2018-12-18.001


This End User License Agreement ("EULA") is an agreement between you and KING Art GmbH, its subsidiaries and affiliates ("KA"). This EULA governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold.


By installing or using the Software, you agree to the terms of this EULA and agree to be bound by it. Section 5 below describes the data KA may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. IF YOU INSTALL the Software, the terms and conditions of this EULA are fully accepted by you. If you do not agree to the terms of this EULA, then do not install or use the Software.


Limited EULA Grant and Terms of Use


Through this purchase, you are acquiring and KA grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this EULA and the accompanying documentation. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software. The term of your EULA shall commence on the date that you install or otherwise use the Software, and shall end on the earlier of the date that you dispose of the Software; or KA's termination of this EULA.


Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, create works from, or use the Software or any component of it, except as expressly authorized by KA. Unless expressly authorized by KA, you are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter KA's trademarks or logos, or legal notices included in the Software or related assets.


You have obtained a license to the Software and your rights are subject to this EULA. Except as expressly licensed to you herein, KA reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This EULA is limited to the intellectual property rights of KA and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved by KA.


In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant KA an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to KA's and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. The license grant to KA, and the above waiver of any applicable moral rights, survives any termination of this EULA.


You are not obligated to provide any feedback or error reports to KA. However you shall get first impressions, collect gameplay issues and/or collect possible defects and provide feedback to KA, if applicable.


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DISCLAIMER OF WARRANTIES for free, Alpha, Beta, demo or trial Versions: The liability in connection with such version is excluded except for intent or gross negligence. A claim for damages arising from a legal defect or a defect in the Software with regard to the demo version is only permissible if King Art fraudulently conceals such defect. Subject to any statutory claims the User may have under law (which shall not be affected), King Art is not obliged to provide any additional technical support to users of the demo version.


DISCLAIMER OF WARRANTIES: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KING ART HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, 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. KING ART DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KING ART OR A KING ART AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, KING ART MAY CHOOSE TO REPLACE THE USER'S COPY OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7.1.1 King Art shall be liable according to the applicable statutory provisions for damages of the User caused by intent or gross negligence, whereas the liability for personal injury and damages according to the German Product Liability Act (or other similar applicable laws in other applicable legislations) is not excluded by the following.
7.1.2 In other cases the liability of King Art for damage claims is restricted in accordance with the following provisions unless an explicit guarantee assumed by King Art provides otherwise:
7.1.2.1 King Art is only liable for slight negligence if the damages have been caused by the violation of a material contract obligation (cardinal duties). Cardinal duties are such contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance User could rely. To the extent King Art is liable for slight negligence; its liability is restricted to the typically foreseeable damages.
7.1.2.2 The liability of King Art for damages caused by loss of data and/or programs lost by slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by the User.
7.1.2.3 The provisions of the above paragraph apply correspondingly to the limitation of damages for unsuccessful expenses (§ 284 of the German Civil Code [BGB]).
7.1.3 The above liability restrictions shall also apply to vicarious agents of King Art.
7.1.4 King Art shall not be liable for costs arising out of services used by the user that are expressly not provided by the King Art. This shall in particular apply to costs of data transfer from or to the User's mobile end device.


LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KING ART OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DEFECT IN OR CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KING ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KING ART'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR REPLACEMENT OF THE SOFTWARE WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS KING ART MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.

8.1 King Art shows best effort to provide to user access to King Art online game multiplayer facilities, which are not part of the licensed game but an additional service of King Art that may require an additional agreement when logging in. However, temporary service interruptions due to usual maintenance, to system disturbances, to internet disturbances of other providers or of operators and to force majeure may occur. Therefore, the user is not entitled to a steady and continuous access of King Art. King Art does not owe any definite service availability.
8.2 In the domain of internet a performance free of disturbances is not possible. King Art is not responsible for the steady availability of its technical systems, the accuracy or completeness, correctness or actuality of the information provided to the user or for errors of data transfer.


The User may terminate this EULA at any time by destroying the Software together with all copies in any form.


The User may terminate this EULA at any time by destroying the Software together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the User fails to comply with any term or condition of this EULA, without notice to the User. The User agrees upon such termination to destroy the Software together with all copies in any form.


THIS CLAUSE DOES NOT APPLY IF YOU ACQUIRED THE SOFTWARE IN EUROPE


You may not export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.


Governing Law/Place of Performance and Jurisdiction/Dispute Resolution

11.1.1 Exclusively German law applies, with the exception of the CISG, even if the User has his/her residential or business seat abroad. If the User is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis according to Art. 6 I of the ROM I (REGULATION (EC) No 593/2008).
11.1.2 The place of performance is Bremen, Germany.
11.1.3 For all present and future claims from this Agreement, the exclusive jurisdiction is Bremen, if the user is a merchants, legal persons under public law, or special assets (Sondervermögen) or if the user has no general jurisdiction inside Germany, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the EuGVVO [Europäisches Gerichtsstands- und Vollstreckungsverordnung (Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters)] are unaffected hereby.
11.1.4 By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software or this EULA you agree you hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.


Governing Law/Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of the State of New York and of the United States of America. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to these terms and conditions, in the event of any claim you may have arising from or related to the Software or this EULA you agree to the exclusive personal and subject matter jurisdiction of the courts located within the New York, New York, U.S.A. for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. King Art reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world

12.1.1 The User can only offset claims of King Art with undisputed or legally established counterclaims. The User can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the User's claims against King Art is prohibited.
12.1.2 All rights not explicitly granted in this agreement are reserved.
12.1.3 The failure or delay of King Art to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.


This agreement constitutes the complete and exclusive agreement between King Art and User with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable, shall be deemed deleted and the rest of this agreement shall remain unaffected. The failure or delay of King Art to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.