END USER LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE GAME. USING THE RELATED SERVICES OR ON THE GAME RELATED WEBSITE ETC. ACCESSING (THE GAME, RELATED SERVICES AND WEBSITE ARE HEREAFTER REFERRED TO AS "THE GAME"). PLEASE NOTE THAT BY ACCESSING AND USING THE GAME, YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT AND A LEGALLY BINDING AGREEMENT BETWEEN MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) ("MS GAMES AND SOFTWARE UG (LIMITED LIABILITY)" ) AND WILL BE RECEIVED FROM YOU. REGARDLESS OF WHETHER YOU ARE A REGISTERED USER ("ONE USER") OF THE GAME. AS AN END USER RESIDENTS, SOME PROVISIONS APPLY. INCLUDING, FOR EXAMPLE, SECTIONS 23 AND 24. SPECIFIC TO YOU. IN THESE YOU AGREE. ARBITRATE CERTAIN CLAIMS RATHER THAN GOING TO COURT AND NOT PURSUING CLASS ACTION ACTION. PLEASE DO NOT ACCESS OR USE THE GAME. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR PERSONS WHO VIOLATE THIS AGREEMENT. MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) MAY TERMINATE ACCESS TO THE GAME AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE. ALL CONTENT IS OPERATED BY MS GAMES AND SOFTWARE (LIMITED LIABILITY) COMPANY AND ITS AFFILIATES.


This document (“End User License Agreement”, “Agreement” “EULA”) constitutes a legal agreement between you (“you” or “the user”) and MS Games and Software UG (limited liability), commercial register number: Amtsgericht Duisburg; HRB 33922, a German company with registered office at Aldenrader Str. 40, DE-47169 Duisburg, Germany (“MS Games and Software UG (limited liability)”) and governs your use of the Game, whether or not you are a registered end user of the game are.

PLEASE NOTE THAT BY ACCESSING AND USING THE GAME, YOU AGREE TO BE BOUND BY THE AGREEMENT. MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) OWNS OR CONTROLS ALL INTELLECTUAL PROPERTY RIGHTS RELATED TO THE GAME AND PERMITS YOU TO USE THE GAME EXCLUSIVELY IN ACCORDANCE WITH THE TERMS. YOUR USE OF THE GAME CONSTITUTES YOUR AGREEMENT TO THIS AGREEMENT. PLEASE DO NOT ACCESS OR USE THE GAME IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.


In order to access and use the Game, you must create an account with a platform service provider, unless the Game is expressly offered in a form and manner that does not require an account (e.g. on arcade game consoles): es Under no circumstances may you intentionally, negligently or by inaction permit or enable others to access your account. MS Games and Software UG (limited liability) reserves the right; Disable or suspend accounts without prior notice. You are not permitted to transfer your account, game currencies, charateers, etc. to any other person or entity without the prior written consent of MS Games and Software UG (limited liability).


No third party accounts are required at this time.


MS Games and Software UG (limited liability) reserves the right to add, modify, delete or terminate the Game (including your access to the Game) at any time. MS Games and Software UG (limited liability) makes no warranty or guarantee that the game will be complete or accurate and available at any time or at any particular time. The game may be incomplete, contain errors, etc. MS Games and Software UG (limited liability) assumes no obligation and expressly disclaims any responsibility for correcting or submitting errors or non-existent functions in the game. The game is provided "as is" without any express warranty.


You agree to incomplete payment for the Game and any products and services ordered through the Game. You and responsible for providing valid credit card details to MS Games and Software UG (limited liability) and/or the platform/service providers for secure payments. MS Games and Software UG (limited liability) and/or the platform/service providers reserve the right to cancel orders if the credit card details you have provided are not valid. Payment can be made in cooperation with payment service providers such as PayPal. MS Games and Software UG (limited liability) or the platform/service providers will confirm all subscriptions and purchases and, if applicable, email you initial registration or activation information after MS Games and Software UG (limited liability) or the platform/service providers have the opportunity had to confirm your purchase.


