Language: |
RUSH TO ADVENTURE END USER LICENSE AGREEMENT
PLEASE READ TERMS CAREFULLY BEFORE INSTALLING THE “RUSH TO
ADVENTURE” (”THE GAME”) SOFTWARE PRODUCT.
THIS LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU
(HEREIN ALSO REFERRED TO AS “END USER” AND “LICENSEE”) AND DIGITAL
AWAKENING AB (HEREIN REFERRED TO AS “LICENSOR”). YOUR RIGHT TO USE THE
SOFTWARE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THE TERMS HEREIN.
IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT DOWNLOAD, INSTALL OR
USE THE SOFTWARE PRODUCT.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR.
BEFORE INSTALLING THE SOFTWARE PRODUCT PLEASE MAKE SURE THAT YOUR
DEVICE MEETS THE TECHNICAL SPECIFICATIONS FOR THE PROPER OPERATION
OF THIS SOFTWARE PRODUCT. UNLESS OTHERWISE AGREED, ALL PURCHASES
ARE FINAL AND WILL UNDER NO CIRCUMSTANCES BE REFUNDABLE,
TRANSFERABLE OR EXCHANGEABLE.
1. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
It is hereby understood and agreed that Licensor is the owner of all rights in and to the
Software Product, including but not limited to copyrights, trademarks, designs, patents,
trade secrets, title, computer code, methods, production, themes, characters, character
likeness, dialog, stories, artworks, animations, musical works, recordings, moral rights and
all other interest in the Software Product. The Software Product is licensed, not sold, to you
by Licensor for use only under the terms and conditions of this EULA. You, as Licensee,
through your downloading, installing, copying or use of this product do not acquire any
ownership rights to the Software Product.
Licensor shall retain all right, title, and interest in the Software Product and to any
modifications, improvements, upgrades or updates made thereto provided to End User.
The Software Product is protected by copyright and trademark laws and applicable
international intellectual property laws and treaties.
The Software Product may not be copied, reproduced, or distributed in any manner or
medium, in whole or in part, without prior written consent from Licensor. Any violation in
respect hereof will be regarded as an infringement of Licensor’s copyrights in and to the
Software Product.
2. SOFTWARE PRODUCT
The Software Product, as used in this EULA shall be understood as:
- The Game including all copies, upgrades, updates, modified versions of the Software
Product, if any, provided to you by Licensor under this EULA.
- Any and all contents, components, attachments, software, media, and code delivered via
a Website;
- Any and all game contents, including but not limited to artwork, graphics, design, images,
photographs, fonts, music, characters.
- All related written materials and instructions or other documentation.
3. LICENSE AND RESTRICTIONS
Licensor hereby grants you a limited, non-exclusive, non-transferable and revocable license
to download one copy of the Software Product for your personal, non-commercial use on
one single game play divice (e.g. computer, mobile device, or gaming console), owned or
controlled by you. You may make one (1) backup copy of the Software Product, provided
that such backup copy is not installed or used on any unit you do not own or control in
violation to the terms set forth in this EULA.
The license given in this EULA also includes updates and modified versions of the Game.
By downloading, installing, copying or otherwise using the Software Product you agree not
to:
- Copy or reproduce, auction, loan, rent, lease, sublicense, gift, transfer or otherwise
assign the Software Product;
- Commercially exploit Software Product, including but not limited to, using or copying the
Software at a computer gaming center or any other location-based site; for gathering in-
game values, items or resources for sale outside the Game; or performing in-game
services in exchange for payment outside the Game;
- Electronically transfer the Software Product, or make a copy of the Software Product or
any part thereof available either through LAN or file sharing network; or
- Reverse engineer, modify, adapt, translate, derive source code from, disassemble,
decompile or create derivative works based on the Software Product or any
accompanying material;
- Use, develop or sell cheats, automation software (bots), hacks, mods or any other
unauthorised third-party software designed to modify the Software Product;
- Remove, disable or circumvent any security protections, proprietary notices or labels
contained on or within the Software Product; or
- Violate any terms, policies, licenses, or code of conduct for any online features of the
Software Product.
- Export or re-export the Software Product unless authorised by applicable laws of the
jurisdiction in which the Software Product was obtained.
You may not, without Licensors express written consent, reproduce, distribute, display or
modify the Software Product or portion(s) thereof.
4. TERM AND TERMINATION
This License is effective until terminated by either you or Licensor. You may terminate the
license at any time by disposal of the Software Product. Licensor may terminate this
Agreement at any time for any reason. Should you fail to comply with any of the terms or
conditions set forth in this EULA, your rights hereunder will terminate automatically, without
given notice from Licensor. Upon such termination, you must immediately and permanently
destroy and dispose all copies of the Software Product in your possession and control and
remove it from your hard drive.
