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END USER AGREEMENT (the “EUA”)
ACCEPTING THE TERMS
Under this EUA, "Application" means all software programs distributed and published by IdeaSpark
Labs Inc. (operating as “Beamdog”) (the "Vendor") including, but not limited to: (a) downloadable/
installable games for personal computers and mobile devices; (b) games accessed on Vendor’s
website by means of a web browser or other online communication method; (c) updates and
upgrades to the foregoing as well as any accompanying manual(s), packaging and other written
files, electronic or online materials or documentation, and (d) all copies of such software and its
materials.
This EUA regulates the rights, obligations, and restrictions related to your use (the “End User" or
“you”) of the Application either (a) on the basis of a personal, non-exclusive, non-transferable, non-
sublicenseable, perpetual (subject to termination as provided herein) license granted by Vendor to
you to install and use the Application (the “License”), or (b) by Vendor making the Application
available for use by you as a software-as-a-service through your web browser’s access to Vendor’s
website (“SaaS”), together with other online services provided by the Vendor to you that are
available on its website (the “Services"). Your License, SaaS, Services and the Content (as defined
below) are subject to this EUA that automatically applies to any use by you of the License, SaaS,
Services and the Content. “Content” means in-game cosmetic items, and updated rules and map
packs, which shall be included in and form part of your Account.
If you do not agree with this EUA, DO NOT CONTINUE your use of the License, SaaS, Content or
the Services.
Using the License, SaaS, Services or Content, in whole or in part, implies that you agree to the
terms of this EUA, Vendor’s privacy policy regarding personal information available at https://
www.beamdog.com/about/privacy (hereinafter, the "Privacy Policy"), all other notices of
advertisement, and other terms, in particular, the licensing and other terms from the App Stores and
the game rules, where applicable, throughout your use of the Application.
The LEGAL GUARDIAN of a CHILD or MINOR accepts this EUA relating to the use of the
Application by a minor by giving your approval to allow your child or a minor under your
responsibility to register for the use of one of our Services.
Title to and all intellectual property rights in and to, and distribution rights of, the Application
remain exclusively with the Vendor and/or its licensors. Intellectual property rights include the
“look and feel” of the Application. This EUA constitutes a right to use the Application and
Content either as a License or SaaS, and the Services and is not in any way a transfer of
ownership rights to the Application.
Vendor reserves the right, at any time, to modify this EUA, whether by making additions or deletions.
Any changes to this EUA shall either be (a) posted to Vendor’s website at http://
www.axisandalliesonline.com/eua or (b) sent to you as a push notification during your use of the
Application. Your continued use of the Application following Vendor’s notification to you will
constitute your agreement to the changes to the EUA, and it is your responsibility to periodically
check the terms of the Vendor’s website from time to time for any changes that may have been
made to the EUA.
The Application may not be modified, reverse-engineered, or de-compiled in any manner
through available technologies.
Failure to comply with any of the terms under this section of the EUA will be a material breach of
this EUA.
ACCESS AND ACCOUNT REGISTRATION
In order to be able to access and use certain functions of the Services, you will be asked to
proceed with the creation of an AXIS & ALLIES 1942 ONLINE account (hereinafter, the “Account").
You undertake to supply truthful, complete and accurate information about the Account holder.
To access the Services, you must meet the age criteria. Certain Services may also require the
creation of a user name (defined as a series of alphanumeric characters acting as a unique
means of identifying yourself on an Internet site, namely a screen name, the "User Name")
and/or a password. The User Name is also subject to this EUA, and it must comply with the
Rules of Conduct, which apply to your use of the Application as a License or SaaS and your use
of the Services on the Internet.
You agree to your User Name being publicly displayed in the course of your use of the Services.
Vendor recommends that you not use your real name within the contents of the User Name.
For all other personal information of yours that can be publicly displayed, please refer to our
Privacy Policy.
