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END USER LICENSE AGREEMENT
2017-07-09
Version 1.0
IMPORTANT, PLEASE READ CAREFULLY.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Hampus Bankler (“Developer”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA.
All rights not expressly granted herein are reserved by Hampus Bankler.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 5 on collection of information, 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 you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
Use of this Game may require you to download and use a separate third party platform (such as Steam or GOG Galaxy) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the Game under this EULA.
1. Grant of License
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of Hampus Bankler and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the Agreement, Hampus Bankler hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the Game on your personal computer, strictly for non-commercial purposes only. You may install the Game on different computers, but may only run the Game on one computer at a time.
2. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under
the terms of this EULA:
i) Create and make publicly available so called “Let’s Play Videos” containing the images and sounds of the Game through the social media channels such as Twitch.tv and Youtube.com, whether monetized or not. Soundtracks may only be made publicly available in the context of a Let’s Play Video. In relation to any Let’s Play Video, the following copyright notice must be displayed prominently: “Sky Knights © Hampus Bankler www.skyknights-game.com.” The extent of this permission is subject to change from time to time and may be withdrawn at Hampus Bankler’s sole discretion;
ii) Only for the purpose of yours and others’ personal enjoyment, you may create, distribute and make publicly available user modifications, generally known as “user mods”, to the Game. You may not distribute the Game together with the user mod, and may not allow other users to access any paid for Game content (such as DLC or expansions) which such other end user does not have access to otherwise. Further, such user mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for user mods. The extent of this permission is subject to change from time to time and may be withdrawn at Hampus Bankler’s sole discretion; and
iii) Make copies of the Game as may be necessary for backup and archival purposes.
3. Prohibited use
Unless otherwise provided in this EULA, you shall not:
i) Remove or alter any copyright or trademark notices on any and all copies of the Game;
ii) Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
vi) Exploit the Game or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location based site and/or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or
vii) Otherwise use the Game in a way which is not in compliance with all applicable laws.
4. User Generated Content
Some of Hampus Bankler’s Games allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant Hampus Bankler and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game.
Hampus Bankler is under no obligation to use, distribute or continue to distribute UGC, and you understand that Hampus Bankler may restrict, or remove, your UGC for any reason. You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party’s intellectual property rights or any other rights.
Hampus Bankler specifically disclaims any liability with regard to User Generated Content. Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to
info@skyknights-game.com.
5. Collection of Information
Hampus Bankler may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game. Hampus Bankler may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Hampus Bankler may use this information for the purpose of research, development, administration, support and marketing of Hampus Bankler’s products and services.
6. Support Services
From time to time, at Hampus Bankler’s sole discretion, Hampus Bankler may provide you with technical support and community management services related to the Game (“Support Services”). Hampus Bankler reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Hampus Bankler for Support Services at info@skyknights-game.com.
7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Hampus Bankler may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
8. Termination
This License is effective until terminated. You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts. Without prejudice to any other rights, Hampus Bankler may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded to your unit.
9. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law. Hampus Bankler warrants that the Game will provide the features and functions generally described in the product specification at the time of your purchase and in the product documentation.
Hampus Bankler DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Hampus Bankler, 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, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support services, even if Hampus Bankler has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
11. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Sweden and any dispute arising under this EULA shall be resolved in accordance with the laws of Sweden, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
12. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Hampus Bankler at info@skyknight-game.com. Therefore, you agree to first attempt to negotiate any Dispute informally with Hampus Bankler for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, 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 lawsuit brought and/or maintained as a class action or similar in nature to a class action.
13. Update of these terms
We may amend this EULA from time to time by posting a prominent notice on our web site. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
14. Severability
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
15. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact
us at info@skyknights-game.com
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Hampus Bankler
2017-07-09
Version 1.0
IMPORTANT, PLEASE READ CAREFULLY.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Hampus Bankler (“Developer”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “Game”). If you do not agree to the terms of this EULA, do not install or use the Game, instead contact your retailer regarding its return policy.
This Game is licensed, not sold, to you for use only under the terms and conditions of this EULA.
All rights not expressly granted herein are reserved by Hampus Bankler.
