The game provided under these General Terms and Conditions (the "Game") is provided by feneq GmbH (hereinafter "feneq"). Access to the Game and the services related to the Game are provided exclusively on the basis of these General Terms and Conditions ("GTC").

1. SCOPE OF APPLICATION AND CONCLUSION OF AGREEMENT
(1) An effective game licence agreement with feneq is required for participation in the Game. If the Game must be purchased, use of the Game is only available to those users who have purchased the Game and concluded a Game Licence Agreement as described in paragraph 2.
(2) In the process of installing the game software, express consent to a Game Licence Agreement is requested. With the user's consent, the Game Licence Agreement comes into effect, which entitles the user to use the Game in accordance with the provisions of these GTC.
(3) feneq provides the game exclusively to consumers within the meaning of section 13 German Civil Code (BGB). Using the game for profit or other commercial purposes is prohibited. Participation in the Game is for entertainment purposes only.
(4) feneq offers participation in the Game to all persons who have completed the age of 18 at the time of purchase. Minors who have not yet completed the age of 18 are only entitled to play if they have the consent of their legal representative.
(5) The validity of any terms and conditions of the users of the Game (hereinafter "User(s)") is hereby expressly rejected. Any terms and conditions of Users shall only apply if feneq has expressly agreed to these in writing.

2. RIGHT OF USE
(1) On the basis of and in accordance with these GTC, feneq grants the Users a simple, territorially, temporally and content-wise limited, revocable, non-exclusive, non-sublicensable and non-transferable right of use to the Game in its respective current version for the duration of the existence of the Game Licence Agreement. The right of use applies exclusively to private, i.e. neither commercial nor industrial use. The right described grants Users, in particular, to install the Game on their private computer, to access it.
Users may, subject to the provisions of these GTC, create so-called "Let's Play Videos" containing images and sounds of the Game, which will be made publicly available via social media such as Twitch.tv and Youtube.com.

3. DUTIES OF THE USER
(1) Only the unmodified client software originating from feneq in its respective current version may be used to use the Game. Use of the Game by means of modified client software originating from third parties is expressly prohibited.
(2) The User undertakes to comply with the laws and regulations applicable to it when using all websites and games operated by feneq.

4. CONDITION AND AVAILABILITY OF THE GAME
(1) feneq makes the use of the Game and the website of the Game available to the User in its respective latest version. The Users are entitled to the statutory warranty rights for digital products pursuant to section 327i German Civil Code (BGB). Use of this Game may require downloading and using a third party platform under applicable terms and conditions (such as STEAM or similar).
(2) The User is encouraged to document in a meaningful manner any errors and bugs that may occur and, in particular, to report them to feneq in writing by logging any error messages displayed. This may be the only way for feneq to learn about the respective error or bug, and only then can it check whether and how an error correction is possible.
(3) feneq does not assume any guarantees in the legal sense unless expressly agreed otherwise in writing.

5. LIABILITY OF FENEQ
(1) Feneq shall be liable without restriction in the event of intent and gross negligence. In the event of a breach of essential contractual obligations, feneq shall also be liable for slight negligence, but in each case limited to the foreseeable damage. Essential contractual obligations, also known as "cardinal obligations", are those obligations which make the proper execution of the Agreement possible in the first place, whose violation endangers the achievement of the purpose of the Agreement and on whose fulfilment the User may rely. Apart from that, liability is excluded subject to paragraph 2 of this clause.
(2) The above limitations and exclusions of liability shall not apply in the event of fraudulent concealment of a defect, in the event of injury to life, body or health or in the event of feneq assuming a guarantee. The liability of feneq under the Product Liability Act shall remain unaffected.
(3) In the event of a loss of data, feneq shall be liable, except in the case of wilful or grossly negligent destruction of data, up to a maximum of the costs which are or would be incurred to restore the data from a backup of the user.
(4) The above exclusions or limitations of liability also apply with regard to the liability of the legal representatives, vicarious agents and assistants of feneq.
(5) The above provisions are not related to any change of the burden of proof to the disadvantage of the User.

6. FINAL PROVISIONS
(1) Any agreements concluded on the basis of these GTC and related claims shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the User has concluded the agreement as a consumer, the mandatory consumer protection provisions applicable in the state in which the User has its usual place of residence shall also apply, provided that these provisions grant the User more extensive protection.
(2) The User may only offset claims of feneq against counterclaims that have arisen through the assertion of the statutory right of cancellation with undisputed or legally established counterclaims. The User can only exercise a right of retention if its counterclaim is based on the same contractual relationship. The assignment of claims of the User against feneq to third parties is excluded.
(3) Should individual provisions of these General Terms and Conditions be void, this shall not affect the validity of the remaining provisions.
(4) The European Commission offers a platform for online dispute resolution available under http://ec.europa.eu/consumers/odr/. We are neither prepared nor obligated to participate in dispute resolution procedures (including before a consumer dispute resolution authority, online dispute resolution and alternative dispute resolution). Should you have a complaint, please contact us directly at the e-mail address info@roguecommand.net

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feneq GmbH, Kellergasse 1, 61200 Wölfersheim, Deutschland
info@roguecommand.net