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END USER LICENSE AGREEMENT
WELCOME TO THIS VIDEOGAME PROVIDED TO YOU BY FRICTIONAL GAMES AB. BEFORE ACCESSING AND PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, ANY TOOLS AND/OR RELATED SOFTWARE, SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THIS END USER LICENSE AGREEMENT AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN FRICTIONAL GAMES AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME. IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 26 AND 27, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT, PLEASE DO NOT ACCESS AND PLAY THE GAME. FRICTIONAL GAMES AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THIS END USER LICENSE AGREEMENT. FRICTIONAL GAMES AB MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
1. Acceptance
This document (“End User License Agreement” or “EULA”) is a legal agreement between You (“You”, “End User” or “user”) and Frictional Games AB, a Swedish corporation, with registered and business offices at Stora Nygatan 36, 211 37, Malmö, Sweden (“Frictional Games”), and governs Your use of the Game, whether or not You are a registered End User of Frictional Games or the Game.
PLEASE NOTE THAT BY ACCESSING AND/OR PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THIS END USER LICENSE AGREEMENT. FRICTIONAL GAMES OWNS OR CONTROLS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH THE TERMS HEREIN. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
The Game is a videogame titled Amnesia: A Machine for Pigs, provided to You by Frictional Games AB.
3. Access to the Game
To access and play the Game You must register an account with a platform/service provider for the Game or on the Game’s home page, unless the Game is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Frictional Games reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in-game currency, characters etc. to another person or entity, unless specifically permitted in writing by Frictional Games. Further, You must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If You are at least 13 years old but under 18 years of age you need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of this End User License Agreement.
4. Third Party Accounts
If enabled by Frictional Games in its sole discretion, you may establish an account with account data provided to Frictional Games by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party. Such account data will be handled according to Frictional Games’ privacy policy. Read the privacy policy here: https://frictionalgames.com/privacy-policy/.
5. Registration and warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Frictional Games, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
For information regarding how Frictional Games handle the information you transmit through the Game please visit the Privacy Policy, or see https://frictionalgames.com/privacy-policy/. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.
6. Products and services
FRICTIONAL GAMES RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. FRICTIONAL GAMES MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. FRICTIONAL GAMES MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
7. Payment
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features etc. Where applicable, You agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing Frictional Games and/or the platform/service providers with valid credit card information to secure payment. Frictional Games and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Frictional Games or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Frictional Games or the platform/service provider have had the opportunity to confirm your purchase.
8. Payment terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you are required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the Game’s access page, platform/service provider’s Game access pages etc. Frictional Games may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Frictional Games and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Frictional Games or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Frictional Games’ and/or the platform/service provider’s sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Frictional Games or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Frictional Games or the platform/service provider are not required to collect) and for all hardware, software, mobile/handheld, Internet, Virtual Reality/Augmented Reality equipment (platform specific VR/AR headsets/screen etc.) and other costs you incur to access and play the Game. Frictional Games and/or the platform/service provider reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Frictional Games or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
9. Access and User License
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Frictional Games or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game for your personal use subject to the other applicable provisions, limitations and restrictions in this End User License Agreement. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content not expressly allowed under this Agreement is strictly prohibited. However, you may upload recordings of yourself playing the Game on channels like Twitch.com and YouTube.com etc, provided that such use is done in good taste and does not infringe on the intellectual property rights of Frictional Games or reflect negative on Frictional Games or the Game. If Frictional Games or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Frictional Games’ or the platform/service provider’s discretion.
10. Delivery of products and services, Updates and New Releases
FRICTIONAL GAMES PROVIDES THE GAME ON AN “AS IS” BASIS. FRICTIONAL GAMES OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, FRICTIONAL GAMES OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS DETERMINED BY FRICTIONAL GAMES OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.
FRICTIONAL GAMES MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, FRICTIONAL GAMES WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT FRICTIONAL GAMES MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, OFFER ANY OR ALL OF THE FOREGOING TO YOU. FRICTIONAL GAMES MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, FRICTIONAL GAMES WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, FRICTIONAL GAMES WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
11. Links to other Games etc.
The Game, platforms etc. may contain advertising and links to other games, websites, services etc. Frictional Games does not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Frictional Games be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.