In order to access and use the Game, as well as to access Supplemental Content, Premium Services, etc., it may be necessary to pay certain fees (the Game and any Premium Services, as well as access to Supplemental Content are only available to paying users placed). The current fees and terms of payment can be found on the game access pages of the platform/service providers, the game website etc. MS Games and Software UG (limited liability) can also offer other products and services, for example in the game free of charge, and against setting up a one-time fee or recurring offer fees. MS Games and Software UG (limited liability) and/or the platform/service providers may change the fees and payment terms at any time. If fees may be subject to any type of taxation. MS Games and Software UG (limited liability) or the platform/service providers collect these fees from you.

ALL FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR IN THE PLATFORM/SERVICE PROVIDER'S TERMS, ARE NON-REFUNDABLE, IN WHOLE OR IN PART.

A portion of the payment amount may be credited at the sole discretion of MS Games and Software UG (limited liability) and/or the platform/service provider in the event that you decide to expand your Services. If you purchase the game and any product or service in or related to the game, you authorize MS Games and Software UG (limited liability) or the platform/service provider to automatically charge your credit card for the fees in accordance with the payment terms . You are responsible for paying all applicable taxes (including those that MS Games and Software UG (limited liability) or the platform/service provider are not required to collect), hardware, software, internet and equipment costs (if applicable, platform-specific VR headsets/screens, etc.) and other costs incurred by you in order to access and use the Game. MS Games and Software UG (limited liability) and/or the platform/service providers reserve the right to change the fees for the Game and its availability at any time without notice, provided at any time that such price changes (except as otherwise stated explicit information in your payment terms) the platform/service provider has not already received and processed from you. You are responsible for checking in-game for changes to fees or payment terms.


Subject to payment of applicable fees, and subject to your registering an account and complying with the condition set forth herein, MS Games and Software UG (limited liability) grants and enables you a limited, non-exclusive, revocable license to access the Game Your access to and use of the Game, subject to the other terms, limitations and restrictions contained in this Agreement. You are prohibited from uploading or re-publishing the Game or Game Content to any Internet, intranet or extranet site or incorporating the information into any other database or compilation. Any further use of the Game or recording and streaming on channels such as Twitch, provided such use is contrary to good morals, does not infringe any intellectual property rights of MS Games and Software UG (limited liability) and does not adversely affect MS Games and Software UG (limited liability) or the game. If MS Games and Software UG (limited liability) or the platform (service provider) is unable to process your payment, at the discretion of MS Games and Software UG (limited liability) or the platform/service provider, your access to certain services, content, etc suspended or terminated. MS Games and Software UG (limited liability) may suspend or revoke your license if you violate or assist others in the terms of providing the Game.


MS Games and Software UG (limited liability) makes the game available in its current state. MS Games and Software UG (limited liability) or the platform/service provider will endeavor to provide the game you have ordered within a reasonable time. Because technical issues may delay or prevent delivery, MS Games and Software UG (limited liability) or the platform/service provider, except as set forth in the next sentence, makes no commitments regarding delays or delivery issues. Your sole remedy with respect to the game, purchased products or services not being delivered within a reasonable time of your order shall be, at the sole discretion of MS Games and Software UG (limited liability) or the platform/service provider, either replacement of the game, product or service, or a refund of the price paid for the game, product or service.


The game, platforms etc. may contain links to other games, websites, services etc. MS Games and Software UG (limited liability) does not review or rate any games, websites, services, etc. linked in the Game or on the Platform and is not responsible for the accuracy, non-infringement, legality, decency or appropriateness of the content of such games, websites, services etc. nor responsible for any advertising, products or other materials that may appear or be offered in such games, websites and services so far on the Platform etc. We recommend that you carefully read the relevant terms of use of these games, websites, services, etc. Under no circumstances shall MS Games and Software UG (limited liability) be held responsible or liable, directly or indirectly, for any loss or damage arising out of your actual or alleged use of any content, products available in such games, websites, services, platforms, etc., goods or services etc. or your reliance on them.