Vendor will never initiate contact with you to ask you for your password or other similar
credentials, if any, used for personal security purposes. Any use of your Account, and in
particular one that involves any online purchase, is deemed to be carried out by the Account
holder.
You shall not claim or imply to be any other person or entity, by providing false information
concerning a parent, legal guardian or any other person by your use of the User Name.
Vendor may take action to check the accuracy of the information you provide, where applicable,
by using the email address you have provided to the Vendor, including the identification of
yourself as a legal guardian. In order to prevent risk of fraud, you agree to send the necessary
authorizations and supporting documents to Vendor on request by email, fax, or post.
LICENSE FEE
The original purchase price paid by the End User for the License or SaaS will constitute the
entire fee and is the full consideration for this EUA.
LIMITATION OF LIABILITY
The Application is provided by the Vendor and accepted by the End User "as is" and, except as
set forth below, without any warranties. Liability of the Vendor, if any, for direct damages will be
limited to the maximum of the original purchase price of the (a) License to use the Application,
(b) SaaS and/or (c) Services. The Vendor will not be liable for any special, incidental or
consequential damages including, but not limited to, loss of production, loss of profits, loss of
revenue, loss of data, or any other business or economic losses or damages suffered by the
End User arising out of the use or failure to use the Application or Services, or both.
The Vendor makes no warranty expressed or implied regarding the fitness of the Application for
a particular purpose or that the Application will be suitable or appropriate for the specific
requirements of the End User.
The Vendor does not warrant that use of the Application will be uninterrupted or error-free. The
End User accepts that software in general is prone to bugs and flaws within an acceptable level
as determined in the industry.
The Vendor may remedy any non-conforming Application by providing a refund of the purchase
price or, at the Vendor's option, repairing or replacing any or all of the defective Application.
WARRANTIES AND REPRESENTATIONS
The Vendor warrants and represents that it has the right to grant the License to you or, in the
case of your use of the Application as SaaS, the right to provide the Application to you. The
Vendor warrants that granting the right to use the Application (either as a License or SaaS) and
Services is not in violation of any other agreement, copyright or applicable statute.
ACCEPTANCE
All terms, conditions and obligations of this EUA will be deemed to be accepted by the End User
("Acceptance") on installation of the Application on the first computer or other computing
device, or your initial use of the Application as SaaS.
TERM
The term of this EUA will begin on Acceptance and is perpetual.
TERMINATION
This EUA will be terminated and the License, SaaS and the use of the Content and Services
shall be forfeited where the End User has failed to comply with any of the terms of this EUA. On
termination of this EUA for any reason, the End User will promptly destroy the Application and
all access to and rights of use to the Application (through the License or SaaS) and the Services
will be removed by the Vendor.
FORCE MAJEURE
The Vendor will be free of liability to the End User where the Vendor is prevented from
performing its obligations under this EUA in whole or in part due to events of Force Majeure that
are beyond its reasonable control, such as earthquake, typhoon, flood, fire, and war or any
other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate
action to avoid the occurrence of such an event.
ADDITIONAL TERMS
This License and SaaS allows you to operate only one instance of the Application at any given
time. Concurrent operation is not allowed and will constitute a material breach of this EUA.
The SaaS and Services allow the Vendor to utilize the upload capability of the End User through
the Vendor Player to improve the Services for the End User and other users. The End User
agrees there is no compensation for this usage. The “Vendor Player” is a game distribution
client application that Vendor distributes free as a part of the Services and that automates
software updating of the Application for the End User.
