Thank you for playing PEAK! We’ve added this EULA to better clarify our rights as developers and publishers, and your rights as a player. It’s lengthy, but legally important for us to have. As always, please feel free to contact us at support@landfall.se if you have any questions about this agreement!

IMPORTANT: All paragraphs written in italics are presented as developer comments to better explain our thought process behind certain clauses and why they’re important for us to include. These paragraphs are for context only and should not be considered part of this legal document or binding in any way.


WELCOME TO PEAK, A VIDEO GAME PROVIDED TO YOU BY LANDFALL PUBLISHING AB AND AGGRO CRAB GAMES LLC (THE “PUBLISHERS”). BEFORE ACCESSING AND PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THIS END USER LICENSE AGREEMENT AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN THE PUBLISHERS AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME. IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE, SECTIONS 26 AND 28, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT, PLEASE DO NOT ACCESS AND PLAY THE GAME. THE PUBLISHERS RESERVE THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THIS END USER LICENSE AGREEMENT. THE PUBLISHERS MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.

1. Acceptance

This document (this “End User License Agreement”, “EULA” ) is a legal agreement between you (“You”, “End User” or “User”), Landfall Publishing AB (“Landfall Publishing”) and Aggro Crab Games LLC (“Aggro Crab”). Aggro Crab and Landfall Publishing jointly the “Publishers”. This EULA governs Your use of the Game, whether or not You are a registered End User of the Game or by the Publishers.

PLEASE NOTE THAT BY ACCESSING AND/OR PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THIS END USER LICENSE AGREEMENT. THE PUBLISHERS OWN OR CONTROL ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMIT YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH END USER LICENSE AGREEMENT. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT, PLEASE DO NOT ACCESS AND PLAY THE GAME.

2. The Game

PEAK is a co-op climbing game made by Landfall Publishing and Aggro Crab where the slightest mistake can spell your doom. Either solo or as a group of lost nature scouts, your only hope of rescue from a mysterious island is to scale the mountain at its centre. Do you have what it takes to reach the PEAK?

3. Access to the Game

To access and play the Game You must register an account with a platform/service provider (PlayStation (Sony), Xbox (Microsoft), Apple App Store (Apple), Google Play (Google), PC, Steam (Valve) etc.), unless the Game is expressly provided in a form and venue where an account is not required. You may allow or enable others to access Your account, but it is always under Your sole responsibility. The Publishers shall in no case and under no circumstances be responsible for any loss or prejudice in the access to Your account, whether it was done by You intentionally, or through Your negligence or inaction. The Publishers reserve the right to disable or block accounts without notice. You are not permitted to transfer Your account, any in-game currency, characters etc. to another person or entity, unless specifically permitted in writing by the Publishers. Further, You must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If You are at least 13 years old but under 18 years of age You need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration, use of, or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of this EULA.

4. Third Party Accounts

The Publishers may allow You to establish an account with a third party such as a gaming platform, social networking service etc. in which case You may have a separate, additional account relationship with such third party.

5. Registration and warranties

You acknowledge and agree that You will (a) provide true, accurate, current, and complete information as requested when registering an account; and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been prohibited or sanctioned by the U.S. Government in any other way; and (ii) You are not listed on any U.S. Government lists of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to any computer, smartphone, tablet etc. that You use for accessing the Game and You hereby accept sole responsibility for all activities that occur under Your account or password. The Publishers, their affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if You provide registration information which is false, inaccurate, not current, or incomplete.

For information regarding how the Publishers handle the information You transmit through the Game please visit the Privacy Policy. Please note that Your access to and playing of the Game constitutes Your acceptance of the Privacy Policy. The policy can be found at http://landfall.se/peak-privacy-policy

DEVELOPER COMMENT:

The discussion over developers’ ability to revoke a product remains a passionate issue, for good reason, and we do not take this lightly. We’ve kept this section in mainly for 2 reasons:

1. It costs money to run this game! In a worst-case scenario where our studio(s) were to face financial hardship, it may be necessary one day to shut down the game’s servers. While it’s an unpleasant thing to think about, it’s just not realistic for us to agree to run this game for all of eternity.
2. The possible scenario exists where we take issue with the financial or moral behavior of a platform we sell the game on, and wish to stop selling it there. Because of the way many of these game platforms inherently operate, it may be impossible in this scenario to pull the game from a platform while guaranteeing that everyone who previously bought the game retains access to it, for reasons beyond our control. Again, this is an unlikely, worst-case scenario, but one that it’s important to account for and retain the legal ability to do this if we deem it absolutely necessary.

