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PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT”) CAREFULLY. BY CLICKING THE “ACCEPT" BUTTON BELOW, 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, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
1. INTELLECTUAL PROPERTY RIGHTS
The "Software" includes all software included with this agreement (including related services), the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
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, audio-visual works, character likenesses, and methods of operation) are owned by UNITED GAMERS or its licensors. The Software and the Game and all content therein are protected by international intellectual property treaties.
UNITED GAMERS 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 UNITED GAMERS.
2. LIMITED USE LICENSE
Notwithstanding the foregoing, subject to the terms and conditions of this License Agreement, UNITED GAMERS hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, to internally install and execute solely one copy as a component of the Game the Software licensed to you by UNITED GAMERS. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement.
You hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software.
3. LICENSE CONDITIONS
The Software and the Game are provided for your individual, non-commercial, entertainment or professional purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by UNITED GAMERS, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute or communicate anything you copy or derive from the Software or the Game.
You agree not to, and not to provide guidance or instruction to any other individual or entity on how to: a) commercially exploit the Software; b) use the Software in connection with an agreement with other individuals to wager any money or other thing of value; c) distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Software, or any copies of the Software, including but not limited to Virtual Goods or Virtual Currency (defined below) without the express prior written consent of UNITED GAMERS or as expressly set forth in this Agreement; d) make a copy of the Software or any part thereof (other than as set forth herein); e) make a copy of the Software available on a network for use or download by multiple users; f) except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; g) copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently); h) use or copy the Software at a computer gaming center or any other location-based site; provided, that UNITED GAMERS may offer you a separate license agreement to make the Software available for commercial use; i) reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Software, in whole or in part; j) remove or modify any proprietary notices, marks, or labels contained on or within the Software; k) restrict or inhibit any other user from using and enjoying any online features of the Software; l) cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Software; m) violate any terms, policies, licenses, or code of conduct for any online features of the Software.
4. USER ACCOUNTS
In order to use the Software and the Game, or for certain features you may be required to have and maintain a valid and active user account with an online service. You are responsible for all use and the security of your User Account and any Third-Party Accounts that you use to access and use the Game.
5. WARRANTY DISCLAIMER
THE SOFTWARE AND THE GAME ARE 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, UNITED GAMERS 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. UNITED GAMERS 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.
6. UPGRADES
UNITED GAMERS may provide Updates to the Software that must be installed for you to continue to use the Software or to play the Game. By installing the Sotware, you hereby give your consent to UNITED GAMERS to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
7. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UNITED GAMERS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND 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.
UNITED GAMERS 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 UNITED GAMERS in asserting any available defenses.
8. LIMITATION OF LIABILITY
UNLESS OTHERWISE REQUIRED BY LAW, UNDER NO LEGAL REQUIREMENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL UNITED GAMERS 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 UNITED GAMERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, UNITED GAMERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SKINS, ETC.) OR VIRTUAL CURRENCY, ACCOUNTS, STATISTICS, OR PROFILE INFORMATION STORED BY THE GAME. UNITED GAMERS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL UNITED GAMERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UNITED GAMERS FOR GAME-RELATED TRANSACTIONS.
TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR'S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
9. TERMINATION
This Agreement is effective until terminated by you or by UNITED GAMERS. This Agreement automatically terminates when UNITED GAMERS ceases to operate the Software servers (for games exclusively operated online), if UNITED GAMERS determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above.
You may terminate this Agreement at any time by (i) requesting UNITED GAMERS to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control.
10. MISCELLANEOUS
This License Agreement represents the complete agreement between you and UNITED GAMERS with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and UNITED GAMERS; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy.
To the extent that the provisions of this License Agreement conflict with the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
UNITED GAMERS’ 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.
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.
UNITED GAMERS reserves the right, in its sole and absolute discretion by notice to you to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Software and the Game and the evolve (“Changes”); provided, however, that material changes to this License Agreement will not be applied retroactively. Such Changes will be effective upon your acceptance. You are deemed to have accepted the changes if you continue to use your Account and the Game after the Changes are made.
11. EQUITABLE REMEDIES
You hereby acknowledge and agree that UNITED GAMERS 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 UNITED GAMERS shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages (unless otherwise required in your jurisdiction), 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, 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.
12. LEGAL DISPUTES AND APPLICABLE LAW
This EULA shall be construed in accordance with the laws of Spain. In the event of a dispute arising under this agreement, the Parties agree to first attempt to resolve the matter through good faith negotiations. In absence of such amicable settlement within 3 months from the beginning of the negotiations, the Parties hereby expressly agree that the courts of law in the city of Barcelona (Spain) shall be the sole competent to decide any disputes arising hereunder.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
1. INTELLECTUAL PROPERTY RIGHTS
The "Software" includes all software included with this agreement (including related services), the accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
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, audio-visual works, character likenesses, and methods of operation) are owned by UNITED GAMERS or its licensors. The Software and the Game and all content therein are protected by international intellectual property treaties.
