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Please read the following end user license agreement (“Agreement”) before installing the Software Product. By installing, copying, and/or otherwise using the game software, you agree to be bound by the terms of this Agreement. YOU THEREFORE ACCEPT AND AGREE TO THE CONTENTS OF THIS LICENSE IN ITS ENTIRETY.
This Agreement constitutes a legal agreement between you and Kube Games and governs your use of the game, your accounts and its game service.
By clicking "I agree," you:
(i) acknowledge that you have read this Agreement
(ii) agree to be bound by its terms and conditions
(iii) are authorized and able to accept this Agreement.
Your use of the game is also subject to the terms and conditions set forth in the STEAM™ Subscriber Agreement and/or any other terms set forth by Valve Corporation or Kube Games in relation to the game service.
If you do not agree to the terms set forth in this agreement, select “I do not accept” and Kube Games shall not grant to you the license (defined below) to the game software. If you do not agree to the terms of this Agreement, you should not install, copy, download or use the Software Product.
1. OWNERSHIP
1.1. All title, ownership rights and intellectual property rights in and to the Software Product, its service and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, 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 by Kube Games. The Software Product is protected by the copyright laws of all countries, international copyright treaties and conventions, and other laws. All rights are asserted and reserved.
1.2. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product. All rights are reserved. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software Product. Kube Games may update or otherwise enhance the Software Product at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement.
2. SOFTWARE PRODUCT
2.1. The Software Product, as used in this Agreement, means, collectively and/or as applicable:
(i) The Software Product package;
(ii) Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via disk or a Website;
(iii) Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
(iv) Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
(v) Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Kube Games under this Agreement.
The terms of this Agreement will govern any Upgrades provided by Kube Games that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. GRANT OF LICENSE
3.1. Kube Games grants to you, and you hereby accept, a limited, non-exclusive, non-transferable End User license to:
(i) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and
(ii) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
3.2. Kube Games authorizes the End User to make one (1) copy of the Software Product as an archival backup copy, provided End-User’s backup copy is not installed or used on any Unit. Any other copies you make or authorize are in violation of this Agreement.
3.3. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this Agreement.
3.4. The Software Product is licensed, not sold, to you by Kube Games for use only under the terms and conditions of this Agreement. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of Kube Games. All rights, title, and interests belong solely to Kube Games and its licensors.
4. RESTRICTIONS
4.1. Any use, reproduction or redistribution of the Software Product, game related contents or services not expressly authorized by this Agreement is expressly prohibited and may result in severe civil and criminal penalties.
4.2. You agree to only use the Software Product, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(i) make any commercial use or exploitation of the Software Product in any manner whatsoever;
(ii) make copies of the Software Product or any part thereof, except that you may make one (1) copy of the Software Product for backup or archival purposes, or make copies of the materials accompanying the Software Product for non-commercial backup and reference only;
(iii) install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(iv) copy, distribute, transmit, display, perform, frame, link, host, cache, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from the Software Product
(v) modify, reverse engineer, disassemble or decompile the Software Product. Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Kube Games on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(vi) remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product;
(vii) use intellectual property contained in the Software Product to create derivatives or to provide any other means through which others may play the Software Product such as through server emulators
(viii) take actions that impose an unreasonable or disproportionately large load on online network infrastructure or that could damage, disable, overburden, or impair any services provided
(ix) interfere with any other party's use and enjoyment of the Software Product (including cheating)
(x) attempt to gain unauthorized access to third party Accounts or the Software Product via any means
(xi) violate Terms and Conditions set forth in the STEAM™ Subscriber Agreement and/or any other terms set forth by Valve Corporation and/or Kube Games in relation to Software Product.
4.3. In addition to any other rights and remedies available to Kube Games, if Kube Games believes you have, or will engage in any of the above conduct in this section, it may, in its sole discretion and without notice, terminate your access to the Software Product and suspend or deactivate your accounts with no liability to it relating thereto.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
5.1. From time to time, at Kube Games’ sole discretion, Kube Games may provide you with support services related to the Software Product (“Support Services”). Kube Games reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
5.2. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this Agreement.
