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1. GENERAL PROVISIONS
1.1. My name is Milan Timčenko (Průmyslová 468/3, Píšť 747 18, Czech Republic, Identification number: 04263235), and I am the game developer of Mall Craze (for this EULA, I will be referred as the "us" or "Developer"). To let you install and play Mall Craze, we have to conduct this Agreement (hereinafter "EULA") between You and us. Don't worry, we don't want to bother you with unnecessary legal stuff; we just want to make things right and let you enjoy Mall Craze more than you can by default.
1.2. The Mall Craze game is currently in the state of development in preliminary access. Note please, that this EULA applies to the Mall Craze game and all of its future updates and expansions unless a separate agreement governs the expansion.
1.3. Please, you should carefully read the EULA before purchasing, downloading or installing the Mall Craze game. You hereby acknowledge to have read and understand the EULA and to have accepted that installation of the Mall Craze game is confirmation of your acceptance to be contractually bound by the following provisions. In such instance as you do not accept the EULA set forth under the present EULA, you are not authorised to download or install the Mall Craze game. If you are a minor (below the legal age of majority in your country), please have the EULA reviewed and agreed to by your parent or legal guardian.
2. THE MALL CRAZE GAME AND LIABILITY
2.1. As we said above, the game is in the state of development in preliminary access. We grant you all the rights under This EULA to the Mall Craze game "as is" and "as available". That means that we do not grant you any guarantee that the Mall Craze game works without any bugs, glitches, or other issues. As much as the applicable law permits, we don't take any responsibility or liability for the Mall Craze game having any bugs, glitches, or other issues.
2.2. Developer does not guarantee continuous or flawless operation of the Mall Craze nor the correction of any error in the Mall Craze. The Mall Craze is provided without any guarantee, notwithstanding those where applicable for which provision is expressly made in the present licence and insofar as authorised by applicable law. The guarantees indicated hereunder shall outline the scope of liability and guarantees of the Developer and your rights of redress.
2.3. Insofar as authorised by applicable legislation, Developer may not under any circumstances be held liable for damages of any nature whatsoever (including direct, indirect collateral or consequential damages pertaining to suspension of activities, loss of data or any economic or financial loos) resulting from use of the Mall Craze, or the impossibility to use the Mall Craze, as well as the improper operation thereof, or even possession thereof concerning Mall Craze, and this even if Developer has been notified of the possibility of such damages.
2.4. For the purpose of this EULA, the term Mall Craze game includes the software of the videogame itself, all of its components (e.g., the source code) and content (e.g., graphical or musical content).
3. YOUR CONSUMER RIGHTS
3.1. We generally use the services of a Steam distributor (Valve Corporation) to market our Mall Craze game (hereinafter "Steam"). Steam has its terms and conditions governing your use of its services and software distribution via its services to you. Suppose there is anything in the Steam's terms and conditions that overlaps with the legal matters regulated in this EULA. In that case, Steam's terms and conditions take precedence unless they provide that this EULA between you and us applies preferentially.
3.2. If you are a consumer (generally understood as a natural person acting within personal non-commercial matters), you have specific consumer rights under the applicable law. Generally, Steam will inform you about your consumer rights. We would just like to remind you of them in relation to this EULA (not with regard to the legal relationship between you and the Steam).
3.3. If the licence to use the Mall Craze game granted to you in this EULA has any defects (meaning it is not in compliance with this EULA), you are entitled to rights in relation to the defects. Such rights include the right to withdraw from the contract, the right to have the defect removed (if applicable) or to have a new thing delivered (if applicable), or the right to a price discount (if applicable). Please bear in mind that the right to use the Mall Craze game granted to you in this EULA is granted to the Mall Craze game "as is"/" as available" (please see sec. 2.1. of this EULA).
4. LICENSE TERMS AND OWNERSHIP
4.1. We warrant to you that we have the right to conclude this EULA with you and that we have the right to grant you the rights under this EULA (namely, the license to use the Mall Craze game).
4.2. The Mall Craze game is not sold but is conferred to you under a license by us. We give you the right to use the Mall Craze game (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment.