RULES OF CONDUCT
You will undertake not to directly or indirectly:
● Use within the framework of the Services any element or content which would infringe on
the intellectual and industrial property rights, right to privacy and/or image rights, and/or
any other rights of others
● Create, use, share, and/or publish by any means (forum, social media, public profile, or
other means) within the framework of the Services any material (text, words, images,
sounds, videos, etc.) or content which, in Vendor’s opinion, is abusive, threatening,
malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist,
xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in
any other way unacceptable
● Create, use, share, and/or publish by any means (forum, social media, public profile, or
other means) within the framework of the Services any material (text, words, images,
sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality
or which would incite the committing of an unlawful act (in particular: piracy, hacking, or
circulation of counterfeit software)
● Conduct activities aimed at accessing elements or functions of the Services which use
has not been authorized by Vendor
● Arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information,
software, product, or other element or part of the Content or Services, by any means
without Vendor’s prior written permission
● Modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal
functioning of all or part of the Services, or their accessibility to other end users, or the
functioning of the partner networks of the Services, or attempt to do any of the above
● Transmit or propagate any virus, Trojan horse, worm, corrupted file(s), and/or similar
destructive device or corrupted data within the framework of the Services, and/or
organize, participate in, or be involved in any way in an attack on Vendor's servers and/
or the Services and/or those of its service providers and partners
● Create, use, and/or circulate "auto", "macro", or other cheat, hack, mod, trainer, or bot
programs or software applications, and/or use the Services via a mirror site
● Create or supply other means enabling use of the Services by other persons
● Harass other end users of the Services, send them unsolicited messages for commercial
prospecting purposes, use the Services for purposes of surveys, competitions, pyramid
selling or similar operations, or for sending mass emails, spam, or any unsolicited
advertising or promotional items, for commercial purposes or otherwise
● Use another end user’s account, assume another person's identity, or present false
credentials in relation to any natural or legal person within the framework of the Services
or while using of the Services
● Use any means not expressly permitted by Vendor to collect or intercept data exchanged
by other end users within the framework of the Services, or the names/screen names
and/or passwords of any other end user;
● Attempt to obtain a password, information concerning an Account or other information of
a private nature from any other end user of the Services
● Make inappropriate use of the game customer support service to send untruthful reports
to members of Vendor's personnel and/or those of its service providers and partners
● Access, use, download from the Services, or otherwise reproduce or supply to anyone
(free of charge or in return for payment) any directory of end users of the Services or any
other information concerning end users or use of the Services
● Refuse to obey the instructions of any Vendor representative, and/or impersonate any
employee or representative of Vendor, its partners, service providers, and/or agents.
By using the Services, you agree to the RULES OF CONDUCT listed above. If you are found in
breach of the RULES OF CONDUCT you could face the following risks, at Vendor’s sole
discretion: the freezing of your Account, resetting of your game scores and rankings, and/or the
deletion of your Account.
GOVERNING LAW
The parties to this EUA submit to the jurisdiction of the courts of the Province of Alberta for the
enforcement of this EUA or any arbitration award or decision arising from this EUA. This EUA
will be enforced or construed according to the laws of the Province of Alberta without reference
to its conflicts of law principles.
MISCELLANEOUS
This EUA does not create or imply any relationship in agency, joint venture or partnership
between the Vendor and the End User.
Headings are inserted for the convenience of the parties only and are not to be considered
when interpreting this EUA. Words in the singular mean and include the plural and vice versa.
Words in the masculine gender include the feminine gender and vice versa. Words in the neuter
gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this EUA is held by a court of competent
jurisdiction to be invalid, void or unenforceable, it is the parties' intention that such provision be
reduced in scope by the court only to the extent deemed necessary by that court to render the
provision reasonable and enforceable and the remainder of the provisions of this EUA will in no
way be affected, impaired or invalidated as a result.
This EUA contains the entire agreement between the parties. All understandings have been
included in this EUA. Representations which may have been made by either party to this EUA
may in some way be inconsistent with this EUA. All such statements are declared to have no
legal force or effect in this EUA. Only the written terms of this EUA will bind the parties.
This EUA applies to and is binding upon the Vendor's successors and assigns.
NOTICES
All notices to the Vendor under this EUA shall be provided to it at the following address:
Beamdog c/o IdeaSpark Labs
#300 10508 82 Ave.