The term of this EULA runs concurrently with the period during which the consumer uses
and retains the Software Product and any updates, modifications and such thereof.
5. USER INFORMATION
In order to use the Software Product, or for certain features of the Software to operate
properly, you may be required to have and maintain a valid and active user account with an
online service, such as a third-party gaming platform or social network account, or an
account with Licensor or a Licensor affiliate. If you do not maintain such account certain
features may not operate or may cease to function properly, either in whole or in part. You
are responsible for all use and the security of any user accounts that you use to access and
use the Software Product.
In order to facilitate software updates, improvement and product support, Licensor may
need to, and shall have the right to collect user’s personal and technical information,
including but not limited to username, age, country of residence, IP address, computer
configuration and software usage. Such information shall not be sold or transferred to any
third parties without End User’s consent.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE SOFTWARE
PRODUCT IS AT YOUR OWN RISK. LICENSOR DO NOT WARRANT OR GUARANTEE
THAT YOU WILL BE SATISFIED WITH THE GAME QUALITY, ACCURACY,
PERFORMANCE AND OTHER FEATURES OF THE SOFTWARE PRODUCT. THE
SOFTWARE PRODUCT MAY CONTAIN FAULTS, INTERRUPTIONS AND ERRORS.
LICENSOR DO NOT WARRANT THAT ANY SUCH DEFECTS WILL BE CURED OR
CORRECTED AND CAN NOT ENSURE ERROR-FREE, SECURE OR VIRUS-FREE
OPERATION OF THE SOFTWARE PRODUCT.
LICENSOR DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, COMPATIBILITY AND ACCURACY.
THIS WARRANTY IS IN LIEUE OF ANY OTHER ORAL OR WRITTEN WARRANTY,
EXPRESS OR IMPLIED BY LICENSOR. NO OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND SHALL BE BINDING ON LICENSOR.
7. LIMITATION OF LIABILITY
LICENSOR DO NOT ACCEPT LIABILITY FOR SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM USE OF THE SOFTWARE PRODUCT,
OR MALFUNCTION OF THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED
TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF IN-GAME VALUES,
COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY
LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST
PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE SOFTWARE PRODUCT, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR
OTHERWISE.
LICENSOR DO NOT ACCEPT LIABILITY FOR LOSS OF LOG IN INFORMATION, OR IN-
GAME VALUES.
LICENSOR DO NOT ACCEPT LIABILITY FOR END USER’S MISUSE OF THE GAME OR
CONDUCT INCLUDING BUT NOT LIMITED TO STATEMENTS MADE BY END USER
PUBLISHED ON FORUMS IN RELATION TO THE GAME, OR CRIMINAL ACTIONS
COMMITTED BY END USER IN RELATION TO THE GAME.
IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES EXCEED THE
ACTUAL PRICE PAID BY END USER FOR USE OF THE SOFTWARE PRODUCT, OR,
REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE
RETAIL VALUE.
8. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, ITS
PARTNERS, AFFILIATES, CONTRACTORS, EMPLOYEES, OTHER LICENSEES,
SUBLICENSEES, SUCCESSORS AND ASSIGNS HARMLESS FROM ALL DAMAGES,
LOSSES AND EXPENSES ARISING FROM ANY CLAIM, SUIT OR CAUSE OF ACTION
RELATING TO/ ARISING DIRECTLY FROM YOUR ACTS AND OMISSIONS TO ACT IN
USING THE SOFTWARE PRODUCT PURSUANT TO THE TERMS OF THIS EULA. YOUR
INDEMNIFICATIONS SET FORTH HEREIN SHALL SURVIVE THE TERMINATION OF
THIS EULA.
9. GOVERNING LAW AND JURISDICTION
This EULA shall be governed and construed in accordance with the laws of Sweden.
This EULA shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. You hereby agree that the courts of Stockholm, Sweden, shall
have exclusive personal and subject matter jurisdiction for making and solving any such
claims. You 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. Licensor reserves the
right to make any claim against you and seek and be granted any legal or equitable remedy
against you in any court anywhere in the world.
10. WAIVER
Licensor’s failure to act with respect to a breach by you or others of this EULA does not
waive Licensor’s right to act with respect to subsequent or similar breaches. Should any
provision of this Agreement be held to be void, invalid or inoperative, the remainder of this
EULA shall continue in full force and effect.