5.3. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this Agreement, except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
5.4. Kube Games shall have the right, at any time, without notice to the End User to:
(i) unilaterally suspend or modify the Software Product process and its conditions;
(ii) modify or delete any information posted by End User on the Forum and chats relating to the Software Product, including statements and declarations; and
(iii) improve or modify the Software Product, or any of its part. As a consequence, End User can participate in the Software Product in its current version.
5.5. End User agrees to take appropriate measures to ensure the safety of its account in the Software Product and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform Kube Games and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Software Product is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
5.6. Kube Games shall have the right to collect anonymous, non-personally identifiable personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Kube Games may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
Where you use online features we may also collect, store, process, distribute and publicly display certain data concerning your gameplay. This data may include your user name, gamertag, scores, rankings, results, achievements and any other personal profile information which you may choose to make available for other players to see. Without prejudice to any consents which you may give us under any other agreement between you and us with respect to such data, any data which personally identifies you will be collected, stored, used, processed and distributed in accordance with Kube Games' Privacy Policy.
6. IN-GAME ADVERTISING
The Software Product may incorporate technology (which may be provided by SEL or third party service providers engaged by SEL (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain data and information may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only use the Software Product when you are not connected to the Internet. By using the Software Product when connected to the Internet you consent to our use of dynamic advertising as described in this Paragraph.
7. SOFTWARE PRODUCT UPDATES AND PATCHES
7.1. Kube Games may allow you to download software, updates or patches, or other utilities and tools onto your computer, entertainment system, or device. Your use of such downloads is subject to this Agreement. Such downloads may affect characters, gameplay, or other elements in the Software Product.
7.2. Kube Games may provide updates, patches and other modifications to the Software Product that must be installed for the user to continue to play the game properly or at all. Kube Games may update, patch or modify the Software Product remotely and access the Software Product residing on your machine for such purpose, and you hereby grant to Kube Games the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “ Software Product ” shall also include all such patches, updates and modifications.
8. TERMS AND TERMINATION
8.1. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Kube Games may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Software Product in your possession and control and remove the Software Product from your hard drive. The term of this Agreement runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this Agreement), the license is transferred with it.
8.2. Your rights under this Agreement will terminate automatically without notice from Kube Games if you fail to comply with any term(s) or condition(s) of this Agreement. In such event, no notice shall be required by Kube Games to effect such termination.
8.3. Upon termination of this Agreement, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. WARRANTIES
You expressly acknowledge and agree that use of the Software Product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with you. To the maximum extent permitted by applicable law, the Software Product is provided “as is,” with all faults and without warranty of any kind, and Kube Games hereby disclaim all warranties and conditions with respect to the Software Product, 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. Kube Games does not warrant against interference with your enjoyment of the Software Product, that the functions contained in the Software Product will meet your requirements, that the operation of the Software Product or the additional services will be uninterrupted or error-free, or that defects in the Software Product will be corrected. No oral or written information or advice given by Kube Games or its representative shall create a warranty. Should the Software Product prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10. LIMITATION OF LIABILITY
10.1. To the maximum extent permitted by applicable law, in no event shall Kube Games, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information) arising out of the use of or inability to use the Software Product or defect in or caused by the Software Product, including but not limited to compromising the security of your Unit, operating system or files, or the provision of or failure to provide support services, even if Kube Games has been advised of the possibility of such damages.
10.2. Kube Games does not accept liability for:
(i) any possible criminal actions committed by end user;
(ii) statements of the end user, made or published on the forums and chats relating to the game, or end user’s behavior in the game, including the conduct, manner and ideology of the in-game characters, managed by the end user, actions of in-game characters in the game, disrespect for other end users and their in-game characters;
(iii) the loss of access means by the end users to their in-game accounts (loss of login, password and other information required for participation to the game); and
(iv) the loss of the end user’s in-game currency and values provided by the game or purchased by end user.
