Geplantes Veröffentlichungsdatum: Bevorstehende Ankündigung

1. GENERAL

This end user license agreement (the “License”), together with the terms of service (the “ToS”) and privacy policy (the “Privacy Policy”) which are hereby included by reference, is a legal agreement between you, the end-user, and Prism Studio ltd.
Any reference to “Prism Studio”, “We”, or “Us” in this License is to be understood as a reference to Prism Studio Games ltd., or any of its affiliated entities. Prism Studio Games ltd, is a legal entity operating under Maltese law and doing business as Prism Studio. The official seat of the company is at 22, EMERALD, FLAT 8, TRIQ GIOVANNI SCHRANZ,MSIDA MSD 1431 Malta. Prism Studio can be contacted via now@heptic.com

Terms in this License with a capital have been defined throughout this License and are to be understood as referring to said term.
To enter into this license agreement, you must be an adult of the legal age in your country of residence. If you are not of age, your parent or legal guardian must consent to this agreement.
If you agree to this License, you may install or run one copy of the game software (the “Game”) on your device for purposes of playing the Game in conjunction with the Game service provided by Us (the “Service”). Subject to your agreement to and continuing compliance with all terms and conditions of this License, the ToS and the Privacy Policy, We hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable, and royalty-free license, to install or run the Game on your computer or device and use the Game in conjunction with the Service. Any and all uses of the Game are subject to this License which you must accept before you can play the Game.
The Game and Service are provided for your individual, non-commercial, entertainment purposes only and may not be used for any other purpose or in any other way. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this License is expressly prohibited. You may not sell, copy, exchange, transfer, loan, translate, reverse engineer, decompile, derive source code from, lease, grant a security interest in, transfer, publish, assign, or otherwise distribute the Game, Service, or any other Prism Studio intellectual property, or anything you copy or derive from the Game, Service, or any other Prism Studio intellectual property, in whole or in part, unless you have been expressly authorized to do so by Us in a signed writing. You may install the Game on multiple computers and/or devices owned by you or under your legitimate control, but you may only play the Game on one computer or device at a time.

2. TECH REQUIREMENTS

You acknowledge that the use of the Game and the Service requires certain equipment, software and internet connectivity and you agree that you are solely and entirely responsible for attaining and paying all costs and fees associated with attaining, maintaining, servicing and repairing such equipment, software and internet connectivity necessary for you to access and/or use the Game or the Service. You also acknowledge that the equipment, software and connectivity required to use the Game and/or Service may change over time as the Game and the Service evolve. You agree that Prism Studio will have sole discretion as to what changes to the requirements are necessary to keep using the Game and the Service. You agree that in such an event it will be you who is solely responsible for acquiring any necessary additional or different equipment, software and internet connectivity required.

3. ADDITIONAL LICENSE LIMITATIONS

The limited License granted is subject to the additional limitations set forth below. Any use of the Game or the Service in violation of the license limitations set forth below is an unauthorized use outside of the license granted herein and will be regarded as an infringement of Prism Studio’ rights in copyright and other intellectual property rights in the Game or the Service.

Under the License you agree that you will not under any circumstances:
a) Sell, lease, rent, loan, sublicense or otherwise transfer the Game, or grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein (see Section 10);
b) Copy, reproduce, translate, reverse engineer, derive source code from, decompile or modify, disassemble, or create derivative works based upon, in whole or in part, the Game, except that you may make one (1) copy of the Game and any accompanying documentation for personal archival purposes only; and may use image and video capture software to capture the output of the Game software as audio, video and/or still image files solely for personal, non-commercial use pursuant to the ToS and applicable Prism Studio policies;
c) Violate any applicable law, rule or regulation in connection with your use of the Game or the Service;
d) Use or allow any other person or entity to use the Game or any parts, including without limitation the Service, for any commercial purpose not expressly set forth herein, including but not limited to (i) collecting, generating or advancing accounts or in-game resources, items or currency in exchange for payment or for sale outside of the Game, (ii) playing the Game in exchange for payment now or in the future;
e) Modify or cause to be modified any files that are a part of the Game or the Service in any way not expressly authorized by Us;
f) Use any third-party program that intercepts, mines or otherwise collects information from or through the Game or the Service, redirects any communication between the Game and Prism Studio, or reads areas of memory used by the Game to store information about the Game;
g) Disrupt or assist in the disruption of any device used to support the Game or Service or any other player’s experience (which may also be a violation of criminal and civil laws);
h) Host, provide, develop, facilitate, create or maintain any unauthorized connection or matchmaking services for the Game, including but not limited to connection to any unauthorized server that emulates or attempts to emulate the Service, for any purpose (e.g. play over the internet) intercept, emulate, or redirect communications or communication protocols used by or directed to or from Prism Studio, or connect to the Service using programs or tools that have not been provided or expressly approved by Prism Studio;
i) Remove, delete, alter or in any way change the copyright notices or any other proprietary legends incorporated in or attached to the Game and/or the Service.

