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END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This end user licence agreement ("Licence") is a legal agreement between you and Snowcastle
Games AS of Dronningens gate 16, 0152 Oslo, Norway. relating to the software programs made
available by Snowcastle Games AS and any updates, upgrades, patches, or other modifications
made to the software programs from time to time (collectively referred to as "Software").
Any reference to “Game” shall include both Earthlock or Ikonei Island: An Earthlock Adventure
or such other games as Snowcastle Games may make available and include all updates,
upgrades, additional content, variations, and expansion packs for the purposes of this Licence.
In this Licence you, the user of the Software, are referred to as "you" "your", "yours" and in this
agreement we are referred to as "Snowcastle Games", "we", "us" or "our".
We licence the use of the Software to you on the basis of this Licence. We do not sell the
Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
This Licence governs the terms on which the Software is made available to you and the
permitted use by you. By downloading or accessing the Software in any way, you confirm that
you have read and accept the terms of this Licence. Parents and legal guardians are
responsible for the acts of children under 18 years of age when using the Software.
BY CLICKING ON THE “AGREE” BUTTON, OR BY ACCESSING, DOWNLOADING OR
INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR RELATED
GAME IN ANY WAY, YOU AGREE TO THE TERMS OF THIS LICENCE (AND ALL TERMS
INCORPORATED BY REFERENCE) AND ACKNOWLEDGE THAT SUCH LICENCE TERMS
ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PLEASE CLICK THE “EXIT”
BUTTON AND/OR DO NOT USE THE SOFTWARE IN ANY WAY. IN SUCH CIRCUMSTANCES
WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED
TO INSTALL, DOWNLOAD, ACCESS, COPY, OR USE THE SOFTWARE IN ANY WAY
WHATSOEVER. YOUR CONTINUED USE OF THE SOFTWARE IN ANY WAY (INCLUDING
INSTALLATION OF THE SOFTWARE), WILL INDICATE YOUR ACCEPTANCE OF THE
TERMS OF THIS LICENCE.
You understand and agree that we may add to or change the terms of this Licence at any time.
We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b)
regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical
alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and
our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use
of the Software in any way shall constitute on-going acceptance of the updated terms of this
Licence, as updated or varied from time to time. We, therefore, recommend that you check the
terms and conditions of this Licence regularly.
1. GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, we grant you a limited, revocable, royalty-free,
non-exclusive, non-transferable, non-sub-licensable licence to use the Software, solely for your
personal and non-commercial use. To be clear, accessing the Software in order to decompile,
reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorised
Software or do anything similar or equivalent, falls outside the scope of “personal and
non-commercial use” and constitutes a material breach of the terms of this Licence.
1.2 When downloading and accessing the Software, or uploading content from the Software,
standard network and/or broadband charges may apply. You may incur additional data charges
from your network operator according to your contract with your relevant internet provider which
you are solely responsible for.
2. RESTRICTIONS
2.1 Except as expressly set out in this Licence you undertake that you will not (and will not
permit or encourage or procure others directly or indirectly to):
a. in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create
derivative works of the Software (or any part of it), except where such copying is incidental to
normal use of the Software;
b. rent, sell, lease, sub-licence, loan, publish, distribute, or otherwise transfer to a third party the
Software, any copy thereof, in whole or in part;
c. reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of,
the whole or any part of the Software, nor permit the Software or any part of it to be combined
with, or become incorporated in, any other programs;
d. combine, associate, wrap-around, integrate, or align, any third-party software, components or
add-on features with the Software or any part of it, in any manner whatsoever;
e. exploit or otherwise make available the Software or any of its parts for any purpose including
any commercial purpose;
f. disassemble, decompile, reverse-engineer or create derivative works based on the whole or
any part of the Software or attempt to do any such things, except to the extent that such actions
cannot be prohibited by law; and
g. bypass or seek to bypass any security or technical measures (including de-obfuscating any
code) relating to the Software, including by the adoption of techniques and technologies now
known or hereafter developed.
2.2 Any use of the Software not expressly authorised by the terms of this Licence is expressly
prohibited. Any use of the Software in violation of the Licence and restrictions will be regarded
both as a breach of the terms of this Licence and/or as an infringement of our intellectual
property rights in and to the Software (as detailed below).
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge, accept, and agree that all title, ownership rights, and intellectual property
rights in and to the Software and all copies thereof (including without limitation any titles,
computer code, themes, objects, characters, storylines, catchphrases, locations, concepts,
artwork, landscape designs, animations, sounds, musical compositions, recordings, and
audio-visual effects) anywhere in the world belong to us and/or our third-party licensors.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you and that you have
no rights in, or to, the Software other than the right to use them in accordance with the terms of
this Licence.