4.3. You may not do the following with the Mall Craze game:
4.3.1. use the Mall Craze game for commercial purposes without our prior consent or unless specifically permitted in this EULA;
4.3.2. grant a sublicense to another person;
4.3.3. copy the Mall Craze game, apart from creating copies necessary to run the Mall Craze game on your gaming device;
4.3.4. sell, rent, lease or otherwise distribute the Mall Craze game;
4.3.5. edit, merge, distribute, translate, reverse engineer, decompile, disassemble the Mall Craze game unless specifically permitted in this EULA, by our prior consent, or by the mandatory rules of the applicable law;
4.3.6. bypass or remove any measure preventing misuse of the Mall Craze game;
4.3.7. misuse the Mall Craze game in any way contrary to the applicable law, including good morals rules.
4.4. We retain all ownership rights to the Mall Craze game. No proprietary right is assigned to you via this EULA.
4.5. We reserve the right to provide or unilaterally deploy patches, updates and other modifications to the Mall Craze game in order to remove or correct a bug, glitch or other issues, to prevent misuse of the game or breach of this EULA, or to enhance the gameplay (e.g., provide you with additional content).
5. CREATING MODS
5.1. Unless Steam as a distributor of the game expressly prohibits it in its terms and conditions, we grant you a limited licence to create, use and distribute additional content for the Mall Craze game (generally called "mods") under the following conditions:
5.1.1. You shall modify the Mall Craze game only to the extent necessary to create, implement, and use the mod. You shall refrain from modifying or using the Mall Craze game for any other purpose.
5.1.2. The mod must not infringe the rights of others, especially intellectual property rights (copyright, trademarks, etc.), personal rights and proprietary rights. Beware that any form of art (music, graphics) may be another person's intellectual property.
5.1.3. The mod (including any of its components) must not be libellous, defamatory, pornographic, obscene, scandalous, discriminatory, or otherwise against good morals.
5.1.4. The mod must not contain viruses, worms, or other malicious code. The content must not have any function that is not clearly declared.
5.1.5. You shall not use the mod in any commercial manner, namely sell, rent, lease or otherwise monetize the mod without our prior consent or unless specifically permitted in this EULA.
5.1.6. The mod may not be used as a stand-alone or in a product of a third person (independent of the Mall Craze game) without our prior consent.
6. FAN-WORK
6.1. We grant you a license to create and distribute fan-work based on the Mall Craze game (e.g., graphical and audio-visual artworks, fan art, literary artworks, cosplay) under the following conditions:
6.1.1. The fan-work must not infringe the rights of others, especially intellectual property rights (copyright, trademarks, etc.), personal rights and proprietary rights. Beware that, in general, any form of art (music, graphics) may be another person's intellectual property.
6.1.2. The fan-work must not be libellous, defamatory, pornographic, obscene, scandalous, discriminatory, or otherwise against good morals.
6.1.3. You shall not use the fan-work in any commercial manner, namely sell, rent, lease or otherwise monetize the fan-work without our prior consent or unless specifically permitted in this EULA.
6.1.4. The licence to create fan-work does not allow you to make any videogame based on the Mall Craze game. For any additional content to the Mall Craze game itself (mods), the provisions of art. 5. apply.
7. COMMON PROVISIONS FOR MODDING AND FAN WORK
7.1. We reserve the right to revoke your right to create and/or distribute mods to the Mall Craze game or fan-work based on the Mall Craze game at any time at our sole discretion.
7.2. You use mods to the Mall Craze game at your own risk. We don't take part in the modding, and thus we don't take any responsibility for any issues connected with using a mod. Please note that mods may cause technical difficulties beyond our control and that we won't be able to provide you with any support in such a case.
7.3. You grant us a non-exclusive, irrevocable, perpetual free-of-charge licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform any mod to the Mall Craze game or fan-work on the Mall Craze game that you create.
7.4. You bear responsibility for the mods to the Mall Craze game that you use, create or distribute. Also, you bear responsibility for the fan-work based on the Mall Craze game you use, create, or distribute. You agree to indemnify, defend and hold harmless Developer and each of its respective officers, employees, directors, agents, licensors, licensees (excluding you), and any successors and assignees thereof from and against any and all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of the rules stipulated in this article of the agreement, violation of any condition thereto, use/creation/distribution of any mod to the Mall Craze game or any fan-work based on the Mall Craze game.
