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End-User License Agreement for Cards of Ethernity
This End-User License Agreement ("EULA") is a legal agreement between you ("you" or "User") and Aether Games LTD ("Aether Games", "we", "us" or "our"), governing your use of the Cards of Ethernity online blockchain trading card game ("Cards of Ethernity" or "the Game"). By accessing or using the Game, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not permitted to use or access the Game.
1. License Grant Subject to your compliance with the terms and conditions of this EULA, Aether Games hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Game for your personal, non-commercial purposes. This license is for the sole purpose of enabling you to enjoy the Game in accordance with this EULA and does not grant you any rights in or to our intellectual property.
2. License Restrictions You agree not to:
a. Copy, modify, adapt, or create derivative works from the Game, except as expressly permitted by applicable law; b. Sell, rent, lease, sublicense, or otherwise transfer your rights in the Game to any third party; c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Game, except as expressly permitted by applicable law; d. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on or in the Game; e. Use the Game in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use and enjoyment of the Game; f. Use any unauthorized third-party software or tools, including but not limited to bots, cheats, or hacks, in connection with the Game.
3. Intellectual Property Rights Aether Games and its licensors own all rights, title, and interest in and to the Game, including but not limited to all copyrights, trademarks, patents, and trade secrets. Except for the limited license granted to you under this EULA, Aether Games reserves all rights in and to the Game.
4. User-Generated Content You may be able to create, upload, or otherwise provide content within the Game, including but not limited to trading card designs, customizations, and in-game creations ("User Content"). You retain any rights you may have in your User Content, subject to the license granted to Aether Games below. By creating, uploading, or providing User Content, you grant Aether Games a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Game and Aether Games's business, including without limitation for promoting and redistributing part or all of the Game in any media formats and through any media channels. You represent and warrant that you have all necessary rights to grant the licenses set forth in this section.
5. Termination This EULA is effective until terminated by either party. You may terminate this EULA at any time by ceasing all use of the Game and deleting all copies of the Game in your possession or control. Aether Games may terminate this EULA at any time, for any reason or no reason, with or without notice to you. Upon termination of this EULA, your license to use the Game will automatically terminate, and you must immediately cease all use of the Game and destroy all copies in your possession or control.
6. Disclaimer of Warranties The Game is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Aether Games does not warrant that the Game will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
7. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Aether Games, its affiliates, directors, employees, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Game, even if Aether Games has been advised of the possibility of such damages.
8. Indemnification You agree to indemnify, defend, and hold harmless Aether Games, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your access to or use of the Game, your breach of this EULA, or your violation of any applicable laws or regulations.
9. Governing Law and Jurisdiction This EULA shall be governed by and construed in accordance with the laws of The Bahamas, without regard to its conflict of law provisions. Any disputes arising out of or relating to this EULA or your use of the Game shall be resolved through good faith negotiations, and if necessary, by binding arbitration conducted in The Bahamas in accordance with the rules of the Bahamas Chamber of Commerce.
10. Changes to This EULA Aether Games reserves the right, in its sole discretion, to modify or update this EULA at any time. We will notify you of any material changes by posting the updated EULA on the Game's website or through other appropriate means. Your continued use of the Game after any such changes constitutes your acceptance of the new EULA. If you do not agree to any modified EULA, you must stop using the Game.
11. Severability If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remainder of this EULA, and the remaining provisions shall remain in full force and effect.
12. Entire Agreement This EULA constitutes the entire agreement between you and Aether Games with respect to your use of the Game and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Game.
13. Assignment You may not assign or transfer this EULA or any rights or obligations under this EULA without the prior written consent of Aether Games. Aether Games may assign or transfer this EULA, in whole or in part, without restriction and without notice to you.
14. Force Majeure Aether Games shall not be liable for any failure or delay in performance under this EULA due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15. Third-Party Services The Game may include links to third-party websites or services, or access to third-party content, products, or services. Aether Games is not responsible for and does not endorse any such third-party websites, services, content, products, or services. You acknowledge and agree that Aether Games shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party websites, services, content, products, or services.
16. Export Compliance: You agree that the Game may be subject to export restrictions and other applicable export control laws and regulations. You represent and warrant that you will comply with all applicable export control laws and regulations, including but not limited to the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and any applicable end-user, end-use, and destination restrictions.
17. Waiver No waiver by Aether Games of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aether Games to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
18. Contact Information If you have any questions, comments, or concerns regarding this EULA or the Game, please contact Aether Games at the following email address: support@aethergames.io
By installing, accessing, or using the Game, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, you are not permitted to use or access the Game.