12. Indemnification
Your access to and/or playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Frictional Games, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
13. Termination
THIS END USER LICENSE AGREEMENT IS EFFECTIVE UNTIL AMENDED BY FRICTIONAL GAMES IN ITS SOLE DISCRETION. FRICTIONAL GAMES MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE GAME OR ANY FEATURE, WITHOUT PRIOR NOTICE OR LIABILITY. FRICTIONAL GAMES MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAMES, TERMINATE THE END USER LICENSE AGREEMENT, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THIS END USER LICENSE AGREEMENT AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. FRICTIONAL GAMES MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE GAME; (II) VIA ELECTRONIC MAIL; (III) IN THIS END USER LICENSE AGREEMENT, OR (IV) IN ANOTHER MANNER THAT FRICTIONAL GAMES DEEM SUITABLE TO INFORM YOU OF THE TERMINATION. IF FRICTIONAL GAMES TERMINATES THE GAME, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER SECTIONS 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 AND 32 OF THIS END USER LICENSE AGREEMENT WILL SURVIVE TERMINATION.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY FRICTIONAL GAMES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRICTIONAL GAMES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FRICTIONAL GAMES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF FRICTIONAL GAMES, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH FRICTIONAL GAMES PROVIDE RULES FOR USER CONDUCT AND POSTINGS, FRICTIONAL GAMES DO NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, UPLOAD, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. FRICTIONAL GAMES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
FRICTIONAL GAMES TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CREATED CONTENT, AS DEFINED IN SECTION 19, THAT YOU OR ANY OTHER USERS OR THIRD PARTIES SHARE OR ACCESS WHEN USING THE GAME. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CREATED CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITABLE FOR YOU AND/OR YOUR PURPOSE AND YOU AGREE THAT FRICTIONAL GAMES WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CREATED CONTENT.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FRICTIONAL GAMES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRICTIONAL GAMES, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “FRICTIONAL GAMES” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM FRICTIONAL GAMES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FRICTIONAL GAMES’ RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. FRICTIONAL GAMES TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRICTIONAL GAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRICTIONAL GAMES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT FRICTIONAL GAMES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FRICTIONAL GAMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FRICTIONAL GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRICTIONAL GAMES OR AN FRICTIONAL GAMES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
FRICTIONAL GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND FRICTIONAL GAMES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRICTIONAL GAMES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRICTIONAL GAMES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Frictional Games takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does Frictional Games take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Frictional Games or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Frictional Games Content”) are owned by Frictional Games and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Frictional Games and/or its partners and licensors. Frictional Games and its partners and licensors retain all right, title and interest in and to the Frictional Games Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Frictional Games Content in any form or for any means, unless expressly permitted in this Agreement. Frictional Games' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Frictional Games. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Frictional Games Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Game or Frictional Games Content. Unless explicitly stated herein, nothing in this End User License Agreement shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Frictional Games any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
Except for as otherwise stated in this Agreement, You hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to Frictional Games any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants Frictional Games an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
19. User Created Content and Intellectual Property
A) User Intellectual Property.
By using the Game and tools and/or software related to the Game you may create certain content such as playable levels, in-game items, stories, forum-posts, usernames, modifications and/or other related content (“User Created Content”). Except for the Frictional Games Content contained therein, any intellectual property right and title to such User Created Content will remain, and where applicable, will become your intellectual property created and submitted by you for use in the Game (“User Intellectual Property”).
B) Frictional Games License to User Intellectual Property.
By creating, submitting for publishing, uploading and/or publishing any User Created Content in or in connection with the Game and/or related websites You agree that Frictional Games will be given an irrevocable, sub-licensable, assignable, perpetual, worldwide, paid in full, royalty free license and right to use, utilize, perform, reproduce, incorporate in to the Game, modify, edit, public perform and display, distribute and make derivative works of Your User Created Content and any User Intellectual Property contained therein, separately or as part of any other materials of any kind of nature, for commercial and/or non-commercial use, in any and all media now known or hereafter devised.
C) Guidelines for User Created Content.
User Created Content must comply with all applicable laws as well as guidelines, terms and conditions as stated in this End User License Agreement and requirements as may be notified to You by Frictional Games from time to time and must not contain any content (including, by way of example and not limitation language, sounds, images, designs, patterns, layouts and levels etc.) that includes, is or can be construed to be: (i) graphic depictions of gratuitous or excessive violence; (ii) sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially and/or ethnically charged; (iii) depicting or promoting intoxication or substance abuse; (iv) depicting or promoting negative racial, ethnic, gender, political or religious stereotypes; (v) making negative or disrespectful use of religious symbolism; or (vi) reflecting adversely on the name, reputation, or goodwill of Frictional Games, its partners, the platform etc.
D) Protection of Third Party Rights.