Aggro Crab and Landfall Games understand the importance of players retaining access to the games they paid for. Hopefully, this helps explain why the ability to revoke that access can sometimes be important or unavoidable. In the unlikely event of mass loss of access (such as a server shutdown), we will make every reasonable effort to provide a convenient portable version of the game that everyone can play without our studio’s upkeep. Thank you for your understanding.
6. Products and services

THE PUBLISHERS RESERVE THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. THE PUBLISHERS MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DO THEM REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. THE PUBLISHERS MAKE NO COMMITMENT AND EXPRESSLY DISCLAIM ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME.

7. Payment

Certain versions and content are provided as part of the Game, where You can access and play these certain parts of the Game or Game version without paying any fees. If other versions of the Game or certain Game levels and features were to become “premium features”, You must pay a fee or purchase in-game material or access to play such levels and features etc. This would mean that, where applicable, You agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that You have ordered in the Game. You are responsible for providing the Publishers and/or the platform/service providers with valid credit card information to secure payment. The Publishers and/or the platform/service providers reserve the right to cancel any order if the credit card information You provide is not valid. Payment may be processed in cooperation with third-party payment service providers, like PayPal etc. The Publishers or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once the Publishers or the platform/service provider have had the opportunity to confirm Your purchase.

This Game does not contain microtransactions.

8. Payment terms

It may happen that in order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. You may be required to pay certain fees. You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. The Publishers and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, the Publishers or the platform/service provider may charge You for any such taxes, in addition to any fees.

ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

However, a remaining portion of the payment may be credited in the Publishers' and/or the platform/service providers’ sole discretion should You decide to upgrade Your services. When You purchase the Game and any product or service in the Game or in relation to the Game You authorize the Publishers or the platform/service provider to automatically charge Your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those the Publishers or the platform/service provider are not required to collect) and for all hardware, software, mobile/handheld, Internet, (platform specific headsets/screens etc.) and other costs You incur to access and play the Game. The Publishers and/or the platform/service provider reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect Your purchase price for orders that the Publishers or the platform/service provider has already actually received from You and processed, unless expressly stated otherwise in Your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.

9. Access

In consideration of the payment of any applicable fees and subject to Your registering for an account and compliance with the terms contained herein, the Publishers or the platform/service provider will, upon receipt of Your payment if applicable, provide You with a limited, non-exclusive, revocable license to access the Game and enable You to access and play the Game subject to the other applicable provisions, limitations, and restrictions in this EULA. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content is strictly prohibited. However, You may upload recordings of Yourself playing the Game on channels like Twitch.com and YouTube.com etc, provided that such use is done in good taste, does not infringe on the intellectual property rights of the Publishers, is not done with bad intent, or to reflect negatively on the Publishers or the Game. If the Publishers or the platform/service provider is unable to process Your payment at any time, Your access to certain services, content etc. may be suspended or terminated at the Publishers’ or the platform/service provider’s discretion.

10. Delivery of products and services, Updates and New Releases

THE PUBLISHERS PROVIDE THE GAME ON AN “AS IS” BASIS. THE PUBLISHERS OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, THE PUBLISHERS OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS DETERMINED BY THE PUBLISHERS OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.

THE PUBLISHERS MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. IF YOU DO NOT INSTALL SUCH UPDATES YOU MAY NOT BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, THE PUBLISHERS WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.

YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT THE PUBLISHERS MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. THE PUBLISHERS MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, THE PUBLISHERS WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, THE PUBLISHERS WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.

11. Links to other Games etc.

The Game, platforms etc. may contain advertising and links to other games, websites, services etc. The Publishers do not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, services etc. nor are they responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall the Publishers 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 advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.

12. Indemnification

Your access to and/or playing of the Game constitutes Your agreement to defend, indemnify, and hold harmless the Publishers, their parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of Your use or misuse of the Game including related services by a third party with the use of Your account.