Your access to and use of the Game constitutes your agreement. MS Games and Software UG (limited liability), its parent company and affiliates, licensees and partners, the platform/service providers and their respective members, employees, contractors, agents and Directors to indemnify and hold harmless any and all actions, claims, demands, liabilities and expenses, including reasonable attorneys' fees, arising out of your use or misuse of the Game, including any third party services associated with use of your account.


This Agreement is effective until modified by MS Games and Software UG (limited liability) in its sole discretion. MS Games and Software UG (limited liability) may change, suspend or discontinue any or any aspect of the Game, including but not limited to the availability of the Game or any features contained therein, at any time and for any reason without notice or liability. MS Games and Software UG (limited liability) may terminate the provision of the Game and any or all products and services offered in connection with the Game, this Agreement and any rights granted to you under this Agreement, at any time and for any reason without notice or liability lift. MS Games and Software UG (limited liability) may, but is not obligated to, notify you of such termination in any of the following ways: (I) by an in-game notice, (II) by email, (III) in the end user -License Agreement or (IV) in any other manner deemed appropriate by MS Games and Software UG (limited liability) to notify you of termination. If the game is discontinued by MS games and Software UG (limited liability), you will not receive a refund of any fees paid. In the event of termination pursuant to this Condition, Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 will survive, 23, 24, 25, 26, 27, 28 and 29 of this Agreement shall remain in effect.


THE GAME IS PROVIDED BY MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) "AS IS" AND "AS AVAILABLE". TO THE GREATEST EXTENT PERMITTED BY LAW, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) DISCLAIMS ALL WARRANTIES. WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

WITHOUT LIMITATION, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) MAKES NO REPRESENTATIONS OR MAKES ANY OF THE FOREGOING, EXPRESS OR IMPLIED. (I) REGARDING THE GAME, THE INFORMATION, CONTENT, MATERIALS CONTAINED THEREIN, ETC., (II) THAT THE GAME WILL OPERATE CONTINUED, WITHOUT INTERRUPTION, SECURE OR ERROR-FREE, (III) REGARDING THE ACCURACY, RELIABILITY OR TIMELINESS ANY INFORMATION, CONTENT, PRODUCTS, AND SERVICES PROVIDED, OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR EMAILS SENT BY OR ON BEHALF OF MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) WILL BE FREE OF VIRUSES, SCRIPTS, TROJANS, WORMS, OR OTHERWISE HARMFUL COMPONENTS ARE. ALTHOUGH MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) COMPANY MAKES RULES REGARDING USER CONDUCT AND POSTING, IT DOES NOT CONTROL AND ASSUMES NO RESPONSIBILITY FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME. FURTHER, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) SHALL NOT BE RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, ILLEGAL, OR OTHERWISE UNWANTED CONTENT YOU MAY ENCOUNTER IN THE GAME, PLATFORMS, OR IN CONNECTION WITH ANY APPLICATIONS, SOFTWARE, OR THIRD-PARTY CONTENT. MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) IS NOT RESPONSIBLE FOR THE CONDUCT OF USERS OF THE GAME ONLINE OR OFFLINE.

THE OPERATION AND FEATURES OF THE GAME MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) COMPANY AND ITS PARENT COMPANIES; UNDER NO CIRCUMSTANCES WILL ANY AFFILIATES, LICENSEES, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY REFERRED TO AS "MS GAMES AND SOFTWARE UG (LIMITED LIABILITY)" IN THIS SECTION 12 AND SECTION 13 BELOW) BE LIABLE FOR ANY RESULTING FROM THE USE OR INABILITY OF THE GAME RESULTING DAMAGES, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE ON ANY INFORMATION OBTAINED BY YOU FROM THE GAME OR OTHERWISE FROM MS GAMES AND SOFTWARE UG (LIMITED LIABILITY), ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS , BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER RESULTING FROM FORCE MAJEURE, LACK OF COMMUNICATIONS, THEFT; DESTRUCTION OR PROGRAMS OR GAMES ETC. ARE BY MS GAMES AND SOFTWARE UG (LIMITED LIABILITY). YOU HEREBY ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR RELATING TO THE GAME. MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) ASSUMES NO RESPONSIBILITY FOR ACCURACY; SECURE DELIVERY AND FUNCTIONALITY OF SMS/TEXT SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PRODUCT OR SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) ENTIRE LIABILITY UNDER THE TERMS OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME IN THE TWELVE MONTHS PRIOR TO THE CLAIM.


WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) SHALL HAVE NO LIABILITY FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS PURCHASED BY YOU, OR USED IN THE GAME OR IN CONNECTION WITH THE GAME AND/OR SERVICES TAKES ON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GAME OR ANY PRODUCTS AND SERVICES PURCHASED BY YOU, AND USE IN THE GAME OR CONNECTED WITH THE GAME, SHALL BE AT YOUR SOLE RISK AND ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE , ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) DISCLAIMS ALL WARRANTIES, CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE GAME OR PURCHASED BY YOU, OR IN CONNECTION WITH THE GAME GAME USE PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) DOES NOT WARRANT THAT THE GAME, OR ANY PRODUCTS AND SERVICES PURCHASED BY YOU, USED IN OR IN CONNECTION WITH THE GAME, WILL BE UNINTERRUPTED, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THE OPERATION OF THE GAME, AND THE PRODUCTS AND SERVICES WILL BE CONTINUED, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR DEFECTS IN THE GAME OR PURCHASED BY YOU, AND PRODUCTS AND SERVICES USED IN THE GAME OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) OR AUTHORIZED REPRESENTATIVES OF MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) SHALL CREATE A WARRANTY. SHOULD THE GAME OR ANY PRODUCTS AND SERVICES PURCHASED BY YOU, USED IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ALL COSTS OF SERVICING, REPAIR AND CORRECTION IF NECESSARY.

MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED IN OR REGARDING THE GAME, THE PLATFORMS, OR ANY LINKED WEBSITES OR FEATURES IN BANNERS OR OTHER ADVERTISEMENTS FOREGOING NO RESPONSIBILITY. FURTHER, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) IS NOT INVOLVED IN OR IN ANY WAY RESPONSIBLE FOR CONTROLLING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS AND SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) BE LIABLE FOR ANY RESULTS FROM THE POSSESSION, USE, OR INABILITY TO USE THE GAME OR PURCHASED BY YOU, OR PRODUCTS AND SERVICES USED IN OR IN CONNECTION WITH THE GAME OR DEFECTS ARISING IN THE GAME OR PRODUCTS AND SERVICES PURCHASED IN OR USED IN THE GAME OR BY YOU, IN CONNECTION WITH THE GAME, INCLUDING, BUT NOT LIMITED TO, COMPUTING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM, OR FILES OR THE OFFERINGS, OR FAILURE TO PROVIDE SUPPORT WILL RESULT IN ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER FINANCIAL LOSS (However arising, including but not limited to NEGLIGENCE), EVEN IF YOU ACCEPT THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) ENTIRE LIABILITY UNDER THE TERMS OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRIOR TO THE CLAIM.


On rare occasions, some users may experience seizures when exposed to certain light patterns or flashing lights. Certain light patterns or backgrounds on monitors or virtual reality headsets may cause seizures or motion sickness in people with no history of seizures or epilepsy. MS Games and Software UG (limited liability) assumes no responsibility for such effects and end results. Your access and use of the Game is at your own risk. Furthermore, MS Games and Software UG (limited liability) assumes no responsibility for motion sickness, any balance problems resulting from the use of the game, etc.


The names, logos, characters, brands and names of products and services appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of MS Games and Software UG (limited liability) or third parties (their respective owners). The use of these trademarks or service marks without the prior written consent of their respective owners is expressly prohibited.


Intellectual property of MS Games and Software UG (limited liability).

