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END USER LICENSE AGREEMENT (EULA)
BLOODLINE CHAMPIONS®
Last revised: May 3, 2021
This End User License Agreement ("EULA" or “Agreement”) is an agreement between you and Stunlock Studios AB (“Stunlock Studios” or “Stunlock”). It governs your use of the online computer game Bloodline Champions® (the “Game”), developed by Stunlock.
PLEASE READ THIS EULA CAREFULLY. BY USING THE GAME OR INSTALLING THE GAME YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, EXIT THE GAME AND UNINSTALL IT FROM YOUR COMPUTER.
1. ELIGIBILITY
By entering into this EULA, you represent that you are of age of majority and have the legal capacity to enter into a contract in the jurisdiction where you reside. If you have not attained the age of majority, you are obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives. No child under the age of 13 is allowed to play the Game. To send necessary permission as a parent or other legal representative, please e-mail: dataprotection@stunlockstudios.com for more information.
2. LICENSE GRANT
Stunlock Studios hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, for such time until either you or Stunlock Studios terminates this Agreement, to internally install and execute solely as a component of the Game (i) and related explanatory materials (“Documentation”); and (ii) any Game upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by Stunlock Studios. The Game and the Game are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by Stunlock Studios, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Game. The license granted to you herein shall be royalty-free.
3. YOUR RESPONSIBILITIES
You represent and warrant to Stunlock that You will not:
a) in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game.
b) make use of, or cause any other person or entity to make use of, the Game in exchange for payment without the express written consent of Stunlock.
c) rent, lease, lend, sell, sublicense, assign, auction or otherwise transfer any portion of the Game without the express written consent of Stunlock allow another party access to your account information;
d) host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Stunlock in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;
e) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation, any connection to any unauthorized server that emulates or attempts to emulate the Service. All connections to the Game and/or the Service, whether created by the Game or by other tools and utilities, may only be made through methods and means expressly approved by Stunlock. Under no circumstances may You connect or create tools that allow You or others to connect, to the Game’s proprietary interface other than those expressly provided by Stunlock for public use;
f) fail at any time to comply with the Terms & Conditions;
g) use any unauthorized third-party programs that interact with the Game in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Game and Stunlock Studios, or that collect information about the Game by reading areas of memory used by the Game to store information about the Game.
Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
As between You and Stunlock, all right, title, interest, in and to any and all intellectual property rights to the Game and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any images, photographs, animations, video, audio, music, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are exclusively owned or licensed by Stunlock.
All right, title, interest, in and to any and all intellectual property rights to the content held by any third party which may be accessed through use of the Game are the property of the respective content owner (or their licensees). This Agreement grants You no rights to use such content.
If the Game contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game. All rights not expressly granted are reserved by Stunlock. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person.
5. CONSENT TO MONITORING
Restricted Software.
By using the game, you acknowledge and agree that: (a) the game, from time to time and at any times, may enable Stunlock (or a third party on behalf of Stunlock) to monitor your computer’s random access memory (“ram”) for restricted software that operates concurrently with the game. For purposes of this agreement, the term “restricted software” means any third party software, including without limitation, any “add on,” “mod,” “modification,” “hack,” “trainer,” or “cheat,” that, in Stunlock’s sole determination: (i) enables or facilitates cheating of any type; (ii) allows users to modify or otherwise alter the game interface, environment, and/or experience in any way not expressly authorized by Stunlock; or (iii) intercepts, gathers, seeks out, or otherwise collects information from or through the game. (b) in the event that the software detects any restricted software, it may (i) communicate information back to Stunlock, including information regarding your account, data regarding the restricted software, and such other information as Stunlock deems necessary or pertinent; and/or (ii) Stunlock may exercise all or any of its rights under this agreement or the terms & conditions or the privacy policy, with or without prior notice to you. (c) all game play, chat and conversation are subject to monitor and review at any time, and from, time to time, with or without notice to preserve the integrity of the game and protect Stunlock’s rights.
If the Game detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
6. UPDATES AND MODIFICATIONS
Patches and Updates.
