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Life Forge End User License Agreement (EULA)
05/29/2017
End User License Agreement
This End User License Agreement (“EULA” or "Agreement") is made between You (defined below as a "Participant" and/or "You"), who wish to use the Life Forge System and the Life Forge Services (both defined below) and Skywyre Entertainment (publ) ("Skywyre Entertainment"), a corporation having its principle place of business in Edmonton, Canada.
1. Arrangement
Upon Your acceptance of this EULA You will gain access to the Life Forge or any parts thereof.
As a newcomer You will be introduced to Life Forge via a starting area ("Life Forge Starting Area"). The Life Forge Starting Area allows You to explore some of the basic features of Life Forge but will not allow You full access to the Service. Once You have left the Life Forge Starting Area You cannot return there, but You will continue to an Life Forge World in the Life Forge.
Life Forge is the currently, and as from time to time amended and altered, virtual environment developed and supported by Skywyre Entertainment. The Life Forge may consist of several virtual planetary systems (“Life Forge World(s)”), where each one is created by and in collaboration between Skywyre Entertainment and third parties ("Skywyre Entertainment's World Partner(s)"). Each world can be managed by a different third party (Skywyre Entertainment’s World Partner”). The Life Forge includes the Life Forge System and the Life Forge Services.
The Life Forge System is operated by Skywyre Entertainment and includes digital information (for example files containing computer software, script, texts, images, photos, drawings and other graphics, sound and video, database information), the Life Forge Client software and any data communication and/or network communication to or from the Life Forge Client software. In order to gain access to the Life Forge System, the Life Forge Client Software must be installed on Your computer. The Life Forge System, including the Client software , and any future patches, updates, modifications or related documentations, including without limitation, materials, user guides, manuals and drawings, are in a proprietary possession of Skywyre Entertainment and/or Skywyre Entertainment’s World Partner(s).
The Life Forge Services consist of a unique mixture of features, services and content, such as, but not limited to, on-line entertainment, community creation, communications, E-commerce, cultural and educational activities and much more, which are offered to Participants through different graphical environments or other client communication devices. Some features of this service may be free, and some for charge.
Skywyre Entertainment will provide the Life Forge System "as is". Any and all use of the Life Forge System is only allowed according to the terms and conditions set forth in this EULA. All use of the Life Forge System not in accordance with this EULA is expressly forbidden.
Before You can use the Life Forge System You have to register an Life Forge Account that has to be approved by Skywyre Entertainment. Your rights and obligations as an Life Forge Participant to use the Life Forge Services are regulated in each Life Forge World's Terms of Use (“ToU”).
You cannot become an Life Forge Participant until You have accepted both the EULA and the ToU. You hereby acknowledge that the installation of the Life Forge System on Your hardware or use of the Life Forge constitutes Your acceptance of the EULA and the ToU.
2. Limited License
2.1 Limited and Non-Exclusive License
The Participant acknowledges that he or she shall have only a limited, non-exclusive, non-assignable license to make personal use of the Life Forge System and only in conjunction with the use of the Life Forge Services.
Your license is subject to Your acceptance of the Terms of Use, which is available here, and compliance with the EULA and the ToU.
2.2 Restricted Use
(i) No modification or de-compilation. The Participant may not translate, modify, copy, disassemble, de-compile, derive source code, create derivative works from or otherwise tamper with the Life Forge System, code, software, hardware or firmware provided therewith.
(ii) Use of the Life Forge Client. The Participant agrees upon not tampering, removing (except complete un-installation) or modifying the installed Life Forge Client Software and its associated files in any way whatsoever.
(iii) No transfer of license. The Participant may not sell, lease, sublicense or otherwise transfer any rights to the Life Forge System to third parties.
(iv) No transmission. The Participant may not distribute, transmit, broadcast or display parts of the Life Forge for commercial use, which has not been authorized by Skywyre Entertainment.
(v) No peripheral services or goods. The Participant may not provide any peripheral services or goods related to the Life Forge System. Skywyre Entertainment reserves the right to revoke this limitation either generally or in specific cases.
3. No Interference
3.1 Prohibition to Interfere with the Life Forge System
You may not analyze, hack into, interrupt, redirect or in any other way affect or interfere with any data and/or network communication to or from the Life Forge System, the Life Forge servers, clients, websites and systems, as well as not use any other software than the Life Forge Client to interpret or affect data sent to or from the Life Forge server and client systems. You may also not replicate or in any other way falsely portray the Life Forge.
You may not use, launch or install any third party software, device or techniques that Skywyre Entertainment deems, at Skywyre Entertainment’s sole discretion, to be possible to use for collecting information from the Life Forge System or servers, constituting “cheating” and/or affecting the Life Forge in any way. This includes, without limitation, if possible to use for affecting the Life Forge System interface, the Life Forge environment, components, balancing and/or the Participant’s experience. Skywyre Entertainment reserves the right to revoke this limitation either generally or in specific cases.
