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IMPORTANT, PLEASE READ CAREFULLY
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between You (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and Ultramarine for the Ultramarine software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If You do not agree to the terms of this EULA, You should not install, copy, download or use the Software Product and in which case You should contact your vendor regarding its return policy. If You are acquiring this Software Product from a Ultramarine or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the Software Product acknowledges that You have read this EULA, understand it, and agree to be bound by its terms and conditions, and that You represent and warrant that You are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If You have not attained the age of majority, You must obtain the necessary permission in the form required by law from your parents or other legal representatives. No child under the age of 13 is allowed to play the Game.
2. OWNERSHIP.
It is hereby understood and agreed that, as between You and Ultramarine is the owner of all right, title, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof, regardless of the media or form of the original download, whether online, by disk or otherwise. You, as a licensee, through your downloading, installing, copying or use of this Software Product do not acquire any ownership rights to the Software Product.
3. GENERAL.
This Software Product is licensed, not sold, to You by Ultramarine for use only under the terms and conditions of this EULA. This Software Product is protected by copyright and trademark laws, by international copyright treaties, as well as other intellectual property laws and treaties. The licensed rights granted herein are limited to Ultramarine and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
Please note that it may be necessary to open an Ultramarine account (the “Account”) in order to play the Game and to purchase Additional Services (as defined below). You will be entitled to open such Account as soon as the Game starts and as soon as You have read and agreed to the following policies: the EULA, Ultramarine Privacy & Cookies Policy and Ultramarine Terms of Use.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as applicable:
The Software Product package, if any;
Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website (including without limitation the Game);
Any and all any titles, themes, images, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, vehicles, weapons, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, game design, fonts, voices and other sensory content in the Game (collectively, the “Game Content”);
Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to You by Ultramarine under this EULA.
The terms of this EULA shall govern any Upgrades provided by Paradox that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license shall prevail.
5. GRANT OF LICENSE AND RESTRICTIONS.
Subject to your agreement to and continuing compliance with this EULA, Ultramarine hereby grants, and You hereby accept, a limited, non-exclusive, non-transferable End User license to: (i) install the Software Product on the local hard disk(s) or other permanent storage media of one (1) computer or other game play device solely owned by You or under your legitimate control such computer/game play device sometimes referred to herein as a “Unit”); and (ii) use the Software Product for your non-commercial entertainment purposes only.
Unless provided otherwise herein, You shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances shall your use, display, modification, reproduction or distribution of the Game Content give You any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of Ultramarine. All right, title, and interest in and to the Software Product belong solely to Ultramarine and its licensors.
You shall not, withoutUltramarine express written consent:
Copy or reproduce, auction, loan, lease, sublicense or transfer the Software Product, unless otherwise stated in this EULA or in the rules of the Game;
Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials. Notwithstanding the foregoing, You shall have the right, at your own risk, to adjust and rearrange the content of the Software Product while using the Game on your Unit for your own non-commercial entertainment purposes only, if these adjustments are expressly allowed and included in the rules of the Game, and subject at all times to this EULA. You acknowledge that Ultramarine shall not be liable for any such readjustment performed by You in the Game.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement of Ultramarine copyrights and/or other rights in and to the Software Product.
By accepting the terms of this EULA, You further agree that You shall not, under any circumstances:
Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Software Product;
Exploit the Software Product or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering Additional Services, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Software Product; or
Use any obscene, pornographic, provocative or racist language or material in the Game or on the Forums (as defined below) relating to the Game.
Any use of the Software Product in violation of these limitations will be regarded as a breach this EULA and will be pursued to the fullest extent permissible under applicable law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
From time to time, at Ultramarine sole discretion, Ultramarine may provide You with support services related to the Software Product (“Support Services”). Ultramarine reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Ultramarine for Support Services.
Any supplemental software, code, content, or media provided to You in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations shall be void.
Ultramarine shall have the right, at any time, without notice to You to: (i) unilaterally suspend or modify the Game process and the Game conditions; (ii) modify or delete any information, including statements and declarations, posted by You on chats relating to the Game or on forums through which You can communicate with other users of the Games (such chats and forums, collectively, the “Forums”); (iii) improve or modify the Game, or any of its parts; and (iv) modify the hardware or system requirements to run the Game. Ultramarine shall never be liable if the hardware or software performance of your Unit prevents the Game from working, even if your Unit meets the minimum hardware or system requirements for the Game.