Edmonton, Alberta, Canada
T6H 2A4
ACCEPTING THE TERMS
Under this EUA, "Application" means all software programs distributed and published by IdeaSpark
Labs Inc. (operating as “Beamdog”) (the "Vendor") including, but not limited to: (a) downloadable/
installable games for personal computers and mobile devices; (b) games accessed on Vendor’s
website by means of a web browser or other online communication method; (c) updates and
upgrades to the foregoing as well as any accompanying manual(s), packaging and other written
files, electronic or online materials or documentation, and (d) all copies of such software and its
materials.
This EUA regulates the rights, obligations, and restrictions related to your use (the “End User" or
“you”) of the Application either (a) on the basis of a personal, non-exclusive, non-transferable, non-
sublicenseable, perpetual (subject to termination as provided herein) license granted by Vendor to
you to install and use the Application (the “License”), or (b) by Vendor making the Application
available for use by you as a software-as-a-service through your web browser’s access to Vendor’s
website (“SaaS”), together with other online services provided by the Vendor to you that are
available on its website (the “Services"). Your License, SaaS, Services and the Content (as defined
below) are subject to this EUA that automatically applies to any use by you of the License, SaaS,
Services and the Content. “Content” means in-game cosmetic items, and updated rules and map
packs, which shall be included in and form part of your Account.
If you do not agree with this EUA, DO NOT CONTINUE your use of the License, SaaS, Content or
the Services.
Using the License, SaaS, Services or Content, in whole or in part, implies that you agree to the
terms of this EUA, Vendor’s privacy policy regarding personal information available at https://
www.beamdog.com/about/privacy (hereinafter, the "Privacy Policy"), all other notices of
advertisement, and other terms, in particular, the licensing and other terms from the App Stores and
the game rules, where applicable, throughout your use of the Application.
The LEGAL GUARDIAN of a CHILD or MINOR accepts this EUA relating to the use of the
Application by a minor by giving your approval to allow your child or a minor under your
responsibility to register for the use of one of our Services.
Title to and all intellectual property rights in and to, and distribution rights of, the Application
remain exclusively with the Vendor and/or its licensors. Intellectual property rights include the
“look and feel” of the Application. This EUA constitutes a right to use the Application and
Content either as a License or SaaS, and the Services and is not in any way a transfer of
ownership rights to the Application.
Vendor reserves the right, at any time, to modify this EUA, whether by making additions or deletions.
Any changes to this EUA shall either be (a) posted to Vendor’s website at http://
www.axisandalliesonline.com/eua or (b) sent to you as a push notification during your use of the
Application. Your continued use of the Application following Vendor’s notification to you will
constitute your agreement to the changes to the EUA, and it is your responsibility to periodically
check the terms of the Vendor’s website from time to time for any changes that may have been
made to the EUA.
The Application may not be modified, reverse-engineered, or de-compiled in any manner
through available technologies.
Failure to comply with any of the terms under this section of the EUA will be a material breach of
this EUA.
ACCESS AND ACCOUNT REGISTRATION
In order to be able to access and use certain functions of the Services, you will be asked to
proceed with the creation of an AXIS & ALLIES 1942 ONLINE account (hereinafter, the “Account").
You undertake to supply truthful, complete and accurate information about the Account holder.
To access the Services, you must meet the age criteria. Certain Services may also require the
creation of a user name (defined as a series of alphanumeric characters acting as a unique
means of identifying yourself on an Internet site, namely a screen name, the "User Name")
and/or a password. The User Name is also subject to this EUA, and it must comply with the
Rules of Conduct, which apply to your use of the Application as a License or SaaS and your use
of the Services on the Internet.
You agree to your User Name being publicly displayed in the course of your use of the Services.
Vendor recommends that you not use your real name within the contents of the User Name.
For all other personal information of yours that can be publicly displayed, please refer to our
Privacy Policy.
