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CRYSTALFALL
END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (“EULA”) SHALL GOVERN YOUR USE OF THE CRYSTALFALL SOFTWARE AND ITS ASSOCIATED SERVICES, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE.
IMPORTANT, READ CAREFULLY: THIS AGREEMENT IS A LEGAL DOCUMENT THAT EXPLAINS YOUR RIGHTS AND OBLIGATIONS RELATED TO YOUR USE OF CRYPTO ROUGE GAMES (“CRG”) AB’S SOFTWARE, INCLUDING ANY ASSOCIATED SERVICES (“ASSOCIATED SERVICES”) YOU ACCESS OR PURCHASES YOU MAKE THROUGH THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU MUST BE AN ADULT OF THE LEGAL AGE IN YOUR COUNTRY OF RESIDENCE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA OR ARE UNDER THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
You are legally and financially responsible for all actions using or accessing CRG’S Software, including the actions of anyone you allow to access to your account. You affirm that you have reached the legal age of majority, understand and accept this agreement (including its dispute resolution terms). If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
Please note that certain people are susceptible to various symptoms and conditions when playing certain games (in particular virtual games) repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
TERMS, POLICIES AND PROCEDURES
By entering into this Agreement you are agreeing to the CRG’s terms and policies listed below, which are expressly incorporated into this Agreement by this reference.
Privacy Policy (insert link). The Privacy Policy explains what information we collect from you and how we protect it.
Terms of Use (insert link). The Terms of Use explains the rules that apply when you use our websites.
You grant CRG a license to use whatever content you create using CRG’s service. You can find more information in the user generated content section below.
This Agreement contains a binding, individual arbitration and class-action waiver provision. If you accept this Agreement, you agree to resolve disputes in binding, individual arbitration and give up the right to go to court individually or as part of a class action. CRG agrees to pay your arbitration costs for all disputes of up to $1000 that are made in good faith.
LICENSE GRANT
Scope of License
Subject to the terms and conditions of this EULA, CRG grants You, during the License Term, a non-exclusive, non-transferable, non-sublicensable limited right and revocable License to use the Software, in executable code form ,and its Associated Services, only for your personal, non-commercial use (the “License”), on hardware that you own or exclusively control. Any updates, supplements or replacements to the original Software are governed by this Agreement unless separate license terms accompany such update. The License granted under this Agreement is subject to the terms of this Agreement, and you may only make use of the License if you comply with the applicable terms.
The License to the Software becomes effective on the date you accept this Agreement. The License is licensed, not sold, to you under the License.
License Conditions
There are certain conditions that apply to the License. Hence, you may not do or attempt to do any of the following with respect to the Software or any of its parts: (
a) use it commercially or for a promotional purpose except as CRG expressly authorizes;
(b) copy, reproduce, distribute (including via a network server), display, or use it in a way that is not expressly authorized in this agreement;
(c) sell, rent, lease, license, distribute, or otherwise transfer it;
(d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it;
(e) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
(f) create, develop, distribute, or use any unauthorized Software programs to gain advantage in any online or other game modes;
(g) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
(h) use, export, or re-export it in violation of any applicable law or regulation; or
(i) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by CRG in CRG’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by CRG and which interfere with the outcome and/or the course of the Software (including, but not limited to, scripts, bots or mods not expressly authorized by CRG) by giving you and/or another user an advantage over other players who do not use such methods, or making or otherwise contributing to such unauthorized Software.
UPDATES AND PATCHES
CRG may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or the Associated Services, i.e. the services that are made available to you through the Software, including services to acquire, maintain and use Game Currency and Content. CRG may update the Software remotely without notifying you, and you hereby consent to CRG applying patches, updates, and upgrades.
CRG may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Associated Services at any time. You acknowledge that your use of the Software or Associated Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Associated Services, including but not limited to (where applicable) any in-game rewards, trophies, achievements, character levels, game currency, or content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Associated Services may cease to be available to you at any time without notice from CRG, including without limitation after a patch, update, or upgrade is applied by CRG. CRG does not have any maintenance or support obligations with respect to the Software or the Associated Services.