You acknowledge and agree that all content, design elements and materials available in the Game, such as graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and names of services ("MS Games and Software UG ( limited liability)”) are owned by MS Games and Software UG (limited liability) and/or its partners and licensors and are protected by copyright, trademark, patent, trade secret and/or other proprietary rights of MS Games and Software UG (limited liability) and/or of its partners and licensors are protected. MS Games and Software UG (limited liability) and its partners and licensors retain all right, title and interest in the content of MS Games and Software UG (limited liability). You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any MS Games and Software UG (limited liability) Content except as expressly permitted in this Agreement. MS Games and Software UG (limited liability) trademarks and trade dress may not be used in any way, including as part of or Services, and in any way likely to cause confusion. Furthermore, they may not be copied, imitated or used, either in whole or in part, without the prior written permission of MS Games and Software UG (limited liability). In addition, you may not sell, license, lend, perform, display, create derivative works from, or in any way use or exploit MS Games and Software UG (limited liability) Content unless not expressly permitted in this Agreement. You may not disassemble, decompile, or reverse engineer any software or other component of the Game or the MS Games and Software UG (limited liability) Content. Except as expressly provided otherwise, nothing in this Agreement shall be construed as conferring, by estoppel, by implication, or otherwise, any license under any Intellectual Property Rights. You agree not to bring any claim, suit, or other action against MS Games and Software UG (limited liability) and its affiliates regarding patent infringement, patent rights, or other intellectual property rights.

End User License Agreement for Use of the Game.

By registering an account and paying appropriate fees, you are granted a single, personal, revocable license to use the Game in accordance with Section 8. Any reference in this Agreement to “purchase” the Game is to obtain a license to use the Game and any reference to “selling” or “selling” the Game is to granting a license to use the Game.

End User Intellectual Property

In the Game, you may create certain content (“Contributions”). Except for MS Games and Software UG (limited liability) content contained therein, and any intellectual property right and title interest in such Submissions, if created and submitted by you for use in the Game, shall remain your intellectual property. The portions of a Submission that are not part of MS Games and Software UG (limited liability) Content may be referred to in this Agreement as "End User Content." By posting End User Content in the Game, you represent and warrant that you own all necessary rights to grant the licenses contained therein. You further represent and warrant that there are no claims, lawsuits, demands or other legal or administrative proceedings, pending or threatened, that may directly or indirectly affect your End User Content or any portion thereof, or which in any way may affect the rights you grant here.

License agreement for "MS Games and Software UG (limited liability)" on the intellectual property of the end user.

You agree that MS Games and Software UG (limited liability) is granted the irrevocable, sublicensable, perpetual, worldwide, royalty-free, fully paid right and license to use, perform, reproduce, incorporate into the Game and integrate, modify, edit, perform and display in public, distribute and create derivative works of its sequels as they appear in the contributions in the game and its sequels, on related websites and in any currently known or later created media, for marketing and promotional purposes, and your End User Content and Submissions, and any derivative works thereof, for its products and services. For example, MS Games and Software UG (limited liability) may use your End User Content and Funds to market and promote the Game, on websites such as YouTube, Twitter, Facebook, etc., as Merchandise materials, etc.


You agree to comply with all applicable laws and regulations when using the Game. If you behave properly, you will be granted access to the game and the right to use the game. MS Games and Software UG (limited liability) prohibits the following practices, which in MS Games and Software UG (limited liability)'s experience affect the use of the game without limiting the rights of MS Games and Software UG (limited liability), the game environment and behavior of end users in this environment. The following is strictly prohibited:

• You may not take any action that imposes an unreasonable or disproportionately high load on the Game's infrastructure.
  
• You may not use your own or third-party software to modify in-game content, the environment, or the way the game and services are used.
  
• You may not use any proprietary or third party software, the Game or any information accessed through the System to circumvent or modify any system architecture for logging in. Nor may you create or provide any other means by which any System and/or the Game may be accessed for use for any purpose other than that intended by MS Games and Software UG (limited liability).
  
• You may not violate the rights of others and their rights to use and enjoy the Game. You must not cheat, harass, threaten or cause distress to other players and/or attract unwanted attention.
  
• When naming any object, character, team, guild, or clan, etc., you may not use language that is sexually explicit, harmful, threatening, abusive, defamatory, vulgar, hateful, racially or ethnically objectionable.
  
• You may not post or communicate any real-world information (name, address, account name, etc.) of any player in-game, on the Websites, or in any other forum or media, and you may not publish anyone's identification documents or sensitive financial information, or this post in-game or on other permitted websites.
  