Vendor will never initiate contact with you to ask you for your password or other similar
credentials, if any, used for personal security purposes. Any use of your Account, and in
particular one that involves any online purchase, is deemed to be carried out by the Account
holder.
You shall not claim or imply to be any other person or entity, by providing false information
concerning a parent, legal guardian or any other person by your use of the User Name.
Vendor may take action to check the accuracy of the information you provide, where applicable,
by using the email address you have provided to the Vendor, including the identification of
yourself as a legal guardian. In order to prevent risk of fraud, you agree to send the necessary
authorizations and supporting documents to Vendor on request by email, fax, or post.
LICENSE FEE
The original purchase price paid by the End User for the License or SaaS will constitute the
entire fee and is the full consideration for this EUA.
LIMITATION OF LIABILITY
The Application is provided by the Vendor and accepted by the End User "as is" and, except as
set forth below, without any warranties. Liability of the Vendor, if any, for direct damages will be
limited to the maximum of the original purchase price of the (a) License to use the Application,
(b) SaaS and/or (c) Services. The Vendor will not be liable for any special, incidental or
consequential damages including, but not limited to, loss of production, loss of profits, loss of
revenue, loss of data, or any other business or economic losses or damages suffered by the
End User arising out of the use or failure to use the Application or Services, or both.
The Vendor makes no warranty expressed or implied regarding the fitness of the Application for
a particular purpose or that the Application will be suitable or appropriate for the specific
requirements of the End User.
The Vendor does not warrant that use of the Application will be uninterrupted or error-free. The
End User accepts that software in general is prone to bugs and flaws within an acceptable level
as determined in the industry.
The Vendor may remedy any non-conforming Application by providing a refund of the purchase
price or, at the Vendor's option, repairing or replacing any or all of the defective Application.
WARRANTIES AND REPRESENTATIONS
The Vendor warrants and represents that it has the right to grant the License to you or, in the
case of your use of the Application as SaaS, the right to provide the Application to you. The
Vendor warrants that granting the right to use the Application (either as a License or SaaS) and
Services is not in violation of any other agreement, copyright or applicable statute.
ACCEPTANCE
All terms, conditions and obligations of this EUA will be deemed to be accepted by the End User
("Acceptance") on installation of the Application on the first computer or other computing
device, or your initial use of the Application as SaaS.
TERM
The term of this EUA will begin on Acceptance and is perpetual.
TERMINATION
This EUA will be terminated and the License, SaaS and the use of the Content and Services
shall be forfeited where the End User has failed to comply with any of the terms of this EUA. On
termination of this EUA for any reason, the End User will promptly destroy the Application and
all access to and rights of use to the Application (through the License or SaaS) and the Services
will be removed by the Vendor.
FORCE MAJEURE
The Vendor will be free of liability to the End User where the Vendor is prevented from
performing its obligations under this EUA in whole or in part due to events of Force Majeure that
are beyond its reasonable control, such as earthquake, typhoon, flood, fire, and war or any
other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate
action to avoid the occurrence of such an event.
ADDITIONAL TERMS
This License and SaaS allows you to operate only one instance of the Application at any given
time. Concurrent operation is not allowed and will constitute a material breach of this EUA.
The SaaS and Services allow the Vendor to utilize the upload capability of the End User through
the Vendor Player to improve the Services for the End User and other users. The End User
agrees there is no compensation for this usage. The “Vendor Player” is a game distribution
client application that Vendor distributes free as a part of the Services and that automates
software updating of the Application for the End User.