UNITED GAMERS 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 UNITED GAMERS.
2. LIMITED USE LICENSE
Notwithstanding the foregoing, subject to the terms and conditions of this License Agreement, UNITED GAMERS hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, to internally install and execute solely one copy as a component of the Game the Software licensed to you by UNITED GAMERS. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement.
You hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software.
3. LICENSE CONDITIONS
The Software and the Game are provided for your individual, non-commercial, entertainment or professional purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by UNITED GAMERS, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute or communicate anything you copy or derive from the Software or the Game.
You agree not to, and not to provide guidance or instruction to any other individual or entity on how to: a) commercially exploit the Software; b) use the Software in connection with an agreement with other individuals to wager any money or other thing of value; c) distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Software, or any copies of the Software, including but not limited to Virtual Goods or Virtual Currency (defined below) without the express prior written consent of UNITED GAMERS or as expressly set forth in this Agreement; d) make a copy of the Software or any part thereof (other than as set forth herein); e) make a copy of the Software available on a network for use or download by multiple users; f) except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; g) copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently); h) use or copy the Software at a computer gaming center or any other location-based site; provided, that UNITED GAMERS may offer you a separate license agreement to make the Software available for commercial use; i) reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Software, in whole or in part; j) remove or modify any proprietary notices, marks, or labels contained on or within the Software; k) restrict or inhibit any other user from using and enjoying any online features of the Software; l) cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Software; m) violate any terms, policies, licenses, or code of conduct for any online features of the Software.
4. USER ACCOUNTS
In order to use the Software and the Game, or for certain features you may be required to have and maintain a valid and active user account with an online service. You are responsible for all use and the security of your User Account and any Third-Party Accounts that you use to access and use the Game.
5. WARRANTY DISCLAIMER
THE SOFTWARE AND THE GAME ARE 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, UNITED GAMERS 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. UNITED GAMERS 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.
6. UPGRADES
UNITED GAMERS may provide Updates to the Software that must be installed for you to continue to use the Software or to play the Game. By installing the Sotware, you hereby give your consent to UNITED GAMERS to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
7. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UNITED GAMERS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND 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.
UNITED GAMERS 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 UNITED GAMERS in asserting any available defenses.
8. LIMITATION OF LIABILITY
UNLESS OTHERWISE REQUIRED BY LAW, UNDER NO LEGAL REQUIREMENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL UNITED GAMERS 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 UNITED GAMERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, UNITED GAMERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., WEAPONS, SKINS, ETC.) OR VIRTUAL CURRENCY, ACCOUNTS, STATISTICS, OR PROFILE INFORMATION STORED BY THE GAME. UNITED GAMERS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL UNITED GAMERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UNITED GAMERS FOR GAME-RELATED TRANSACTIONS.
TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR'S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
9. TERMINATION
This Agreement is effective until terminated by you or by UNITED GAMERS. This Agreement automatically terminates when UNITED GAMERS ceases to operate the Software servers (for games exclusively operated online), if UNITED GAMERS determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the License Conditions above.
You may terminate this Agreement at any time by (i) requesting UNITED GAMERS to terminate and delete your User Account that is used to access or use the Software using the method set forth in the Terms of Service or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control.
10. MISCELLANEOUS
This License Agreement represents the complete agreement between you and UNITED GAMERS with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and UNITED GAMERS; provided however that this License Agreement shall coexist with, and shall not supersede, the Terms of Use or the Privacy Policy.
To the extent that the provisions of this License Agreement conflict with the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
UNITED GAMERS’ 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.
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.
UNITED GAMERS reserves the right, in its sole and absolute discretion by notice to you to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Software and the Game and the evolve (“Changes”); provided, however, that material changes to this License Agreement will not be applied retroactively. Such Changes will be effective upon your acceptance. You are deemed to have accepted the changes if you continue to use your Account and the Game after the Changes are made.
11. EQUITABLE REMEDIES
You hereby acknowledge and agree that UNITED GAMERS 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 UNITED GAMERS shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages (unless otherwise required in your jurisdiction), 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, 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.
12. LEGAL DISPUTES AND APPLICABLE LAW
This EULA shall be construed in accordance with the laws of Spain. In the event of a dispute arising under this agreement, the Parties agree to first attempt to resolve the matter through good faith negotiations. In absence of such amicable settlement within 3 months from the beginning of the negotiations, the Parties hereby expressly agree that the courts of law in the city of Barcelona (Spain) shall be the sole competent to decide any disputes arising hereunder.