3.2 You Consent to Skywyre Entertainment Monitoring Your use
You hereby give Skywyre Entertainment Your consent for monitoring Your use of the Life Forge System for the purpose of detecting use of unauthorized third party program or tool (as set out in paragraph 3 No Interference (EULA) 2:nd section).
4. Ownership and Proprietary Rights
4.1 Skywyre Entertainment’s Proprietary Rights
The Life Forge and the Life Forge System, including, but not limited to, computer code, text, graphics, audio files, logotypes, button icons, images, characters, items, concepts, data compilation and software, is the property of or controlled or licensed by or to Skywyre Entertainment and/or Skywyre Entertainment’s World Partner(s) and protected by Swedish and international intellectual property rights laws.
Skywyre Entertainment®, Skywyre Entertainment™, Life Forge® and other names and marks indicated in Life Forge and/or on Skywyre Entertainment’s and Life Forge’s websites (at www.lifeforgerpg.com) are trademarks of Skywyre Entertainment. Any Life Forge and/or Skywyre Entertainment design and any other, graphics, logotypes or icons that appear in Life Forge and/or on Skywyre Entertainment’s and Life Forge’s websites are trademarks of Skywyre Entertainment and/or respective Skywyre Entertainment’s World Partner(s).
Virtual items are fictional in-world graphical objects with a predefined set of parameters in Life Forge and will often have names similar or identical to corresponding physical categories such as "people", "real estate", "possessions”, “currency”, “cloths” and the names of specific items in those categories such as "house", "sword", "tools", "armor", “skills”, “currency” etc. (“Virtual Items”). Despite the similarity in terminology, all Virtual Items, including virtual currency, are part of the Life Forge System and/or features of the Life Forge, and Skywyre Entertainment and/or respective Skywyre Entertainment’s World Partner(s) retains all rights, title, and interest in all parts including, but not limited to Avatars, Skills and Virtual Items. These retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Life Forge in the context of Virtual Items, You expressly acknowledge that all terms like “exchange of”, “trade with”, “purchase of”, “sale of” or “use of” Virtual Items, and all similar terms in context of transactions with Virtual Items, refers to the licensed right to use a certain feature of the Life Forge or the Life Forge System in accordance with the terms and conditions of this EULA.
As part of Your interactions with the Life Forge, You may also, “construct”, “craft”, “compile”, “design”, “modify” or in any other way “create” Virtual Items. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Life Forge in the context of the in-world creation of Virtual Items, You expressly acknowledge that You do not obtain any ownership right or interest in the Virtual Item You “create” but all such terms refer to the licensed right to use a certain feature of the Life Forge System or the Life Forge in accordance with the terms and conditions of this EULA. For clarity, Skywyre Entertainment and/or the respective Skywyre Entertainment’s World Partner retains all rights, title and interest to all Virtual Items You create in-world.
The Life Forge contains different systems, including but not limited to the services available via the Ad-System, Chat-System, Messaging-System, Land management System and Event System, that allow You to insert, use or create content, for example, text, graphics, audio and video in the Life Forge System. Subject to the following paragraph (Participant Content), You hereby grant Skywyre Entertainment the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any said content, including, but not limited to, user-to-user communications.
Participant Content. The Life Forge even incorporates a communication system that allows You to submit images, videos, films, texts and other communications that can be then viewed by other Participants ("Participant Content"). Skywyre Entertainment provides You with the hosting services for said Participant Contents (the “Participant Content System”). For more information regarding Your rights and obligations concerning Participant Content and the Participant Content System please read Skywyre Entertainment’s Participant Content Policy.
4.2 Changes to the Life Forge System
It is hereby expressly clarified that the Virtual Items, accumulated in Your Account as well as the Avatar You use represent only a limited license right regulated by this EULA. Accordingly, Skywyre Entertainment may, at any time and at Skywyre Entertainment’s sole discretion, update, revise, implement patches or in any other way modify, manage and control the internal data and balancing of the Life Forge System and/or any aspect or feature of the Life Forge, with or without any prior notice to the Participant or responsibility for compensation due to loss or gain of value consequent to these modifications.
You agree that upon launching the Life Forge Client updates may automatically be downloaded and installed on Your hardware for the purpose of improving, enhancing or repairing the Life Forge System.
4.3 Third Parties Proprietary Right
The Life Forge System incorporates third party technologies and/or third party content, including code, text, audio files, graphics, icons, images, characters, items, animations, concepts etc (“Third Party Licensed Material”). Third Party Licensed Material is the property of Third Parties and is protected under international and local immaterial rights laws. You acknowledge that You may not modify, copy, disassemble, decompile, derive source code or create derivative works from Third Party Licensed Material. You further agree to use Third Party Licensed Material only to the extent necessary to use the Life Forge System and/or the Life Forge.
