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END USER LICENSE AGREEMENT (the “Agreement”)
2023-11-23
THIS AGREEMENT IS SUBJECT TO WAIVER OF CLASS ACTION RIGHTS AND DISPUTE RESOLUTION BELOW.
READ THIS AGREEMENT AND THE PRIVACY POLICY (AVAILABLE AT https://lightyearfrontier.com/privacy-policy/) CAREFULLY BEFORE INSTALLING OR USING THE SERVICES. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE SERVICES. YOU CONFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT. You agree that your use of this https://lightyearfrontier.com/ website, game, application, account, product, software, service or other property, including any patches, updates, and downloadable content (collectively the "Services"), shall be subject to the terms of this Agreement.
The terms of this Agreement are between you and FRAME BREAK AB, Kaplansgatan 18, 549 34,
Skövde (“Company”).
License
By purchasing or otherwise accessing our Services and subject to the User Requirements below, Company grants you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal license to use the Services for your non-commercial use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Company or its licensors trademarks or logos, or legal notices included in the Services or related assets. Any attempt to use the Services in breach of the terms of this Agreement is a violation of the rights of Company and its licensors.
Proprietary and intellectual property rights
All proprietary and intellectual property rights in relation to the Services are the property of Company or its licensors. The Services are protected by national and international laws, copyright laws, trademark laws and other laws. Except as expressly provided in this agreement, all rights are expressly reserved by Company.
User requirements
Any use of the Services in violation of the following limitations is a breach of this Agreement and Company may in its sole discretion immediately terminate your license in case of such breach. You agree that you will not, under any circumstances:
• use, develop, host or distribute cheats, automation software (bots), hacks, mods or any other unauthorized third-party software in connection with the Services;
• exploit or reverse engineer the Services for any commercial purpose;
• use any unauthorized third-party software that intercepts, or collects, information from or through the Services;
• except as authorized by Company in writing, host, provide or develop matchmaking services for the Services;
• disrupt or assist in the disruption of: any computer, device or server used to support the Services; or any other player's use of the Services;
• interfere or attempt to interfere with the operation of the Services in any way through any means or device including for example by launching a denial of services attack, spamming, hacking, or uploading computer viruses or time bombs; or
• reproduce, distribute, display, transfer or use any part of the Services except as expressly authorized by Company;
• scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user's (whether specific to any particular user or as an aggregation) information accessible through the Services.
• copy or use any part of the Services’ Content or Materials (as defined below) for any artificial intelligence purposes. In particular, you may not use any part of the Services’ Content or Materials to develop, create, prompt, train, improve or enhance any deep learning, machine learning or other artificial intelligence application, including any convolutional neural network, whether for commercial or non-commercial purposes. You may not make screen captures or videos of gameplay or use text and data mining, web crawling, screen scrapping or similar data gathering methods to create datasets that are used to train an AI model or for model validation or testing. As used herein, the term Services’ Content or Materials means for example (a) the artwork, graphics, text, animation, video, visual displays and other elements visible to the user of the game (including the storyline, backstories and lore for the game and transcripts of any gameplay; the characters that appear or are described in the game; and the locations, levels and maps of the game); (b) the sounds, musical compositions, sound effects, dialog, voice tags, sound tracks, and other elements audible to the user of the game; and (c) the vibrations, motions, feedback forces and other elements that are felt by the user of the game.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND/OR DELETING YOUR ACCOUNT. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES. THE USER SHALL BEAR ALL COSTS OF ITS OWN INFRASTRUCTURE NECESSARY FOR THE USE OF THE SERVICES. THE USER SHALL BEAR ALL RISKS ASSOCIATED WITH THE EXPENDITURE OF TIME AND EFFORT OR THE LOSS OF DATA (IN PARTICULAR GAME DATA) OR WITH DISRUPTIONS OR LOSS OF COMMERCIAL OR OTHER INFORMATION THROUGH THE USE OF THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR LICENSORS, 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 SERVICES OR DEFECT IN OR CAUSED BY THE SERVICES, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR DEVICE ON WHICH THE SERVICES RUN, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE, YOU MAY RECOVER ONLY DIRECT DAMAGES IN AN AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE SERVICES.