You will be fully responsible for Your User Created Content and represent that any content you post, submit, upload, publish etc. through the Game or in connection with the game or any related websites does not infringe on any third party Intellectual Property Rights or other rights under applicable laws (including such rights as privacy rights etc.). It is your responsibility to make sure that no copyright protected material owned or controlled by third parties is inserted into Your User Created Content without the prior written consent of such third party and that no open source software is contained or uploaded therein.
E) End User Warranties for User Created Content and User Intellectual Property.
By creating, posting, uploading, submitting for publishing and/or publishing any User Created Content in or in conntection with the Game You represent and warrant that: (i) You have all the necessary rights to grant the licenses contained herein; (ii) there is no suit, action, claim, or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Created Content, or any part thereof, or which might in anyway impair the rights granted by You herein; (iii) You have not made the User Created Content to be deliberately offensive or objectionable and that it complies with this End User License Agreement, Frictional Games’ from time to time applicable Guidelines for User Created Content as well as applicable laws; and (iv) You will indemnify and hold harmless Frictional Games for all damages, costs and expenses incurred for breaching these warranties.
F) Penalties and Actions.
Frictional Games may at any time, in its sole discretion, without prior notice delete, remove, or otherwise disable access to, any of Your User Created Content if Frictional Games believes the content is infringing someone else’s Intellectual Property Rights or otherwise infringes this End User License Agreement, Guidelines for User Created Content, Your warranties and representations under this Agreement, or applicable laws. If You believe Frictional Games has removed such content by mistake, you may notify Frictional Games at privacy@frictionalgames.com and Frictional Games may, but has no obligation to, provide You with an opportunity to appeal that decision. If you infringe in any third party Intellectual Property Rights, Frictional Games may or will disable or terminate Your account and take such action as we deem appropriate.
G) Storage of Deleted User Created Content.
Following the deletion of User Created Content, either by You or by Frictional Games, Frictional Games may store the deleted User Created Content for a minimum time of one month on Frictional Games’ servers before complete deletion. In the case that the User Created Content was deleted by You and You change Your mind, and in case Frictional Games did store it, You may request Frictional Games to restore Your deleted User Created Content. Any personal data stored or handled in connection with the storage of deleted User Created Content will be according to our Privacy Policy. You hereby acknowledge, accept and agree to such storage of User Created Content.
20. Take Down Notice
Frictional Games respects the intellectual property of others and expects our users to do so as well. If you believe content in or accessible through the Game is in violation of your copyright or trademark rights, please submit a “Take Down Notice” including the information set out below:
Any such Take Down Notice must be submitted to Frictional Games at privacy@frictionalgames.com and/or by mail to the following address:
Frictional Games AB
Box 15082
250 15 Helsingborg
Sweden
Frictional Games will respond expeditiously to any claims of copyright infringement or other infringement committed using the Game that are reported through a completed Take Down Notice. After reviewing your Take Down Notice, Frictional Games will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Game or disabling access to it. Frictional Games may notify the alleged infringer of your claim and you expressly authorize Frictional Games to do so.
21. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Frictional Games’ rights to control the Game’s environment, and the conduct of the End Users within that environment, Frictional Games prohibits the following practices that Frictional Games has determined detract from the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Frictional Games;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan, modification or other content you may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially,ethnically or otherwise objectionable or offensive;
6) You may not post or communicate any player's real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
9) You may not use language or images that are or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise offensive or objectionable;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, make negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Frictional Games;
11) You may not post, upload or link to any imagery or content that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
12) You may not create, distribute, publish or otherwise make public, in any form, communications, or content created within the Game, that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
13) You may not impersonate any Frictional Games, its employees, consultants, partners etc;
14)You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
15) You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
16) You may not market, promote, advertise, or solicit products or services in the Game;
17) You may not modify any part of the Game, or Clients, Servers etc, other than expressly permitted in this Agreement;
18) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
19) You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
20) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
21) You will not disobey or ignore the instructions of authorized personnel in or related to the Game;
22) You may not organize nor be a member of any pledges or groups within, or relating to, the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
23) You may not provide false information or intentionally hide any information when registering for your account in the Game;
24) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
25) You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to support@frictionalgames.com.
26) You will not attempt to play the Game on any server or platform that is not controlled or authorized by Frictional Games AB, its designees or platform/service providers;
27) You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Frictional Games;
28) You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
29) Using Frictional Games’ copyrights or trademarks or any confusingly similar marks;
30) Uploading invalid data, viruses, worms, or other software agents to the Game;
31) Collecting information from other End Users without obtaining their consent; or
32) You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
33) Otherwise use the Game in any manner that breaches the terms and conditions of this End User License Agreement or the Privacy Policy.