8. PERMITTED MONETIZATION OF "LET'S PLAY" VIDEOS AND SIMILAR MEDIA CONTENT
8.1. We permit you to monetize "Let's play" videos and other similar media content, capturing your experience playing the Mall Craze games under the following conditions:
8.1.1. The media content must not infringe the rights of others, especially intellectual property rights (copyright, trademarks, etc.), personal rights and proprietary rights. Beware that any form of art (music, graphics) may be another person's intellectual property.
8.1.2. The media content must not be libellous, defamatory, pornographic, obscene, scandalous, discriminatory, or otherwise against good morals.
9. TERMINATION
9.1. The present agreement under this EULA shall remain in force until termination. You can bring an end to the agreement, at any time, by deleting or uninstalling the Mall Craze game from your medium by destroying the Mall Craze in your possession.
9.2. If you materially breach this EULA, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this EULA, namely the right to use the Mall Craze game, whereas we shall have no further obligations to you stemming from this EULA.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. This EULA, your use of the Mall Craze game and all claims based on, arising from or related to this EULA or its execution, including rights and obligations regarding compensation of damages caused by a breach of this EULA or rights and obligations regarding any unjust enrichment incurred in relation to this EULA, shall be governed by and enforced in accordance with the law of the Czech Republic (excluding conflict-of-law rules), including its statutes of limitations.
10.2. Any dispute pertaining to this EULA shall be judged and resolved exclusively by the courts of the Czech Republic.
11. CHANGES AND AMENDMENTS
11.1. We reserve the right to make changes to this EULA. In such a case, we will post the changes and amended text of the EULA online and take reasonable steps to draw your attention to it.
11.2. The changes shall come into effect (become legally binding) 30 days after posting the amended agreement online unless a more extended period is stipulated in the amendment. If you don't agree to the changes, you can terminate agreement by simply ceasing to use the Mall Craze game (including deleting any copy installed on your gaming device). If you continue to use the Mall Craze game after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
12. OTHER LEGAL MATTERS
12.1. You may not assign this EULA or any of the rights granted in the EULA to another person.
12.2. In as much as the applicable law permits, the provisions of this EULA shall be interpreted to the fullest extent expressed in this EULA. If any of the provisions of this EULA is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
12.3. The EULA constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present EULA may be established solely by way of a written agreement specifying said amendment, alteration or modifications and signed by both parties.
12.4. This EULA shall enter into force on January 19, 2022.
1.1. My name is Milan Timčenko (Průmyslová 468/3, Píšť 747 18, Czech Republic, Identification number: 04263235), and I am the game developer of Mall Craze (for this EULA, I will be referred as the "us" or "Developer"). To let you install and play Mall Craze, we have to conduct this Agreement (hereinafter "EULA") between You and us. Don't worry, we don't want to bother you with unnecessary legal stuff; we just want to make things right and let you enjoy Mall Craze more than you can by default.
1.2. The Mall Craze game is currently in the state of development in preliminary access. Note please, that this EULA applies to the Mall Craze game and all of its future updates and expansions unless a separate agreement governs the expansion.
1.3. Please, you should carefully read the EULA before purchasing, downloading or installing the Mall Craze game. You hereby acknowledge to have read and understand the EULA and to have accepted that installation of the Mall Craze game is confirmation of your acceptance to be contractually bound by the following provisions. In such instance as you do not accept the EULA set forth under the present EULA, you are not authorised to download or install the Mall Craze game. If you are a minor (below the legal age of majority in your country), please have the EULA reviewed and agreed to by your parent or legal guardian.
2. THE MALL CRAZE GAME AND LIABILITY
2.1. As we said above, the game is in the state of development in preliminary access. We grant you all the rights under This EULA to the Mall Craze game "as is" and "as available". That means that we do not grant you any guarantee that the Mall Craze game works without any bugs, glitches, or other issues. As much as the applicable law permits, we don't take any responsibility or liability for the Mall Craze game having any bugs, glitches, or other issues.
2.2. Developer does not guarantee continuous or flawless operation of the Mall Craze nor the correction of any error in the Mall Craze. The Mall Craze is provided without any guarantee, notwithstanding those where applicable for which provision is expressly made in the present licence and insofar as authorised by applicable law. The guarantees indicated hereunder shall outline the scope of liability and guarantees of the Developer and your rights of redress.
2.3. Insofar as authorised by applicable legislation, Developer may not under any circumstances be held liable for damages of any nature whatsoever (including direct, indirect collateral or consequential damages pertaining to suspension of activities, loss of data or any economic or financial loos) resulting from use of the Mall Craze, or the impossibility to use the Mall Craze, as well as the improper operation thereof, or even possession thereof concerning Mall Craze, and this even if Developer has been notified of the possibility of such damages.