Access to Services
Company reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the Services (incl. for clarity the games and the websites) due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Company also reserves the right to change, modify, discontinue, suspend or abandon the Services at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Term and termination
This Agreement is valid until it is terminated by you or Company. Company may terminate this Agreement with immediate effect if you commit any violation of the terms and conditions of the Agreement. You shall then immediately cease all use of the Services. With termination of this Agreement for whatever reason, all licenses granted herein are immediately terminated, without substitution. You may terminate this Agreement at any point. If you terminate this Agreement, you must immediately cease to use the Services.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND COMPANY AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Governing Law and Dispute Resolution
You agree that this Agreement shall be deemed to have been made and executed in Sweden and any dispute arising under this Agreement shall be resolved in accordance with the laws of Sweden, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods. Most disputes, claims, or controversies regarding this Agreement (“Disputes”) can be resolved by contacting Company at privacy@framebreak.se. Therefore, you agree to first attempt to solve any Dispute informally with Company for 60 days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, that the Dispute shall be determined exclusively by binding arbitration. The arbitration shall be administered by the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of one arbitrator with the seat of arbitration in Stockholm, and the arbitral proceedings shall be conducted in the English language.
If arbitration is unenforceable, you agree that the Dispute shall be determined exclusively by the Stockholm District Court, Sweden.
Privacy
Please visit https://lightyearfrontier.com/privacy-policy/ for information about the processing of your personal data and your legal rights.
Updates to the agreement
Company reserves the right to modify and update the terms of this Agreement at any time, for example for safety, security, legal, best practice and/or regulatory reasons and in accordance with applicable laws. If we make material or significant changes to the terms of this Agreement, we will notify you by email or by a notice on the applicable website(s) or during log in. You should check the website periodically for changes, as they are binding on you. Material or significant changes to the terms of this Agreement shall be effective thirty (30) days after publishment or notice. Your continued use of the Services will signify your acceptance of the amended terms. If you do not agree with the changes to these terms, you may terminate the license and stop using the Services. Any use of the Services after the effective date of the amended terms will constitute your consent to the amended terms.
Export control
You may not use, access or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
Store Terms and Translations
The ways in which you can use the Services may be controlled by the relevant store's terms and conditions and policies as made available to you by such store. To the extent that there is a conflict between the terms of this Agreement and the relevant store's terms from which you purchased (where applicable) or installed the Services, the store's terms shall prevail to the extent of the conflict. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
Company Information
FRAME BREAK AB
Kaplansgatan 18, 549 34, Skövde
559241-9278
privacy@framebreak.se
2023-11-23
THIS AGREEMENT IS SUBJECT TO WAIVER OF CLASS ACTION RIGHTS AND DISPUTE RESOLUTION BELOW.
READ THIS AGREEMENT AND THE PRIVACY POLICY (AVAILABLE AT https://lightyearfrontier.com/privacy-policy/) CAREFULLY BEFORE INSTALLING OR USING THE SERVICES. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE SERVICES. YOU CONFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, UNDERSTAND AND ACCEPT THIS AGREEMENT. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT. You agree that your use of this https://lightyearfrontier.com/ website, game, application, account, product, software, service or other property, including any patches, updates, and downloadable content (collectively the "Services"), shall be subject to the terms of this Agreement.
The terms of this Agreement are between you and FRAME BREAK AB, Kaplansgatan 18, 549 34,
Skövde (“Company”).
License
By purchasing or otherwise accessing our Services and subject to the User Requirements below, Company grants you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal license to use the Services for your non-commercial use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Company or its licensors trademarks or logos, or legal notices included in the Services or related assets. Any attempt to use the Services in breach of the terms of this Agreement is a violation of the rights of Company and its licensors.
Proprietary and intellectual property rights
All proprietary and intellectual property rights in relation to the Services are the property of Company or its licensors. The Services are protected by national and international laws, copyright laws, trademark laws and other laws. Except as expressly provided in this agreement, all rights are expressly reserved by Company.
User requirements
Any use of the Services in violation of the following limitations is a breach of this Agreement and Company may in its sole discretion immediately terminate your license in case of such breach. You agree that you will not, under any circumstances:
• use, develop, host or distribute cheats, automation software (bots), hacks, mods or any other unauthorized third-party software in connection with the Services;
• exploit or reverse engineer the Services for any commercial purpose;
• use any unauthorized third-party software that intercepts, or collects, information from or through the Services;
• except as authorized by Company in writing, host, provide or develop matchmaking services for the Services;
• disrupt or assist in the disruption of: any computer, device or server used to support the Services; or any other player's use of the Services;
• interfere or attempt to interfere with the operation of the Services in any way through any means or device including for example by launching a denial of services attack, spamming, hacking, or uploading computer viruses or time bombs; or
• reproduce, distribute, display, transfer or use any part of the Services except as expressly authorized by Company;
• scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user's (whether specific to any particular user or as an aggregation) information accessible through the Services.