You agree to take appropriate measures to ensure the safety of your Account and passwords and to prevent unauthorized use of these by a third party. If You have reason to believe that third parties have obtained such information or can obtain it, You shall immediately inform Ultramarine and change such information. You agree and acknowledge that You shall not sell, give, rent, lease, assign, redistribute, sublicense or transfer your Account, any Additional Services, including in-game currency, or passwords to any third parties.
7. COLLECTION AND USE OF PERSONAL AND TECHNICAL INFORMATION.
Ultramarine shall have the right to collect personal information You submit in the Game, while purchasing Additional Services and/or while opening an Account, including but not limited to name, user ID, age, address, country of residence, phone number, language, email address, IP address, credit card information or any information You submit. Ultramarine will not collect any personal information about You unless You provide it. Therefore, if You do not want Ultramarine to obtain any personal information about you, do not submit it.
In addition, Ultramarine shall also have the right to collect technical information from You, such as computer configuration, browser type, platform type, internet service provider (ISP) and software usage, which are gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product.
Ultramarine may use any collected information to improve its products, administer the Game, analyze trends, or to provide services or technologies to End User. In addition, Ultramarine may use End User’s software usage information for the purpose of research, development, administration, support and marketing of Ultramarine products and services.
8. ADDITIONAL SERVICES.
“Additional Services” means services and in-game features acquired or purchased by End User that can only be used in the Game and under the conditions specified in this EULA, such as, but not limited to, in-game currency or virtual goods. Additional Services are not a necessary condition for participation in the Game and are provided by End User’s request only. As a condition to the use of Additional Services, End User acknowledges and agrees that:
No one under the age of 18 is permitted to purchase Additional Services. If it comes to Paradox’s attention that an End User under the age of 18 has purchased Additional Services, Ultramarine has the right, but not the obligation, to immediately delete that End User’s Account and the entire Account shall be deemed forfeited.
The list and cost of Additional Services, and the methods and conditions of purchasing Additional Services are published by Ultramarine in the Game. All payments for Additional Services are handled and administered through third party payment systems (collectively “Payment Systems”), not Ultramarine. Under no circumstances shall Paradox be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any Payment Systems. For policies and procedures governing the Payment Systems used to purchase such Additional Services, End User shall contact the operators of such Payment Systems. Ultramarine does not make any representations or warranties to End User regarding the rules and procedures of such Payment Systems, and shall have no responsibility or liability therefor. Furthermore, Ultramarine shall not make any monetary compensation to End User who purchases Additional Services using the Payment Systems; for example, if End User’s payments via the Payment Systems were to fail and as a result the payment was not received byUltramarine, Ultramarine will not issue any refund or other monetary compensation to End User. Notwithstanding the foregoing, End User is obliged to keep documents proving End User’s payment for Additional Services for the entire period during which End User uses the Game, and, if such documents are requested by Ultramarine, End User shall provide them.
If Ultramarine has reason to believe or suspects that You are performing illegal or fraudulent activities related to payments for Additional Services in the Game, Ultramarine has the right to provide relevant information to law enforcement bodies to investigate these suspicions.
If Ultramarine has reason to believe or suspects that You are exploiting any defects in the Game or are using any software to impermissibly increase your amount of Additional Services, including in-game currency, or gain any advantage in the Game, or if Ultramarine has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Ultramarine has the right to immediately delete your Account and the entire Account shall be deemed forfeited.
If You are prohibited from receiving on-line game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, You shall not be allowed to use the Game or Additional Services in the Game. In any case, You shall be solely responsible for the use of the Game in your country in accordance with local laws.
Any money You pay for Additional Services is not subject to return by Ultramarine and Ultramarine shall not be liable for the loss of your Additional Services, unless such loss is due directly and exclusively to the fault of Ultramarine (such as, by way of example only, by a bug in the Game), in which case Paradox may, at its sole discretion, compensate You with an amount of Additional Services added to your Account equivalent to the lost amount, but never with cash or “real” money.
End User agrees, understands and accepts that Ultramarine may be obliged to keep records of End Users transactions in-game and on Ultramarine Website for tax purposes, for up to five (5) years. In addition, End User agrees, understands and accepts that he/she may be subject to the payment of tax for the purchase or transfer of Additional Services in his/her country of residence.