RESTRICTIONS; OWNERSHIP
Restrictions
You acknowledge that the Software and the structure, organization and source code of the Software constitute valuable trade secrets of CRG. Accordingly, except as expressly permitted in Section 2 or as otherwise authorized by CRG in writing, you will not and will not permit any third party to: (a) sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part the Software or Associated Services to any third party; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (c) copy the Software, (d) create, develop, license, install, use, or deploy any Software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software as described in this EULA; (e) translate, modify or create derivative works based upon the Software; (f) remove any product identification, proprietary, copyright or other notices contained in the Software; or (g) operate the Software on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party.
Ownership
The Software and Associated Services, all copies and portions thereof, and all improvements, enhancements, modifications and derivative works thereof, and all intellectual property rights therein, are and shall remain the sole and exclusive property of CRG and its licensors. Your rights to use the Software and Associated Services shall be limited to those expressly granted in this EULA. No other rights with respect to the Software or any related intellectual property rights are implied. You are not authorized to use the Software, Associated Services or any portion thereof except as expressly authorized by this EULA.
GAME CURRENCY AND CONTENT
CRG may offer you the ability to acquire licenses to in-game currency (“Game Currency”) or content, such as by: (a) purchasing a limited license to use game currency for a fee (“Purchased Game Currency”), (b) earning a limited license to use game currency by performing or accomplishing specific tasks in the Software, or (c) purchasing for a fee, exchanging game currency for, or earning a limited license to use content. Also, CRG may facilitate the exchange of certain content through the Software, in some cases for a fee. You may only use such game currency or content if you pay the Associated fee (if any). When you earn or pay the fee to obtain such game currency or content, you are obtaining or purchasing from CRG the right to have your license include such game currency or content. Regardless of any references CRG may make outside this agreement to purchasing or selling game currency or content, both game currency and content are licensed, not sold, to you under the License. Use of an CRG account balance to purchase game currency or content is subject to CRG’s terms of service.
Neither Game Currency nor content are redeemable for money or monetary value from CRG or any other person, except as otherwise required by applicable law. Game Currency and content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither CRG nor any other person or entity has any obligation to exchange Game Currency or content for anything of value, including, but not limited to, real currency. You agree that CRG may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and content at any time, except as prohibited by applicable law.
All purchases of purchased Game Currency and content are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. CRG, in its sole discretion, may impose limits on the amount of Game Currency or content that may be purchased, earned, accumulated, redeemed or otherwise used.
Except as otherwise prohibited by applicable law, CRG, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate game currency or content, including your ability to access or use game currency or content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or content except within the Software and as expressly permitted by CRG.
Except as otherwise prohibited by applicable law, CRG reserves and retains all rights, title, and interest, property or otherwise, in and to the Game Currency and content. The license to Game Currency and content under the License will terminate upon termination of the License and as otherwise provided herein.
When you provide payment information to CRG or its authorized processor, you represent that you are an authorized user of the payment card, pin, key, account or other payment method specified by you, and you authorize CRG to charge such payment method for the full amount of the transaction.
USER GENERATED CONTENT
CRG may provide features through the Software or the Associated Services that allow you to create, develop, modify, or contribute content (“Contributions”) and to upload, publish, or otherwise make available Contributions to some or all users of the services. These features may also allow you to interact with, manipulate, and change Contributions in whole or in part. CRG may modify, limit, or discontinue certain features of the service without notice or liability to you.
Contributions includes without limitation buildings, chat posts, character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, and screenshots, music, sounds, sound recordings (and the musical works embodied therein) audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
Subject to the rights and licenses you grant in this Agreement, you retain whatever rights that you may have in your Contributions. Your rights in Contributions only extend to the new, original content you create as part of your Contributions and does not extend to or grant any rights to the services, Software, content created or made available by third-parties, or content made available by CRG through the Software or Associated Services.
