| Language: |
END USER LICENCE AGREEMENT FOR BLOCK N LOAD
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Ringvägen 100, 118 60 Stockholm Sweden (Toadman, us or we) for the software program, and any files delivered to you to “patch”, update or otherwise modify the software program known as Block N Load (Software). We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
BY INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, Toadman hereby grant to you a non-exclusive, non-transferable, limited, revocable licence to: (a) download, install and use the Software on one or more computers owned by you or under your legitimate control; and (b) use the Software for your non-commercial, personal purposes only.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
a. not to, in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software; except where such copying is incidental to normal use of the Software;
b. not to rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. not to translate, 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; and
d. not to exploit the Software or any of its parts for any commercial purpose.
2.2 Any use of the Software in violation of the Licence and restrictions will be regarded as an infringement of Toadman’s copyrights in and to the Software and any use of the Software not expressly authorised by the terms of the Licence is expressly prohibited.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge 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, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us.
3.2 You acknowledge that rights in the Software are licenced (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.
4 DISCLAIMER OF WARRANTIES
4.1 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 NONINFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. Toadman 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 LIMITATION OF LIABILITY
5.1 SUBJECT TO SECTION 5.3, Toadman 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, Toadman SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS OR STATISTICS. Toadman 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 Toadman BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
5.2 In no event shall Toadman’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you for the Software.
5.3 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 English law.
6 TERMINATION
6.1 We may terminate this Licence immediately if you commit a material or persistent breach of this Licence.
6.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall cease; (b) you must immediately cease all activities authorised by this Licence; and (c) you must immediately delete or remove the Software from all computer equipment in your possession.
7 GENERAL
7.1 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.
7.2 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.
7.3 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7.4 This Licence, its subject matter and its formation, are governed by Swedish law. You and we both agree that the courts of Sweden will have non-exclusive jurisdiction.
7.5 We may replace this Licence with new versions (each a “New EULA”) over time as the Software and the law evolve. Toadman may change, modify, suspend, or discontinue any aspect of the Software at any time.
7.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall coexist with, and shall not supersede, the Terms and Conditions of use and the Privacy Policy.
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Ringvägen 100, 118 60 Stockholm Sweden (Toadman, us or we) for the software program, and any files delivered to you to “patch”, update or otherwise modify the software program known as Block N Load (Software). We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
BY INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, Toadman hereby grant to you a non-exclusive, non-transferable, limited, revocable licence to: (a) download, install and use the Software on one or more computers owned by you or under your legitimate control; and (b) use the Software for your non-commercial, personal purposes only.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
a. not to, in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software; except where such copying is incidental to normal use of the Software;
b. not to rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. not to translate, 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; and
d. not to exploit the Software or any of its parts for any commercial purpose.
2.2 Any use of the Software in violation of the Licence and restrictions will be regarded as an infringement of Toadman’s copyrights in and to the Software and any use of the Software not expressly authorised by the terms of the Licence is expressly prohibited.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge 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, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us.
3.2 You acknowledge that rights in the Software are licenced (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.
4 DISCLAIMER OF WARRANTIES
4.1 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 NONINFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. Toadman 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 LIMITATION OF LIABILITY
5.1 SUBJECT TO SECTION 5.3, Toadman 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, Toadman SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS OR STATISTICS. Toadman 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 Toadman BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
5.2 In no event shall Toadman’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you for the Software.
5.3 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 English law.
6 TERMINATION
6.1 We may terminate this Licence immediately if you commit a material or persistent breach of this Licence.
6.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall cease; (b) you must immediately cease all activities authorised by this Licence; and (c) you must immediately delete or remove the Software from all computer equipment in your possession.
7 GENERAL
7.1 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.
7.2 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.
7.3 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7.4 This Licence, its subject matter and its formation, are governed by Swedish law. You and we both agree that the courts of Sweden will have non-exclusive jurisdiction.
7.5 We may replace this Licence with new versions (each a “New EULA”) over time as the Software and the law evolve. Toadman may change, modify, suspend, or discontinue any aspect of the Software at any time.
7.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall coexist with, and shall not supersede, the Terms and Conditions of use and the Privacy Policy.