10.3. In any case, Kube Games’ entire liability under any provision of this Agreement shall be solely limited to the amount actually paid by you for the Software Product or replacement of the Software Product with product of comparable retail value, as Kube Games may elect in its sole discretion; provided however, if you have entered into a support services agreement, Kube Games’ entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you in part or whole.
11. DEFECTS AND SECURITY WARNING
11.1. Without limiting the foregoing, Kube Games does not ensure continuous, error-free, secure or virus-free operation of the Software Product.
11.2. Warning: by installation and/or use of the Software Product, you may be installing into your unit software that is alleged or may be alleged to compromise the security of your unit, its operating system and files. If at any time you wish to de-install the software product because you believe the security of your unit, operating system or files may be or has been compromised, you may need to execute a separate routine to de-install the feature that may be compromising your security. Damages you may recover for any such alleged security breaches are subject to the limitation of liability as set forth herein.
12. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Kube Games and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from:
(i) your breach of any term of this Agreement;
(ii) your violation of any rights of any third party; or
(iii) your use or misuse of the Software Product.
Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this Agreement.
13. WAIVER
A failure on the part of Kube Games to act with respect to a breach by you or others of this Agreement does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
14. GOVERNING LAW
14.1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Kube Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Kube Games 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 Kube Games, Jaurisova 515/4, 16900 Prague, Czech Republic.
14.2. Notwithstanding the foregoing, you and Kube Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations:
(i) any Disputes concerning the validity of any of Kube Games’ intellectual property rights;
(ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
(iii) any claim for injunctive relief.
14.3. Governing Law and Dispute Resolution: This Agreement will be governed by and construed in accordance with the laws of the Czech Republic. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this Agreement you agree to the exclusive personal and subject matter jurisdiction of the courts located in Prague, Czech Republic for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. Kube Games reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
This Agreement constitutes a legal agreement between you and Kube Games and governs your use of the game, your accounts and its game service.
By clicking "I agree," you:
(i) acknowledge that you have read this Agreement
(ii) agree to be bound by its terms and conditions
(iii) are authorized and able to accept this Agreement.
Your use of the game is also subject to the terms and conditions set forth in the STEAM™ Subscriber Agreement and/or any other terms set forth by Valve Corporation or Kube Games in relation to the game service.
If you do not agree to the terms set forth in this agreement, select “I do not accept” and Kube Games shall not grant to you the license (defined below) to the game software. If you do not agree to the terms of this Agreement, you should not install, copy, download or use the Software Product.
1. OWNERSHIP
1.1. All title, ownership rights and intellectual property rights in and to the Software Product, its service and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, 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 by Kube Games. The Software Product is protected by the copyright laws of all countries, international copyright treaties and conventions, and other laws. All rights are asserted and reserved.
1.2. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product. All rights are reserved. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software Product. Kube Games may update or otherwise enhance the Software Product at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement.
2. SOFTWARE PRODUCT
2.1. The Software Product, as used in this Agreement, means, collectively and/or as applicable:
(i) The Software Product package;
(ii) Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via disk or a Website;
(iii) Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
(iv) Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
(v) Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Kube Games under this Agreement.
The terms of this Agreement will govern any Upgrades provided by Kube Games that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. GRANT OF LICENSE
3.1. Kube Games grants to you, and you hereby accept, a limited, non-exclusive, non-transferable End User license to:
(i) install the Software Product on the local hard disk(s) or other permanent storage media of one computer, or, on one other game play device owned by you or under your legitimate control (each a “Unit”); and
(ii) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
3.2. Kube Games authorizes the End User to make one (1) copy of the Software Product as an archival backup copy, provided End-User’s backup copy is not installed or used on any Unit. Any other copies you make or authorize are in violation of this Agreement.