• You may not collect or collect, by electronic or other means, email addresses or other contact information of other Game Users, for example, to send unsolicited emails or other unsolicited communications.
  
• You may not solicit any personal information or password or personally identifiable information from a minor for the purpose of using it for any commercial or unlawful purpose.
  
• You may not use language or images that are sexually explicit in nature, harmful, threatening, abusive, defamatory, vulgar, hateful, racially or ethnically objectionable.
  
• You may not post content that contains graphic depictions of unreasonable or excessive violence, or contains obscene language or gestures, that promotes intoxication or substance abuse, that promotes gender, political or religious stereotypes, that contains negative or disrespectful statements about religions, or that is name-damaging , affect the reputation or goodwill of MS Games and Software UG (limited liability).
  
• You may not post, upload or link to imagery or content that is sexually explicit, harmful, threatening, abusive, defamatory, vulgar, hateful, racially or ethnically objectionable.
  
• You may not impersonate MS Games and Software UG (limited liability) or an employee etc.
  
• You may not impersonate any person, misrepresent your affiliation with any entity or person, attempt to disguise your identity, or otherwise defraud.
  
• You may not violate, or encourage others to violate, any local, state, national, or international laws and regulations.
  
• You may not market, promote, or advertise any product or service in the Game.
  
• You may not modify any part of the game, client, server, etc.
  
• You may not buy, sell, barter, share or transfer access to the Game, or state your intentions to do so.
  
• You may not use in-game cash to buy, sell, or trade items, or state your intentions to do so.
  
• You may not use the Game for any unlawful purpose or arrange for the exchange or transfer of pirated or illegal software in the Game.
  
• You must follow the instructions of authorized in-game personnel and personnel associated with them.
  
• In-game, you may not organize or belong to any alliances or groups based on or advocate racist, sexist, anti-religious, anti-ethnic, anti-gay or any other hate speech.
  
• You may not provide false information or intentionally conceal information when registering your Game Account.
  
• You must not attempt to interfere with, hack or decrypt any transmission to or from any server or platform on which the Game is running.
  
• You may not exploit Game Bugs or notify other users of the Game of the existence of exploitable bugs (bugs that grant the user unnatural or unintended advantages), either directly or through public contributions. Game errors should be reported immediately via info@msgamesandsoftware.de.
  
• You may not attempt to play the Game on any server or platform that is not controlled or authorized by MS Games and Software UG (limited liability), its agents and/or its platform/server providers.
  
• You may not create, use or provide a server emulator or any other site to use the Game, and you may not use any utility, emulator or other software tool in connection with the Game without the express written permission of MS Games and Software UG (limited liability). post or distribute.
  
• You may not create a user account on behalf of another person or on behalf of any group or entity.
  
• You may not use the copyrights or trademarks of MS Games and Software UG (limited liability) or deceptively similar marks.
  
• You may not upload any invalid data, viruses, worms or other software agents into the Game.
  
• You may not solicit any information from End Users without their consent.

Further, you may not use the Game in any way that violates the terms of this Agreement or the Privacy Policy.

MS Games and Software UG (limited liability) and the platform/service providers have the right to delete end user content and posts or suspend your account and deny you access to the game at any time and for any reason, in our sole discretion and without prior notice including but not limited to suspected breaches of this Agreement or the Privacy Policy.


MS Games and Software UG (limited liability) may occasionally contact you through any appropriate means of communication to provide you with news, such as about the Game, new products and services, updates, campaigns, promotions, bugs, technical issues and/or the Ease of use of the Game and payment methods offered, etc. MS Games and Software UG (limited liability) may occasionally ask you for information about your gaming experience, etc. You are under no obligation to give MS Games and Software UG (limited liability) any ideas, feedback or suggestions (collectively "Feedback") called) to send. You submit all information on a voluntary basis. If you submit Feedback to MS Games and Software UG (limited liability) you assign all right, title and interest in and to that Feedback and you acknowledge that MS Games and Software UG (limited liability) is free to use, reproduce, modify, process, create this Feedback , have it created, sell it, offer it for sale, import it, or use it in any other way, without being paid or receiving anything in return. You can stop receiving commercial messages from MS Games and Software UG (limited liability) by following the instructions in the commercial messages or by contacting our customer service via info@msgamesandsoftware.de. These communication choices do not apply to mandatory service messages that are considered part of the game and that you receive periodically.