5. LIMITATED WARRANTY
LIMITED WARRANTY. SKYWYRE ENTERTAINMENT REPRESENTS AND WARRANTS THAT IT HAS THE REQUISITE RIGHT AND LEGAL AUTHORITY TO GRANT THE LICENSE AND TO PROVIDE THE LIFE FORGE SYSTEM.
NO FURTHER WARRANTY. THE LIFE FORGE IS PROVIDED TO YOU "AS IS". THE LIFE FORGE IS NOT WARRANTED BY SKYWYRE ENTERTAINMENT TO BE UNINTERRUPTED , COMPLETE, ACCURATE OR ERROR OR BUG FREE. SKYWYRE ENTERTAINMENT MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LIFE FORGE. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. SKYWYRE ENTERTAINMENT'S LIMITATION OF LIABILITY
SKYWYRE ENTERTAINMENT, ITS EMPLOYEES, OFFICERS AND DIRECTORS, ITS AFFILIATES AND SUBSIDIARIES SHALL, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, OR ECONOMIC LOSS , INCLUDING WITHOUT LIMITATION TO ATTORNEY FEES, LOSS OF GOODWILL OR HARDWARE DAMAGES, ARISING FROM THE USE OF THE LIFE FORGE OR IN CONNECTION WITH YOUR TRANSMISSION OR USE OF ANY CONTENT USING THE LIFE FORGE.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, SKYWYRE ENTERTAINMENT SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR, SKILLS AND/OR VIRTUAL ITEMS AND/OR CURRENCIES, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS OR CESSATION OF TRANSMISSION, INTERNET LATENCY, VIRUSES, BUGS, TROJAN HORSES AND THE LIKE, SOFTWARE AND/OR HARDWARE DEFECTS OR ERRORS, UNAUTHORISED USE OF THE LIFE FORGE SYSTEM OR SERVERS, USE OF CONTENT SUBMITTED TO THE LIFE FORGE, AND THE USE OF LIFE FORGE IN GENERAL.
You acknowledge that Skywyre Entertainment will not be liable for any damages or loss caused by failure to perform any term or condition of this Agreement due to conditions beyond Skywyre Entertainment’s reasonable control such as, but not limited to, war, terror attack, strikes, fires, floods, acts of God, governmental or authority restrictions, power failures, or damage or destruction of any network facilities or servers.
Skywyre Entertainment reserves the right to interrupt the services available via Life Forge and/or the operation of the Life Forge System with or without prior notice and for any reason. You agree that Skywyre Entertainment will not be liable for any loss or damage caused by interruption of the Life Forge, delay or failure to perform.
SKYWYRE ENTERTAINMENT'S LIABILITY TOWARDS ANY PARTICIPANT SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT TRANSFERRED INTO THE INVOLVED ACCOUNT BY SAID PARTICIPANT UNDER THE SIX MONTHS PERIOD PRIOR TO THE INCIDENT.
Skywyre Entertainment does not endorse any Participant Content or any opinion, recommendation, or advice expressed therein, and Skywyre Entertainment expressly disclaims any and all liability in connection with Participant Content (see furtherer terms for Participant Content in Paragraph 4.1 above).
SKYWYRE ENTERTAINMENT EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE LIFE FORGE. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THE SPECIAL 'THIRD PARTY'S ITEMS PURCHASE AGREEMENT' TERMS (THAT YOU ACCEPT IN THE CASE OF MAKING A THIRD PARTY ITEM PURCHASE) WILL APPLY AS A COMPLEMENT TO THIS AGREEMENT FOR ANY TRANSACTIONS OR COMMUNICATIONS BETWEEN YOU AND THE THIRD PARTY.
7. Indemnification
You agree to indemnify, defend, and hold Skywyre Entertainment and its officers, employees, subsidiaries and affiliates harmless from and against, any losses suffered, incurred, or caused by You or by third party to the extent resulting from, arising out of, or relating to, any claim:
(i) that You are unlawfully using the Life Forge System or the Life Forge and/or Your Life Forge Account, including usage in breach of this Agreement, and/or;
(ii) that You are non–compliant with any applicable law, regulations, agreement or other legal obligation, and/or;
(iii) that Your Participant Content is infringing upon the proprietary or other rights of any third party.
Notwithstanding anything else in this Agreement for the avoidance of doubt, in case of Termination of your Account you acknowledge and agree to Skywyre Entertainment’s right to set off any claim for any loss sustained against the remaining 'Platinum' value of Your Account or any other refund obligation it might have under this Agreement.
8. Breach of License
Without limiting Skywyre Entertainment's legal remedies, if You fail to comply with the restrictions and limitations of the license herein (see Paragraphs 2-4 above) or if You otherwise breach this EULA or the agreements it incorporates by reference, Skywyre Entertainment may immediately terminate this Agreement, with or without prior notice to You.
