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This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and Bigpoint GmbH (“Bigpoint”). It governs your access to and use of the game Dark Orbit (“Dark Orbit” or “Game”), including the downloadable client obtained via Steam or the browser-based version of the Game and all related online services (“Software”).
By downloading, installing, accessing, or using the Game through Steam or through a web browser, You agree to be bound by this Agreement. If You do not agree, do not install, access, or use the Game.
The General Terms and Conditions of Bigpoint also apply and prevail in case of conflict. They are available at:
General Terms and Conditions for Bigpoint GmbH (hereinafter Bigpoint)
1. License Grant
Subject to your compliance with this Agreement, Bigpoint grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software and Game solely for personal entertainment purposes and only as provided by Bigpoint’s services. All rights not expressly granted remain with Bigpoint.
2. License Restrictions
You acknowledge that the Game is licensed, not sold. You will not use the Software for other reasons, and You will not transfer, sublicense, commercially use, or make available, for monetary remuneration or otherwise, the rights or the Software. You are expressly forbidden to decompile, reproduce, modify or recreate by means of reverse engineering the Software either yourself or via a third party.
3. In-Game Purchases
The Game is free to play. Optional purchases of virtual currency or items are offered. The virtual currency and virtual items have no real-world monetary value and are non-transferable and non-refundable, unless required by applicable consumer law. They may be modified or removed at any time for gameplay or technical reasons.
If You access the Game via the Steam platform, refunds must be requested exclusively through Steam’s refund system.
4. Updates
Bigpoint reserves the right to change or modify the Software at any time. The updates may be installed automatically. The User’s continued use of the Game signifies acceptance.
5. Privacy
Personal data is processed in accordance with Bigpoint’s Privacy Policy, available at:
Data Privacy Policy
6. Amendments to this Agreement
Bigpoint reserves the right to amend this Agreement at any time. Users will be informed of substantial changes in an appropriate manner. Continued use of the Game after amendments take effect constitutes acceptance of the amended Agreement.
7. Termination
The User may terminate this Agreement at any time. The Agreement terminates automatically if the User fails to comply with its terms. Upon termination, the User must uninstall the Software and cease all use. Bigpoint reserves the right to discontinue online services at any time. The User has no right to continued or permanent availability of the Game.
8. Warranty
The Software is offered on an “as is” basis without any guaranteed specific properties or qualities. Bigpoint does not guarantee that the Software will function without interruption or error and does not accept any warranty or liability for the usability or availability of the Software. Mandatory consumer rights remain unaffected.
9. Limitation of Liability
Nothing in this Agreement limits Developer’s liability for death or personal injury caused by negligence, intent or gross negligence or any liability that cannot be excluded under applicable law. To the maximum extent permitted by law, Bigpoint and all its affiliates, employees and service providers shall not be liable for loss of profits, data, gameplay progress, virtual items, damages resulting from interruptions, delays, or failures of the Game, computer failure or malfunction, unauthorized access to user accounts, or indirect, incidental, special, consequential, or exemplary damages. For damages caused by simple negligence, Bigpoint’s liability is limited to typical and foreseeable losses.
10. Governing Law
This License Agreement is governed by the laws of Germany, without regard to conflict-of-laws principles. If You are a consumer, mandatory consumer protection rights in your country of residence remain unaffected.
Bigpoint and the User will attempt to resolve any disputes about this license through direct, out-of-court negotiations. Should no agreement be reached, disputes over the rights and obligations of this license and the effectiveness of this license are to be legally settled within the jurisdiction of the courts in Hamburg, Germany, except where mandatory law provides otherwise.
11. Contact Information
Bigpoint GmbH
Admiralitätstr. 59
20459 Hamburg
Germany
Website: www.bigpoint.net
E-Mail: info@bigpoint.net
By downloading, installing, accessing, or using the Game through Steam or through a web browser, You agree to be bound by this Agreement. If You do not agree, do not install, access, or use the Game.
The General Terms and Conditions of Bigpoint also apply and prevail in case of conflict. They are available at:
General Terms and Conditions for Bigpoint GmbH (hereinafter Bigpoint)
1. License Grant
Subject to your compliance with this Agreement, Bigpoint grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software and Game solely for personal entertainment purposes and only as provided by Bigpoint’s services. All rights not expressly granted remain with Bigpoint.
2. License Restrictions
You acknowledge that the Game is licensed, not sold. You will not use the Software for other reasons, and You will not transfer, sublicense, commercially use, or make available, for monetary remuneration or otherwise, the rights or the Software. You are expressly forbidden to decompile, reproduce, modify or recreate by means of reverse engineering the Software either yourself or via a third party.
3. In-Game Purchases
The Game is free to play. Optional purchases of virtual currency or items are offered. The virtual currency and virtual items have no real-world monetary value and are non-transferable and non-refundable, unless required by applicable consumer law. They may be modified or removed at any time for gameplay or technical reasons.
If You access the Game via the Steam platform, refunds must be requested exclusively through Steam’s refund system.
4. Updates
Bigpoint reserves the right to change or modify the Software at any time. The updates may be installed automatically. The User’s continued use of the Game signifies acceptance.
5. Privacy
Personal data is processed in accordance with Bigpoint’s Privacy Policy, available at:
Data Privacy Policy
6. Amendments to this Agreement
Bigpoint reserves the right to amend this Agreement at any time. Users will be informed of substantial changes in an appropriate manner. Continued use of the Game after amendments take effect constitutes acceptance of the amended Agreement.
7. Termination
The User may terminate this Agreement at any time. The Agreement terminates automatically if the User fails to comply with its terms. Upon termination, the User must uninstall the Software and cease all use. Bigpoint reserves the right to discontinue online services at any time. The User has no right to continued or permanent availability of the Game.
8. Warranty
The Software is offered on an “as is” basis without any guaranteed specific properties or qualities. Bigpoint does not guarantee that the Software will function without interruption or error and does not accept any warranty or liability for the usability or availability of the Software. Mandatory consumer rights remain unaffected.
9. Limitation of Liability
Nothing in this Agreement limits Developer’s liability for death or personal injury caused by negligence, intent or gross negligence or any liability that cannot be excluded under applicable law. To the maximum extent permitted by law, Bigpoint and all its affiliates, employees and service providers shall not be liable for loss of profits, data, gameplay progress, virtual items, damages resulting from interruptions, delays, or failures of the Game, computer failure or malfunction, unauthorized access to user accounts, or indirect, incidental, special, consequential, or exemplary damages. For damages caused by simple negligence, Bigpoint’s liability is limited to typical and foreseeable losses.
10. Governing Law
This License Agreement is governed by the laws of Germany, without regard to conflict-of-laws principles. If You are a consumer, mandatory consumer protection rights in your country of residence remain unaffected.
Bigpoint and the User will attempt to resolve any disputes about this license through direct, out-of-court negotiations. Should no agreement be reached, disputes over the rights and obligations of this license and the effectiveness of this license are to be legally settled within the jurisdiction of the courts in Hamburg, Germany, except where mandatory law provides otherwise.
11. Contact Information
Bigpoint GmbH
Admiralitätstr. 59
20459 Hamburg
Germany
Website: www.bigpoint.net
E-Mail: info@bigpoint.net