13. Termination

THIS END USER LICENSE AGREEMENT IS EFFECTIVE UNTIL AMENDED BY THE PUBLISHERS IN THEIR SOLE DISCRETION. THE PUBLISHERS MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE GAME OR ANY FEATURE. THE PUBLISHERS MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAMES, TERMINATE THE END USER LICENSE AGREEMENT, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THE END USER LICENSE AGREEMENT AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. THE PUBLISHERS MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE GAME; (II) VIA ELECTRONIC MAIL; (III) IN THIS END USER LICENSE AGREEMENT, OR (IV) IN ANOTHER MANNER THAT THE PUBLISHERS DEEM SUITABLE TO INFORM YOU OF THE TERMINATION. IF THE PUBLISHERS TERMINATE THE GAME, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER SECTIONS 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 AND 34 OF THIS END USER LICENSE AGREEMENT WILL SURVIVE TERMINATION.

14. Disclaimers and limitations of liability

THE GAME IS PROVIDED BY THE PUBLISHERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PUBLISHERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE PUBLISHERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF THE PUBLISHERS, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. THE PUBLISHERS DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. THE PUBLISHERS ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.

THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE PUBLISHERS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE PUBLISHERS, THEIR PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “THE PUBLISHERS” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM THE PUBLISHERS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE PUBLISHERS’ RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. THE PUBLISHERS TAKE NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE PUBLISHERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

15. Special disclaimer and limitation of liability for products and services

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE PUBLISHERS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE PUBLISHERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, 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. THE PUBLISHERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PUBLISHERS OR ANY OF THE PUBLISHERS’ AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.

THE PUBLISHERS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND THE PUBLISHERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PUBLISHERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS, AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

16. Seizure warning, motion sickness etc.

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure or motion sickness even in persons who have no history of prior seizures or epilepsy. The Publishers take no responsibility for such effects in the Game and advertising related to the Game and end results thereof and You are accessing and playing the Game and seeing the advertising on Your own risk. Nor do the Publishers take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.

17. Trademarks and Game marks

The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of the Publishers and/or third parties (the respective holders). The use of any such trademark or service mark without the expressed written consent of the respective holder is strictly prohibited.

DEVELOPER COMMENT:

It’s important for legal reasons that, by default, we retain strong rights to all content in this game. We have also already seen many examples of merchandise that crosses the line (for example, content that falsely implies to have been made by the developers, or blatant rip-offs of the game itself), and want to be sure that we always have a strong case for getting these taken offline.

Our goal is NOT to crack down on fan creations that are made in good faith. Examples of content that is explicitly allowed are given in Section 21, and additional clarification can be found in our Fan Creation Policy: https://landfall.se/peak-fan-policy

Note that the final sentence of Section 18 states that anything explicitly allowed in section 21 takes priority. For example, mods to the game that follow our content guidelines are explicitly allowed in Section 21! The language here related to decompiling or reverse-engineering the game is intended to protect against our code being stolen for other projects or copycat versions of the game, not to disallow mods for the game itself.

18. Intellectual Property Rights

You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (the “Publishers’ Content”) are owned by the Publishers and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of the Publishers and/or its partners and licensors. The Publishers and its partners and licensors retain all right, title and interest in and to the Publishers’ Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any of the Publishers’ Content in any form or for any means, unless expressly permitted in this Agreement (please see Section 21). The Publishers' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Publishers. In addition, You may not sell, license, rent, perform, display, create derivative works from, train with or give any data to an AI, or in any way use or exploit the Publishers’ Content in any way unless expressly permitted in this Agreement (please see Section 21). You agree not to disassemble, decompile or reverse engineer any software or another component of the Game or the Publishers’ Content. Unless explicitly stated herein, nothing in this EULA shall be construed as conferring to You any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against the Publishers any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights. This Section 18 does not prejudice what is explicitly stated in Section 21 of this EULA.

DEVELOPER COMMENT:

As above in Section 6, we understand the gravity of the right to take away a product that people pay for. However, it’s absolutely crucial that we have the right to ban users from our services who demonstrate exceptionally poor or illegal conduct. This is not a power we take lightly and one we use incredibly rarely, but it would be a big problem if we didn’t have the right to ban people who break the law while playing our game.