• copy or use any part of the Services’ Content or Materials (as defined below) for any artificial intelligence purposes. In particular, you may not use any part of the Services’ Content or Materials to develop, create, prompt, train, improve or enhance any deep learning, machine learning or other artificial intelligence application, including any convolutional neural network, whether for commercial or non-commercial purposes. You may not make screen captures or videos of gameplay or use text and data mining, web crawling, screen scrapping or similar data gathering methods to create datasets that are used to train an AI model or for model validation or testing. As used herein, the term Services’ Content or Materials means for example (a) the artwork, graphics, text, animation, video, visual displays and other elements visible to the user of the game (including the storyline, backstories and lore for the game and transcripts of any gameplay; the characters that appear or are described in the game; and the locations, levels and maps of the game); (b) the sounds, musical compositions, sound effects, dialog, voice tags, sound tracks, and other elements audible to the user of the game; and (c) the vibrations, motions, feedback forces and other elements that are felt by the user of the game.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND/OR DELETING YOUR ACCOUNT. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES. THE USER SHALL BEAR ALL COSTS OF ITS OWN INFRASTRUCTURE NECESSARY FOR THE USE OF THE SERVICES. THE USER SHALL BEAR ALL RISKS ASSOCIATED WITH THE EXPENDITURE OF TIME AND EFFORT OR THE LOSS OF DATA (IN PARTICULAR GAME DATA) OR WITH DISRUPTIONS OR LOSS OF COMMERCIAL OR OTHER INFORMATION THROUGH THE USE OF THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR LICENSORS, 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 SERVICES OR DEFECT IN OR CAUSED BY THE SERVICES, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR DEVICE ON WHICH THE SERVICES RUN, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE, YOU MAY RECOVER ONLY DIRECT DAMAGES IN AN AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE SERVICES.
Access to Services
Company reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the Services (incl. for clarity the games and the websites) due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Company also reserves the right to change, modify, discontinue, suspend or abandon the Services at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Term and termination
This Agreement is valid until it is terminated by you or Company. Company may terminate this Agreement with immediate effect if you commit any violation of the terms and conditions of the Agreement. You shall then immediately cease all use of the Services. With termination of this Agreement for whatever reason, all licenses granted herein are immediately terminated, without substitution. You may terminate this Agreement at any point. If you terminate this Agreement, you must immediately cease to use the Services.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND COMPANY AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Governing Law and Dispute Resolution
You agree that this Agreement shall be deemed to have been made and executed in Sweden and any dispute arising under this Agreement shall be resolved in accordance with the laws of Sweden, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods. Most disputes, claims, or controversies regarding this Agreement (“Disputes”) can be resolved by contacting Company at privacy@framebreak.se. Therefore, you agree to first attempt to solve any Dispute informally with Company for 60 days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, that the Dispute shall be determined exclusively by binding arbitration. The arbitration shall be administered by the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of one arbitrator with the seat of arbitration in Stockholm, and the arbitral proceedings shall be conducted in the English language.
If arbitration is unenforceable, you agree that the Dispute shall be determined exclusively by the Stockholm District Court, Sweden.
Privacy
Please visit https://lightyearfrontier.com/privacy-policy/ for information about the processing of your personal data and your legal rights.
Updates to the agreement
Company reserves the right to modify and update the terms of this Agreement at any time, for example for safety, security, legal, best practice and/or regulatory reasons and in accordance with applicable laws. If we make material or significant changes to the terms of this Agreement, we will notify you by email or by a notice on the applicable website(s) or during log in. You should check the website periodically for changes, as they are binding on you. Material or significant changes to the terms of this Agreement shall be effective thirty (30) days after publishment or notice. Your continued use of the Services will signify your acceptance of the amended terms. If you do not agree with the changes to these terms, you may terminate the license and stop using the Services. Any use of the Services after the effective date of the amended terms will constitute your consent to the amended terms.
Export control
You may not use, access or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
Store Terms and Translations
The ways in which you can use the Services may be controlled by the relevant store's terms and conditions and policies as made available to you by such store. To the extent that there is a conflict between the terms of this Agreement and the relevant store's terms from which you purchased (where applicable) or installed the Services, the store's terms shall prevail to the extent of the conflict. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
Company Information
FRAME BREAK AB
Kaplansgatan 18, 549 34, Skövde
559241-9278
privacy@framebreak.se