RULES OF CONDUCT
You will undertake not to directly or indirectly:
● Use within the framework of the Services any element or content which would infringe on
the intellectual and industrial property rights, right to privacy and/or image rights, and/or
any other rights of others
● Create, use, share, and/or publish by any means (forum, social media, public profile, or
other means) within the framework of the Services any material (text, words, images,
sounds, videos, etc.) or content which, in Vendor’s opinion, is abusive, threatening,
malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist,
xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in
any other way unacceptable
● Create, use, share, and/or publish by any means (forum, social media, public profile, or
other means) within the framework of the Services any material (text, words, images,
sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality
or which would incite the committing of an unlawful act (in particular: piracy, hacking, or
circulation of counterfeit software)
● Conduct activities aimed at accessing elements or functions of the Services which use
has not been authorized by Vendor
● Arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information,
software, product, or other element or part of the Content or Services, by any means
without Vendor’s prior written permission
● Modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal
functioning of all or part of the Services, or their accessibility to other end users, or the
functioning of the partner networks of the Services, or attempt to do any of the above
● Transmit or propagate any virus, Trojan horse, worm, corrupted file(s), and/or similar
destructive device or corrupted data within the framework of the Services, and/or
organize, participate in, or be involved in any way in an attack on Vendor's servers and/
or the Services and/or those of its service providers and partners
● Create, use, and/or circulate "auto", "macro", or other cheat, hack, mod, trainer, or bot
programs or software applications, and/or use the Services via a mirror site
● Create or supply other means enabling use of the Services by other persons
● Harass other end users of the Services, send them unsolicited messages for commercial
prospecting purposes, use the Services for purposes of surveys, competitions, pyramid
selling or similar operations, or for sending mass emails, spam, or any unsolicited
advertising or promotional items, for commercial purposes or otherwise
● Use another end user’s account, assume another person's identity, or present false
credentials in relation to any natural or legal person within the framework of the Services
or while using of the Services
● Use any means not expressly permitted by Vendor to collect or intercept data exchanged
by other end users within the framework of the Services, or the names/screen names
and/or passwords of any other end user;
● Attempt to obtain a password, information concerning an Account or other information of
a private nature from any other end user of the Services
● Make inappropriate use of the game customer support service to send untruthful reports
to members of Vendor's personnel and/or those of its service providers and partners
● Access, use, download from the Services, or otherwise reproduce or supply to anyone
(free of charge or in return for payment) any directory of end users of the Services or any
other information concerning end users or use of the Services
● Refuse to obey the instructions of any Vendor representative, and/or impersonate any
employee or representative of Vendor, its partners, service providers, and/or agents.
By using the Services, you agree to the RULES OF CONDUCT listed above. If you are found in
breach of the RULES OF CONDUCT you could face the following risks, at Vendor’s sole
discretion: the freezing of your Account, resetting of your game scores and rankings, and/or the
deletion of your Account.
GOVERNING LAW
The parties to this EUA submit to the jurisdiction of the courts of the Province of Alberta for the
enforcement of this EUA or any arbitration award or decision arising from this EUA. This EUA
will be enforced or construed according to the laws of the Province of Alberta without reference
to its conflicts of law principles.
MISCELLANEOUS
This EUA does not create or imply any relationship in agency, joint venture or partnership
between the Vendor and the End User.
Headings are inserted for the convenience of the parties only and are not to be considered
when interpreting this EUA. Words in the singular mean and include the plural and vice versa.
Words in the masculine gender include the feminine gender and vice versa. Words in the neuter
gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this EUA is held by a court of competent
jurisdiction to be invalid, void or unenforceable, it is the parties' intention that such provision be
reduced in scope by the court only to the extent deemed necessary by that court to render the
provision reasonable and enforceable and the remainder of the provisions of this EUA will in no
way be affected, impaired or invalidated as a result.
This EUA contains the entire agreement between the parties. All understandings have been
included in this EUA. Representations which may have been made by either party to this EUA
may in some way be inconsistent with this EUA. All such statements are declared to have no
legal force or effect in this EUA. Only the written terms of this EUA will bind the parties.
This EUA applies to and is binding upon the Vendor's successors and assigns.
NOTICES
All notices to the Vendor under this EUA shall be provided to it at the following address:
Beamdog c/o IdeaSpark Labs
#300 10508 82 Ave.
Edmonton, Alberta, Canada
T6H 2A4