End User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of Additional Services is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any Additional Services is at End User’s sole discretion.
9. TERM.
This License is effective until terminated. You may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Ultramarine may terminate this EULA at any time for any reason. The term of this EULA runs concurrently with the period during which You use and retain the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
Your rights under this EULA shall terminate automatically without notice from Ultramarine if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Ultramarine to effect such termination.
Upon termination of this EULA for any reason, You shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
10. INTELLECTUAL PROPERTY RIGHTS.
As between You and Ultramarine, Ultramarine shall retain all right, title, and interest in the Software Product and in any modifications or improvements made thereto, and in any Upgrades, updates or Documentation provided to You.
You acknowledge Ultramarine exclusive rights in the Software Product and that the Software Product is unique and original to Ultramarine and that Ultramarine is owner and/or legal distributor thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Ultramarine exclusive right and title to the Software Product or the validity thereof.
You shall not attempt to develop any software product that contains the “look and feel” of any part of the Software Product.
11. EXPORT LAW ASSURANCES.
Please note that if You are a United States resident, You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
12. DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that use of the Software Product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with You. To the maximum extent permitted by applicable law, the Software Product is provided “as is”, with all faults and without warranty of any kind, and Ultramarine and Ultramarine affiliates (collectively referred to as “Ultramarine” for the purposes of Sections 12 and 13) hereby disclaim all warranties and conditions with respect to the Software Product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Ultramarine does not warrant against interference with your enjoyment of the Software Product, that the functions contained in the Software Product shall meet your requirements, that the operation of the Software Product shall be uninterrupted or error-free, or that defects in the Software Product shall be corrected. No oral or written information or advice given by Ultramarine or a Ultramarine authorized representative shall create a warranty. Should the Software Product prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
13. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall Ultramarine, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption , loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or defect in or caused by the Software Product, including but not limited to compromising the security of your Unit, operating system or files, or the provision of or failure to provide Support Services, even if Ultramarine has been advised of the possibility of such damages.
Ultramarine does not accept liability for: (i) any possible criminal actions committed by End User; (ii) statements of End User, made or published in the Game or on the Forums relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters managed by End User, any actions of in-game characters in the Game, and/or any disrespect for other end users and their in-game characters; (iii) End User’s inability to access means his/her Account (e.g., as the result of End User’s loss of login, password and other information required for participation in the Game); or (iv) the loss of End User’s Additional Services, including in-game currencies, unless stated otherwise herein.
In any case,Ultramarine entire liability under any provision of this EULA shall be solely limited to the amount actually paid by You for the Software Product or replacement of the Software Product with product of comparable retail value, as Ultramarine may elect in its sole discretion. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You in part or whole.
14. DEFECTS AND SECURITY WARNING.
Without limiting the foregoing, Ultramarine does not ensure continuous, error-free, secure or virus-free operation of the Software Product.
WARNING: By installing and/or using the Software Product, You may be installing into your Unit software that is alleged or may be alleged to compromise the security of your Unit, its operating system and files. If at any time You wish to uninstall the Software Product because You believe the security of your Unit, operating system or files may be or has been compromised, You may need to execute a separate routine to uninstall the feature that may compromise your security. Damages You may recover for any such alleged security breaches are subject to the limitation of liability as set forth herein.
15. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Ultramarine and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from: (A) your breach of any term of this EULA; (B) your violation of any rights of any third party; or (C) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination or expiration of this EULA.
16. GOVERNING LAW.
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), You agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations shall commence upon receipt of a written notice by Ultramarine. You shall send such notice by registered mail to: Ultramarine, Voronezh Stankevicha street 36.
Governing Law and Dispute Resolution: This EULA shall be governed by and construed in accordance with the laws of Sweden. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim You may have arising from or related to the Software Product or this EULA You agree to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. Ultramarine reserves the right to make any claim against You and seek and be granted any legal or equitable remedy against You in any court anywhere in the world.
17. WAIVER & SEVERABILITY.
A failure on the part of Ultramarine to act with respect to a breach by You or others of this EULA does not waive Ultramarine right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ULTRAMARINE.