4. OWNERSHIP

Prism Studio owns or has licensed all rights and title in and to the Game and the Service, and all data and content included therein, including without limitation accounts, titles, computer code, themes, objects, currencies, artifacts, characters, character names, character likenesses, character inventories and profile information, location, location names, stories, storylines, dialogue, catch phrases, concepts, artwork, graphics, structural and landscape designs, animations, sounds, musical recordings and compositions, audiovisual effects, methods of operation, moral rights, applets, chat transcripts, recordings and broadcasts of games and any related documentation (collectively the “Game Content”). The Game Content is protected by copyright and other intellectual property laws, treaties and conventions.
Prism Studio and its licensors reserve all rights in and in connection with the Game, the Service, and the Game Content, including without limitation, the exclusive right to create derivative works therefrom. You agree you will not create any work of authorship based on the Game or Game Content and that you will not use any of Prism Studio’ trademarks, service marks, tradenames, logo’s, domain names, taglines, or trade dress for any purposes, except as expressly permitted by Prism Studio in writing. Any reproduction, redistribution or modification of the Game, Service or any Game Content, or use of the Game or Service not in accordance with this License, is expressly prohibited.
You acknowledge and agree that you have no ownership, property, monetary or other interest in the Game or any feature or content of the Game, including without limitation the Game Content, your account, and you acknowledge and agree that all rights in and to all features and content of the Game are and shall forever be solely and exclusively owned by and inure to the benefit of Prism Studio.
The Game Content includes materials licensed from third parties which may seek to enforce their rights in the event you violate the terms of this License.

5. UPDATES

Prism Studio may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Prism Studio may update the Game remotely, and you hereby grant Prism Studio consent to deploy, download, install, and apply such patches, updates and modifications to your copy of the Game.


6. FAN WORK

You are permitted to create fan work regarding the Game and/or Service and are free to share them in a non-commercial manner. You will be solely responsible for the fan work you create and make public, and in doing so you will make sure to represent yourself in a truthful manner, and not as an official representative of Prism Studio.

7. WARRANTIES

The following warranties give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
Prism Studio warrants that it has the right to enter into this License and to grant you the license to use the Game and Service; that it will take reasonable care with the Game and Service and your use of them; and that it will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this License.
We do not warrant that the Game and Service or your ability to use it, will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this License. Nothing in this License limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part, or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Disclaimer of other Content. As a service to you, We may include with the Game third party drivers and other software utilities intended to assist you with installing and operating the Game (collectively “Drivers”). We specifically disclaim any warranties relating to the Drivers, and you agree that your use of the Drivers is at your own risk. The Drivers are not part of the Game and shall not be governed by the terms of this License, except for this disclaimer.

8. CHANGES TO THE GAME AND SERVICE

You agree that Prism Studio may change, modify, suspend, delay, limit, nerf, discontinue or restrict any aspect of the Game or Service, or your access to the Game or Service, including without limitation, any features or content of the Game or Service, and any hours of availability, content, data, software or equipment needed to access the Game or the Service, at any time. Prism Studio will notify you of such changes to the extent reasonably possible.