LICENSE TO CRG
If you make or have made available any Contributions in the Services, you give CRG permission to host, copy, import, store, modify, adapt, display, publicly perform (including by means of digital audio transmissions), reproduce (and make mechanical reproductions of musical works embodied in sound recordings), create derivative works of (including synchronize to visual images), publicly display, transfer, sublicense, and distribute (collectively “use”) that Contributions, in whole or in part, including for commercial publicity and marketing purposes, in any country. This permission is perpetual and irrevocable and applies to any media, platform, or channel in connection with the Software and services.
The rights you grant to CRG in this section are provided on a through-to-the-audience basis, which means the owners or operators of third-party services will not have any separate liability to you or any other third-party for Contributions provided to or used on such third-party services via the service. CRG needs these permissions in order to make your Contributions available to players as part of the services (i.e., in-game), and to make it available to streamers and content creators off of the services (e.g., for use on other platforms). These rights need to be irrevocable because of the many channels in which Contributions is distributed by us and others after it’s created.
You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration in connection with your Contributions for any reason, including CRG’s exercise of the rights you grant to CRG in this Section and that CRG is not obligated to exercise the rights you grant.
FEEDBACK
If you provide CRG with any Feedback, you hereby grant CRG a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information, including Software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your employees, agents, contractors, or representatives) to CRG or its agents that relates to the Services or Software. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any such rights. You understand and agree that CRG is not required to make any use of any Feedback that you provide. You agree that if CRG makes use of your Feedback, CRG is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to CRG to grant CRG and other affected parties the rights described above. This includes but is not limited to intellectual-property rights and other proprietary or personal rights.
WARRANTIES
CRG and its licensors disclaim, all warranties, whether express, implied, or statutory, including any implied warranties of merchantability and fitness for a particular purpose, title, non- infringement and any warranties arising from course of dealing or course of performance) regarding or relating to the Software, Associated Services, the documentation, or any materials furnished or provided to you under this EULA. CRG and its licensors do not warrant continuous, error-free, secure, or virus-free operation of any online, multi-player, or down loadable portions of the Software or continued operation or availability of any given server, nor that the Software or its Associated Services will meet (or is designed to meet) Your expectations or that any defects in the Software or Associated Services can or will be corrected.
DISCLAIMERS AND LIMITATION OF LIABILITY
Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Associated Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Software (including any Game Currency and Content) and Associated Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. CRG, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Associated Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non- infringement, merchantability, fitness or suitability for any purpose (whether or not CRG knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. CRG, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Associated Services. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither CRG, nor its licensors, nor its or their affiliates, nor any of CRG’s service providers (collectively, the “CRG Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an CRG Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an CRG Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the CRG Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed One Hundred Dollars ($100) or the total amounts you have paid (if any) to CRG for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
CRG’s licensors shall have no liability of any kind under this EULA and CRG’s liability with respect to any third-party software embedded in the software shall be subject to this Section 10.
INDEMNITY
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold CRG, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software (including any Game Currency or Content) or Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from CRG’s use of your Contributions or Feedback as provided under Sections 6 or 8 of this Agreement. You agree to reimburse CRG on demand for any defense costs incurred by CRG and any payments made or loss suffered by CRG, whether in a court judgment or settlement, based on any matter covered by this Section 11.
RIGHT OF WITHDRAWAL
If you reside in a member state of the European Union, you have certain withdrawal rights for purchases of Game Currency or virtual items made with real currency. However, you expressly waive your withdrawal right once the performance of the service begins when your account is provided access to the Game Currency or virtual items. You agree that: (i) download of the Game Currency or virtual items begins immediately after purchase; and (ii) you lose your right of withdrawal once the purchase is complete.
INTERNET
You acknowledge and agree that CRG is not responsible or liable for any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the software in an accurate or timely manner. Further, CRG cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Software whenever you want, and there may be extended periods of time when you cannot access such portions of the Software.
TERMINATION
Without limiting any other rights of CRG, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software from all devices on which you’ve installed it. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession. Except to the extent required by law, all payments and fees are non- refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
TERMINATION FOR BREACH
CRG may terminate this EULA in its entirety effective immediately upon written notice to you if: (i) you breach any provision in Section 2 and do not cure the breach within ten (10) days after receiving written notice thereof from CRG; (ii) you fail to pay any portion of the fees under an applicable order acknowledgement within ten (10) days after receiving written notice from CRG that payment is past due; (iii) you breach any other provision of this EULA and don’t not cure the breach within thirty (30) days after receiving written notice thereof from CRG; or (iv) you commit a material breach that is not capable of being cured.