3.3 You acknowledge that you have no right in or have access to the Software in source code
format unless otherwise as expressly provided within this Licence.
3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.
4. OTHER THIRD-PARTY SERVICES INTEGRATION AND THIRD-PARTY SOFTWARE
ACKNOWLEDGMENTS
4.1 From time to time the Software may integrate with other third-party services or platforms.
4.2 These third-party services or platforms may generally require you to agree to the terms and
conditions of such third-party suppliers and set up a separate Account or register with the
third-party supplier in order to receive the third-party services or platform(s). The terms on which
those third-party services or platforms engage with you and share information or data with the
Software or us, are specific to each third-party provider. You should make yourself aware of the
terms and conditions of the third-party provider before agreeing to receive such third-party
services or platforms.
4.3 If you integrate any third-party software (including any third-party game client) or services
(“User Installed Third-Party Service(s)”) with the Software then, without prejudice to the
generality of clause 7 of this Licence, Snowcastle Games shall not, to the fullest extent
permissible under applicable law, be liable or responsible in any form for any failure of the
Software (or any Snowcastle Games service supplied by the Software) caused as a result of the
User Installed Third-Party Service. Snowcastle Games does not audit, regulate, or approve User
Installed Third-Party Services. Use of a User Installed Third-Party Service with the Software is
completely at your own risk, without liability to Snowcastle Games and you will be solely
responsible for any obligations, damages or losses which arise from such use.
5. DISCLAIMER OF WARRANTIES
5.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE
IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE
ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY,
SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK.
SNOWCASTLE GAMES DOES NOT WARRANT THAT THE SOFTWARE WILL BE
ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE
WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE SOFTWARE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR
LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED
ON THE SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS
OR USE THE SOFTWARE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE
WILL HAVE ADEQUATE CAPACITY FOR THE SOFTWARE AS A WHOLE OR IN ANY
SPECIFIC GEOGRAPHIC AREA.
5.3 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN
DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR
RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.
6. LIMITATION OF LIABILITY
6.1 SUBJECT TO SECTION 6.2, SNOWCASTLE GAMES SHALL NOT BE LIABLE IN ANY
WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR
ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
LOSSES. FURTHER, SNOWCASTLE GAMES SHALL NOT BE LIABLE IN ANY WAY FOR
ANY LOSS OR DAMAGE TO DIGITAL ASSETS SUCH AS CHARACTERS, VIRTUAL GOODS
OR CURRENCY IN THE GAME, ACCOUNTS OR STATISTICS. SNOWCASTLE GAMES
SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING
WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR
ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF
SERVICE. IN NO EVENT WILL SNOWCASTLE GAMES BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
6.2 Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury
resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability
that cannot be excluded or limited by Norwegian law.
7. TERMINATION
7.1 We may terminate this Licence and any user Account in the Game immediately if you
commit a breach of this Licence.
7.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall
immediately cease; (b) you must immediately cease all activities authorised by this Licence; (c)
you must immediately delete or remove the Software from all computer equipment in your
possession, and (d) your access to and use of the Game under the Terms and Conditions will
immediately cease and be terminated.
8. GENERAL
8.1 Each of the warranties and conditions (or rights and obligations) of this Licence operates
separately.
8.2 If any provision, or part provision, of this Licence, including each of the warranties and
conditions (or rights and obligations) is found to be illegal, invalid, or unenforceable by any court
or competent authority, the legality, validity, and enforceability of the remaining provisions,
including the warranties and conditions of this Licence will not be affected.
8.3 We may transfer our rights and obligations under this Licence to another organisation, but
this will not affect your rights or our obligations under this Licence. You may not transfer or
assign your rights and obligations under this Licence to a third party.
8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not
enforce our rights against you, or if we delay in doing so, that will not mean that we have waived
our rights against you and will not mean that you do not have to comply with those obligations.
8.5 This Licence, its subject matter, and its formation are governed by the laws of Norway. You
and we both agree that the courts of Norway will have exclusive jurisdiction in relation to any
dispute connected with this Licence or the Game.
8.6 This Licence constitutes and contains the entire agreement between the parties with respect
to the subject matter hereof, provided, however, that this Licence shall co-exist with, and shall
not supersede, the Terms and Conditions and the Privacy Policy.
This Licence is drafted in the English language and may be translated into other languages. The
English language version of this Licence shall prevail if there is a conflict or inconsistency or
clarification required with other language versions.