Last updated on July 11, 2018

Voronium End User License Agreement

Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software, including any Services you access or purchases you make through the Software. By downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use this Software.

Please review Gamalocus’s Privacy Policy found at https://www.gamalocus.com/privacypolicy, which also governs your use of the Services, to understand our practices. In addition, your use of the Services is also governed by Gamalocus’s Terms of Service, which may be found at https://www.gamalocus.com/tos. By downloading or using the Software, you also agree to Gamalocus’s Terms of Service and acknowledge that you have read Gamalocus’s Privacy Policy.

Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 14.

Your agreement is with Gamalocus Studios ApS, Holmevej 83, 2860 Søborg, Denmark.

1. License Grant

Gamalocus grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Software on a device for your personal entertainment use (the “License”). The rights that Gamalocus grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.

The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.

2. License Conditions

You may not do any of the following with respect to the Software or any of its parts:

(a) use it commercially or for a promotional purpose;
(b) use it on more than one device at a time;
(c) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement;
(d) sell, rent, lease, license, distribute, or otherwise transfer it;
(e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it;
(f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it;
(g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes;
(h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
(i) use, export, or re-export it in violation of any applicable law or regulation; or
(j) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by Gamalocus, in Gamalocus’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.

The Software may contain Cheat Detection software or features or you may be prompted to install Cheat Detection software during your installation of the Software. If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection software or features, the License granted to you automatically terminates and you may not make use of the Software. The Software or the Cheat Detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with Cheat Detection, subject to Gamalocus’s Privacy Policy. In the event that Cheats are identified, you agree that Gamalocus may exercise any or all of its rights under this Agreement.

3. Updates and Patches

Gamalocus may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. Gamalocus may update the Software remotely without notifying you, and you hereby consent to Gamalocus applying patches, updates, and upgrades. Gamalocus may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, character levels, Game Currency, or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from Gamalocus, including without limitation after a patch, update, or upgrade is applied by Gamalocus. Gamalocus does not have any maintenance or support obligations with respect to the Software or Services.

4. User Generated Content

Any content that you create, generate, or make available through the Software or the Services, including buildings, chat posts, character data, game customization, in-game constructions, and screenshots, shall be “UGC”. You hereby grant to Gamalocus a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, copy, modify, adapt, distribute, and publicly display your UGC. You may not create, generate, or make available through the Software of the Services any UGC to which you do not have the right to grant Gamalocus such license. In addition, you may not create, generate, or make available through the Software of the Services any UGC that is illegal or violates or infringes another’s rights, including intellectual property rights or privacy, publicity or moral rights. Gamalocus reserves the right to take down any UGC in its discretion.

5. Feedback

If you provide Gamalocus with any Feedback, you hereby grant Gamalocus a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Gamalocus is not required to make any use of any Feedback that you provide. You agree that if Gamalocus makes use of your Feedback, Gamalocus is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Gamalocus to grant Gamalocus and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

6. Ownership/Third Party Licenses

Gamalocus and its licensors own all title, ownership rights, and intellectual property rights in the Software and Services. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.

The Software includes certain components provided by Gamalocus’s licensors. A list of credits and notices for third party components may be found in the game interface.

7. Disclaimers and Limitation of Liability

The Software (including any Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Gamalocus, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Gamalocus knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Gamalocus, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Gamalocus, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Gamalocus, nor its licensors, nor its or their affiliates, nor any of Gamalocus’s service providers (collectively, the “Gamalocus Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of a Gamalocus Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Gamalocus Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Gamalocus Parties arising out of or in connection with this Agreement or the Software (including any Content) or Services will not exceed the total amounts you have paid (if any) to Gamalocus for the Software (including any Content) during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.

8. Indemnity

You agree to indemnify, pay the defense costs of, and hold Gamalocus, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software (including any Content) or Services. You agree to reimburse Gamalocus on demand for any defense costs incurred by Gamalocus and any payments made or loss suffered by Gamalocus, whether in a court judgment or settlement, based on any matter covered by this Section 8.

If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

9. Termination

Without limiting any other rights of Gamalocus, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.

Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.

Sections 2, 4-11, and 13-15 will survive any termination of this Agreement.

10. Governing Law and Jurisdiction

You agree that this Agreement will be deemed to have been made and executed in the country of Denmark, and any dispute will be resolved in accordance with the laws of Denmark, excluding that body of law related to choice of laws. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Court of Glostrup, or the Higher Courts of Denmark. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.

11. Class Action Waiver

You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Software (including any Content) or Services or this Agreement. You also agree not to seek to combine any action or arbitration related to the Software or Services or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

12. Amendments of this Agreement

Gamalocus may issue an amended Agreement, Terms of Service, or Privacy Policy at any time in its discretion by posting the amended Agreement, Terms of Service, or Privacy Policy on its website or by providing you with digital access to amended versions of any of these documents when you next access the Software. If any amendment to this Agreement, the Terms of Service, or Privacy Policy is not acceptable to you, you may terminate this Agreement and must stop using the Software. Your continued use of the Software will demonstrate your acceptance of the amended Agreement and Terms of Service as well as your acknowledgement that you have read the amended Privacy Policy.

13. No Assignment

You may not, without the prior written consent of Gamalocus, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. Gamalocus may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

14. Definitions

As used in this Agreement, the following capitalized words have the following meanings:

“Confidential Information” means any non-public information related to the Software, including without limitation information related to gameplay or other content, Content, the Services, your own feedback and comments, and the feedback or comments of any other licensee of the Software or any Gamalocus representative.

“Content” means any virtual items or other content that Gamalocus makes available for you to access or download through or in connection with the Software.

“Gamalocus” means, Gamalocus Studios ApS, a Danish Corporation having its principal business offices at Holmevej 83, 2860 Søborg, Denmark.

“Feedback” means any feedback or suggestions that you provide to Gamalocus regarding the Software, Services or other Gamalocus products and services.

“Services” means any services made available to you through the Software, including services to acquire, maintain and use Content.

“Software” means the proprietary software application known as “Voronium - Locust Sols”, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by Gamalocus under this Agreement, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing.

15. Miscellaneous

This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and Gamalocus relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.

The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.

This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.

Any act by Gamalocus to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.

Gamalocus’s obligations are subject to existing laws and legal process, and Gamalocus may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.