For the purpose of this EULA, “Software” is defined as any video game software published, distributed or otherwise made available by Alawar, such as but not limited to, mobile games, downloadable and installable games for use on computers and games accessed by means of a browser or other online communication method, including any updates, upgrades or other additions or alterations and including all accompanying documentation, manuals, instructions, packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
Clause 1 Limited license
1.1 The Software is licensed, not sold. Subject to your agreement to and continued compliance with this EULA, Alawar hereby grants to you a limited, revocable, non-exclusive license to use the Software onto a personal computer, mobile phones, consoles or other devices owned by you in conjunction for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following will constitute an infringement of Alawar’s (copy)rights:
1.1.1 You may not sell, license or transfer the Software, or any reproductions thereof, to any person or entity;
1.1.2 You may not develop, distribute or host any server or software designed to interact with the Software or to redirect or emulate the communications protocols used by Alawar;
1.1.3 Except for personal back-up purposes and decompiling for interoperability, you may not modify the Software or any portion thereof;
1.1.4 decompiling for interoperability, and copies made to test or study the software, you may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Software or any portion thereof;
1.1.5 You may not develop, distribute or use any third party program designed to impact the Software experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player of a video game software with an advantage;
1.1.6 You may not exploit the Software, or any portion thereof, for any commercial purpose.
1.2 The license granted herein confers no title or ownership in the Software and should not be construed as a sale of any rights to the Software. All right, title and interest in and to the Software and any and all copies thereof, including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, texts and other materials are owned by Alawar or its licensors.
1.3 Alawar may take technological measures to protect the Software and individual parts thereof. You may not remove or circumvent such technological measures.
1.4 It is not allowed to remove, make illegible, hide or change notifications with regard to IP-Rights.
1.5 Nothing in this EULA is meant to assign any IP-Rights to you. You shall not perform any acts that may infringe upon the IP-Rights of Alawar such as registering domain names or trademarks that are similar or identical to any object of which Alawar has the IP-Rights. “IP-Rights” shall mean all intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as rights to know-how and proprietary information.
1.6 You acknowledge that Alawar may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. If you breach either of these provisions, you shall be liable for all damages and reasonable attorneys’ fees.
Clause 2 Account
2.1 In order to use the Software and/or all options thereof optimally, you may have to create an account as described within the Software (“Account”). You guarantee to Alawar that the information provided when creating your Account is complete, correct and accurate. It is not allowed to create an Account in name of another person or entity. You have to submit a username (“Username”) and password (“Password”) by which you can access your Account.
2.2 All Content provided by you during the creation of your Account will be saved in a database. Insofar as such includes any personal data, these will be processed in accordance with applicable data protection legislation.
2.3 You are responsible for keeping your Password confidential. You are responsible and liable for all use made of the Software via the combination of your Username and Password. Alawar will assume that the person signing in with your Username and Password is authorized to do so and to act on behalf of you. As soon as you know or have reason to assume that your Username and/or Password have come into the hands of (an) unauthorized person(s), you must inform Alawar of this, notwithstanding your own obligation to take immediate and effective measures such as changing your Password.
2.4 Alawar reserves the right to change the log-in procedure, your Password and/or your Username if Alawar regards this necessary in the interest of the (correct) operation of the Software. Usernames will be removed and/or revoked if they constitute an infringement on any rights of third parties or are otherwise regarded as undesirable by Alawar.
Clause 3 Virtual Goods and Virtual Money
3.1 Within the Software, Alawar may license to you virtual items or services for use within the Software (“Virtual Goods”) or virtual currencies (“Virtual Money”). Unless otherwise specified, Virtual Goods and Virtual Money shall be deemed an integral part of the Software. Virtual Goods and Virtual Money may be licensed either for a fee using “real world money”, in-game items or without any separate fee, as applicable from time to time.
3.2 Payment must always be made in full and in advance. You can therefore only use Virtual Goods and Virtual Money after having paid the due amount in full.
3.3 Payment for Virtual Goods and Virtual Money takes place via a third party payment environment, such as a third party app store, PayPall or a credit card company. Alawar has no influence on this and is not responsible or liable for the use of or inability to use this payment environment.