Stunlock (or a third party on Stunlock’s behalf) may deploy or provide patches, updates and modifications to the Game that must be installed for You to continue to play the Game. Stunlock may update the Game remotely, including, without limitation, the Software residing on Your computer or game machine, without Your knowledge or consent, and You hereby grant to Stunlock your consent to deploy and apply such patches, updates and modifications as Stunlock, in its sole discretion, deems necessary or advisable.
EULA terms.
The terms of this EULA may be amended, supplemented, or modified at any time by Stunlock in its sole discretion, including, without limitation, when Stunlock updates or upgrades the Game. The revised version will be presented when the game is launched and will need to be accepted to continue your use of the Game. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement by uninstalling the Game from your computer. Your installation and use of any updates, upgrades, or modifications to the Game or your continued use of the Game following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes. Stunlock may change, modify, suspend, or discontinue any aspect of the Game at any time and/or impose limits and restrictions on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
7. TERMINATION OF AGREEMENT
This Agreement is effective until terminated. You may terminate this Agreement at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of Your computers and game operating devices; and (iii) officially cancelling your Account by contacting Stunlock Studios. Stunlock may terminate this Agreement at any time for any reason or no reason at all. Violation by you of this Agreement or the Terms & Conditions automatically terminates the rights and licenses granted to you under this Agreement.
In the event of termination of this Agreement or your rights and license granted hereunder, You must (i) cease to use the Game; (ii) immediately and permanently destroy all copies of the Game in Your possession and control; and (iii) permanently remove the Game from all of Your computers and game operating devices. Upon termination of this Agreement for any reason, all licenses granted herein immediately shall terminate.
8. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of Stunlock Studios. You acknowledge and agree that Stunlock Studios, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Stunlock Studios may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you.
9. WARRANTY DISCLAIMER
Defects.
Any product that has had its key for playtime activated and with in-game activity registered cannot be returned as defective.
Disclaimer.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S)) IS PROVIDED AND/OR MADE AVAILABLE TO YOU “AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.
Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to You.
10. LIMITATION OF LIABILITY
NEITHER STUNLOCK, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER STUNLOCK, ITS PARENT, SUBSIDIARIES PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. STUNLOCK SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION- ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL STUNLOCK BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL STUNLOCK‘S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO STUNLOCK DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
11. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STUNLOCK STUDIOS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE GAME, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Stunlock Studios reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Stunlock Studios in asserting any available defenses.
12. GOVERNING LAW.
Governing Law.
This Agreement is governed by and construed in accordance with the laws of Sweden. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Informal Negotiations.
You and Stunlock Studios agree to resolve any dispute arising out of or in connection with this Agreement through informal negotiations foremost, for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Stunlock will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Stunlock Studios, Kaplansgatan 16 G, 541 34 Skövde. Notwithstanding the foregoing, you and Stunlock agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any disputes concerning the validity of any of Stunlock’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
Dispute Resolution.
If the informal negotiations are not successful, the dispute shall be finally settled by the courts of Sweden with the Stockholm District court (Sw. Stockholms tingsrätt) as first instance, without prejudice to your right of recourse to other courts under applicable law to resolve any dispute, claim or controversy that arises out of or in connection with these Agreements. You agree that any claims subject to dispute must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, in so far as permitted under mandatory law.
13. MISCELLANEOUS
This Agreement represents the complete agreement between you and Stunlock Studios with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Stunlock Studios; provided however that this Agreement shall coexist with, and shall not supersede, the Terms of Service or the Privacy Policy. To the extent that the provisions of this Agreement conflict with the Terms of Service, the conflicting provisions in the Terms of Service shall govern.
The Game is operated by Stunlock Studios in Sweden. Those who choose to access the Game from locations outside Sweden do so on their own initiative and are responsible for compliance with applicable local laws.
Stunlock Studios’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Stunlock Studios of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of all sections but section 2 and 8 of this Agreement shall survive any termination of this Agreement.
If you have any questions concerning these terms and conditions, or if you would like to contact Stunlock Studios for any other reason, please contact Stunlock Studios support at dataprotection@stunlockstudios.com
BLOODLINE CHAMPIONS®
Last revised: May 3, 2021
This End User License Agreement ("EULA" or “Agreement”) is an agreement between you and Stunlock Studios AB (“Stunlock Studios” or “Stunlock”). It governs your use of the online computer game Bloodline Champions® (the “Game”), developed by Stunlock.