If you post recordings of your playing of the Game on sites lite Twitch.com, YouTube.com etc. you shall refer to the name of the Game and give Frictional Games credit as the developer of the Game. Such recordings and postings shall be done in good taste. If you do upload recordings of yourself playing the Game you must insert disclaimers stating that you are posting the material without any affiliation with Frictional Games or the Game. For example: “This content is not approved, sponsored, paid for, affiliated with or endorsed by Frictional Games, affiliates, platform/service providers etc. Frictional Games, affiliates, platform/service providers etc. have no responsibility for my posting, claims, opinions etc.”.
Account Termination and Content Removal
You may terminate the account and/or license granted to You by this Agreement, and thereby Your access to the Game and any Game Content and/or related content, at any time by contacting us at privacy@frictionalgames.com. Doing so will terminate you from accessing the Game and/or other Game Content until you purchase a new license.
Frictional Games and the platform/service providers may disable access to or remove any of Your User Created Content, close down your account and/or stop your access to the Game for any reason, at any time, without notice, including, but not limited to if we believe that You violate this End User License Agreement, the Privacy Policy, Guidelines for User Created Content, or our other policies and guidelines. You may notify Frictional Games at privacy@frictionalgames.com and we may, but have no obligation to, provide You with an opportunity to appeal the decision.
If Your account or access to the Game is terminated, You will no longer have access to Your Account or the Game, including any of the associated data (though this does not limit or affect any rights you have under data or consumer protection laws). Where Frictional Games terminate Your account for a reason such as a breach of this Agreement, you will not be entitled to any refunds and Frictional Games will have no liability to you and we reserve the right to terminate any other accounts you may have created.
You understand and agree that using the Game comes with the risk that your account may be terminated or suspended in accordance with this Agreement and that, whenever you use the Game, you will bear this risk in mind and always conduct Yourself appropriately.
23. Communication and Feedback
Frictional Games may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Frictional Games may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Frictional Games. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Frictional Games, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to Frictional Games and acknowledge that Frictional Games may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Frictional Games by following the specific instructions in promotional messages or by our customer support at privacy@frictionalgames.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
24. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Frictional Games finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
25. Disputes
Disputes between you and Frictional Games
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST FRICTIONAL GAMES, YOU AGREE TO FIRST CONTACT FRICTIONAL GAMES AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO FRICTIONAL GAMES. THE NOTICE TO FRICTIONAL GAMES MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 33 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND FRICTIONAL GAMES CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 26-29.
User disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
26. Arbitration
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Frictional Games can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Frictional Games in writing about this within 30 days of learning of or obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Game account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Frictional Games AB, Stora Nygatan 36, 211 37, Malmö, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
27. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 26 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
28. Claims
YOU AND FRICTIONAL GAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS END USER LICENSE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
29. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Malmö (Malmö Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this End User License Agreement that is not subject to mandatory arbitration as set forth above in section 26 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Frictional Games may apply to any court of competent jurisdiction for injunctive or other equitable relief.
30. Severability
If for any reason any provision of the End User License Agreement shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
31. Modification
Frictional Games reserves the right, at its discretion, to update or revise this End User License Agreement at any time. Frictional Games will post such changes in the End User License Agreement, the Game and or forums etc. related to the Game and any additional or revised terms will become part of the End User License Agreement. Please check the End User License Agreement periodically for changes. Your continued playing of the Game constitutes your binding acceptance of the End User License Agreement, including any changes or modifications made by Frictional Games as permitted above.
32. Entire agreement, Assignment
This End User License Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Frictional Games may assign its rights under the End User License Agreement without notice to you. You may not assign Your rights under the End User License Agreement.
33. Disclosure
The Game and related products and services hereunder are offered by Frictional Games AB, a Swedish corporation, with registered and business offices at Stora Nygatan 36, 211 37, Malmö, Sweden. If you have questions or concerns about this End User License Agreement, contact us at:
email: privacy@frictionalgames.com.