You also agree that Skywyre Entertainment has the right to lock Your Life Forge Account in case of suspected Agreement violation during the period of investigation of the said violation.
Termination of this agreement on this ground may also result in Termination or Ban of Your Life Forge Account and termination of the ToU agreement. If Your Account was terminated for any reason, Skywyre Entertainment is under no obligation to provide You with a new license to use the Life Forge System in the future.
9. Equitable Relief
Participant recognizes and acknowledges that any breach of or threat to breach this Agreement by Participant may cause Skywyre Entertainment irreparable harm for which monetary damages may be inadequate. Participant agrees, therefore, that Skywyre Entertainment shall be entitled to an injunction, without posting bond or undertaking and without proof of actual damages, to restrain Participant from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing Skywyre Entertainment from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.
10. Terms of Agreement
10.1. Term
This EULA is effective until terminated by the Participant or by Skywyre Entertainment.
Please note that if Your Account has been Locked or Banned according to the ToU Agreement You are still obliged to comply with this Agreement in its relevant parts.
If any provision of this Agreement shall be void or unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions of this Agreement.
10.2. Termination of the EULA
Skywyre Entertainment may terminate this Agreement upon notice to the Participant. Such expiration may be made for any reason, and may be for one or more Participants.
Skywyre Entertainment reserves the right, pursuant to the conditions set forth in Paragraph 8 (Breach of the Agreement), to terminate this Agreement at Skywyre Entertainment's sole discretion, if You fail to comply with the terms of this Agreement.
The Participant acknowledges that a direct effect of termination of the ToU agreement, by either party and for any reason, will be the immediate termination of this EULA.
If You wish to end this Agreement at any time, You can do so by filing a request for Account Termination through Life Forge Support. Skywyre Entertainment reserves the right to collect fees, surcharges or costs incurred before You terminate this Agreement. In addition, You are responsible for any charges incurred to Third-Party vendors or content providers prior to Your termination.
10.3 Effect of termination of the EULA
The license granted to You by this EULA shall immediately cease, upon termination of the Agreement, either by You or by Skywyre Entertainment. Thus upon termination You must permanently remove the all parts of the Life Forge System, including the Life Forge Client, from Your computer.
All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers, liability and remedy limitations.
11. No Assignment
You may not assign this Agreement and you may not transfer or sublicense any license granted to you by this Agreement, except to the extent expressly permitted by this Agreement and by the ToU with regards to transaction with Virtual Items, or if obtaining a prior written consent from Skywyre Entertainment. Skywyre Entertainment may assign or transfer any of its rights or obligations under this Agreement or any parts thereof without any limitations.
12. Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
13. Additional Terms
Additional terms and conditions are incorporated into this agreement by the following documents in reference:
a. Skywyre Entertainment Privacy Policy
b. Life Forge Polices
c. Life Forge Account Terms of Use
d. Participant Content Policy
14. Forum and Governing Law
14.1 Forum
You agree that all disputes under this Agreement shall be settled by a Canadian court in the city of Edmonton. Notwithstanding the exclusive jurisdiction of a Swedish court as stipulated above, You acknowledge Skywyre Entertainment’s right to apply for injunctive and/or other equitable relief in any court of competent jurisdiction.
14.2 Governing Law
This Agreement is to be governed by, construed and enforced according to the laws of Canada. You agree that any future dispute that might arise between You and Skywyre Entertainment is to be governed by the laws of Canada, without regards to any principles of conflicts of laws and the United Nations convention on contracts for the International Sale of Goods.
15. Final Agreement
15.1 Final Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
15.2 Skywyre Entertainment’s Right to Change the Agreement
By accepting this Agreement and becoming a Participant You agree that Skywyre Entertainment may, at any time, update, revise or change this Agreement if Skywyre Entertainment reasonably consider it necessary to do so and upon prior notice to Participant as follows:
All changes will be posted on the Life Forge website . You should periodically check the website for such changes. If Skywyre Entertainment makes material changes or revisions to this Agreement, Skywyre Entertainment will attempt to provide You with a notice, via the e-mail address You provided upon registration.
Your continued participation in the Life Forge after notification of changes means that You have accepted the changes. If You do not want to accept the changes proposed by Skywyre Entertainment or any of the terms in this Agreement, Your only remedy is to end this Agreement and Terminate Your Account and cease using the Life Forge.
15.3 Conflict between different language versions of this Agreement
You acknowledge and agree that in the event of any inconsistency or conflict between the English version of this Agreement or any part or stipulation thereof, and another language version of this Agreement or any part or stipulation thereof, the English version of this Agreement shall prevail.
I hereby certify that I have read, understood and agree to the EULA. I acknowledge that by running Life Forge or registering an approved Account I hereby entering an obliging agreement with Skywyre Entertainment.