PLEASE READ THIS EULA CAREFULLY. BY USING THE GAME OR INSTALLING THE GAME YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, EXIT THE GAME AND UNINSTALL IT FROM YOUR COMPUTER.
1. ELIGIBILITY
By entering into this EULA, you represent that you are of age of majority and have the legal capacity to enter into a contract in the jurisdiction where you reside. If you have not attained the age of majority, you are obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives. No child under the age of 13 is allowed to play the Game. To send necessary permission as a parent or other legal representative, please e-mail: dataprotection@stunlockstudios.com for more information.
2. LICENSE GRANT
Stunlock Studios hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license, for such time until either you or Stunlock Studios terminates this Agreement, to internally install and execute solely as a component of the Game (i) and related explanatory materials (“Documentation”); and (ii) any Game upgrades, patches, subsequent versions, and updates (collectively, “Updates”) licensed to you by Stunlock Studios. The Game and the Game are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Except as may be expressly permitted by Stunlock Studios, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Game. The license granted to you herein shall be royalty-free.
3. YOUR RESPONSIBILITIES
You represent and warrant to Stunlock that You will not:
a) in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game.
b) make use of, or cause any other person or entity to make use of, the Game in exchange for payment without the express written consent of Stunlock.
c) rent, lease, lend, sell, sublicense, assign, auction or otherwise transfer any portion of the Game without the express written consent of Stunlock allow another party access to your account information;
d) host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Stunlock in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;
e) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation, any connection to any unauthorized server that emulates or attempts to emulate the Service. All connections to the Game and/or the Service, whether created by the Game or by other tools and utilities, may only be made through methods and means expressly approved by Stunlock. Under no circumstances may You connect or create tools that allow You or others to connect, to the Game’s proprietary interface other than those expressly provided by Stunlock for public use;
f) fail at any time to comply with the Terms & Conditions;
g) use any unauthorized third-party programs that interact with the Game in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Game and Stunlock Studios, or that collect information about the Game by reading areas of memory used by the Game to store information about the Game.
Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
As between You and Stunlock, all right, title, interest, in and to any and all intellectual property rights to the Game and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any images, photographs, animations, video, audio, music, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are exclusively owned or licensed by Stunlock.
All right, title, interest, in and to any and all intellectual property rights to the content held by any third party which may be accessed through use of the Game are the property of the respective content owner (or their licensees). This Agreement grants You no rights to use such content.
If the Game contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game. All rights not expressly granted are reserved by Stunlock. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person.
5. CONSENT TO MONITORING
Restricted Software.
By using the game, you acknowledge and agree that: (a) the game, from time to time and at any times, may enable Stunlock (or a third party on behalf of Stunlock) to monitor your computer’s random access memory (“ram”) for restricted software that operates concurrently with the game. For purposes of this agreement, the term “restricted software” means any third party software, including without limitation, any “add on,” “mod,” “modification,” “hack,” “trainer,” or “cheat,” that, in Stunlock’s sole determination: (i) enables or facilitates cheating of any type; (ii) allows users to modify or otherwise alter the game interface, environment, and/or experience in any way not expressly authorized by Stunlock; or (iii) intercepts, gathers, seeks out, or otherwise collects information from or through the game. (b) in the event that the software detects any restricted software, it may (i) communicate information back to Stunlock, including information regarding your account, data regarding the restricted software, and such other information as Stunlock deems necessary or pertinent; and/or (ii) Stunlock may exercise all or any of its rights under this agreement or the terms & conditions or the privacy policy, with or without prior notice to you. (c) all game play, chat and conversation are subject to monitor and review at any time, and from, time to time, with or without notice to preserve the integrity of the game and protect Stunlock’s rights.
If the Game detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
6. UPDATES AND MODIFICATIONS
Patches and Updates.