Telephone: +46(0) 708 88 25 33
Last Updated: 15 May 2020
WELCOME TO THIS VIDEOGAME PROVIDED TO YOU BY FRICTIONAL GAMES AB. BEFORE ACCESSING AND PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, ANY TOOLS AND/OR RELATED SOFTWARE, SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THIS END USER LICENSE AGREEMENT AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN FRICTIONAL GAMES AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME. IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 26 AND 27, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT, PLEASE DO NOT ACCESS AND PLAY THE GAME. FRICTIONAL GAMES AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THIS END USER LICENSE AGREEMENT. FRICTIONAL GAMES AB MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
1. Acceptance
This document (“End User License Agreement” or “EULA”) is a legal agreement between You (“You”, “End User” or “user”) and Frictional Games AB, a Swedish corporation, with registered and business offices at Stora Nygatan 36, 211 37, Malmö, Sweden (“Frictional Games”), and governs Your use of the Game, whether or not You are a registered End User of Frictional Games or the Game.
PLEASE NOTE THAT BY ACCESSING AND/OR PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THIS END USER LICENSE AGREEMENT. FRICTIONAL GAMES OWNS OR CONTROLS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH THE TERMS HEREIN. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
The Game is a videogame titled Amnesia: A Machine for Pigs, provided to You by Frictional Games AB.
3. Access to the Game
To access and play the Game You must register an account with a platform/service provider for the Game or on the Game’s home page, unless the Game is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Frictional Games reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in-game currency, characters etc. to another person or entity, unless specifically permitted in writing by Frictional Games. Further, You must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If You are at least 13 years old but under 18 years of age you need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of this End User License Agreement.
4. Third Party Accounts
If enabled by Frictional Games in its sole discretion, you may establish an account with account data provided to Frictional Games by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party. Such account data will be handled according to Frictional Games’ privacy policy. Read the privacy policy here: https://frictionalgames.com/privacy-policy/.
5. Registration and warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Frictional Games, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
For information regarding how Frictional Games handle the information you transmit through the Game please visit the Privacy Policy, or see https://frictionalgames.com/privacy-policy/. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.
6. Products and services
FRICTIONAL GAMES RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. FRICTIONAL GAMES MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. FRICTIONAL GAMES MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
7. Payment
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features etc. Where applicable, You agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing Frictional Games and/or the platform/service providers with valid credit card information to secure payment. Frictional Games and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Frictional Games or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Frictional Games or the platform/service provider have had the opportunity to confirm your purchase.
8. Payment terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you are required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the Game’s access page, platform/service provider’s Game access pages etc. Frictional Games may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Frictional Games and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Frictional Games or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Frictional Games’ and/or the platform/service provider’s sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Frictional Games or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Frictional Games or the platform/service provider are not required to collect) and for all hardware, software, mobile/handheld, Internet, Virtual Reality/Augmented Reality equipment (platform specific VR/AR headsets/screen etc.) and other costs you incur to access and play the Game. Frictional Games and/or the platform/service provider reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Frictional Games or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
9. Access and User License
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Frictional Games or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game for your personal use subject to the other applicable provisions, limitations and restrictions in this End User License Agreement. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content not expressly allowed under this Agreement is strictly prohibited. However, you may upload recordings of yourself playing the Game on channels like Twitch.com and YouTube.com etc, provided that such use is done in good taste and does not infringe on the intellectual property rights of Frictional Games or reflect negative on Frictional Games or the Game. If Frictional Games or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Frictional Games’ or the platform/service provider’s discretion.
10. Delivery of products and services, Updates and New Releases
FRICTIONAL GAMES PROVIDES THE GAME ON AN “AS IS” BASIS. FRICTIONAL GAMES OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, FRICTIONAL GAMES OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS DETERMINED BY FRICTIONAL GAMES OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.
FRICTIONAL GAMES MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, FRICTIONAL GAMES WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT FRICTIONAL GAMES MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, OFFER ANY OR ALL OF THE FOREGOING TO YOU. FRICTIONAL GAMES MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, FRICTIONAL GAMES WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, FRICTIONAL GAMES WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
11. Links to other Games etc.
The Game, platforms etc. may contain advertising and links to other games, websites, services etc. Frictional Games does not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Frictional Games be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.