19. Prohibited use

You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting the Publishers' rights to control the Game’s environment, and the conduct of the End Users within that environment, the Publishers prohibit the following practices that the Publishers have determined detract from the overall user experience and You are strictly prohibited from:

1. Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game such as DDoS-attacks or similar. For the avoidance of doubt, allowing additional genuine end users (with the legal right to play or access the Game) to, through modifications, access a specific session of the Game is not considered to impose an unreasonable or disproportionately large load on the System, to the extent that each such end user imposes such a load as is typical for an end user of the Game;

2. Use of Your own or third-party software to modify how the Game is played or services used in a way that is intended to or does affect negatively other End Users. For the avoidance of doubt, this does not prevent You from using Your own or third-party software to modify the look of in-game assets or similar, provided such changes are in line with this EULA, or Your right to create Your own content as set in Section 21;

3. Use of Your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by the Publishers;

4. Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass or threaten other players;

5. When naming any character, team, guild or clan You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;

6. You may not post or communicate any player's real-world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or post such information in the Game or other permitted websites;

7. You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;

8. You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

9. You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;

10. You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of the Publishers;

11. You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;

12. You may not impersonate the Publishers, their representatives, employees, consultants, partners etc;

13. You may not impersonate another person, misrepresent Your affiliation with an entity or person, hide or attempt to hide Your identity or otherwise conduct fraud;

14. You may not violate or encourage others to violate any local, state, national, or international laws or regulations;

15. You may not market, promote, advertise, or solicit products or services in the Game;

16. You may not modify any part of the Game, or Clients, Servers in such a way as to promote any other of the prohibited uses hereunder, including using harmful or offensive material;

17. You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;

18. You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;

19. You may not use the Game for any illegal purpose or arrange for the exchange or transfer of any pirated or illegal software in the Game;

20. You will follow the instructions of authorized personnel in or related to the Game;

21. You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophies;

22. You may not provide false information or intentionally hide any information when registering for Your account in the Game;

23. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;

24. You will not exploit any bug in the Game to break any of the rules set in this Section 19. Bugs should be promptly reported to support@landfall.se. For avoidance of doubt, you may still exploit any bug for your own enjoyment, e.g., for “speedrunning,” as long as it is not to hide or mask any misuse set in other rules hereunder.

25. You will not attempt to play the Game on any server or platform that is not controlled or authorized by the Publishers, their designees or platform/service providers. For the avoidance of doubt, extending access to a specific in-game session for additional end users (who have the legal right to access the Game) is not prohibited hereunder, provided the session is hosted on or within the same server system or infrastructure as would be the case for in-game session not modified to allow for additional end users;

26. You will not create, use, or provide any server emulator or another site where the Game may be played, and You will not post or distribute any utilities or emulator tools related to the Game without the express written permission of the Publishers. For the avoidance of doubt, this does not affect or apply for You modifying or changing in-game assets or provision of modifications within the infrastructure or System of the Game;

27. You will not register for a User account on behalf of an individual other than Yourself, or register for a User account on behalf of any group or entity;

28. Using the Publishers’ copyrights or trademarks or any confusingly similar marks;

29. Uploading invalid data, viruses, worms, or other software agents to the Game;

30. Collecting information from other End Users without obtaining their consent;

31. Otherwise, use the Game in any manner that breaches the terms and conditions of the EULA or the Privacy Policy.

32. The Publishers and the platform/service providers can close down Your account and stop Your access to the Game for any reason, at any time, without notice, including, but not limited to if we believe that You violate this EULA, the Privacy Policy, our policies.

20. Communication and Feedback

The Publishers may from time to time contact You by any appropriate information channel to keep You up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. The Publishers may occasionally ask You to provide information on Your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to the Publishers. Any and all information which is submitted by You is submitted voluntarily. To the extent You do provide any Feedback to the Publishers, You agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to the Publishers and acknowledge that the Publishers may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to You. You can stop the delivery of promotional messages from the Publishers by following the specific instructions in promotional messages or by our customer support at support@landfall.se. These communication choices do not apply to mandatory service communications that are considered part of the Game which You may receive periodically.