9. CHANGES TO THE LICENSE

Prism Studio reserves the right, at its sole and absolute discretion, to revise (e.g. update, change, modify, add to, supplement, or delete) any of the terms and conditions of this License from time to time as the Game, Service or the law evolve, in order to create new versions of the License.
You will be given an opportunity to review and accept any revised License which will supersede and replace the current License and will be effective upon your acceptance. If you accept the revised License and your account remains in good standing, then you will be able to continue playing the Game subject to the terms of the revised License. If you decline to accept the revised License, any revisions to the License are unacceptable to you, or you cannot comply with any term of the revised License, then you will no longer be permitted to play the Game and We reserve the right to terminate this License. Your continued use of the Game following any revision to the License constitutes your complete and irrevocable acceptance of all License revisions. If the Game requires an Update at the time you launch the Game, then you will have the opportunity to review and accept or reject the current version of the License, at that time.

10. TRANSFER OF THE LICENSE

You may make a one-time permanent transfer of all your rights to install and use the Game to another end-user provided that (a) the technical protections measures used by the Game support such transfer, (b) you also transfer this License and all copies of the Game (including your back-up copies to the extent you have made one), and (c) you retain no copies of the Game, upgrades, updates or prior versions. Such transfer may not include access to any online feature, service or functionality, or right thereto, unlocked or downloadable content that are limited to a user account and/or that are otherwise not transferable. Prism Studio may require that any end-user of the Game or Service register the Game online as a condition of use.

11. TERMINATION OF LICENSE

This License shall remain in effect for as long as you use, operate or run the Game.
You may terminate the License at any time and for any reason by notifying Prism Studio that you intend to terminate the agreement. Prism Studio may terminate this License at any time for any reason effective upon notice to you, termination or deletion of your account, or Prism Studio’ decision to permanently discontinue offering and/or supporting the Game and/or Service. Upon termination all licenses granted to you in this License shall immediately terminate and you must immediately and permanently remove the Game from your device and destroy all copies of the Game in your possession.
You understand and agree that certain Services connected to the Game, and the support and access to such Services are provided by Prism Studio at its discretion and may be terminated or otherwise discontinued by Prism Studio at any time, for any reason or no reason, in its sole and absolute discretion.

12. BETA VERSIONS

If you’ve acquired a ‘beta’ version of the Game, the following additional rules and conditions apply:
a) Beta versions are provided ‘as is’. You understand that they are a work in progress and Prism Studio does not warrant or guarantee their functionality, nor will Prism Studio bear any liability if the software isn’t working properly or causes issues;
b) Access and availability to beta versions are time-limited;
c) You may be asked to provide feedback to help us identify and understand issues that the Game encounters, and Prism Studio will be free to use any feedback shared by you.

13. USER GAMEPLAY INFORMATION

The term “User Game Information” means any information relating to your play or use of the Game, including your gameplay statistics, preferred strategies and in-game choices, history of technical issues and support usage, as well as game settings and hardware specs of the device(s) You use to play the Game.
You acknowledge and agree that Prism Studio may collect, store and share User Game Information collected from you, both as an individual and aggregated with the User Game Information of other users of the Game. User Game Information will be collected anonymously. In addition, you acknowledge and agree that Prism Studio may analyse and use such User Game Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Prism Studio products and services.

14. CHOICE OF LAW AND VENUE

In case of any claim, dispute, controversy or disagreement (a “Dispute”) in connection with this License, you agree to first attempt to settle any Dispute in an informal manner, to expedite resolution and control the costs. Thus, in case of a Dispute, you agree to negotiate in good faith with Prism Studio for at least thirty (30) calendar days prior to initiating any court proceeding. Informal negotiations will be assumed to commence upon Prism Studio’ first response to your written submission of a Dispute to Prism Studio via now@heptic.com.
THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MALTESE LAW, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL BE IN MALTA, AND YOU AGREE TO SUBMIT TO THE ARBRITRATION IN MALTA AT THE MALTA ARBITRATION CENTRE AND UNDER THE MALTA ARBITRATION CENTRE’S RULES.

15. MISCELLANEOUS.

Nothing herein shall be deemed to supersede or derogate from Prism Studio' remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you and Prism Studio with respect to the use of the Game and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Game or any other subject matter covered by this License.

16. LANGUAGES

For all purposes, this English language version of the License shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version and any translation made available by the Prism Studio, the English language version shall govern and control.