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“EULA”) is a legal agreement between You (either an individual or a single entity), hereinafter sometimes referred to as “You,” “End User” or “Licensee,” and Ultramarine for the Ultramarine software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any and all uses of the Software Product are governed by the terms of this EULA. If You do not agree to the terms of this EULA, You should not install, copy, download or use the Software Product and in which case You should contact your vendor regarding its return policy. If You are acquiring this Software Product from a Ultramarine or third party distributor website (a “Website”) and do not agree, click “disagree/decline.” You agree that your use of the Software Product acknowledges that You have read this EULA, understand it, and agree to be bound by its terms and conditions, and that You represent and warrant that You are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If You have not attained the age of majority, You must obtain the necessary permission in the form required by law from your parents or other legal representatives. No child under the age of 13 is allowed to play the Game.
2. OWNERSHIP.
It is hereby understood and agreed that, as between You and Ultramarine is the owner of all right, title, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof, regardless of the media or form of the original download, whether online, by disk or otherwise. You, as a licensee, through your downloading, installing, copying or use of this Software Product do not acquire any ownership rights to the Software Product.
3. GENERAL.
This Software Product is licensed, not sold, to You by Ultramarine for use only under the terms and conditions of this EULA. This Software Product is protected by copyright and trademark laws, by international copyright treaties, as well as other intellectual property laws and treaties. The licensed rights granted herein are limited to Ultramarine and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
Please note that it may be necessary to open an Ultramarine account (the “Account”) in order to play the Game and to purchase Additional Services (as defined below). You will be entitled to open such Account as soon as the Game starts and as soon as You have read and agreed to the following policies: the EULA, Ultramarine Privacy & Cookies Policy and Ultramarine Terms of Use.
4. SOFTWARE PRODUCT.
The Software Product, as used in this EULA, means, collectively and/or as applicable:
The Software Product package, if any;
Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website (including without limitation the Game);
Any and all any titles, themes, images, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, vehicles, weapons, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, game design, fonts, voices and other sensory content in the Game (collectively, the “Game Content”);
Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to You by Ultramarine under this EULA.
The terms of this EULA shall govern any Upgrades provided by Paradox that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license shall prevail.
5. GRANT OF LICENSE AND RESTRICTIONS.
Subject to your agreement to and continuing compliance with this EULA, Ultramarine hereby grants, and You hereby accept, a limited, non-exclusive, non-transferable End User license to: (i) install the Software Product on the local hard disk(s) or other permanent storage media of one (1) computer or other game play device solely owned by You or under your legitimate control such computer/game play device sometimes referred to herein as a “Unit”); and (ii) use the Software Product for your non-commercial entertainment purposes only.
Unless provided otherwise herein, You shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances shall your use, display, modification, reproduction or distribution of the Game Content give You any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks of Ultramarine. All right, title, and interest in and to the Software Product belong solely to Ultramarine and its licensors.
You shall not, withoutUltramarine express written consent:
Copy or reproduce, auction, loan, lease, sublicense or transfer the Software Product, unless otherwise stated in this EULA or in the rules of the Game;
Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials. Notwithstanding the foregoing, You shall have the right, at your own risk, to adjust and rearrange the content of the Software Product while using the Game on your Unit for your own non-commercial entertainment purposes only, if these adjustments are expressly allowed and included in the rules of the Game, and subject at all times to this EULA. You acknowledge that Ultramarine shall not be liable for any such readjustment performed by You in the Game.
Any use of the Software Product in violation of these limitations shall be regarded as an infringement of Ultramarine copyrights and/or other rights in and to the Software Product.
By accepting the terms of this EULA, You further agree that You shall not, under any circumstances:
Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Software Product;
Exploit the Software Product or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering Additional Services, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Software Product; or
Use any obscene, pornographic, provocative or racist language or material in the Game or on the Forums (as defined below) relating to the Game.
Any use of the Software Product in violation of these limitations will be regarded as a breach this EULA and will be pursued to the fullest extent permissible under applicable law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
From time to time, at Ultramarine sole discretion, Ultramarine may provide You with support services related to the Software Product (“Support Services”). Ultramarine reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Ultramarine for Support Services.
Any supplemental software, code, content, or media provided to You in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations shall be void.
Ultramarine shall have the right, at any time, without notice to You to: (i) unilaterally suspend or modify the Game process and the Game conditions; (ii) modify or delete any information, including statements and declarations, posted by You on chats relating to the Game or on forums through which You can communicate with other users of the Games (such chats and forums, collectively, the “Forums”); (iii) improve or modify the Game, or any of its parts; and (iv) modify the hardware or system requirements to run the Game. Ultramarine shall never be liable if the hardware or software performance of your Unit prevents the Game from working, even if your Unit meets the minimum hardware or system requirements for the Game.