05/29/2017
End User License Agreement
This End User License Agreement (“EULA” or "Agreement") is made between You (defined below as a "Participant" and/or "You"), who wish to use the Life Forge System and the Life Forge Services (both defined below) and Skywyre Entertainment (publ) ("Skywyre Entertainment"), a corporation having its principle place of business in Edmonton, Canada.
1. Arrangement
Upon Your acceptance of this EULA You will gain access to the Life Forge or any parts thereof.
As a newcomer You will be introduced to Life Forge via a starting area ("Life Forge Starting Area"). The Life Forge Starting Area allows You to explore some of the basic features of Life Forge but will not allow You full access to the Service. Once You have left the Life Forge Starting Area You cannot return there, but You will continue to an Life Forge World in the Life Forge.
Life Forge is the currently, and as from time to time amended and altered, virtual environment developed and supported by Skywyre Entertainment. The Life Forge may consist of several virtual planetary systems (“Life Forge World(s)”), where each one is created by and in collaboration between Skywyre Entertainment and third parties ("Skywyre Entertainment's World Partner(s)"). Each world can be managed by a different third party (Skywyre Entertainment’s World Partner”). The Life Forge includes the Life Forge System and the Life Forge Services.
The Life Forge System is operated by Skywyre Entertainment and includes digital information (for example files containing computer software, script, texts, images, photos, drawings and other graphics, sound and video, database information), the Life Forge Client software and any data communication and/or network communication to or from the Life Forge Client software. In order to gain access to the Life Forge System, the Life Forge Client Software must be installed on Your computer. The Life Forge System, including the Client software , and any future patches, updates, modifications or related documentations, including without limitation, materials, user guides, manuals and drawings, are in a proprietary possession of Skywyre Entertainment and/or Skywyre Entertainment’s World Partner(s).
The Life Forge Services consist of a unique mixture of features, services and content, such as, but not limited to, on-line entertainment, community creation, communications, E-commerce, cultural and educational activities and much more, which are offered to Participants through different graphical environments or other client communication devices. Some features of this service may be free, and some for charge.
Skywyre Entertainment will provide the Life Forge System "as is". Any and all use of the Life Forge System is only allowed according to the terms and conditions set forth in this EULA. All use of the Life Forge System not in accordance with this EULA is expressly forbidden.
Before You can use the Life Forge System You have to register an Life Forge Account that has to be approved by Skywyre Entertainment. Your rights and obligations as an Life Forge Participant to use the Life Forge Services are regulated in each Life Forge World's Terms of Use (“ToU”).
You cannot become an Life Forge Participant until You have accepted both the EULA and the ToU. You hereby acknowledge that the installation of the Life Forge System on Your hardware or use of the Life Forge constitutes Your acceptance of the EULA and the ToU.
2. Limited License
2.1 Limited and Non-Exclusive License
The Participant acknowledges that he or she shall have only a limited, non-exclusive, non-assignable license to make personal use of the Life Forge System and only in conjunction with the use of the Life Forge Services.
Your license is subject to Your acceptance of the Terms of Use, which is available here, and compliance with the EULA and the ToU.
2.2 Restricted Use
(i) No modification or de-compilation. The Participant may not translate, modify, copy, disassemble, de-compile, derive source code, create derivative works from or otherwise tamper with the Life Forge System, code, software, hardware or firmware provided therewith.
(ii) Use of the Life Forge Client. The Participant agrees upon not tampering, removing (except complete un-installation) or modifying the installed Life Forge Client Software and its associated files in any way whatsoever.
(iii) No transfer of license. The Participant may not sell, lease, sublicense or otherwise transfer any rights to the Life Forge System to third parties.
(iv) No transmission. The Participant may not distribute, transmit, broadcast or display parts of the Life Forge for commercial use, which has not been authorized by Skywyre Entertainment.
(v) No peripheral services or goods. The Participant may not provide any peripheral services or goods related to the Life Forge System. Skywyre Entertainment reserves the right to revoke this limitation either generally or in specific cases.
3. No Interference
3.1 Prohibition to Interfere with the Life Forge System
You may not analyze, hack into, interrupt, redirect or in any other way affect or interfere with any data and/or network communication to or from the Life Forge System, the Life Forge servers, clients, websites and systems, as well as not use any other software than the Life Forge Client to interpret or affect data sent to or from the Life Forge server and client systems. You may also not replicate or in any other way falsely portray the Life Forge.
You may not use, launch or install any third party software, device or techniques that Skywyre Entertainment deems, at Skywyre Entertainment’s sole discretion, to be possible to use for collecting information from the Life Forge System or servers, constituting “cheating” and/or affecting the Life Forge in any way. This includes, without limitation, if possible to use for affecting the Life Forge System interface, the Life Forge environment, components, balancing and/or the Participant’s experience. Skywyre Entertainment reserves the right to revoke this limitation either generally or in specific cases.