When you use the Game or send us emails, you are communicating with us electronically. You agree to receive electronic messages from us and to communicate with us electronically. We will communicate with you via email or in-game notices, or any other means MS Games and Software UG (limited liability) deems appropriate. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, in-game communication or otherwise) satisfy any legal requirement that such communications be in writing.


You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.


If you are a resident of the United States of America, the following applies. For claims (excluding requests for injunctive relief and other equitable relief) where the aggregate amount sought by both parties is less than $10,000, the matter will be resolved by binding arbitration initiated by the American Arbitration Association ("AAA") without an in-person appearance . The AAA's policies are available online at www.adr.org. You can also reach the AAA by phone at 1-800-778-7879. In any decision of an arbitral tribunal, the parties and AAA must comply with the following conditions: (a) the arbitration shall be conducted by telephone, online and/or written receipt, the mode of conduct being chosen by the initiating party; (b) the arbitration shall be conducted in person Appearance of the parties or witnesses, unless the parties mutually decide otherwise, © the arbitrator may grant an injunction or relief by declaratory judgment only in favor of the party seeking relief and only to the extent that it is justified by the party's claim, and (d) the award may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent the parties from seeking redress in the competent small claims courts.


YOU AGREE THAT ANY REMEDIES IN ARBITRATION UNDER SECTION 21 WILL BE IN YOUR PERSONAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.


YOU AND MS GAMES AND SOFTWARE UG (LIMITED LIABILITY) AGREE THAT ANY CAUSE OF ACTION WILL EXIST WITH RESPECT TO THIS AGREEMENT; MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OCCURRED. OTHERWISE, THIS CLAUSE IS PERMANENTLY BARRED.


(a) If you reside outside of the United States of America, this Agreement shall be construed and construed in accordance with the laws of Germany, without regard to its conflict of law principles. The parties hereby submit to the exclusive jurisdiction of the courts of Germany, with the District Court of Germany being the first competent venue, to resolve any disputes arising out of or in connection with this Agreement.

(b) If you reside outside of the United States of America, and unless otherwise required by law, this Agreement shall be construed and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree that the federal or state courts in and for New York Country, New York shall have exclusive jurisdiction over any cause of action related to this Agreement that is not subject to compulsory arbitration under Section 22. You hereby consent to and submit to the personal jurisdiction of such courts for any dispute related to any such action.

(c) Notwithstanding anything to the contrary, MS Games and Software UG (limited liability) may seek payment, injunctive relief, or other equitable relief in any court of competent jurisdiction.


If any provision of this Agreement is held to be void or unenforceable in whole or in part by any applicable jurisdiction, for any reason whatsoever, that jurisdiction shall be void, but only to the extent of such voidness or enforceability, without prejudice to the validity or enforceability another jurisdiction or the remaining provisions are affected before any jurisdiction.


MS Games and Software UG (limited liability) reserves the right, at its sole discretion, to update or modify this Agreement at any time. MS Games and Software UG (limited liability) will post appropriate changes in the game, on its website and/or in game-related forums etc. and these additional or revised terms will form part of the agreement. Please check the End User License Agreement periodically for changes. Your continued use of the Game obliges you to update the End User License Agreement, including any modifications made by MS Games and Software UG (limited liability) as permitted above.


This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior written or oral agreement between the parties with respect to the subject matter hereof. MS Games and Software UG (limited liability) may transfer its rights under this Agreement to you without notice. You may not transfer your rights under this Agreement.


The Game and related products and services are provided by MS Games and Software UG (limited liability), a German company with registered office and registered office at Aldenrader Str. 40, DE-47169 Duisburg, Germany, email: info@msgamesandsoftware.de.