2.4. For the purpose of this EULA, the term Mall Craze game includes the software of the videogame itself, all of its components (e.g., the source code) and content (e.g., graphical or musical content).
3. YOUR CONSUMER RIGHTS
3.1. We generally use the services of a Steam distributor (Valve Corporation) to market our Mall Craze game (hereinafter "Steam"). Steam has its terms and conditions governing your use of its services and software distribution via its services to you. Suppose there is anything in the Steam's terms and conditions that overlaps with the legal matters regulated in this EULA. In that case, Steam's terms and conditions take precedence unless they provide that this EULA between you and us applies preferentially.
3.2. If you are a consumer (generally understood as a natural person acting within personal non-commercial matters), you have specific consumer rights under the applicable law. Generally, Steam will inform you about your consumer rights. We would just like to remind you of them in relation to this EULA (not with regard to the legal relationship between you and the Steam).
3.3. If the licence to use the Mall Craze game granted to you in this EULA has any defects (meaning it is not in compliance with this EULA), you are entitled to rights in relation to the defects. Such rights include the right to withdraw from the contract, the right to have the defect removed (if applicable) or to have a new thing delivered (if applicable), or the right to a price discount (if applicable). Please bear in mind that the right to use the Mall Craze game granted to you in this EULA is granted to the Mall Craze game "as is"/" as available" (please see sec. 2.1. of this EULA).
4. LICENSE TERMS AND OWNERSHIP
4.1. We warrant to you that we have the right to conclude this EULA with you and that we have the right to grant you the rights under this EULA (namely, the license to use the Mall Craze game).
4.2. The Mall Craze game is not sold but is conferred to you under a license by us. We give you the right to use the Mall Craze game (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment.
4.3. You may not do the following with the Mall Craze game:
4.3.1. use the Mall Craze game for commercial purposes without our prior consent or unless specifically permitted in this EULA;
4.3.2. grant a sublicense to another person;
4.3.3. copy the Mall Craze game, apart from creating copies necessary to run the Mall Craze game on your gaming device;
4.3.4. sell, rent, lease or otherwise distribute the Mall Craze game;
4.3.5. edit, merge, distribute, translate, reverse engineer, decompile, disassemble the Mall Craze game unless specifically permitted in this EULA, by our prior consent, or by the mandatory rules of the applicable law;
4.3.6. bypass or remove any measure preventing misuse of the Mall Craze game;
4.3.7. misuse the Mall Craze game in any way contrary to the applicable law, including good morals rules.
4.4. We retain all ownership rights to the Mall Craze game. No proprietary right is assigned to you via this EULA.
4.5. We reserve the right to provide or unilaterally deploy patches, updates and other modifications to the Mall Craze game in order to remove or correct a bug, glitch or other issues, to prevent misuse of the game or breach of this EULA, or to enhance the gameplay (e.g., provide you with additional content).
5. CREATING MODS
5.1. Unless Steam as a distributor of the game expressly prohibits it in its terms and conditions, we grant you a limited licence to create, use and distribute additional content for the Mall Craze game (generally called "mods") under the following conditions:
5.1.1. You shall modify the Mall Craze game only to the extent necessary to create, implement, and use the mod. You shall refrain from modifying or using the Mall Craze game for any other purpose.
5.1.2. The mod must not infringe the rights of others, especially intellectual property rights (copyright, trademarks, etc.), personal rights and proprietary rights. Beware that any form of art (music, graphics) may be another person's intellectual property.
5.1.3. The mod (including any of its components) must not be libellous, defamatory, pornographic, obscene, scandalous, discriminatory, or otherwise against good morals.
5.1.4. The mod must not contain viruses, worms, or other malicious code. The content must not have any function that is not clearly declared.
5.1.5. You shall not use the mod in any commercial manner, namely sell, rent, lease or otherwise monetize the mod without our prior consent or unless specifically permitted in this EULA.
5.1.6. The mod may not be used as a stand-alone or in a product of a third person (independent of the Mall Craze game) without our prior consent.