21. User Created Content, Modding and Intellectual Property

A) User Intellectual Property.
By using the Game, materials and tools, and/or software related to the Game You may create certain content such as playable levels, in-game items, stories, forum-posts, usernames, modifications and/or other related content (“User Created Content”). Except for the Publishers Content contained therein, any intellectual property right and title to such User Created Content will remain with, and where applicable, will become, Your intellectual property created and submitted by You for use in the Game (“User Intellectual Property”).

B) The Publishers License to User Intellectual Property.
By creating, submitting for publishing, uploading and/or publishing any User Created Content in or in connection with the Game and/or related websites You agree that the Publishers will be given a sub-licensable, assignable, worldwide, royalty free license and right to use, distribute, broadcast, reproduce, publicly perform, display and promote Your User Created Content and any User Intellectual Property contained therein, in relation to and for the purpose of providing, exploiting or using in the Game and any sequels in any and all media now known or hereafter devised.

C) Guidelines for User Created Content.
User Created Content must comply with all applicable laws as well as guidelines, terms and conditions as stated in this EULA and requirements as may be notified to You by the Publishers from time to time and must not contain any content (including, by way of example and not limitation language, sounds, images, designs, patterns, layouts and levels etc.) that includes, is or can be construed to be: (i) graphic depictions of gratuitous or excessive violence; (ii) sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially and/or ethnically charged; (iii) depicting or promoting intoxication or substance abuse; (iv) depicting or promoting negative racial, ethnic, gender, political or religious stereotypes; (v) making negative or disrespectful use of religious symbolism; or (vi) reflecting adversely on the name, reputation, or goodwill of the Publishers, their partners, the platform etc. or any content otherwise in violation of this EULA or the platform/service providers at any time applicable terms regarding user created content.

D) Protection of Third Party Rights.
You will be fully responsible for Your User Created Content and represent that any content you post, submit, upload, publish etc. through the Game or in connection with the game or any related websites does not infringe on any third party Intellectual Property Rights or other rights under applicable laws (including such rights as privacy rights etc.). It is your responsibility to make sure that no copyright protected material owned or controlled by third parties is inserted into Your User Created Content without the prior written consent of such third party and that no open source software is contained or uploaded therein.

E) End User Warranties for User Created Content and User Intellectual Property.
By creating, posting, uploading, submitting for publishing and/or publishing any User Created Content in or in connection with the Game You represent and warrant that: (i) You have all the necessary rights to grant the licenses contained herein; (ii) there is no suit, action, claim, or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Created Content, or any part thereof, or which might in any way impair the rights granted by You herein; (iii) You have not made the User Created Content to be deliberately offensive or objectionable and it complies with this EULA, the Publishers’ from time to time applicable Guidelines for User Created Content as well as applicable laws; and (iv) You will indemnify and hold harmless the Publishers for all damages, costs and expenses incurred for breaching these warranties.

F) Penalties and Actions.
The Publishers and/or the applicable platform or service provider may at any time, in its sole discretion, without prior notice delete, remove, or otherwise disable access to any of Your User Created Content if the Publishers or the applicable provider believes the content is infringing someone else’s Intellectual Property Rights or otherwise infringes this EULA, Guidelines for User Created Content, Your warranties and representations under this Agreement, or applicable laws. The Publishers reserve all rights to disable your access to the Game, if you are found in violation of these multiple times, or if, in the Publishers’ sole opinion, your transgression motivates such a penalty.

If You believe the Publishers have removed such content by mistake, you may notify the Publishers at support@landfall.se and the Publishers may, but have no obligation to, provide You with an opportunity to appeal that decision. If you infringe any third party Intellectual Property Rights, the Publishers may disable or terminate Your account and take such action as it deems appropriate.

G) Storage of Deleted User Created Content.
Following the deletion of or disabling of access to User Created Content, either by You or by the Publishers, the Publishers may store the deleted User Created Content before complete deletion, if deemed as necessary by the Publishers in their sole discretion.

22. Take Down Notice

The Publishers respect the intellectual property of others and expect our End Users and third parties to do so as well. If the Publishers are notified of, or discovers, any potentially infringing content, we will disable access or remove such content without undue delay. You shall confirm and cooperate with such removals.

