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END USER LICENSE AGREEMENT (EULA)
DEADBREED®
Updated: July 1st, 2014
Deadbreed® (the “Game”) is a session-based, multiplayer online battle-arena computer game developed and operated by Deadbreed AB (“The Company”). For purposes of this License Agreement (defined below), “you” and “your” mean the user of the computer on which the Game will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY INSTALLING OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE “SOFTWARE”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE REQUIRED TO STOP INSTALLING AND INFORM US IN WRITING THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND AS SUCH YOU WILL NOT COMPLETE INSTALLATION OF THE SOFTWARE.
BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
I. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, The Company hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials (“Documentation”); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by The Company. The Software and the Game are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by The Company, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game.
II. REQUIREMENTS
In installing and using the Software and playing the Game, you acknowledge that you have read, understand and agree with the terms of this License Agreement. You must also: (i) read, understand and agree to (the “Terms of Use”), incorporated herein by reference; (ii) register for an account in the Game (an “Account”); and (iii) meet the hardware and connection requirements published on Steam. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights The Company holds in and to the Software and the Game. You agree that you will not, under any circumstances:
A. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;
B. Copy, photocopy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except that you are authorized to (i) make one (1) copy of the Software and the Documentation for personal archival purposes only; and (ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to the Terms of Use and any applicable The Company policies pertaining to audio or video creation;
C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorized by The Company;
D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to (i) participating in the Game in exchange for payment (e.g. “leveling” services); or (ii) selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorized by The Company and conducted via services provided by The Company; or
E. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and The Company, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
IV. OWNERSHIP
All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Silver Coins, audio-visual works, character likenesses, and methods of operation) are owned by The Company or its licensors. The Software and the Game and all content therein are protected by Swedish and other international intellectual property laws. The Company and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by The Company. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of The Company. Please see the Terms of Use for a complete espousal of all of The Company ownership rights.
V. CODE OF CONDUCT
While using the Software and playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and The Company reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of The Company, or communicating in any way that makes it appear that the communication originates from The Company;
B. Posting identifying information about yourself, or any other user, in the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of The Company contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of The Company, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of The Company, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of The Company, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
K. Logging out, disconnecting or exiting the Game during live game-play. The Company tracks this data and may issue temporary bans to users who frequently leave during live game-play. Or
L. Selecting a User name that is falsely indicative of an association with The Company, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on User name choices. The Company may modify any name which, in the sole and exclusive judgment of The Company, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.
VI. CONSENT TO MONITORING
When you are using the Software, the Software may monitor your computer's random access memory (RAM) for unauthorized third party programs prohibited by Section III.E that interact with the Software and/or the Game. In the event that the Software detects such an unauthorized third party program, information may be communicated back to The Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to The Company with the Software. If the Software detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
VII. UPDATES AND MODIFICATIONS
A. The Software and the Game. The Company may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you hereby give your consent to The Company to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
B. License Agreement. The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Game, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance with Section IX and must immediately stop playing the Game and uninstall the Software. Your continued use of the Game following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
VIII. TERMINATION OF AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying The Company of your intention to terminate. The Company may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or The Company, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
IX. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of The Company. You acknowledge and agree that The Company, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that The Company may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
X. EXPORT CONTROLS
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Swedish or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, downloaded or otherwise exported to, or downloaded or installed by a national or resident of, any country to which Sweden has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
XI. WARRANTY DISCLAIMER
THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE. THE COMPANY DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. The Company reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Company in asserting any available defenses.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE GAME, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SPELLS, ARMOR, SKINS, ETC.) OR VIRTUAL CURRENCY, SILVER COINS, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO THE COMPANY FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Company shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that The Company would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that The Company shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this License Agreement (“Claim”), you and The Company agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). The Company will send its notice to the address it has on file to the extent that you have provided additional contact information to The Company (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, The Company will send its notice to the email address associated with your Account. You will send your notice to Deadbreed AB, Söder Mälarstrand 21, 1st floor, 118 20, Stockholm, Sweden. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. Binding Arbitration. This Agreement shall be governed and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws. In the event a dispute arises in connection with the interpretation or implementation of this Agreement, the parties shall attempt in the first instance to resolve such dispute through friendly consultations. If the dispute is not resolved in this manner within 30 days after the delivery by any party of a notice confirming the existence of a dispute, then the parties shall submit the dispute to the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The arbitration award shall be final and binding on the parties and the parties agree to be bound thereby and to act accordingly.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND THE COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
C. Arbitration Fees. The costs of arbitration shall be borne by the losing party, unless otherwise determined by the arbitration authority.
D. Location. The place of arbitration including the making of the award shall be Stockholm, Sweden. The arbitration shall be conducted in English.
E. Limitations. You and The Company agree that any arbitration shall be limited to the Claim between The Company and you individually. YOU AND THE COMPANY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
F. Exceptions to Negotiations and Arbitration. You and The Company agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or The Company’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
G. Governing Law. . This Agreement shall be governed and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
H. Severability. You and The Company agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor The Company will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction in Stockholm, Sweden and you and The Company agree to submit to the personal jurisdiction of that court.
XVI. MISCELLANEOUS
This License Agreement represents the complete agreement between you and The Company with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and The Company; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or The Privacy Policy. The Game is operated by The Company in Sweden. Those who choose to access the Game from locations outside Sweden do so on their own initiative and are responsible for compliance with applicable local laws. The Company’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by The Company of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections IV, and X through XVI shall survive any termination of this License Agreement. If you have any questions concerning these terms and conditions, or if you would like to contact The Company for any other reason, please contact The Company support at info@deadbreed.com.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY DOWNLOADING AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
DEADBREED®
Updated: July 1st, 2014
Deadbreed® (the “Game”) is a session-based, multiplayer online battle-arena computer game developed and operated by Deadbreed AB (“The Company”). For purposes of this License Agreement (defined below), “you” and “your” mean the user of the computer on which the Game will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY INSTALLING OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE (THE “SOFTWARE”), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE REQUIRED TO STOP INSTALLING AND INFORM US IN WRITING THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND AS SUCH YOU WILL NOT COMPLETE INSTALLATION OF THE SOFTWARE.
BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
I. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, The Company hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials (“Documentation”); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by The Company. The Software and the Game are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by The Company, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game.
II. REQUIREMENTS
In installing and using the Software and playing the Game, you acknowledge that you have read, understand and agree with the terms of this License Agreement. You must also: (i) read, understand and agree to (the “Terms of Use”), incorporated herein by reference; (ii) register for an account in the Game (an “Account”); and (iii) meet the hardware and connection requirements published on Steam. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights The Company holds in and to the Software and the Game. You agree that you will not, under any circumstances:
A. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;
B. Copy, photocopy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except that you are authorized to (i) make one (1) copy of the Software and the Documentation for personal archival purposes only; and (ii) use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to the Terms of Use and any applicable The Company policies pertaining to audio or video creation;
C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorized by The Company;
D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to (i) participating in the Game in exchange for payment (e.g. “leveling” services); or (ii) selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorized by The Company and conducted via services provided by The Company; or
E. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and The Company, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
IV. OWNERSHIP
All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Silver Coins, audio-visual works, character likenesses, and methods of operation) are owned by The Company or its licensors. The Software and the Game and all content therein are protected by Swedish and other international intellectual property laws. The Company and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by The Company. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of The Company. Please see the Terms of Use for a complete espousal of all of The Company ownership rights.
V. CODE OF CONDUCT
While using the Software and playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and The Company reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of The Company, or communicating in any way that makes it appear that the communication originates from The Company;
B. Posting identifying information about yourself, or any other user, in the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of The Company contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of The Company, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of The Company, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of The Company, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
K. Logging out, disconnecting or exiting the Game during live game-play. The Company tracks this data and may issue temporary bans to users who frequently leave during live game-play. Or
L. Selecting a User name that is falsely indicative of an association with The Company, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on User name choices. The Company may modify any name which, in the sole and exclusive judgment of The Company, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.
VI. CONSENT TO MONITORING
When you are using the Software, the Software may monitor your computer's random access memory (RAM) for unauthorized third party programs prohibited by Section III.E that interact with the Software and/or the Game. In the event that the Software detects such an unauthorized third party program, information may be communicated back to The Company, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to The Company with the Software. If the Software detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
VII. UPDATES AND MODIFICATIONS
A. The Software and the Game. The Company may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you hereby give your consent to The Company to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
B. License Agreement. The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Game, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance with Section IX and must immediately stop playing the Game and uninstall the Software. Your continued use of the Game following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
VIII. TERMINATION OF AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying The Company of your intention to terminate. The Company may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or The Company, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
IX. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of The Company. You acknowledge and agree that The Company, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that The Company may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
X. EXPORT CONTROLS
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any Swedish or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, downloaded or otherwise exported to, or downloaded or installed by a national or resident of, any country to which Sweden has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
XI. WARRANTY DISCLAIMER
THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE GAME OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE GAME AND/OR THE SOFTWARE. THE COMPANY DOES NOT WARRANT THAT THE GAME AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. The Company reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Company in asserting any available defenses.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE GAME, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SPELLS, ARMOR, SKINS, ETC.) OR VIRTUAL CURRENCY, SILVER COINS, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO THE COMPANY FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Company shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that The Company would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that The Company shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this License Agreement (“Claim”), you and The Company agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). The Company will send its notice to the address it has on file to the extent that you have provided additional contact information to The Company (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, The Company will send its notice to the email address associated with your Account. You will send your notice to Deadbreed AB, Söder Mälarstrand 21, 1st floor, 118 20, Stockholm, Sweden. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. Binding Arbitration. This Agreement shall be governed and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws. In the event a dispute arises in connection with the interpretation or implementation of this Agreement, the parties shall attempt in the first instance to resolve such dispute through friendly consultations. If the dispute is not resolved in this manner within 30 days after the delivery by any party of a notice confirming the existence of a dispute, then the parties shall submit the dispute to the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The arbitration award shall be final and binding on the parties and the parties agree to be bound thereby and to act accordingly.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND THE COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
C. Arbitration Fees. The costs of arbitration shall be borne by the losing party, unless otherwise determined by the arbitration authority.
D. Location. The place of arbitration including the making of the award shall be Stockholm, Sweden. The arbitration shall be conducted in English.
E. Limitations. You and The Company agree that any arbitration shall be limited to the Claim between The Company and you individually. YOU AND THE COMPANY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
F. Exceptions to Negotiations and Arbitration. You and The Company agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or The Company’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
G. Governing Law. . This Agreement shall be governed and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
H. Severability. You and The Company agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor The Company will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction in Stockholm, Sweden and you and The Company agree to submit to the personal jurisdiction of that court.
XVI. MISCELLANEOUS
This License Agreement represents the complete agreement between you and The Company with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and The Company; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or The Privacy Policy. The Game is operated by The Company in Sweden. Those who choose to access the Game from locations outside Sweden do so on their own initiative and are responsible for compliance with applicable local laws. The Company’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by The Company of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of Sections IV, and X through XVI shall survive any termination of this License Agreement. If you have any questions concerning these terms and conditions, or if you would like to contact The Company for any other reason, please contact The Company support at info@deadbreed.com.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY DOWNLOADING AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.