This End-User License Agreement ("EULA") is a legal agreement between you ("you" or "User") and Aether Games LTD ("Aether Games", "we", "us" or "our"), governing your use of the Cards of Ethernity online blockchain trading card game ("Cards of Ethernity" or "the Game"). By accessing or using the Game, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not permitted to use or access the Game.
1. License Grant Subject to your compliance with the terms and conditions of this EULA, Aether Games hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Game for your personal, non-commercial purposes. This license is for the sole purpose of enabling you to enjoy the Game in accordance with this EULA and does not grant you any rights in or to our intellectual property.
2. License Restrictions You agree not to:
a. Copy, modify, adapt, or create derivative works from the Game, except as expressly permitted by applicable law; b. Sell, rent, lease, sublicense, or otherwise transfer your rights in the Game to any third party; c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Game, except as expressly permitted by applicable law; d. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on or in the Game; e. Use the Game in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use and enjoyment of the Game; f. Use any unauthorized third-party software or tools, including but not limited to bots, cheats, or hacks, in connection with the Game.
3. Intellectual Property Rights Aether Games and its licensors own all rights, title, and interest in and to the Game, including but not limited to all copyrights, trademarks, patents, and trade secrets. Except for the limited license granted to you under this EULA, Aether Games reserves all rights in and to the Game.
4. User-Generated Content You may be able to create, upload, or otherwise provide content within the Game, including but not limited to trading card designs, customizations, and in-game creations ("User Content"). You retain any rights you may have in your User Content, subject to the license granted to Aether Games below. By creating, uploading, or providing User Content, you grant Aether Games a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Game and Aether Games's business, including without limitation for promoting and redistributing part or all of the Game in any media formats and through any media channels. You represent and warrant that you have all necessary rights to grant the licenses set forth in this section.
5. Termination This EULA is effective until terminated by either party. You may terminate this EULA at any time by ceasing all use of the Game and deleting all copies of the Game in your possession or control. Aether Games may terminate this EULA at any time, for any reason or no reason, with or without notice to you. Upon termination of this EULA, your license to use the Game will automatically terminate, and you must immediately cease all use of the Game and destroy all copies in your possession or control.
6. Disclaimer of Warranties The Game is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Aether Games does not warrant that the Game will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
7. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Aether Games, its affiliates, directors, employees, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Game, even if Aether Games has been advised of the possibility of such damages.
8. Indemnification You agree to indemnify, defend, and hold harmless Aether Games, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your access to or use of the Game, your breach of this EULA, or your violation of any applicable laws or regulations.
9. Governing Law and Jurisdiction This EULA shall be governed by and construed in accordance with the laws of The Bahamas, without regard to its conflict of law provisions. Any disputes arising out of or relating to this EULA or your use of the Game shall be resolved through good faith negotiations, and if necessary, by binding arbitration conducted in The Bahamas in accordance with the rules of the Bahamas Chamber of Commerce.
10. Changes to This EULA Aether Games reserves the right, in its sole discretion, to modify or update this EULA at any time. We will notify you of any material changes by posting the updated EULA on the Game's website or through other appropriate means. Your continued use of the Game after any such changes constitutes your acceptance of the new EULA. If you do not agree to any modified EULA, you must stop using the Game.
11. Severability If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remainder of this EULA, and the remaining provisions shall remain in full force and effect.
12. Entire Agreement This EULA constitutes the entire agreement between you and Aether Games with respect to your use of the Game and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Game.
13. Assignment You may not assign or transfer this EULA or any rights or obligations under this EULA without the prior written consent of Aether Games. Aether Games may assign or transfer this EULA, in whole or in part, without restriction and without notice to you.
14. Force Majeure Aether Games shall not be liable for any failure or delay in performance under this EULA due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15. Third-Party Services The Game may include links to third-party websites or services, or access to third-party content, products, or services. Aether Games is not responsible for and does not endorse any such third-party websites, services, content, products, or services. You acknowledge and agree that Aether Games shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party websites, services, content, products, or services.
16. Export Compliance: You agree that the Game may be subject to export restrictions and other applicable export control laws and regulations. You represent and warrant that you will comply with all applicable export control laws and regulations, including but not limited to the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and any applicable end-user, end-use, and destination restrictions.
17. Waiver No waiver by Aether Games of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aether Games to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
18. Contact Information If you have any questions, comments, or concerns regarding this EULA or the Game, please contact Aether Games at the following email address: support@aethergames.io
By installing, accessing, or using the Game, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, you are not permitted to use or access the Game.