If You have well founded reason to believe content in or accessible through the Game is in violation of copyright or trademark rights, You shall immediately notify the Publishers of such use. If such a request is made by a third party claiming to be the rightful owner or licensor of the content in questions, You shall advice the third party to file a competent “Take Down Notice” including the information set out below:

⦁ A statement identifying in sufficient detail the work or intellectual property you claim has been infringed, or – if multiple works are covered by this Take Down Notice – you may also provide a representative list of the works you claim have been infringed;
⦁ A statement identifying in sufficient detail the work, content, or intellectual property you claim to be infringing and, if possible, its location within the Game, so that the material can be located;
⦁ A statement that you have a good faith belief that use of the content or material identified in the Take Down Notice is not authorized by the owner of the intellectual property, an agent of the owner, or applicable law;
⦁ A statement that the information in the Take Down Notice is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work or intellectual property that is allegedly being infringed; and
⦁ Sufficient contact details for the person making the complaint, including an address, telephone number, and e-mail address as well as the physical or electronic signature of the person making the complaint. All such personal data to be handled according to our Privacy Policy.

Any such Take Down Notice must be submitted to the Publishers at support@landfall.se.

The Publishers will respond expeditiously to any claims of copyright infringement or other infringement committed using the Game that are reported through a completed Take Down Notice. After reviewing a Take Down Notice, the Publishers will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Game or disabling access to it. The Publishers may notify the alleged infringer of your claim and you expressly authorize the Publishers to do so.

23. Electronic communications

When You play the Game or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically and communicate with us electronically. We will communicate with You by e-mail or by posting notices in the Game or by any other means the Publishers find suitable. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically (whether by email, posting a notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.

24. Disputes between You and the Publishers

OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST THE PUBLISHERS, YOU AGREE TO FIRST CONTACT THE PUBLISHERS AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO THE PUBLISHERS. THE NOTICE TO THE PUBLISHERS MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 34 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND THE PUBLISHERS CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 26-28.

25. User disputes

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

26. Arbitration

If You are located within the United States of America, the following applies to You: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

27. The right to refrain from arbitration.

You may choose to waive this arbitration term. Then neither You nor the Publishers can demand that the other party take part in arbitration proceedings. In order to refrain, You must inform the Publishers in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with Your Game account (if You have one) and a clear wording that You want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Landfall Publishing AB, Åkerhielmsgatan 36, 167 33 Bromma, Sweden and marked “Waiver of Arbitration”. If You do not waive this arbitration section it will continue to apply to You.

28. Class action waiver

YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 26 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

29. Claims

YOU AND THE PUBLISHERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS END USER LICENSE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED UNLESS OTHERWISE REQUIRED BY A MANDATORY LAW OF ANY JURISDICTION.

30. Governing law

(a) If You are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Solna (Solna Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement unless otherwise required by a mandatory law of any jurisdiction.

(b) If You are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this EULA that is not subject to mandatory arbitration as set forth above in section 26 shall be filed only in the state or federal courts in and for New York County, New York and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

(c) Notwithstanding anything to the contrary, the Publishers may apply to any court of competent jurisdiction for injunctive or other equitable relief.

31. Severability

If for any reason any provision of this EULA shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

32. Modification

The Publishers reserve the right, at its discretion, to update or revise this EULA at any time. The Publishers will post such changes in the Game and or forums etc. related to the Game and these additional or revised terms will become part of this EULA. Please check this EULA document periodically for changes. Your continued playing of the Game constitutes Your binding acceptance of this EULA, including any changes or modifications made by the Publishers as permitted above.

33. Entire agreement, Assignment

This EULA constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The Publishers may assign its rights under this EULA without notice to You. You may not assign Your rights under this EULA.

34. Disclosure

The Game and related products and services hereunder are offered by Landfall Publishing AB, a Swedish corporation, with registered and business offices at Åkerhielmsgatan 36, 167 33 Bromma, Sweden and Aggro Crab Games LLC, an USA corporation, with registered and business offices at 4010 Stone Way N STE 400 Seattle, WA, 98103. If You have questions or concerns about this EULA, contact us at:

Email: support@landfall.se.
Last Updated: October 27, 2025.