PLEASE READ TERMS CAREFULLY BEFORE INSTALLING THE “RUSH TO
ADVENTURE” (”THE GAME”) SOFTWARE PRODUCT.
THIS LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU
(HEREIN ALSO REFERRED TO AS “END USER” AND “LICENSEE”) AND DIGITAL
AWAKENING AB (HEREIN REFERRED TO AS “LICENSOR”). YOUR RIGHT TO USE THE
SOFTWARE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THE TERMS HEREIN.
IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT DOWNLOAD, INSTALL OR
USE THE SOFTWARE PRODUCT.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR.
BEFORE INSTALLING THE SOFTWARE PRODUCT PLEASE MAKE SURE THAT YOUR
DEVICE MEETS THE TECHNICAL SPECIFICATIONS FOR THE PROPER OPERATION
OF THIS SOFTWARE PRODUCT. UNLESS OTHERWISE AGREED, ALL PURCHASES
ARE FINAL AND WILL UNDER NO CIRCUMSTANCES BE REFUNDABLE,
TRANSFERABLE OR EXCHANGEABLE.
1. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
It is hereby understood and agreed that Licensor is the owner of all rights in and to the
Software Product, including but not limited to copyrights, trademarks, designs, patents,
trade secrets, title, computer code, methods, production, themes, characters, character
likeness, dialog, stories, artworks, animations, musical works, recordings, moral rights and
all other interest in the Software Product. The Software Product is licensed, not sold, to you
by Licensor for use only under the terms and conditions of this EULA. You, as Licensee,
through your downloading, installing, copying or use of this product do not acquire any
ownership rights to the Software Product.
Licensor shall retain all right, title, and interest in the Software Product and to any
modifications, improvements, upgrades or updates made thereto provided to End User.
The Software Product is protected by copyright and trademark laws and applicable
international intellectual property laws and treaties.
The Software Product may not be copied, reproduced, or distributed in any manner or
medium, in whole or in part, without prior written consent from Licensor. Any violation in
respect hereof will be regarded as an infringement of Licensor’s copyrights in and to the
Software Product.
2. SOFTWARE PRODUCT
The Software Product, as used in this EULA shall be understood as:
- The Game including all copies, upgrades, updates, modified versions of the Software
Product, if any, provided to you by Licensor under this EULA.
- Any and all contents, components, attachments, software, media, and code delivered via
a Website;
- Any and all game contents, including but not limited to artwork, graphics, design, images,
photographs, fonts, music, characters.
- All related written materials and instructions or other documentation.
3. LICENSE AND RESTRICTIONS
Licensor hereby grants you a limited, non-exclusive, non-transferable and revocable license
to download one copy of the Software Product for your personal, non-commercial use on
one single game play divice (e.g. computer, mobile device, or gaming console), owned or
controlled by you. You may make one (1) backup copy of the Software Product, provided
that such backup copy is not installed or used on any unit you do not own or control in
violation to the terms set forth in this EULA.
The license given in this EULA also includes updates and modified versions of the Game.
By downloading, installing, copying or otherwise using the Software Product you agree not
to:
- Copy or reproduce, auction, loan, rent, lease, sublicense, gift, transfer or otherwise
assign the Software Product;
- Commercially exploit Software Product, including but not limited to, using or copying the
Software at a computer gaming center or any other location-based site; for gathering in-
game values, items or resources for sale outside the Game; or performing in-game
services in exchange for payment outside the Game;
- Electronically transfer the Software Product, or make a copy of the Software Product or
any part thereof available either through LAN or file sharing network; or
- Reverse engineer, modify, adapt, translate, derive source code from, disassemble,
decompile or create derivative works based on the Software Product or any
accompanying material;
- Use, develop or sell cheats, automation software (bots), hacks, mods or any other
unauthorised third-party software designed to modify the Software Product;
- Remove, disable or circumvent any security protections, proprietary notices or labels
contained on or within the Software Product; or
- Violate any terms, policies, licenses, or code of conduct for any online features of the
Software Product.
- Export or re-export the Software Product unless authorised by applicable laws of the
jurisdiction in which the Software Product was obtained.
You may not, without Licensors express written consent, reproduce, distribute, display or
modify the Software Product or portion(s) thereof.
4. TERM AND TERMINATION
This License is effective until terminated by either you or Licensor. You may terminate the
license at any time by disposal of the Software Product. Licensor may terminate this
Agreement at any time for any reason. Should you fail to comply with any of the terms or
conditions set forth in this EULA, your rights hereunder will terminate automatically, without
given notice from Licensor. Upon such termination, you must immediately and permanently
destroy and dispose all copies of the Software Product in your possession and control and
remove it from your hard drive.