3.4 Alawar reserves the right to change the prices for Virtual Goods and Virtual Money at any time. No rights can be derived from any price changes.
3.5 Virtual Goods and Virtual Money cannot be exchanged for real money, real goods or real services.
3.6 You do not own Virtual Goods or Virtual Money. Any and all Virtual Goods and Virtual Money are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Any balance of Virtual Goods or Virtual Money does not reflect any stored value.
3.7 You agree that all sales of Virtual Money and Virtual Goods are final and that Alawar will not refund any transaction. When you purchase a license to use Virtual Goods or Virtual Money, the performance of Alawar’s services begins promptly once your purchase is complete. You therefore have no right of withdrawal.
3.8 We reserve the right to control, regulate, change or remove any Virtual Goods and Virtual Money without any liability to you.
3.9 Without limiting the foregoing, if Alawar decides to terminate your use of the Software in accordance with this EULA, you will lose any Virtual Goods and Virtual Money that you may have and Alawar will not compensate you for this loss or make any refund to you.
Clause 4 Updates
4.1 Alawar may apply patches, updates and modifications (collectively, “Updates”) to the Software at any time. Updates are not optional. Upon reasonable notice to you, you agree that Alawar may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for Alawar to download and apply such Updates.
Clause 5 Your Use of the Software
5.2 Any technical facilities required in order to be able to use the Software, including but not limited to, hardware and the availability of an internet connection as well as the costs of their use, will be at your own expense.
Clause 6 Content
6.1 Notwithstanding the provisions set forth in Clause 4, you guarantee that you will not make available and/or transmit any content via the Software which is (a) is discriminating or otherwise offensive, (b) incites to violence and/or harassment of others, (c) leads to or is the consequence of exploitation or abuse of others, (d) which, in the opinion of Alawar, is contrary to good morals or good taste, is violent or which includes (a link to) pornographic or erotic material, (e) includes a request for the personal details of minors and/or which provides the personal details of others or (f) involves chain letters, junk mail or spamming and/or asks for passwords or other information which can be traced back to persons, including by using automated software or methods.
6.2 You retain all IP-Rights to Content you submit. You acknowledge and agree that by making Content available you automatically grant to Alawar a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make available the Content in connection with the Software and to use the Content for marketing and/or promotional purposes in connection with the Software.
6.3 You acknowledge and agree that third parties such as other users of the Software may use the Content you make available to Alawar. Alawar does not accept any liability for compliance with this EULA by any third parties.
6.4 All Content provided by you during your use of the Software will be saved in a database. Alawar is however not obligated to retain any (backup) copies of the Content. Insofar as the Content includes any personal data, these will be processed in accordance with applicable data protection legislation.
6.5 You acknowledge and understand that third parties determine the contents of the Content offered by them. Alawar is not aware of the contents of any Content. Therefore Alawar does not give any guarantees and does not accept any liability for the Content offered via the Software.
6.6 Alawar reserves the right to change or remove Content for any reason and without any further notice and without having to pay any compensation. In particularly Alawar may do so in, but not limited to, cases in which you violate Clause 5.1 and/or Clause 6.1. This paragraph does not withstand the right to take further legal action, including but not limited to, providing your personal details to third parties.
6.7 Third parties’ software applications, content and services and/or links to third party websites may be available via the Software. The availability of such third party content via the Software does not imply that Alawar has approved or checked this content. Alawar therefore does not accept any responsibility or liability for third party content nor for any use of third party content. Third party terms or conditions may apply to third party content.
Clause 7 Privacy
7.1 During your use of the Software, you may supply Alawar with personal data and/or Alawar may collect personal data. These personal data will be saved and processed according to the Alawar Privacy Statement (http://playstation.alawar.com/privacy-policy/) and all applicable legislation and regulations.
Clause 8 Liability and guarantees
8.1 You accept and agree that the Software, including al content thereof, is provided on an “as is” and “as available” basis. Alawar excludes any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity or accuracy of the Software.
