EULA
End User License Agreement


Last updated June 27, 2015

IMPORTANT! PLEASE READ CAREFULLY! BY INSTALLING, COPYING, OR OTHERWISE USING OUR GAME(S) OR SERVICE(S) IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND PRIVACY POLICY.

IF YOU DO NOT AGREE WITH OUR END USER LICENSE AGREEMENT, PLEASE DO NOT PROCEED WITH THE REGISTRATION PROCESS AND LEAVE OUR SITES IMMEDIATELY AND DO NOT ACCESS OR USE OUR WEBSITE(S), GAME(S), OR SERVICE(S).

This software program, and any files that are delivered to you by MK game production via on-line transmission or otherwise to “patch”, update, or otherwise modify the software program, as well as any printed materials and any online or electronic documentation, and any and all copies and derivative works of such software program and Manual (collectively, with the “Game Client” defined below, the “Game”) is the copyrighted work of MK game production or its licensors. Any and all uses of the Game are governed by the terms of this End User License Agreement (the “License Agreement”, “Agreement”). The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.

1. Grant of a Limited Use License

If you agree to this License Agreement, you may install the Game onto your computer for purposes of playing the Game. MK game production hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game on one or more computers owned by you or under your legitimate control, and (b) play the Game for your non-commercial entertainment purposes only. All use of the Game is subject to this License, which you must accept before you can play the Game.

2. Additional License Limitations

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Game in violation of the License Limitations will be regarded as an infringement of MK game production’s copyrights in and to the Game. You agree that you will not, under any circumstances:

A. In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game for archival purposes only;

B. Modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by MK game production;

C. Sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.

3. Proprietary Rights; Copyrights and Trademarks

A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by MK game production. The Game is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions, and other laws. All rights are asserted and reserved. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.

B. MK game production corporate logo are trademarks or registered trademarks of MK game production in the United Kingdom and other countries, and all rights, title and interests in and to any and all such marks are hereby expressly reserved by MK game production. All other trademarks, service marks, trade names and logos that appear within MK game production games or are displayed on the Website are the property of their respective owners. The Game and all materials, information and data contained or displayed within the games, and/or otherwise appearing within the Website, including documents, Services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of MK game production and are © 2014-2014 MK game production. All rights that have not been expressly granted to you pursuant to these terms are hereby expressly reserved by MK game production. Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of the games, the Website and/or any of the materials (or any portion or derivative of any such items), directly or indirectly, is strictly prohibited unless the written consent of the applicable copyright owner or relevant sublicensor (if any) is first obtained.

4. Termination

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game from your hard drive. WN may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game from your hard drive.

5. Disclaimer of Warranties

Your use of the Game is and will be entirely at your own risk and expense. Please be advised that neither the materials nor the third-party content have been verified or authenticated in whole or in part by or for MK game production, and, accordingly, the audiovisual content and related information and data may include inaccuracies or typographical or other errors. MK game production does not make any representations or grant any warranties regarding the Game, materials, any third-party content, and/or any other subject matters of this Agreement, including, without limitation, any representation or warranty regarding the accuracy or timeliness of the materials or the third-party content contained within or otherwise displayed as part of the Website. MK game production shall have no obligations or liability for any errors or omissions of or concerning the Game, the materials and/or any third-party content, whether provided by MK game production or our licensors or any third-party contributors or other sources of any such items.

NEITHER MK game production, MK game production’S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WN PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.

6. Limitation of Liability

1. NEITHER MK game production NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA. IN NO EVENT WILL MK game production BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

2. NEITHER MK game production NOR ENDORSES IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES OF THE WEBSITE, BY ANYONE OTHER THAN AUTHORIZED MK game production EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL MK game production, ANY MK game production THIRD PARTY PROVIDER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL MK game production COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

7. Equitable Remedies

You hereby agree that MK game production would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that MK game production shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as MK game production may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

8. Amendments


MK game production reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when MK game production upgrades the Game, effective upon prior notice as follows: MK game production will post the revised version of this License Agreement on the Industry Transporters website, and may provide such other notice as MK game production may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 6 herein. Your installation and use of any of MK game production’s updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. MK game production may change, modify, suspend, or discontinue any aspect of the Game at any time. MK game production may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.

9. Dispute Resolution and Governing Law

A. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and MK game production agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. WN will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to MK game production, 1, Erich-Ziegel-Ring,22309 Hamburg, Germany and e-mail a copy to markus.chrtek@web.de

B. Binding Arbitration
If you and MK game production are unable to resolve a Dispute through informal negotiations, either you or MK game production may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the jurisdiction of UK courts. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and MK game production may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions
You and MK game production agree that any arbitration shall be limited to the Dispute between MK game production and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration
You and MK game production agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MK game production intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

10. Miscellaneous

This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter here of and supersedes any prior oral or written agreements, provided. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking “Accept” or installing the Game I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.