12. Indemnification
Your access to and/or playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Frictional Games, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
13. Termination
THIS END USER LICENSE AGREEMENT IS EFFECTIVE UNTIL AMENDED BY FRICTIONAL GAMES IN ITS SOLE DISCRETION. FRICTIONAL GAMES MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE GAME OR ANY FEATURE, WITHOUT PRIOR NOTICE OR LIABILITY. FRICTIONAL GAMES MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAMES, TERMINATE THE END USER LICENSE AGREEMENT, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THIS END USER LICENSE AGREEMENT AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. FRICTIONAL GAMES MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE GAME; (II) VIA ELECTRONIC MAIL; (III) IN THIS END USER LICENSE AGREEMENT, OR (IV) IN ANOTHER MANNER THAT FRICTIONAL GAMES DEEM SUITABLE TO INFORM YOU OF THE TERMINATION. IF FRICTIONAL GAMES TERMINATES THE GAME, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER SECTIONS 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 AND 32 OF THIS END USER LICENSE AGREEMENT WILL SURVIVE TERMINATION.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY FRICTIONAL GAMES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRICTIONAL GAMES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FRICTIONAL GAMES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF FRICTIONAL GAMES, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH FRICTIONAL GAMES PROVIDE RULES FOR USER CONDUCT AND POSTINGS, FRICTIONAL GAMES DO NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, UPLOAD, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. FRICTIONAL GAMES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
FRICTIONAL GAMES TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CREATED CONTENT, AS DEFINED IN SECTION 19, THAT YOU OR ANY OTHER USERS OR THIRD PARTIES SHARE OR ACCESS WHEN USING THE GAME. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CREATED CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITABLE FOR YOU AND/OR YOUR PURPOSE AND YOU AGREE THAT FRICTIONAL GAMES WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CREATED CONTENT.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FRICTIONAL GAMES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRICTIONAL GAMES, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “FRICTIONAL GAMES” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM FRICTIONAL GAMES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FRICTIONAL GAMES’ RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. FRICTIONAL GAMES TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRICTIONAL GAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRICTIONAL GAMES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT FRICTIONAL GAMES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FRICTIONAL GAMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FRICTIONAL GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRICTIONAL GAMES OR AN FRICTIONAL GAMES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
FRICTIONAL GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND FRICTIONAL GAMES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRICTIONAL GAMES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRICTIONAL GAMES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Frictional Games takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does Frictional Games take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Frictional Games or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Frictional Games Content”) are owned by Frictional Games and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Frictional Games and/or its partners and licensors. Frictional Games and its partners and licensors retain all right, title and interest in and to the Frictional Games Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Frictional Games Content in any form or for any means, unless expressly permitted in this Agreement. Frictional Games' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Frictional Games. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Frictional Games Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Game or Frictional Games Content. Unless explicitly stated herein, nothing in this End User License Agreement shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Frictional Games any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
Except for as otherwise stated in this Agreement, You hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to Frictional Games any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants Frictional Games an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
19. User Created Content and Intellectual Property
A) User Intellectual Property.
By using the Game and tools and/or software related to the Game you may create certain content such as playable levels, in-game items, stories, forum-posts, usernames, modifications and/or other related content (“User Created Content”). Except for the Frictional Games Content contained therein, any intellectual property right and title to such User Created Content will remain, and where applicable, will become your intellectual property created and submitted by you for use in the Game (“User Intellectual Property”).
B) Frictional Games License to User Intellectual Property.
By creating, submitting for publishing, uploading and/or publishing any User Created Content in or in connection with the Game and/or related websites You agree that Frictional Games will be given an irrevocable, sub-licensable, assignable, perpetual, worldwide, paid in full, royalty free license and right to use, utilize, perform, reproduce, incorporate in to the Game, modify, edit, public perform and display, distribute and make derivative works of Your User Created Content and any User Intellectual Property contained therein, separately or as part of any other materials of any kind of nature, for commercial and/or non-commercial use, in any and all media now known or hereafter devised.
C) Guidelines for User Created Content.
User Created Content must comply with all applicable laws as well as guidelines, terms and conditions as stated in this End User License Agreement and requirements as may be notified to You by Frictional Games from time to time and must not contain any content (including, by way of example and not limitation language, sounds, images, designs, patterns, layouts and levels etc.) that includes, is or can be construed to be: (i) graphic depictions of gratuitous or excessive violence; (ii) sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially and/or ethnically charged; (iii) depicting or promoting intoxication or substance abuse; (iv) depicting or promoting negative racial, ethnic, gender, political or religious stereotypes; (v) making negative or disrespectful use of religious symbolism; or (vi) reflecting adversely on the name, reputation, or goodwill of Frictional Games, its partners, the platform etc.
D) Protection of Third Party Rights.
You will be fully responsible for Your User Created Content and represent that any content you post, submit, upload, publish etc. through the Game or in connection with the game or any related websites does not infringe on any third party Intellectual Property Rights or other rights under applicable laws (including such rights as privacy rights etc.). It is your responsibility to make sure that no copyright protected material owned or controlled by third parties is inserted into Your User Created Content without the prior written consent of such third party and that no open source software is contained or uploaded therein.
E) End User Warranties for User Created Content and User Intellectual Property.