If CRG terminates this EULA under this Section 15: (i) all licensed rights to all Software granted to you under this EULA will immediately cease to exist; and (ii) you must promptly discontinue all use of all Software, and (destroy all copies of the Software and all license key(s)) and certify in writing to CRG that you have fully complied with these requirements. Sections 4, 7, 8, 9, 10 and 11 will any survive termination of this EULA.
ASSIGNMENT
This EULA and any orders, and any of your rights or obligations thereunder, may not be assigned, subcontracted or transferred by you, in whole or in part, whether voluntary, by operation of contract, law or otherwise, without the prior written consent of CRG. Any attempted assignment or transfer in violation of the foregoing will be null and void. Subject to the foregoing, this EULA will be binding upon and will inure to the benefit of the parties and their respective successors.
NOTICES
Notices must be in English or Swedish, in writing, and will be deemed given when delivered by hand or five (5) days after being sent using a method that provides for positive confirmation of delivery to the respective addresses; provided that any notice from customer to CRG includes a copy sent to: CRG, Östra Rådhusgatan 6, 90326, Umeå, Sweden, and an e-mail copy to info@crg.com.
MISCELLANEOUS
If any provision of this Agreement is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the parties agree that such invalidity will not affect the validity of the remaining provisions of the agreement.
This Agreement shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
Any dispute, controversy or claim arising out of or in connection with this Agreement or breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless SCC in its discretion determines, taking into consideration the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitration Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.
CONTACT INFORMATION
Please direct legal notices or other correspondence to
CRG AB
Östra Rådhusgatan 6
90326, Umeå
Sweden
………….
……….
If You have any questions concerning this EULA, please send an email to info@crg.com
END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (“EULA”) SHALL GOVERN YOUR USE OF THE CRYSTALFALL SOFTWARE AND ITS ASSOCIATED SERVICES, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE.
IMPORTANT, READ CAREFULLY: THIS AGREEMENT IS A LEGAL DOCUMENT THAT EXPLAINS YOUR RIGHTS AND OBLIGATIONS RELATED TO YOUR USE OF CRYPTO ROUGE GAMES (“CRG”) AB’S SOFTWARE, INCLUDING ANY ASSOCIATED SERVICES (“ASSOCIATED SERVICES”) YOU ACCESS OR PURCHASES YOU MAKE THROUGH THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU MUST BE AN ADULT OF THE LEGAL AGE IN YOUR COUNTRY OF RESIDENCE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA OR ARE UNDER THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
You are legally and financially responsible for all actions using or accessing CRG’S Software, including the actions of anyone you allow to access to your account. You affirm that you have reached the legal age of majority, understand and accept this agreement (including its dispute resolution terms). If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
Please note that certain people are susceptible to various symptoms and conditions when playing certain games (in particular virtual games) repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
TERMS, POLICIES AND PROCEDURES
By entering into this Agreement you are agreeing to the CRG’s terms and policies listed below, which are expressly incorporated into this Agreement by this reference.
Privacy Policy (insert link). The Privacy Policy explains what information we collect from you and how we protect it.
Terms of Use (insert link). The Terms of Use explains the rules that apply when you use our websites.
You grant CRG a license to use whatever content you create using CRG’s service. You can find more information in the user generated content section below.
This Agreement contains a binding, individual arbitration and class-action waiver provision. If you accept this Agreement, you agree to resolve disputes in binding, individual arbitration and give up the right to go to court individually or as part of a class action. CRG agrees to pay your arbitration costs for all disputes of up to $1000 that are made in good faith.