You agree that your use of the Game acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 5 on collection of information, 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 you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.
Use of this Game may require you to download and use a separate third party platform (such as Steam or GOG Galaxy) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the Game under this EULA.
1. Grant of License
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of Hampus Bankler and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the Agreement, Hampus Bankler hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the Game on your personal computer, strictly for non-commercial purposes only. You may install the Game on different computers, but may only run the Game on one computer at a time.
2. Permitted use
In addition to installing and playing the Game on your personal computer, you may also, under
the terms of this EULA:
i) Create and make publicly available so called “Let’s Play Videos” containing the images and sounds of the Game through the social media channels such as Twitch.tv and Youtube.com, whether monetized or not. Soundtracks may only be made publicly available in the context of a Let’s Play Video. In relation to any Let’s Play Video, the following copyright notice must be displayed prominently: “Sky Knights © Hampus Bankler www.skyknights-game.com.” The extent of this permission is subject to change from time to time and may be withdrawn at Hampus Bankler’s sole discretion;
ii) Only for the purpose of yours and others’ personal enjoyment, you may create, distribute and make publicly available user modifications, generally known as “user mods”, to the Game. You may not distribute the Game together with the user mod, and may not allow other users to access any paid for Game content (such as DLC or expansions) which such other end user does not have access to otherwise. Further, such user mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for user mods. The extent of this permission is subject to change from time to time and may be withdrawn at Hampus Bankler’s sole discretion; and
iii) Make copies of the Game as may be necessary for backup and archival purposes.
3. Prohibited use
Unless otherwise provided in this EULA, you shall not:
i) Remove or alter any copyright or trademark notices on any and all copies of the Game;
ii) Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
vi) Exploit the Game or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location based site and/or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or
vii) Otherwise use the Game in a way which is not in compliance with all applicable laws.
4. User Generated Content
Some of Hampus Bankler’s Games allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant Hampus Bankler and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game.
Hampus Bankler is under no obligation to use, distribute or continue to distribute UGC, and you understand that Hampus Bankler may restrict, or remove, your UGC for any reason. You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party’s intellectual property rights or any other rights.
Hampus Bankler specifically disclaims any liability with regard to User Generated Content. Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to
info@skyknights-game.com.
5. Collection of Information
Hampus Bankler may collect information from you when you use the Game. Such information includes your SteamID, computer configuration, gameplay behavior and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the Game. Hampus Bankler may use any collected information to improve its products, administer the Game, analyze trends, or to provide services to you. In addition, Hampus Bankler may use this information for the purpose of research, development, administration, support and marketing of Hampus Bankler’s products and services.
6. Support Services
From time to time, at Hampus Bankler’s sole discretion, Hampus Bankler may provide you with technical support and community management services related to the Game (“Support Services”). Hampus Bankler reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Hampus Bankler for Support Services at info@skyknights-game.com.
7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Hampus Bankler may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
8. Termination
This License is effective until terminated. You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts. Without prejudice to any other rights, Hampus Bankler may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded to your unit.
9. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law. Hampus Bankler warrants that the Game will provide the features and functions generally described in the product specification at the time of your purchase and in the product documentation.
Hampus Bankler DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Hampus Bankler, 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, or any other pecuniary loss) arising out of the use of or inability to use the Game or defect in or caused by the Game, including but not limited to compromising the security of your unit on which the Game is run, operating system or files, or the provision of or failure to provide Support services, even if Hampus Bankler has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
11. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Sweden and any dispute arising under this EULA shall be resolved in accordance with the laws of Sweden, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
12. Dispute Resolution
Most concerns regarding this EULA or the Game (“Disputes”) can be resolved by contacting Hampus Bankler at info@skyknight-game.com. Therefore, you agree to first attempt to negotiate any Dispute informally with Hampus Bankler for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, 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 lawsuit brought and/or maintained as a class action or similar in nature to a class action.
13. Update of these terms
We may amend this EULA from time to time by posting a prominent notice on our web site. Your continued use of the Game after changes are posted means you agree to be legally bound by the EULA as updated and amended.
14. Severability
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
15. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact
us at info@skyknights-game.com
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
Hampus Bankler