By creating, posting, uploading, submitting for publishing and/or publishing any User Created Content in or in conntection with the Game You represent and warrant that: (i) You have all the necessary rights to grant the licenses contained herein; (ii) there is no suit, action, claim, or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Created Content, or any part thereof, or which might in anyway impair the rights granted by You herein; (iii) You have not made the User Created Content to be deliberately offensive or objectionable and that it complies with this End User License Agreement, Frictional Games’ from time to time applicable Guidelines for User Created Content as well as applicable laws; and (iv) You will indemnify and hold harmless Frictional Games for all damages, costs and expenses incurred for breaching these warranties.
F) Penalties and Actions.
Frictional Games may at any time, in its sole discretion, without prior notice delete, remove, or otherwise disable access to, any of Your User Created Content if Frictional Games believes the content is infringing someone else’s Intellectual Property Rights or otherwise infringes this End User License Agreement, Guidelines for User Created Content, Your warranties and representations under this Agreement, or applicable laws. If You believe Frictional Games has removed such content by mistake, you may notify Frictional Games at privacy@frictionalgames.com and Frictional Games may, but has no obligation to, provide You with an opportunity to appeal that decision. If you infringe in any third party Intellectual Property Rights, Frictional Games may or will disable or terminate Your account and take such action as we deem appropriate.
G) Storage of Deleted User Created Content.
Following the deletion of User Created Content, either by You or by Frictional Games, Frictional Games may store the deleted User Created Content for a minimum time of one month on Frictional Games’ servers before complete deletion. In the case that the User Created Content was deleted by You and You change Your mind, and in case Frictional Games did store it, You may request Frictional Games to restore Your deleted User Created Content. Any personal data stored or handled in connection with the storage of deleted User Created Content will be according to our Privacy Policy. You hereby acknowledge, accept and agree to such storage of User Created Content.
20. Take Down Notice
Frictional Games respects the intellectual property of others and expects our users to do so as well. If you believe content in or accessible through the Game is in violation of your copyright or trademark rights, please submit a “Take Down Notice” including the information set out below:
- A statement identifying in sufficient detail the work or intellectual property you claim has been infringed, or – if multiple works are covered by this Take Down Notice – you may also provide a representative list of the works you claim have been infringed;
- A statement identifying in sufficient detail the work, content, or intellectual property you claim to be infringing and, if possible, its location within the Game, so that the material can be located;
- A statement that you have a good faith belief that use of the content or material identified in the Take Down Notice is not authorized by the owner of the intellectual property, an agent of the owner, or applicable law;
- A statement that the information in the Take Down Notice is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work or intellectual property that is allegedly being infringed; and
- Sufficient contact details for the person making the complaint, including an address, telephone number, and e-mail address as well as the physical or electronic signature of the person making the complaint. All such personal data to be handled according to our Privacy Policy.
Any such Take Down Notice must be submitted to Frictional Games at privacy@frictionalgames.com and/or by mail to the following address:
Frictional Games AB
Box 15082
250 15 Helsingborg
Sweden
Frictional Games will respond expeditiously to any claims of copyright infringement or other infringement committed using the Game that are reported through a completed Take Down Notice. After reviewing your Take Down Notice, Frictional Games will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Game or disabling access to it. Frictional Games may notify the alleged infringer of your claim and you expressly authorize Frictional Games to do so.
21. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Frictional Games’ rights to control the Game’s environment, and the conduct of the End Users within that environment, Frictional Games prohibits the following practices that Frictional Games has determined detract from the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Frictional Games;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan, modification or other content you may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially,ethnically or otherwise objectionable or offensive;
6) You may not post or communicate any player's real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
9) You may not use language or images that are or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise offensive or objectionable;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, make negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Frictional Games;
11) You may not post, upload or link to any imagery or content that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
12) You may not create, distribute, publish or otherwise make public, in any form, communications, or content created within the Game, that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
13) You may not impersonate any Frictional Games, its employees, consultants, partners etc;
14)You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
15) You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
16) You may not market, promote, advertise, or solicit products or services in the Game;
17) You may not modify any part of the Game, or Clients, Servers etc, other than expressly permitted in this Agreement;
18) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
19) You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
20) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
21) You will not disobey or ignore the instructions of authorized personnel in or related to the Game;
22) You may not organize nor be a member of any pledges or groups within, or relating to, the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
23) You may not provide false information or intentionally hide any information when registering for your account in the Game;
24) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
25) You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to support@frictionalgames.com.