Stunlock (or a third party on Stunlock’s behalf) may deploy or provide patches, updates and modifications to the Game that must be installed for You to continue to play the Game. Stunlock may update the Game remotely, including, without limitation, the Software residing on Your computer or game machine, without Your knowledge or consent, and You hereby grant to Stunlock your consent to deploy and apply such patches, updates and modifications as Stunlock, in its sole discretion, deems necessary or advisable.
EULA terms.
The terms of this EULA may be amended, supplemented, or modified at any time by Stunlock in its sole discretion, including, without limitation, when Stunlock updates or upgrades the Game. The revised version will be presented when the game is launched and will need to be accepted to continue your use of the Game. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement by uninstalling the Game from your computer. Your installation and use of any updates, upgrades, or modifications to the Game or your continued use of the Game following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes. Stunlock may change, modify, suspend, or discontinue any aspect of the Game at any time and/or impose limits and restrictions on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
7. TERMINATION OF AGREEMENT
This Agreement is effective until terminated. You may terminate this Agreement at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of Your computers and game operating devices; and (iii) officially cancelling your Account by contacting Stunlock Studios. Stunlock may terminate this Agreement at any time for any reason or no reason at all. Violation by you of this Agreement or the Terms & Conditions automatically terminates the rights and licenses granted to you under this Agreement.
In the event of termination of this Agreement or your rights and license granted hereunder, You must (i) cease to use the Game; (ii) immediately and permanently destroy all copies of the Game in Your possession and control; and (iii) permanently remove the Game from all of Your computers and game operating devices. Upon termination of this Agreement for any reason, all licenses granted herein immediately shall terminate.
8. TERMINATION OF GAME SERVICE
The Game is an “on-line” game that must be played over the internet through a service provided by or on behalf of Stunlock Studios. You acknowledge and agree that Stunlock Studios, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Stunlock Studios may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you.
9. WARRANTY DISCLAIMER
Defects.
Any product that has had its key for playtime activated and with in-game activity registered cannot be returned as defective.
Disclaimer.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S)) IS PROVIDED AND/OR MADE AVAILABLE TO YOU “AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.
Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to You.
10. LIMITATION OF LIABILITY
NEITHER STUNLOCK, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER STUNLOCK, ITS PARENT, SUBSIDIARIES PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. STUNLOCK SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION- ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL STUNLOCK BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL STUNLOCK‘S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO STUNLOCK DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
11. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STUNLOCK STUDIOS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE GAME AND/OR THE GAME, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Stunlock Studios reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Stunlock Studios in asserting any available defenses.
12. GOVERNING LAW.
Governing Law.
This Agreement is governed by and construed in accordance with the laws of Sweden. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Informal Negotiations.
You and Stunlock Studios agree to resolve any dispute arising out of or in connection with this Agreement through informal negotiations foremost, for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Stunlock will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Stunlock Studios, Kaplansgatan 16 G, 541 34 Skövde. Notwithstanding the foregoing, you and Stunlock agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any disputes concerning the validity of any of Stunlock’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
Dispute Resolution.
If the informal negotiations are not successful, the dispute shall be finally settled by the courts of Sweden with the Stockholm District court (Sw. Stockholms tingsrätt) as first instance, without prejudice to your right of recourse to other courts under applicable law to resolve any dispute, claim or controversy that arises out of or in connection with these Agreements. You agree that any claims subject to dispute must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, in so far as permitted under mandatory law.
13. MISCELLANEOUS
This Agreement represents the complete agreement between you and Stunlock Studios with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Stunlock Studios; provided however that this Agreement shall coexist with, and shall not supersede, the Terms of Service or the Privacy Policy. To the extent that the provisions of this Agreement conflict with the Terms of Service, the conflicting provisions in the Terms of Service shall govern.
The Game is operated by Stunlock Studios in Sweden. Those who choose to access the Game from locations outside Sweden do so on their own initiative and are responsible for compliance with applicable local laws.
Stunlock Studios’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Stunlock Studios of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of all sections but section 2 and 8 of this Agreement shall survive any termination of this Agreement.
If you have any questions concerning these terms and conditions, or if you would like to contact Stunlock Studios for any other reason, please contact Stunlock Studios support at dataprotection@stunlockstudios.com