3.3. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this Agreement.
3.4. The Software Product is licensed, not sold, to you by Kube Games for use only under the terms and conditions of this Agreement. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of Kube Games. All rights, title, and interests belong solely to Kube Games and its licensors.
4. RESTRICTIONS
4.1. Any use, reproduction or redistribution of the Software Product, game related contents or services not expressly authorized by this Agreement is expressly prohibited and may result in severe civil and criminal penalties.
4.2. You agree to only use the Software Product, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(i) make any commercial use or exploitation of the Software Product in any manner whatsoever;
(ii) make copies of the Software Product or any part thereof, except that you may make one (1) copy of the Software Product for backup or archival purposes, or make copies of the materials accompanying the Software Product for non-commercial backup and reference only;
(iii) install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(iv) copy, distribute, transmit, display, perform, frame, link, host, cache, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from the Software Product
(v) modify, reverse engineer, disassemble or decompile the Software Product. Where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Kube Games on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(vi) remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product;
(vii) use intellectual property contained in the Software Product to create derivatives or to provide any other means through which others may play the Software Product such as through server emulators
(viii) take actions that impose an unreasonable or disproportionately large load on online network infrastructure or that could damage, disable, overburden, or impair any services provided
(ix) interfere with any other party's use and enjoyment of the Software Product (including cheating)
(x) attempt to gain unauthorized access to third party Accounts or the Software Product via any means
(xi) violate Terms and Conditions set forth in the STEAM™ Subscriber Agreement and/or any other terms set forth by Valve Corporation and/or Kube Games in relation to Software Product.
4.3. In addition to any other rights and remedies available to Kube Games, if Kube Games believes you have, or will engage in any of the above conduct in this section, it may, in its sole discretion and without notice, terminate your access to the Software Product and suspend or deactivate your accounts with no liability to it relating thereto.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
5.1. From time to time, at Kube Games’ sole discretion, Kube Games may provide you with support services related to the Software Product (“Support Services”). Kube Games reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
5.2. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this Agreement.
5.3. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this Agreement, except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
5.4. Kube Games shall have the right, at any time, without notice to the End User to:
(i) unilaterally suspend or modify the Software Product process and its conditions;
(ii) modify or delete any information posted by End User on the Forum and chats relating to the Software Product, including statements and declarations; and
(iii) improve or modify the Software Product, or any of its part. As a consequence, End User can participate in the Software Product in its current version.
5.5. End User agrees to take appropriate measures to ensure the safety of its account in the Software Product and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform Kube Games and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Software Product is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
5.6. Kube Games shall have the right to collect anonymous, non-personally identifiable personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Kube Games may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
Where you use online features we may also collect, store, process, distribute and publicly display certain data concerning your gameplay. This data may include your user name, gamertag, scores, rankings, results, achievements and any other personal profile information which you may choose to make available for other players to see. Without prejudice to any consents which you may give us under any other agreement between you and us with respect to such data, any data which personally identifies you will be collected, stored, used, processed and distributed in accordance with Kube Games' Privacy Policy.
6. IN-GAME ADVERTISING
The Software Product may incorporate technology (which may be provided by SEL or third party service providers engaged by SEL (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain data and information may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only use the Software Product when you are not connected to the Internet. By using the Software Product when connected to the Internet you consent to our use of dynamic advertising as described in this Paragraph.
7. SOFTWARE PRODUCT UPDATES AND PATCHES
7.1. Kube Games may allow you to download software, updates or patches, or other utilities and tools onto your computer, entertainment system, or device. Your use of such downloads is subject to this Agreement. Such downloads may affect characters, gameplay, or other elements in the Software Product.
7.2. Kube Games may provide updates, patches and other modifications to the Software Product that must be installed for the user to continue to play the game properly or at all. Kube Games may update, patch or modify the Software Product remotely and access the Software Product residing on your machine for such purpose, and you hereby grant to Kube Games the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “ Software Product ” shall also include all such patches, updates and modifications.