3.2 You Consent to Skywyre Entertainment Monitoring Your use
You hereby give Skywyre Entertainment Your consent for monitoring Your use of the Life Forge System for the purpose of detecting use of unauthorized third party program or tool (as set out in paragraph 3 No Interference (EULA) 2:nd section).
4. Ownership and Proprietary Rights
4.1 Skywyre Entertainment’s Proprietary Rights
The Life Forge and the Life Forge System, including, but not limited to, computer code, text, graphics, audio files, logotypes, button icons, images, characters, items, concepts, data compilation and software, is the property of or controlled or licensed by or to Skywyre Entertainment and/or Skywyre Entertainment’s World Partner(s) and protected by Swedish and international intellectual property rights laws.
Skywyre Entertainment®, Skywyre Entertainment™, Life Forge® and other names and marks indicated in Life Forge and/or on Skywyre Entertainment’s and Life Forge’s websites (at www.lifeforgerpg.com) are trademarks of Skywyre Entertainment. Any Life Forge and/or Skywyre Entertainment design and any other, graphics, logotypes or icons that appear in Life Forge and/or on Skywyre Entertainment’s and Life Forge’s websites are trademarks of Skywyre Entertainment and/or respective Skywyre Entertainment’s World Partner(s).
Virtual items are fictional in-world graphical objects with a predefined set of parameters in Life Forge and will often have names similar or identical to corresponding physical categories such as "people", "real estate", "possessions”, “currency”, “cloths” and the names of specific items in those categories such as "house", "sword", "tools", "armor", “skills”, “currency” etc. (“Virtual Items”). Despite the similarity in terminology, all Virtual Items, including virtual currency, are part of the Life Forge System and/or features of the Life Forge, and Skywyre Entertainment and/or respective Skywyre Entertainment’s World Partner(s) retains all rights, title, and interest in all parts including, but not limited to Avatars, Skills and Virtual Items. These retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Life Forge in the context of Virtual Items, You expressly acknowledge that all terms like “exchange of”, “trade with”, “purchase of”, “sale of” or “use of” Virtual Items, and all similar terms in context of transactions with Virtual Items, refers to the licensed right to use a certain feature of the Life Forge or the Life Forge System in accordance with the terms and conditions of this EULA.
As part of Your interactions with the Life Forge, You may also, “construct”, “craft”, “compile”, “design”, “modify” or in any other way “create” Virtual Items. Notwithstanding any other language or context to the contrary, as used in this EULA and/or in the Life Forge in the context of the in-world creation of Virtual Items, You expressly acknowledge that You do not obtain any ownership right or interest in the Virtual Item You “create” but all such terms refer to the licensed right to use a certain feature of the Life Forge System or the Life Forge in accordance with the terms and conditions of this EULA. For clarity, Skywyre Entertainment and/or the respective Skywyre Entertainment’s World Partner retains all rights, title and interest to all Virtual Items You create in-world.
The Life Forge contains different systems, including but not limited to the services available via the Ad-System, Chat-System, Messaging-System, Land management System and Event System, that allow You to insert, use or create content, for example, text, graphics, audio and video in the Life Forge System. Subject to the following paragraph (Participant Content), You hereby grant Skywyre Entertainment the worldwide, perpetual, irrevocable, royalty-free, right to exercise all intellectual property rights for any said content, including, but not limited to, user-to-user communications.
Participant Content. The Life Forge even incorporates a communication system that allows You to submit images, videos, films, texts and other communications that can be then viewed by other Participants ("Participant Content"). Skywyre Entertainment provides You with the hosting services for said Participant Contents (the “Participant Content System”). For more information regarding Your rights and obligations concerning Participant Content and the Participant Content System please read Skywyre Entertainment’s Participant Content Policy.
4.2 Changes to the Life Forge System
It is hereby expressly clarified that the Virtual Items, accumulated in Your Account as well as the Avatar You use represent only a limited license right regulated by this EULA. Accordingly, Skywyre Entertainment may, at any time and at Skywyre Entertainment’s sole discretion, update, revise, implement patches or in any other way modify, manage and control the internal data and balancing of the Life Forge System and/or any aspect or feature of the Life Forge, with or without any prior notice to the Participant or responsibility for compensation due to loss or gain of value consequent to these modifications.
You agree that upon launching the Life Forge Client updates may automatically be downloaded and installed on Your hardware for the purpose of improving, enhancing or repairing the Life Forge System.
4.3 Third Parties Proprietary Right
The Life Forge System incorporates third party technologies and/or third party content, including code, text, audio files, graphics, icons, images, characters, items, animations, concepts etc (“Third Party Licensed Material”). Third Party Licensed Material is the property of Third Parties and is protected under international and local immaterial rights laws. You acknowledge that You may not modify, copy, disassemble, decompile, derive source code or create derivative works from Third Party Licensed Material. You further agree to use Third Party Licensed Material only to the extent necessary to use the Life Forge System and/or the Life Forge.