LICENSE GRANT
Scope of License
Subject to the terms and conditions of this EULA, CRG grants You, during the License Term, a non-exclusive, non-transferable, non-sublicensable limited right and revocable License to use the Software, in executable code form ,and its Associated Services, only for your personal, non-commercial use (the “License”), on hardware that you own or exclusively control. Any updates, supplements or replacements to the original Software are governed by this Agreement unless separate license terms accompany such update. The License granted under this Agreement is subject to the terms of this Agreement, and you may only make use of the License if you comply with the applicable terms.
The License to the Software becomes effective on the date you accept this Agreement. The License is licensed, not sold, to you under the License.
License Conditions
There are certain conditions that apply to the License. Hence, you may not do or attempt to do any of the following with respect to the Software or any of its parts: (
a) use it commercially or for a promotional purpose except as CRG expressly authorizes;
(b) copy, reproduce, distribute (including via a network server), display, or use it in a way that is not expressly authorized in this agreement;
(c) sell, rent, lease, license, distribute, or otherwise transfer it;
(d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it;
(e) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
(f) create, develop, distribute, or use any unauthorized Software programs to gain advantage in any online or other game modes;
(g) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
(h) use, export, or re-export it in violation of any applicable law or regulation; or
(i) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by CRG in CRG’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by CRG and which interfere with the outcome and/or the course of the Software (including, but not limited to, scripts, bots or mods not expressly authorized by CRG) by giving you and/or another user an advantage over other players who do not use such methods, or making or otherwise contributing to such unauthorized Software.
UPDATES AND PATCHES
CRG may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or the Associated Services, i.e. the services that are made available to you through the Software, including services to acquire, maintain and use Game Currency and Content. CRG may update the Software remotely without notifying you, and you hereby consent to CRG applying patches, updates, and upgrades.
CRG may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Associated Services at any time. You acknowledge that your use of the Software or Associated Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Associated Services, including but not limited to (where applicable) any in-game rewards, trophies, achievements, character levels, game currency, or content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Associated Services may cease to be available to you at any time without notice from CRG, including without limitation after a patch, update, or upgrade is applied by CRG. CRG does not have any maintenance or support obligations with respect to the Software or the Associated Services.
RESTRICTIONS; OWNERSHIP
Restrictions
You acknowledge that the Software and the structure, organization and source code of the Software constitute valuable trade secrets of CRG. Accordingly, except as expressly permitted in Section 2 or as otherwise authorized by CRG in writing, you will not and will not permit any third party to: (a) sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part the Software or Associated Services to any third party; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (c) copy the Software, (d) create, develop, license, install, use, or deploy any Software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software as described in this EULA; (e) translate, modify or create derivative works based upon the Software; (f) remove any product identification, proprietary, copyright or other notices contained in the Software; or (g) operate the Software on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party.
Ownership
The Software and Associated Services, all copies and portions thereof, and all improvements, enhancements, modifications and derivative works thereof, and all intellectual property rights therein, are and shall remain the sole and exclusive property of CRG and its licensors. Your rights to use the Software and Associated Services shall be limited to those expressly granted in this EULA. No other rights with respect to the Software or any related intellectual property rights are implied. You are not authorized to use the Software, Associated Services or any portion thereof except as expressly authorized by this EULA.
GAME CURRENCY AND CONTENT
CRG may offer you the ability to acquire licenses to in-game currency (“Game Currency”) or content, such as by: (a) purchasing a limited license to use game currency for a fee (“Purchased Game Currency”), (b) earning a limited license to use game currency by performing or accomplishing specific tasks in the Software, or (c) purchasing for a fee, exchanging game currency for, or earning a limited license to use content. Also, CRG may facilitate the exchange of certain content through the Software, in some cases for a fee. You may only use such game currency or content if you pay the Associated fee (if any). When you earn or pay the fee to obtain such game currency or content, you are obtaining or purchasing from CRG the right to have your license include such game currency or content. Regardless of any references CRG may make outside this agreement to purchasing or selling game currency or content, both game currency and content are licensed, not sold, to you under the License. Use of an CRG account balance to purchase game currency or content is subject to CRG’s terms of service.
Neither Game Currency nor content are redeemable for money or monetary value from CRG or any other person, except as otherwise required by applicable law. Game Currency and content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither CRG nor any other person or entity has any obligation to exchange Game Currency or content for anything of value, including, but not limited to, real currency. You agree that CRG may engage in actions that may impact the perceived value or purchase price, if applicable, of Game Currency and content at any time, except as prohibited by applicable law.