26) You will not attempt to play the Game on any server or platform that is not controlled or authorized by Frictional Games AB, its designees or platform/service providers;
27) You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Frictional Games;
28) You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
29) Using Frictional Games’ copyrights or trademarks or any confusingly similar marks;
30) Uploading invalid data, viruses, worms, or other software agents to the Game;
31) Collecting information from other End Users without obtaining their consent; or
32) You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
33) Otherwise use the Game in any manner that breaches the terms and conditions of this End User License Agreement or the Privacy Policy.
If you post recordings of your playing of the Game on sites lite Twitch.com, YouTube.com etc. you shall refer to the name of the Game and give Frictional Games credit as the developer of the Game. Such recordings and postings shall be done in good taste. If you do upload recordings of yourself playing the Game you must insert disclaimers stating that you are posting the material without any affiliation with Frictional Games or the Game. For example: “This content is not approved, sponsored, paid for, affiliated with or endorsed by Frictional Games, affiliates, platform/service providers etc. Frictional Games, affiliates, platform/service providers etc. have no responsibility for my posting, claims, opinions etc.”.
Account Termination and Content Removal
You may terminate the account and/or license granted to You by this Agreement, and thereby Your access to the Game and any Game Content and/or related content, at any time by contacting us at privacy@frictionalgames.com. Doing so will terminate you from accessing the Game and/or other Game Content until you purchase a new license.
Frictional Games and the platform/service providers may disable access to or remove any of Your User Created Content, close down your account and/or stop your access to the Game for any reason, at any time, without notice, including, but not limited to if we believe that You violate this End User License Agreement, the Privacy Policy, Guidelines for User Created Content, or our other policies and guidelines. You may notify Frictional Games at privacy@frictionalgames.com and we may, but have no obligation to, provide You with an opportunity to appeal the decision.
If Your account or access to the Game is terminated, You will no longer have access to Your Account or the Game, including any of the associated data (though this does not limit or affect any rights you have under data or consumer protection laws). Where Frictional Games terminate Your account for a reason such as a breach of this Agreement, you will not be entitled to any refunds and Frictional Games will have no liability to you and we reserve the right to terminate any other accounts you may have created.
You understand and agree that using the Game comes with the risk that your account may be terminated or suspended in accordance with this Agreement and that, whenever you use the Game, you will bear this risk in mind and always conduct Yourself appropriately.
23. Communication and Feedback
Frictional Games may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Frictional Games may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Frictional Games. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Frictional Games, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to Frictional Games and acknowledge that Frictional Games may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Frictional Games by following the specific instructions in promotional messages or by our customer support at privacy@frictionalgames.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
24. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Frictional Games finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
25. Disputes
Disputes between you and Frictional Games
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST FRICTIONAL GAMES, YOU AGREE TO FIRST CONTACT FRICTIONAL GAMES AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO FRICTIONAL GAMES. THE NOTICE TO FRICTIONAL GAMES MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 33 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND FRICTIONAL GAMES CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 26-29.
User disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
26. Arbitration
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Frictional Games can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Frictional Games in writing about this within 30 days of learning of or obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Game account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Frictional Games AB, Stora Nygatan 36, 211 37, Malmö, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
27. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 26 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
28. Claims
YOU AND FRICTIONAL GAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS END USER LICENSE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
29. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Malmö (Malmö Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this End User License Agreement that is not subject to mandatory arbitration as set forth above in section 26 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Frictional Games may apply to any court of competent jurisdiction for injunctive or other equitable relief.
30. Severability
If for any reason any provision of the End User License Agreement shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
31. Modification
Frictional Games reserves the right, at its discretion, to update or revise this End User License Agreement at any time. Frictional Games will post such changes in the End User License Agreement, the Game and or forums etc. related to the Game and any additional or revised terms will become part of the End User License Agreement. Please check the End User License Agreement periodically for changes. Your continued playing of the Game constitutes your binding acceptance of the End User License Agreement, including any changes or modifications made by Frictional Games as permitted above.
32. Entire agreement, Assignment
This End User License Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Frictional Games may assign its rights under the End User License Agreement without notice to you. You may not assign Your rights under the End User License Agreement.
33. Disclosure
The Game and related products and services hereunder are offered by Frictional Games AB, a Swedish corporation, with registered and business offices at Stora Nygatan 36, 211 37, Malmö, Sweden. If you have questions or concerns about this End User License Agreement, contact us at:
email: privacy@frictionalgames.com.
Telephone: +46(0) 708 88 25 33
Last Updated: 15 May 2020