The term of this EULA runs concurrently with the period during which the consumer uses
and retains the Software Product and any updates, modifications and such thereof.
5. USER INFORMATION
In order to use the Software Product, or for certain features of the Software to operate
properly, you may be required to have and maintain a valid and active user account with an
online service, such as a third-party gaming platform or social network account, or an
account with Licensor or a Licensor affiliate. If you do not maintain such account certain
features may not operate or may cease to function properly, either in whole or in part. You
are responsible for all use and the security of any user accounts that you use to access and
use the Software Product.
In order to facilitate software updates, improvement and product support, Licensor may
need to, and shall have the right to collect user’s personal and technical information,
including but not limited to username, age, country of residence, IP address, computer
configuration and software usage. Such information shall not be sold or transferred to any
third parties without End User’s consent.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE SOFTWARE
PRODUCT IS AT YOUR OWN RISK. LICENSOR DO NOT WARRANT OR GUARANTEE
THAT YOU WILL BE SATISFIED WITH THE GAME QUALITY, ACCURACY,
PERFORMANCE AND OTHER FEATURES OF THE SOFTWARE PRODUCT. THE
SOFTWARE PRODUCT MAY CONTAIN FAULTS, INTERRUPTIONS AND ERRORS.
LICENSOR DO NOT WARRANT THAT ANY SUCH DEFECTS WILL BE CURED OR
CORRECTED AND CAN NOT ENSURE ERROR-FREE, SECURE OR VIRUS-FREE
OPERATION OF THE SOFTWARE PRODUCT.
LICENSOR DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, COMPATIBILITY AND ACCURACY.
THIS WARRANTY IS IN LIEUE OF ANY OTHER ORAL OR WRITTEN WARRANTY,
EXPRESS OR IMPLIED BY LICENSOR. NO OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND SHALL BE BINDING ON LICENSOR.
7. LIMITATION OF LIABILITY
LICENSOR DO NOT ACCEPT LIABILITY FOR SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM USE OF THE SOFTWARE PRODUCT,
OR MALFUNCTION OF THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED
TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, LOSS OF IN-GAME VALUES,
COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY
LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST
PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE SOFTWARE PRODUCT, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR
OTHERWISE.
LICENSOR DO NOT ACCEPT LIABILITY FOR LOSS OF LOG IN INFORMATION, OR IN-
GAME VALUES.
LICENSOR DO NOT ACCEPT LIABILITY FOR END USER’S MISUSE OF THE GAME OR
CONDUCT INCLUDING BUT NOT LIMITED TO STATEMENTS MADE BY END USER
PUBLISHED ON FORUMS IN RELATION TO THE GAME, OR CRIMINAL ACTIONS
COMMITTED BY END USER IN RELATION TO THE GAME.
IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES EXCEED THE
ACTUAL PRICE PAID BY END USER FOR USE OF THE SOFTWARE PRODUCT, OR,
REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE
RETAIL VALUE.
8. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, ITS
PARTNERS, AFFILIATES, CONTRACTORS, EMPLOYEES, OTHER LICENSEES,
SUBLICENSEES, SUCCESSORS AND ASSIGNS HARMLESS FROM ALL DAMAGES,
LOSSES AND EXPENSES ARISING FROM ANY CLAIM, SUIT OR CAUSE OF ACTION
RELATING TO/ ARISING DIRECTLY FROM YOUR ACTS AND OMISSIONS TO ACT IN
USING THE SOFTWARE PRODUCT PURSUANT TO THE TERMS OF THIS EULA. YOUR
INDEMNIFICATIONS SET FORTH HEREIN SHALL SURVIVE THE TERMINATION OF
THIS EULA.
9. GOVERNING LAW AND JURISDICTION
This EULA shall be governed and construed in accordance with the laws of Sweden.
This EULA shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. You hereby agree that the courts of Stockholm, Sweden, shall
have exclusive personal and subject matter jurisdiction for making and solving any such
claims. You 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. Licensor reserves the
right to make any claim against you and seek and be granted any legal or equitable remedy
against you in any court anywhere in the world.
10. WAIVER
Licensor’s failure to act with respect to a breach by you or others of this EULA does not
waive Licensor’s right to act with respect to subsequent or similar breaches. Should any
provision of this Agreement be held to be void, invalid or inoperative, the remainder of this
EULA shall continue in full force and effect.