All purchases of purchased Game Currency and content are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. CRG, in its sole discretion, may impose limits on the amount of Game Currency or content that may be purchased, earned, accumulated, redeemed or otherwise used.
Except as otherwise prohibited by applicable law, CRG, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate game currency or content, including your ability to access or use game currency or content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or content except within the Software and as expressly permitted by CRG.
Except as otherwise prohibited by applicable law, CRG reserves and retains all rights, title, and interest, property or otherwise, in and to the Game Currency and content. The license to Game Currency and content under the License will terminate upon termination of the License and as otherwise provided herein.
When you provide payment information to CRG or its authorized processor, you represent that you are an authorized user of the payment card, pin, key, account or other payment method specified by you, and you authorize CRG to charge such payment method for the full amount of the transaction.
USER GENERATED CONTENT
CRG may provide features through the Software or the Associated Services that allow you to create, develop, modify, or contribute content (“Contributions”) and to upload, publish, or otherwise make available Contributions to some or all users of the services. These features may also allow you to interact with, manipulate, and change Contributions in whole or in part. CRG may modify, limit, or discontinue certain features of the service without notice or liability to you.
Contributions includes without limitation buildings, chat posts, character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, and screenshots, music, sounds, sound recordings (and the musical works embodied therein) audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
Subject to the rights and licenses you grant in this Agreement, you retain whatever rights that you may have in your Contributions. Your rights in Contributions only extend to the new, original content you create as part of your Contributions and does not extend to or grant any rights to the services, Software, content created or made available by third-parties, or content made available by CRG through the Software or Associated Services.
LICENSE TO CRG
If you make or have made available any Contributions in the Services, you give CRG permission to host, copy, import, store, modify, adapt, display, publicly perform (including by means of digital audio transmissions), reproduce (and make mechanical reproductions of musical works embodied in sound recordings), create derivative works of (including synchronize to visual images), publicly display, transfer, sublicense, and distribute (collectively “use”) that Contributions, in whole or in part, including for commercial publicity and marketing purposes, in any country. This permission is perpetual and irrevocable and applies to any media, platform, or channel in connection with the Software and services.
The rights you grant to CRG in this section are provided on a through-to-the-audience basis, which means the owners or operators of third-party services will not have any separate liability to you or any other third-party for Contributions provided to or used on such third-party services via the service. CRG needs these permissions in order to make your Contributions available to players as part of the services (i.e., in-game), and to make it available to streamers and content creators off of the services (e.g., for use on other platforms). These rights need to be irrevocable because of the many channels in which Contributions is distributed by us and others after it’s created.
You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration in connection with your Contributions for any reason, including CRG’s exercise of the rights you grant to CRG in this Section and that CRG is not obligated to exercise the rights you grant.
FEEDBACK
If you provide CRG with any Feedback, you hereby grant CRG a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information, including Software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your employees, agents, contractors, or representatives) to CRG or its agents that relates to the Services or Software. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any such rights. You understand and agree that CRG is not required to make any use of any Feedback that you provide. You agree that if CRG makes use of your Feedback, CRG is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to CRG to grant CRG and other affected parties the rights described above. This includes but is not limited to intellectual-property rights and other proprietary or personal rights.
WARRANTIES
CRG and its licensors disclaim, all warranties, whether express, implied, or statutory, including any implied warranties of merchantability and fitness for a particular purpose, title, non- infringement and any warranties arising from course of dealing or course of performance) regarding or relating to the Software, Associated Services, the documentation, or any materials furnished or provided to you under this EULA. CRG and its licensors do not warrant continuous, error-free, secure, or virus-free operation of any online, multi-player, or down loadable portions of the Software or continued operation or availability of any given server, nor that the Software or its Associated Services will meet (or is designed to meet) Your expectations or that any defects in the Software or Associated Services can or will be corrected.
