game program uses a so-called DRM (Digital Rights Management), which is intended to ensure that only legally purchased versions are installed. As part of the download, Valve collects, proves and store several data. Valve processes the data on behalf of Eierkop games, only within the purposes described on servers in the United States and Luxembourg. By accepting the license agreement (EULA) you agree that processed data might be designated for this purposes. The service portal Steam collects, processes and stores for the duration of the sales the following data: product keys, IP address of the user and the MAC address. All information anytime accessible in the Privacy Policy:
http://store.steampowered.com/privacy_agreement/?l=german
Can the data be deleted again?
In case Eierkop games collects data decision, the consent can be revoked afterwards at any time. Please take into consideration, that you cannot start or use the acquired game program without a review of the product key. The revocation can be submitted by e-mail to maxcontrolgame.help@gmail.com. On revocation, the data is deleted as soon as possible by the responsible companies without unlawful conduct. Should the process of deleting by Eierkop games cannot be finalized, Eierkop games takes responsibility to forward the withdrawal to the relevant companies.
Consent
By installing the software you acknowledge that you agree to the above use of the aforementioned data.
§ 15 Final Provisions
(1) These license and guarantee conditions constitute the entire agreement between the holder and the customer.
(2) These license and guarantee conditions are subject to German law. However, the holder is authorized to sue the customer at his general place of jurisdiction. If you have questions regarding these license and guarantee conditions, you can consult the holder unter the following address: eierkopgames@gmx.de (No product support)
(4) The place of performance for all duties arising out of and in connection with the contractual relationship based on these license and guarantee conditions between the customer and the holder is the registered office of Eierkop-Games.
Eierkop-Games
Lebbin 27
15528 Spreenhagen
Germany