5. LIMITATED WARRANTY
LIMITED WARRANTY. SKYWYRE ENTERTAINMENT REPRESENTS AND WARRANTS THAT IT HAS THE REQUISITE RIGHT AND LEGAL AUTHORITY TO GRANT THE LICENSE AND TO PROVIDE THE LIFE FORGE SYSTEM.
NO FURTHER WARRANTY. THE LIFE FORGE IS PROVIDED TO YOU "AS IS". THE LIFE FORGE IS NOT WARRANTED BY SKYWYRE ENTERTAINMENT TO BE UNINTERRUPTED , COMPLETE, ACCURATE OR ERROR OR BUG FREE. SKYWYRE ENTERTAINMENT MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LIFE FORGE. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. SKYWYRE ENTERTAINMENT'S LIMITATION OF LIABILITY
SKYWYRE ENTERTAINMENT, ITS EMPLOYEES, OFFICERS AND DIRECTORS, ITS AFFILIATES AND SUBSIDIARIES SHALL, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, OR ECONOMIC LOSS , INCLUDING WITHOUT LIMITATION TO ATTORNEY FEES, LOSS OF GOODWILL OR HARDWARE DAMAGES, ARISING FROM THE USE OF THE LIFE FORGE OR IN CONNECTION WITH YOUR TRANSMISSION OR USE OF ANY CONTENT USING THE LIFE FORGE.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, SKYWYRE ENTERTAINMENT SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR, SKILLS AND/OR VIRTUAL ITEMS AND/OR CURRENCIES, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS OR CESSATION OF TRANSMISSION, INTERNET LATENCY, VIRUSES, BUGS, TROJAN HORSES AND THE LIKE, SOFTWARE AND/OR HARDWARE DEFECTS OR ERRORS, UNAUTHORISED USE OF THE LIFE FORGE SYSTEM OR SERVERS, USE OF CONTENT SUBMITTED TO THE LIFE FORGE, AND THE USE OF LIFE FORGE IN GENERAL.
You acknowledge that Skywyre Entertainment will not be liable for any damages or loss caused by failure to perform any term or condition of this Agreement due to conditions beyond Skywyre Entertainment’s reasonable control such as, but not limited to, war, terror attack, strikes, fires, floods, acts of God, governmental or authority restrictions, power failures, or damage or destruction of any network facilities or servers.
Skywyre Entertainment reserves the right to interrupt the services available via Life Forge and/or the operation of the Life Forge System with or without prior notice and for any reason. You agree that Skywyre Entertainment will not be liable for any loss or damage caused by interruption of the Life Forge, delay or failure to perform.
SKYWYRE ENTERTAINMENT'S LIABILITY TOWARDS ANY PARTICIPANT SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT TRANSFERRED INTO THE INVOLVED ACCOUNT BY SAID PARTICIPANT UNDER THE SIX MONTHS PERIOD PRIOR TO THE INCIDENT.
Skywyre Entertainment does not endorse any Participant Content or any opinion, recommendation, or advice expressed therein, and Skywyre Entertainment expressly disclaims any and all liability in connection with Participant Content (see furtherer terms for Participant Content in Paragraph 4.1 above).
SKYWYRE ENTERTAINMENT EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE LIFE FORGE. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THE SPECIAL 'THIRD PARTY'S ITEMS PURCHASE AGREEMENT' TERMS (THAT YOU ACCEPT IN THE CASE OF MAKING A THIRD PARTY ITEM PURCHASE) WILL APPLY AS A COMPLEMENT TO THIS AGREEMENT FOR ANY TRANSACTIONS OR COMMUNICATIONS BETWEEN YOU AND THE THIRD PARTY.
7. Indemnification
You agree to indemnify, defend, and hold Skywyre Entertainment and its officers, employees, subsidiaries and affiliates harmless from and against, any losses suffered, incurred, or caused by You or by third party to the extent resulting from, arising out of, or relating to, any claim:
(i) that You are unlawfully using the Life Forge System or the Life Forge and/or Your Life Forge Account, including usage in breach of this Agreement, and/or;
(ii) that You are non–compliant with any applicable law, regulations, agreement or other legal obligation, and/or;
(iii) that Your Participant Content is infringing upon the proprietary or other rights of any third party.
Notwithstanding anything else in this Agreement for the avoidance of doubt, in case of Termination of your Account you acknowledge and agree to Skywyre Entertainment’s right to set off any claim for any loss sustained against the remaining 'Platinum' value of Your Account or any other refund obligation it might have under this Agreement.
8. Breach of License
Without limiting Skywyre Entertainment's legal remedies, if You fail to comply with the restrictions and limitations of the license herein (see Paragraphs 2-4 above) or if You otherwise breach this EULA or the agreements it incorporates by reference, Skywyre Entertainment may immediately terminate this Agreement, with or without prior notice to You.