You agree to take appropriate measures to ensure the safety of your Account and passwords and to prevent unauthorized use of these by a third party. If You have reason to believe that third parties have obtained such information or can obtain it, You shall immediately inform Ultramarine and change such information. You agree and acknowledge that You shall not sell, give, rent, lease, assign, redistribute, sublicense or transfer your Account, any Additional Services, including in-game currency, or passwords to any third parties.
7. COLLECTION AND USE OF PERSONAL AND TECHNICAL INFORMATION.
Ultramarine shall have the right to collect personal information You submit in the Game, while purchasing Additional Services and/or while opening an Account, including but not limited to name, user ID, age, address, country of residence, phone number, language, email address, IP address, credit card information or any information You submit. Ultramarine will not collect any personal information about You unless You provide it. Therefore, if You do not want Ultramarine to obtain any personal information about you, do not submit it.
In addition, Ultramarine shall also have the right to collect technical information from You, such as computer configuration, browser type, platform type, internet service provider (ISP) and software usage, which are gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product.
Ultramarine may use any collected information to improve its products, administer the Game, analyze trends, or to provide services or technologies to End User. In addition, Ultramarine may use End User’s software usage information for the purpose of research, development, administration, support and marketing of Ultramarine products and services.
8. ADDITIONAL SERVICES.
“Additional Services” means services and in-game features acquired or purchased by End User that can only be used in the Game and under the conditions specified in this EULA, such as, but not limited to, in-game currency or virtual goods. Additional Services are not a necessary condition for participation in the Game and are provided by End User’s request only. As a condition to the use of Additional Services, End User acknowledges and agrees that:
No one under the age of 18 is permitted to purchase Additional Services. If it comes to Paradox’s attention that an End User under the age of 18 has purchased Additional Services, Ultramarine has the right, but not the obligation, to immediately delete that End User’s Account and the entire Account shall be deemed forfeited.
The list and cost of Additional Services, and the methods and conditions of purchasing Additional Services are published by Ultramarine in the Game. All payments for Additional Services are handled and administered through third party payment systems (collectively “Payment Systems”), not Ultramarine. Under no circumstances shall Paradox be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any Payment Systems. For policies and procedures governing the Payment Systems used to purchase such Additional Services, End User shall contact the operators of such Payment Systems. Ultramarine does not make any representations or warranties to End User regarding the rules and procedures of such Payment Systems, and shall have no responsibility or liability therefor. Furthermore, Ultramarine shall not make any monetary compensation to End User who purchases Additional Services using the Payment Systems; for example, if End User’s payments via the Payment Systems were to fail and as a result the payment was not received byUltramarine, Ultramarine will not issue any refund or other monetary compensation to End User. Notwithstanding the foregoing, End User is obliged to keep documents proving End User’s payment for Additional Services for the entire period during which End User uses the Game, and, if such documents are requested by Ultramarine, End User shall provide them.
If Ultramarine has reason to believe or suspects that You are performing illegal or fraudulent activities related to payments for Additional Services in the Game, Ultramarine has the right to provide relevant information to law enforcement bodies to investigate these suspicions.
If Ultramarine has reason to believe or suspects that You are exploiting any defects in the Game or are using any software to impermissibly increase your amount of Additional Services, including in-game currency, or gain any advantage in the Game, or if Ultramarine has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Ultramarine has the right to immediately delete your Account and the entire Account shall be deemed forfeited.
If You are prohibited from receiving on-line game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, You shall not be allowed to use the Game or Additional Services in the Game. In any case, You shall be solely responsible for the use of the Game in your country in accordance with local laws.
Any money You pay for Additional Services is not subject to return by Ultramarine and Ultramarine shall not be liable for the loss of your Additional Services, unless such loss is due directly and exclusively to the fault of Ultramarine (such as, by way of example only, by a bug in the Game), in which case Paradox may, at its sole discretion, compensate You with an amount of Additional Services added to your Account equivalent to the lost amount, but never with cash or “real” money.