6. FAN-WORK
6.1. We grant you a license to create and distribute fan-work based on the Mall Craze game (e.g., graphical and audio-visual artworks, fan art, literary artworks, cosplay) under the following conditions:
6.1.1. The fan-work must not infringe the rights of others, especially intellectual property rights (copyright, trademarks, etc.), personal rights and proprietary rights. Beware that, in general, any form of art (music, graphics) may be another person's intellectual property.
6.1.2. The fan-work must not be libellous, defamatory, pornographic, obscene, scandalous, discriminatory, or otherwise against good morals.
6.1.3. You shall not use the fan-work in any commercial manner, namely sell, rent, lease or otherwise monetize the fan-work without our prior consent or unless specifically permitted in this EULA.
6.1.4. The licence to create fan-work does not allow you to make any videogame based on the Mall Craze game. For any additional content to the Mall Craze game itself (mods), the provisions of art. 5. apply.
7. COMMON PROVISIONS FOR MODDING AND FAN WORK
7.1. We reserve the right to revoke your right to create and/or distribute mods to the Mall Craze game or fan-work based on the Mall Craze game at any time at our sole discretion.
7.2. You use mods to the Mall Craze game at your own risk. We don't take part in the modding, and thus we don't take any responsibility for any issues connected with using a mod. Please note that mods may cause technical difficulties beyond our control and that we won't be able to provide you with any support in such a case.
7.3. You grant us a non-exclusive, irrevocable, perpetual free-of-charge licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform any mod to the Mall Craze game or fan-work on the Mall Craze game that you create.
7.4. You bear responsibility for the mods to the Mall Craze game that you use, create or distribute. Also, you bear responsibility for the fan-work based on the Mall Craze game you use, create, or distribute. You agree to indemnify, defend and hold harmless Developer and each of its respective officers, employees, directors, agents, licensors, licensees (excluding you), and any successors and assignees thereof from and against any and all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of the rules stipulated in this article of the agreement, violation of any condition thereto, use/creation/distribution of any mod to the Mall Craze game or any fan-work based on the Mall Craze game.
8. PERMITTED MONETIZATION OF "LET'S PLAY" VIDEOS AND SIMILAR MEDIA CONTENT
8.1. We permit you to monetize "Let's play" videos and other similar media content, capturing your experience playing the Mall Craze games under the following conditions:
8.1.1. The media content must not infringe the rights of others, especially intellectual property rights (copyright, trademarks, etc.), personal rights and proprietary rights. Beware that any form of art (music, graphics) may be another person's intellectual property.
8.1.2. The media content must not be libellous, defamatory, pornographic, obscene, scandalous, discriminatory, or otherwise against good morals.
9. TERMINATION
9.1. The present agreement under this EULA shall remain in force until termination. You can bring an end to the agreement, at any time, by deleting or uninstalling the Mall Craze game from your medium by destroying the Mall Craze in your possession.
9.2. If you materially breach this EULA, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this EULA, namely the right to use the Mall Craze game, whereas we shall have no further obligations to you stemming from this EULA.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. This EULA, your use of the Mall Craze game and all claims based on, arising from or related to this EULA or its execution, including rights and obligations regarding compensation of damages caused by a breach of this EULA or rights and obligations regarding any unjust enrichment incurred in relation to this EULA, shall be governed by and enforced in accordance with the law of the Czech Republic (excluding conflict-of-law rules), including its statutes of limitations.
10.2. Any dispute pertaining to this EULA shall be judged and resolved exclusively by the courts of the Czech Republic.
11. CHANGES AND AMENDMENTS
11.1. We reserve the right to make changes to this EULA. In such a case, we will post the changes and amended text of the EULA online and take reasonable steps to draw your attention to it.
11.2. The changes shall come into effect (become legally binding) 30 days after posting the amended agreement online unless a more extended period is stipulated in the amendment. If you don't agree to the changes, you can terminate agreement by simply ceasing to use the Mall Craze game (including deleting any copy installed on your gaming device). If you continue to use the Mall Craze game after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
12. OTHER LEGAL MATTERS
12.1. You may not assign this EULA or any of the rights granted in the EULA to another person.
12.2. In as much as the applicable law permits, the provisions of this EULA shall be interpreted to the fullest extent expressed in this EULA. If any of the provisions of this EULA is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
12.3. The EULA constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present EULA may be established solely by way of a written agreement specifying said amendment, alteration or modifications and signed by both parties.
12.4. This EULA shall enter into force on January 19, 2022.