8.2 Alawar does not guarantee that the Software will be accessible at all times and without any interruptions or failures, for instance as a result of failures in the internet or phone connection, by viruses, faults/defects or caused by third parties whom Alawar uses in rendering its Software. Alawar is not liable or obliged to you to pay compensation in any way whatsoever for any damage resulting or arising from the Software being unavailable or broken down (temporarily or permanently).
8.3 Alawar may change, modify, suspend, or discontinue any aspect of the Software at any time, and may also impose limits on certain features or restrict your access to parts or all of the Software without liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.
8.4 The Software may contain references to specific software or Alawar products that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
8.5 Any and all liability of Alawar, whether based upon attributable failure, tort or otherwise, is fully excluded, including for, but not limited to, damages resulting from or in connection with the use of the Software or the impossibility of using it or pursuant to an unlawful act or otherwise, insofar as such exclusion is allowed.
8.6 Your only remedy for allegedly suffered damages is to discontinue the use of the Software and to terminate your Account.
8.7 To the extent that Alawar may, despite of the above, still be liable for any damages, it shall only be liable for compensation of direct damages. Direct damages are understood exclusively to mean material damages to property, reasonable costs incurred to prevent or limit direct damages and reasonable costs incurred to determine the cause of the direct damages, the liability and the method of repair. In no event shall Alawar or any of its affiliates be liable for any indirect damages, such as but not limited to, damages for loss of business, profit, contract, data or information.
8.8 If and to the extent that Alawar may be liable for damages of whatever nature, its liability is in any event limited to an amount of USD 1,000(one thousand US Dollars).
8.9 You guarantee to Alawar that you are entitled to make use of the Software in the manner as contemplated in this EULA.
8.10 Alawar does not bear any responsibility nor assumes any risks if by any reason the Software breaches national law of any state. Those who use the Software do so on their own initiative and are responsible for compliance with their national laws.
Clause 9 Indemnification
9.1 You fully indemnify and hold harmless Alawar against any and all claims by third parties based on the allegation that any activities performed by you in using the Software, such as the making available of Content, are in any way unlawful. This includes, without limitation, any activities that are in violation of Clauses 5.1 and 6.1 hereof or that constitute an infringement on any IP-Rights.
9.2 You fully indemnify and hold harmless Alawar against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Software and/or a violation of this EULA and/or any rights of third parties.
Clause 10 Term and termination
10.2 You are entitled to discontinue the use of the Software and to terminate your Account at any time.
Clause 11 Miscellaneous, Applicable Law and Competent Court
11.1 This EULA shall be governed and construed in accordance with the laws of the State of Virginia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia) or any other jurisdiction) that would cause the application of laws of any other jurisdiction other than those of the State of Virginia]. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instated exclusively in the federal courts of the United Stated or the courts of the State of Virginia in each case located in the city of Alexandria and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court..
11.2 This EULA includes all the arrangements that you and Alawar have made in this respect. They replace all previous arrangements and agreements that you has made or concluded with Alawar in this respect. Verbal communications, undertakings or arrangements have no legal force unless they have been confirmed in writing.
11.3 Alawar is allowed to assign any rights and obligations resulting from this EULA to third parties without informing you of this.
11.4 Notwithstanding any legislative or legal obligations applicable to Alawar, in relation to you Alawar will not be obliged to keep any archived agreement accessible.
11.5 If this EULA are or become partly invalid, you remain bound by the remaining part. Alawar will replace the invalid part by clauses which will be valid and of which the legal consequences – considering the conditions and purpose of this EULA – correspond as much as possible with those of the invalid part.
11.6 No waiver of any default, condition or breach of this EULA shall constitute a waiver of any other default, condition or breach of this EULA, whether of a similar nature or otherwise.
11.7 Alawar is entitled to amend, update or supplement this EULA at any time. You will be asked to review and agree to the revised version of the EULA once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue using the Software.
11.8 By using the Software after this EULA has been amended or updated, you irrevocably accept the new EULA. If you do not agree with any amendments, updates or supplements, your only remedy is to no longer use the Software and to terminate your Account.