End User agrees, understands and accepts that Ultramarine may be obliged to keep records of End Users transactions in-game and on Ultramarine Website for tax purposes, for up to five (5) years. In addition, End User agrees, understands and accepts that he/she may be subject to the payment of tax for the purchase or transfer of Additional Services in his/her country of residence.
End User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of Additional Services is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any Additional Services is at End User’s sole discretion.
9. TERM.
This License is effective until terminated. You may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Ultramarine may terminate this EULA at any time for any reason. The term of this EULA runs concurrently with the period during which You use and retain the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
Your rights under this EULA shall terminate automatically without notice from Ultramarine if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Ultramarine to effect such termination.
Upon termination of this EULA for any reason, You shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your Unit.
10. INTELLECTUAL PROPERTY RIGHTS.
As between You and Ultramarine, Ultramarine shall retain all right, title, and interest in the Software Product and in any modifications or improvements made thereto, and in any Upgrades, updates or Documentation provided to You.
You acknowledge Ultramarine exclusive rights in the Software Product and that the Software Product is unique and original to Ultramarine and that Ultramarine is owner and/or legal distributor thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Ultramarine exclusive right and title to the Software Product or the validity thereof.
You shall not attempt to develop any software product that contains the “look and feel” of any part of the Software Product.
11. EXPORT LAW ASSURANCES.
Please note that if You are a United States resident, You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
12. DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that use of the Software Product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with You. To the maximum extent permitted by applicable law, the Software Product is provided “as is”, with all faults and without warranty of any kind, and Ultramarine and Ultramarine affiliates (collectively referred to as “Ultramarine” for the purposes of Sections 12 and 13) hereby disclaim all warranties and conditions with respect to the Software Product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Ultramarine does not warrant against interference with your enjoyment of the Software Product, that the functions contained in the Software Product shall meet your requirements, that the operation of the Software Product shall be uninterrupted or error-free, or that defects in the Software Product shall be corrected. No oral or written information or advice given by Ultramarine or a Ultramarine authorized representative shall create a warranty. Should the Software Product prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
13. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall Ultramarine, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption , loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or defect in or caused by the Software Product, including but not limited to compromising the security of your Unit, operating system or files, or the provision of or failure to provide Support Services, even if Ultramarine has been advised of the possibility of such damages.
Ultramarine does not accept liability for: (i) any possible criminal actions committed by End User; (ii) statements of End User, made or published in the Game or on the Forums relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters managed by End User, any actions of in-game characters in the Game, and/or any disrespect for other end users and their in-game characters; (iii) End User’s inability to access means his/her Account (e.g., as the result of End User’s loss of login, password and other information required for participation in the Game); or (iv) the loss of End User’s Additional Services, including in-game currencies, unless stated otherwise herein.
In any case,Ultramarine entire liability under any provision of this EULA shall be solely limited to the amount actually paid by You for the Software Product or replacement of the Software Product with product of comparable retail value, as Ultramarine may elect in its sole discretion. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You in part or whole.
14. DEFECTS AND SECURITY WARNING.
Without limiting the foregoing, Ultramarine does not ensure continuous, error-free, secure or virus-free operation of the Software Product.
WARNING: By installing and/or using the Software Product, You may be installing into your Unit software that is alleged or may be alleged to compromise the security of your Unit, its operating system and files. If at any time You wish to uninstall the Software Product because You believe the security of your Unit, operating system or files may be or has been compromised, You may need to execute a separate routine to uninstall the feature that may compromise your security. Damages You may recover for any such alleged security breaches are subject to the limitation of liability as set forth herein.
15. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Ultramarine and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from: (A) your breach of any term of this EULA; (B) your violation of any rights of any third party; or (C) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination or expiration of this EULA.
16. GOVERNING LAW.
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), You agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations shall commence upon receipt of a written notice by Ultramarine. You shall send such notice by registered mail to: Ultramarine, Voronezh Stankevicha street 36.
Governing Law and Dispute Resolution: This EULA shall be governed by and construed in accordance with the laws of Sweden. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim You may have arising from or related to the Software Product or this EULA You agree to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. Ultramarine reserves the right to make any claim against You and seek and be granted any legal or equitable remedy against You in any court anywhere in the world.
17. WAIVER & SEVERABILITY.
A failure on the part of Ultramarine to act with respect to a breach by You or others of this EULA does not waive Ultramarine right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ULTRAMARINE.