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upjers GmbH – End-User License Agreement
Please read this end-user license agreement carefully.
It constitutes a binding agreement between you and the upjers GmbH, seated at Hafenstraße 13, 96052 Bamberg, Germany (https://en.upjers.com/imprint). You can inform yourself about our handling of personal data in our data privacy statement (https://en.upjers.com/privacy).
If you accept the end-user license agreement and download the software and use the game, you are obligated to adhere to the following terms and conditions.
§ 1 Subject Matter of the Contract
The contractual object of this end-user license agreement is the granting of limited rights for the use of a computer game over the internet (“game”) to a natural person of full legal capacity (“end-user”) for non-commercial purposes.
§ 2 Grant of License
1. upjers grants the end-user the simple, nonsublicensable right to install and run the game in accordance with its intended purpose for the duration of the contract.
2. The end-user is not permitted to sell the Software, lease it to or otherwise pass it on to third parties. Any login data, especially passwords, are to be selected with utmost care and not to be made accessible to third parties.
3. The end-user may only reproduce the game in as far as the intended use allows. Necessary reproduction includes loading the game or its component into random access memory; however it does not include the installation or saving of the game on data mediums of hardware used by the end-user, even if just temporarily.
4. The end-user is not permitted to remove or circumvent the protective mechanisms in place to prevent unauthorized use, unless this is necessary to ensure the error-free utilization of the program.
5. The intellectual property and other proprietary rights to the game remain with upjers and its licensors. The end-user explicitly recognizes the intellectual property and the proprietary rights associated therewith of upjers and its licensors to software, content, security copies and documentation.
§ 3 Term and Termination
1. upjers grants use of the game for an indefinite period of time.
2. Both parties are entitled to ordinarily terminate this agreement at any time without proper notice.
3. upjers is authorized to terminate the end-user license agreement giving one month's notice to the end of a calendar month in the case of the game being shut down.
4. Furthermore, either party may terminate the end-user license agreement for cause without prior notice.
5. The conceded right of use expires upon termination of the end-user license agreement. The end-user is obligated to stop playing and delete the software from their computer without delay.
§ 4 Support
1. upjers provides support services via the internet for end-users. These encompasses the answering of questions or the fixing of problems in the game via the support form (https://support.upjers.com/en/) or e-mail (support@upjers.com).
2. If the end-user notices an error in the game, they are to immediately report it to upjers’ customer service.
3. Providing support services occurs solely at the discretion of upjers. These support services are not not be seen as guaranty commitments or warranty measures.
§ 5 Warranty
1. upjers agrees to provide the game in the latest version via the internet. The end-user has no right to demand the maintenance of the game version available at the time of contract agreement.
2. The end-user has to ensure the technical requirements, especially suitable hardware and a working internet connection, for the use of the game on their own.
3. Technical data, specifications and performance data stated in public statement, in particular in advertising media, shall not constitute details of quality.
4. It should be noted that full, uninterrupted access of the game at any time is not possible. However, upjers guarantees an average annual uptime of 92% (ninety-two percent). This excludes times when the server is unavailable over the internet due to technical or other issues outside of upjers’ influence (fault majeure, acts of third parties, etc.), or at times when routine maintenance is being performed. upjers may limit access to the game to the extent that the security of network operation, maintenance of network integrity, and, in particular, the avoidance of serious disturbances of the network, the software, or stored data so demands.
5. Any additional claims, including but not limited to claims for damages caused by external influences (force majeure, etc.) which are beyond upjers' control, operating errors by the end-user, changes and manipulation of the software not conducted by upjers or the end-user, by shall be ruled out.
§ 6 Liability
1. upjers is liable for intentional acts and gross negligence.
2. In any case of slight negligence upjers will only be liable for breaches of cardinal contractual duties, without the fulfillment of which due performance of the contract would not be possible and on whose fulfillment the contract partner could reasonably rely on, as well as injuries of life, limb or health.
3. The liability shall be restricted in the case of slight negligence collectively to the amount of the foreseeable damage the emergence of which has to be typically expected. Therefore, in each case, the liability shall be limited to four times the license fee. This does not apply to injuries of life, limb or health.