8. TERMS AND TERMINATION
8.1. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Kube Games may terminate this Agreement at any time for any reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Software Product in your possession and control and remove the Software Product from your hard drive. The term of this Agreement runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this Agreement), the license is transferred with it.
8.2. Your rights under this Agreement will terminate automatically without notice from Kube Games if you fail to comply with any term(s) or condition(s) of this Agreement. In such event, no notice shall be required by Kube Games to effect such termination.
8.3. Upon termination of this Agreement, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
9. WARRANTIES
You expressly acknowledge and agree that use of the Software Product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with you. To the maximum extent permitted by applicable law, the Software Product is provided “as is,” with all faults and without warranty of any kind, and Kube Games hereby disclaim all warranties and conditions with respect to the Software Product, 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. Kube Games does not warrant against interference with your enjoyment of the Software Product, that the functions contained in the Software Product will meet your requirements, that the operation of the Software Product or the additional services will be uninterrupted or error-free, or that defects in the Software Product will be corrected. No oral or written information or advice given by Kube Games or its representative shall create a warranty. Should the Software Product prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10. LIMITATION OF LIABILITY
10.1. To the maximum extent permitted by applicable law, in no event shall Kube Games, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information) arising out of the use of or inability to use the Software Product or defect in or caused by the Software Product, including but not limited to compromising the security of your Unit, operating system or files, or the provision of or failure to provide support services, even if Kube Games has been advised of the possibility of such damages.
10.2. Kube Games does not accept liability for:
(i) any possible criminal actions committed by end user;
(ii) statements of the end user, made or published on the forums and chats relating to the game, or end user’s behavior in the game, including the conduct, manner and ideology of the in-game characters, managed by the end user, actions of in-game characters in the game, disrespect for other end users and their in-game characters;
(iii) the loss of access means by the end users to their in-game accounts (loss of login, password and other information required for participation to the game); and
(iv) the loss of the end user’s in-game currency and values provided by the game or purchased by end user.
10.3. In any case, Kube Games’ entire liability under any provision of this Agreement shall be solely limited to the amount actually paid by you for the Software Product or replacement of the Software Product with product of comparable retail value, as Kube Games may elect in its sole discretion; provided however, if you have entered into a support services agreement, Kube Games’ entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you in part or whole.
11. DEFECTS AND SECURITY WARNING
11.1. Without limiting the foregoing, Kube Games does not ensure continuous, error-free, secure or virus-free operation of the Software Product.
11.2. Warning: by installation and/or use of the Software Product, you may be installing into your unit software that is alleged or may be alleged to compromise the security of your unit, its operating system and files. If at any time you wish to de-install the software product because you believe the security of your unit, operating system or files may be or has been compromised, you may need to execute a separate routine to de-install the feature that may be compromising your security. Damages you may recover for any such alleged security breaches are subject to the limitation of liability as set forth herein.
12. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Kube Games and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from:
(i) your breach of any term of this Agreement;
(ii) your violation of any rights of any third party; or
(iii) your use or misuse of the Software Product.
Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this Agreement.
13. WAIVER
A failure on the part of Kube Games to act with respect to a breach by you or others of this Agreement does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
14. GOVERNING LAW
14.1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Kube Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Kube Games 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 Kube Games, Jaurisova 515/4, 16900 Prague, Czech Republic.
14.2. Notwithstanding the foregoing, you and Kube Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations:
(i) any Disputes concerning the validity of any of Kube Games’ intellectual property rights;
(ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
(iii) any claim for injunctive relief.
14.3. Governing Law and Dispute Resolution: This Agreement will be governed by and construed in accordance with the laws of the Czech Republic. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software Product or this Agreement you agree to the exclusive personal and subject matter jurisdiction of the courts located in Prague, Czech Republic for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. Kube Games reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.