DISCLAIMERS AND LIMITATION OF LIABILITY
Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Associated Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Software (including any Game Currency and Content) and Associated Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. CRG, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Associated Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non- infringement, merchantability, fitness or suitability for any purpose (whether or not CRG knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. CRG, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Associated Services. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither CRG, nor its licensors, nor its or their affiliates, nor any of CRG’s service providers (collectively, the “CRG Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an CRG Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an CRG Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the CRG Parties arising out of or in connection with this Agreement or the Software (including any Game Currency or Content) or Services will not exceed One Hundred Dollars ($100) or the total amounts you have paid (if any) to CRG for the Software (including any Game Currency or Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
CRG’s licensors shall have no liability of any kind under this EULA and CRG’s liability with respect to any third-party software embedded in the software shall be subject to this Section 10.
INDEMNITY
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold CRG, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software (including any Game Currency or Content) or Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from CRG’s use of your Contributions or Feedback as provided under Sections 6 or 8 of this Agreement. You agree to reimburse CRG on demand for any defense costs incurred by CRG and any payments made or loss suffered by CRG, whether in a court judgment or settlement, based on any matter covered by this Section 11.
RIGHT OF WITHDRAWAL
If you reside in a member state of the European Union, you have certain withdrawal rights for purchases of Game Currency or virtual items made with real currency. However, you expressly waive your withdrawal right once the performance of the service begins when your account is provided access to the Game Currency or virtual items. You agree that: (i) download of the Game Currency or virtual items begins immediately after purchase; and (ii) you lose your right of withdrawal once the purchase is complete.
INTERNET
You acknowledge and agree that CRG is not responsible or liable for any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the software in an accurate or timely manner. Further, CRG cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Software whenever you want, and there may be extended periods of time when you cannot access such portions of the Software.
TERMINATION
Without limiting any other rights of CRG, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software from all devices on which you’ve installed it. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession. Except to the extent required by law, all payments and fees are non- refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
TERMINATION FOR BREACH
CRG may terminate this EULA in its entirety effective immediately upon written notice to you if: (i) you breach any provision in Section 2 and do not cure the breach within ten (10) days after receiving written notice thereof from CRG; (ii) you fail to pay any portion of the fees under an applicable order acknowledgement within ten (10) days after receiving written notice from CRG that payment is past due; (iii) you breach any other provision of this EULA and don’t not cure the breach within thirty (30) days after receiving written notice thereof from CRG; or (iv) you commit a material breach that is not capable of being cured.
If CRG terminates this EULA under this Section 15: (i) all licensed rights to all Software granted to you under this EULA will immediately cease to exist; and (ii) you must promptly discontinue all use of all Software, and (destroy all copies of the Software and all license key(s)) and certify in writing to CRG that you have fully complied with these requirements. Sections 4, 7, 8, 9, 10 and 11 will any survive termination of this EULA.
ASSIGNMENT
This EULA and any orders, and any of your rights or obligations thereunder, may not be assigned, subcontracted or transferred by you, in whole or in part, whether voluntary, by operation of contract, law or otherwise, without the prior written consent of CRG. Any attempted assignment or transfer in violation of the foregoing will be null and void. Subject to the foregoing, this EULA will be binding upon and will inure to the benefit of the parties and their respective successors.
NOTICES
Notices must be in English or Swedish, in writing, and will be deemed given when delivered by hand or five (5) days after being sent using a method that provides for positive confirmation of delivery to the respective addresses; provided that any notice from customer to CRG includes a copy sent to: CRG, Östra Rådhusgatan 6, 90326, Umeå, Sweden, and an e-mail copy to info@crg.com.
MISCELLANEOUS
If any provision of this Agreement is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the parties agree that such invalidity will not affect the validity of the remaining provisions of the agreement.
This Agreement shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
Any dispute, controversy or claim arising out of or in connection with this Agreement or breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless SCC in its discretion determines, taking into consideration the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitration Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.
CONTACT INFORMATION
Please direct legal notices or other correspondence to
CRG AB
Östra Rådhusgatan 6
90326, Umeå
Sweden
………….
……….
If You have any questions concerning this EULA, please send an email to info@crg.com