4. upjers will exercise the normal care and diligence customary for the industry. When determining if upjers is liable, it must be taken into consideration that software can never be completely error-free due to technical reasons.
5. upjers is not liable for the loss of data and/or programs if the damage is a result of the end-user neglecting to carry out a backup and by doing so ensuring that lost data can be restored at a justified loss of time.
6. The aforementioned provisions shall apply also in favor of the vicarious agents of upjers.
7. upjers does not assume any warranties in a legal meaning, unless expressly agreed otherwise in writing.
8. Compensation, regardless of fault, for defects that already existed when the contract was closed is excluded.
9. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
10. No change of burden of proof to the disadvantage of the end-user is connected with the preceding provisions.
§ 6 Reservation of Changes
upjers reserves the right to change or amend the end-user license agreement in the future as far as this appears necessary (for example, if laws are changed) as long as the user is not exposed to any unreasonable disadvantage through the changes. The end-user will be notified of any changes in writing. The end-user is entitled to object to the changes in writing (e-mail) within a period of one month after receiving the notification. If the end-user does not object to the changes within the one-month period after receiving the notification, or continues to use the software, the changed or amended conditions will become effective. If the end-user objects within the one-month period, both parties are entitled to terminate the contract.
§ 7 Final Provisions
1. Should individual provisions of this agreement become wholly or partly invalid or inapplicable, this shall not affect the validity of the remaining provisions.
2. No side agreements exist for this contract. Alterations and amendments to this contract must be made in writing. This formal requirement can only be waived in writing.
3. The laws of the Federal Republic of Germany shall apply with the exception of the rules of conflict of laws. Provisions aimed at protecting consumers which would have been applicable without a choice of law and which cannot be derogated from by contract remain unaffected.
4. Sole venue for all disputes out of or in conjunction with this contract shall be head office of upjers, should the end-user move their domicile or usual place of residence away from the Federal Republic of Germany after the conclusion of the contract or their place of residency is unknown at the time a claim is filed.
Last revised: October 22, 2018
Please read this end-user license agreement carefully.
It constitutes a binding agreement between you and the upjers GmbH, seated at Hafenstraße 13, 96052 Bamberg, Germany (https://en.upjers.com/imprint). You can inform yourself about our handling of personal data in our data privacy statement (https://en.upjers.com/privacy).
If you accept the end-user license agreement and download the software and use the game, you are obligated to adhere to the following terms and conditions.
§ 1 Subject Matter of the Contract
The contractual object of this end-user license agreement is the granting of limited rights for the use of a computer game over the internet (“game”) to a natural person of full legal capacity (“end-user”) for non-commercial purposes.
§ 2 Grant of License
1. upjers grants the end-user the simple, nonsublicensable right to install and run the game in accordance with its intended purpose for the duration of the contract.
2. The end-user is not permitted to sell the Software, lease it to or otherwise pass it on to third parties. Any login data, especially passwords, are to be selected with utmost care and not to be made accessible to third parties.
3. The end-user may only reproduce the game in as far as the intended use allows. Necessary reproduction includes loading the game or its component into random access memory; however it does not include the installation or saving of the game on data mediums of hardware used by the end-user, even if just temporarily.
4. The end-user is not permitted to remove or circumvent the protective mechanisms in place to prevent unauthorized use, unless this is necessary to ensure the error-free utilization of the program.
5. The intellectual property and other proprietary rights to the game remain with upjers and its licensors. The end-user explicitly recognizes the intellectual property and the proprietary rights associated therewith of upjers and its licensors to software, content, security copies and documentation.
§ 3 Term and Termination
1. upjers grants use of the game for an indefinite period of time.
2. Both parties are entitled to ordinarily terminate this agreement at any time without proper notice.
3. upjers is authorized to terminate the end-user license agreement giving one month's notice to the end of a calendar month in the case of the game being shut down.
4. Furthermore, either party may terminate the end-user license agreement for cause without prior notice.
5. The conceded right of use expires upon termination of the end-user license agreement. The end-user is obligated to stop playing and delete the software from their computer without delay.