You also agree that Skywyre Entertainment has the right to lock Your Life Forge Account in case of suspected Agreement violation during the period of investigation of the said violation.
Termination of this agreement on this ground may also result in Termination or Ban of Your Life Forge Account and termination of the ToU agreement. If Your Account was terminated for any reason, Skywyre Entertainment is under no obligation to provide You with a new license to use the Life Forge System in the future.
9. Equitable Relief
Participant recognizes and acknowledges that any breach of or threat to breach this Agreement by Participant may cause Skywyre Entertainment irreparable harm for which monetary damages may be inadequate. Participant agrees, therefore, that Skywyre Entertainment shall be entitled to an injunction, without posting bond or undertaking and without proof of actual damages, to restrain Participant from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing Skywyre Entertainment from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.
10. Terms of Agreement
10.1. Term
This EULA is effective until terminated by the Participant or by Skywyre Entertainment.
Please note that if Your Account has been Locked or Banned according to the ToU Agreement You are still obliged to comply with this Agreement in its relevant parts.
If any provision of this Agreement shall be void or unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions of this Agreement.
10.2. Termination of the EULA
Skywyre Entertainment may terminate this Agreement upon notice to the Participant. Such expiration may be made for any reason, and may be for one or more Participants.
Skywyre Entertainment reserves the right, pursuant to the conditions set forth in Paragraph 8 (Breach of the Agreement), to terminate this Agreement at Skywyre Entertainment's sole discretion, if You fail to comply with the terms of this Agreement.
The Participant acknowledges that a direct effect of termination of the ToU agreement, by either party and for any reason, will be the immediate termination of this EULA.
If You wish to end this Agreement at any time, You can do so by filing a request for Account Termination through Life Forge Support. Skywyre Entertainment reserves the right to collect fees, surcharges or costs incurred before You terminate this Agreement. In addition, You are responsible for any charges incurred to Third-Party vendors or content providers prior to Your termination.
10.3 Effect of termination of the EULA
The license granted to You by this EULA shall immediately cease, upon termination of the Agreement, either by You or by Skywyre Entertainment. Thus upon termination You must permanently remove the all parts of the Life Forge System, including the Life Forge Client, from Your computer.
All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers, liability and remedy limitations.
11. No Assignment
You may not assign this Agreement and you may not transfer or sublicense any license granted to you by this Agreement, except to the extent expressly permitted by this Agreement and by the ToU with regards to transaction with Virtual Items, or if obtaining a prior written consent from Skywyre Entertainment. Skywyre Entertainment may assign or transfer any of its rights or obligations under this Agreement or any parts thereof without any limitations.
12. Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
13. Additional Terms
Additional terms and conditions are incorporated into this agreement by the following documents in reference:
a. Skywyre Entertainment Privacy Policy
b. Life Forge Polices
c. Life Forge Account Terms of Use
d. Participant Content Policy
14. Forum and Governing Law
14.1 Forum
You agree that all disputes under this Agreement shall be settled by a Canadian court in the city of Edmonton. Notwithstanding the exclusive jurisdiction of a Swedish court as stipulated above, You acknowledge Skywyre Entertainment’s right to apply for injunctive and/or other equitable relief in any court of competent jurisdiction.
14.2 Governing Law
This Agreement is to be governed by, construed and enforced according to the laws of Canada. You agree that any future dispute that might arise between You and Skywyre Entertainment is to be governed by the laws of Canada, without regards to any principles of conflicts of laws and the United Nations convention on contracts for the International Sale of Goods.
15. Final Agreement
15.1 Final Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
15.2 Skywyre Entertainment’s Right to Change the Agreement
By accepting this Agreement and becoming a Participant You agree that Skywyre Entertainment may, at any time, update, revise or change this Agreement if Skywyre Entertainment reasonably consider it necessary to do so and upon prior notice to Participant as follows:
All changes will be posted on the Life Forge website . You should periodically check the website for such changes. If Skywyre Entertainment makes material changes or revisions to this Agreement, Skywyre Entertainment will attempt to provide You with a notice, via the e-mail address You provided upon registration.
Your continued participation in the Life Forge after notification of changes means that You have accepted the changes. If You do not want to accept the changes proposed by Skywyre Entertainment or any of the terms in this Agreement, Your only remedy is to end this Agreement and Terminate Your Account and cease using the Life Forge.
15.3 Conflict between different language versions of this Agreement
You acknowledge and agree that in the event of any inconsistency or conflict between the English version of this Agreement or any part or stipulation thereof, and another language version of this Agreement or any part or stipulation thereof, the English version of this Agreement shall prevail.
I hereby certify that I have read, understood and agree to the EULA. I acknowledge that by running Life Forge or registering an approved Account I hereby entering an obliging agreement with Skywyre Entertainment.