§ 4 Support
1. upjers provides support services via the internet for end-users. These encompasses the answering of questions or the fixing of problems in the game via the support form (https://support.upjers.com/en/) or e-mail (support@upjers.com).
2. If the end-user notices an error in the game, they are to immediately report it to upjers’ customer service.
3. Providing support services occurs solely at the discretion of upjers. These support services are not not be seen as guaranty commitments or warranty measures.
§ 5 Warranty
1. upjers agrees to provide the game in the latest version via the internet. The end-user has no right to demand the maintenance of the game version available at the time of contract agreement.
2. The end-user has to ensure the technical requirements, especially suitable hardware and a working internet connection, for the use of the game on their own.
3. Technical data, specifications and performance data stated in public statement, in particular in advertising media, shall not constitute details of quality.
4. It should be noted that full, uninterrupted access of the game at any time is not possible. However, upjers guarantees an average annual uptime of 92% (ninety-two percent). This excludes times when the server is unavailable over the internet due to technical or other issues outside of upjers’ influence (fault majeure, acts of third parties, etc.), or at times when routine maintenance is being performed. upjers may limit access to the game to the extent that the security of network operation, maintenance of network integrity, and, in particular, the avoidance of serious disturbances of the network, the software, or stored data so demands.
5. Any additional claims, including but not limited to claims for damages caused by external influences (force majeure, etc.) which are beyond upjers' control, operating errors by the end-user, changes and manipulation of the software not conducted by upjers or the end-user, by shall be ruled out.
§ 6 Liability
1. upjers is liable for intentional acts and gross negligence.
2. In any case of slight negligence upjers will only be liable for breaches of cardinal contractual duties, without the fulfillment of which due performance of the contract would not be possible and on whose fulfillment the contract partner could reasonably rely on, as well as injuries of life, limb or health.
3. The liability shall be restricted in the case of slight negligence collectively to the amount of the foreseeable damage the emergence of which has to be typically expected. Therefore, in each case, the liability shall be limited to four times the license fee. This does not apply to injuries of life, limb or health.
4. upjers will exercise the normal care and diligence customary for the industry. When determining if upjers is liable, it must be taken into consideration that software can never be completely error-free due to technical reasons.
5. upjers is not liable for the loss of data and/or programs if the damage is a result of the end-user neglecting to carry out a backup and by doing so ensuring that lost data can be restored at a justified loss of time.
6. The aforementioned provisions shall apply also in favor of the vicarious agents of upjers.
7. upjers does not assume any warranties in a legal meaning, unless expressly agreed otherwise in writing.
8. Compensation, regardless of fault, for defects that already existed when the contract was closed is excluded.
9. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
10. No change of burden of proof to the disadvantage of the end-user is connected with the preceding provisions.
§ 6 Reservation of Changes
upjers reserves the right to change or amend the end-user license agreement in the future as far as this appears necessary (for example, if laws are changed) as long as the user is not exposed to any unreasonable disadvantage through the changes. The end-user will be notified of any changes in writing. The end-user is entitled to object to the changes in writing (e-mail) within a period of one month after receiving the notification. If the end-user does not object to the changes within the one-month period after receiving the notification, or continues to use the software, the changed or amended conditions will become effective. If the end-user objects within the one-month period, both parties are entitled to terminate the contract.
§ 7 Final Provisions
1. Should individual provisions of this agreement become wholly or partly invalid or inapplicable, this shall not affect the validity of the remaining provisions.
2. No side agreements exist for this contract. Alterations and amendments to this contract must be made in writing. This formal requirement can only be waived in writing.
3. The laws of the Federal Republic of Germany shall apply with the exception of the rules of conflict of laws. Provisions aimed at protecting consumers which would have been applicable without a choice of law and which cannot be derogated from by contract remain unaffected.
4. Sole venue for all disputes out of or in conjunction with this contract shall be head office of upjers, should the end-user move their domicile or usual place of residence away from the Federal Republic of Germany after the conclusion of the contract or their place of residency is unknown at the time a claim is filed.
Last revised: October 22, 2018