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This End User License Agreement, as amended from time to time (hereinafter referred to as “Terms” or “EULA”), set forth the terms and govern your use of the games and software (hereinafter referred to as “Games” and “Software”) offered by PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria (hereinafter referred to as “PLAION”). PLAION may, at any time in its sole discretion, update this EULA Agreement. Please find further information in this regard under Section 17 of this agreement.
Please read this EULA carefully, as this EULA is a legal document stating your rights and obligations in connection with the use of our Game/Software, including any services you access through the Game/Software and any purchases you make through the Game/Software. By downloading or using the Game/Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use our Game/Software.
The Game and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “Materials”) and all works derived from the Game and these Materials (as a whole: the “Game”) are both protected by law, including, without limitation, copyright and trademark law. Use of the Game shall be subject to the terms of this EULA. The Game shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the Game not expressly authorized hereunder shall be expressly prohibited.
Please also read our Privacy Policy carefully that you can find at . By downloading or using the Game, you also confirm that you have read PLAION's Privacy Policy (please see also Section 16 of this agreement).
1. ACCEPTANCE OF TERMS
Before downloading, installing, accessing and/or using the Game please go through the following Terms precisely. The EULA is an electronic agreement that sets out the legally binding terms of your use of the Game. When you use the Game you acknowledge and agree that you (i) are at least 14 years old (or such other minimum age as is applicable for such an agreement in your country of residence), (ii) have the full legal right, authority and capacity to enter into this Agreement and (iii) have read, understand and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not use the Game and/or Services.
THESE TERMS ARE ONLY APPLICABLE FOR THE USE OF THE GAME. FOR OTHER SERVICES; PRODUCTS OR GAMES THAT ARE OFFERED BY PLAION OR BY THIRD PARTIES, OTHER SPECIFIC END USER LICENSE AGREEMENTS MAY APPLY ADDITIONALLY.
In addition, our Privacy Policy provides you with understandable information about our use of the personal information we may collect from you during your use of our Games or other Services. Please read all of these documents carefully before accessing our Games.
2. RIGHT OF USE
By purchasing this Game and subject to the User Requirements below, PLAION grants to you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal right to install and use the Game on one computer / console. Any other use without PLAION’s prior consent is prohibited. Using the Game is solely intended for your personal, non-commercial use in accordance with these Terms. The creation of backup copies is only allowed within the scope of legal regulations.
With regard to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, Blu ray etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and similar charges, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, PLAION does not recognize any purported transfer of the Games.
Except as expressly authorized in these Terms, any use of any portion of the Game without our prior written permission is strictly prohibited and constitutes an immediate termination of the license granted herein. Any such unauthorized use may also violate applicable laws, including civil laws (particularly, copyright and trademark laws) and criminal laws, applicable communications regulations and statutes, and similar regulations. Except as expressly stated herein, nothing in this EULA shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise.
Unauthorized duplication of the Game is a criminal offence and can be punished with a prison term or with a fine, depending on the legislation the user is subject to. Any person who duplicates, distributes or publicly reproduces the Game without permission in any way, or assists another person in doing so, is liable to prosecution. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed.
In the event of violation of these Terms, in order to protect our intellectual property, PLAION expressly reserves the right to take all legal measures that it is legally entitled to for the protection of its intellectual property.
This license is subject to these Terms and is conditioned upon your agreement with its contents, including, without limitation, the User Requirements below.
3. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
All proprietary and intellectual property rights in relation to the Game/ Software are the property of PLAION or its licensors. The product is protected by national and international laws, copyright treaties and agreements and other laws. Any reproduction or reproduction of these Materials without the prior approval of PLAION is prohibited. Except as expressly provided in this agreement, all rights are expressly reserved by PLAION.
4. USER GENERATED CONTENT
We may offer the ability to users to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Generated Content” or “UGC”).
By submitting UGC, you grant to PLAION, its affiliates and partners, and their successors in business and assignees, employees, licensees, agents, representatives a perpetual, irrevocable, worldwide, assignable and sublicensable non-exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote UGC, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the UGC you submit. You also grant each user of the game a non-exclusive license to access your UGC as permitted through the functionality of the game and under these Terms. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Although our game and its content can be used to provide you with access to UGC, neither these Terms nor your use of any UGC override the UGC owners’ requirements and restrictions.
By making UGC available through our game, you represent that you have the right to create and/or provide an/or post and that such content, or its use by us as contemplated in these Terms, does not violate these Terms, applicable law or third party rights (including, without limitation, intellectual rights and personal rights), are neither defamatory, libelous, false, obscene or offensive. You agree and acknowledge that we cannot control each UGC, nor can we verify the accuracy, correctness or authenticity of the UGC provided. We do not assume any responsibility for any UGC or responsibility for any loss of or damage to any to any UGC made available by you or any third party in connection with the game. We do not actively monitor, nor are we in any way responsible for, the content of any UGC.
THE CONTENT OF THE CONTRIBUTIONS DOES NOT REFLECT THE VIEWS OF PLAION OR ITS AFFILIATES OR SUBSIDIARIES, ANYONE ASSOCIATED WITH PLAION, ITS LICENSORS OR LICENSEES, THE SERVICES OR ANY WEBSITE. PLAION RESERVES THE RIGHT TO REVIEW AND REMOVE ANY UGC AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND IN ITS SOLE DISCRETION. PLAION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO UGC.
Some UGC may have elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR CREATING AND/OR MAKING USE OF UGC.
5. USER REQUIREMENTS
PLAION may suspend or revoke your license to use the Game, or parts, components and/or single features thereof, or other products (real and/or virtual) and/or services and/or websites connected to the Game (collectively, “Services”) if you violate, or assist others in violating, the points set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile display or distribute any part of the Game or other Services in any medium, or create derivative works based on or related to the Game and its contents.
- Alter or modify or attempt to alter or modify any part of the Game or other Services.
- Use the Game or other Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game or other Services.
- Publish, post, upload, transmit, distribute or disseminate content that is beyond the acceptable level of content PLAION has set for its Games and Services such as content that is illegal, harmful, abusive, threatening, harassing, vulgar, distasteful, sexually explicit, political, libelous, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use the Game or other Services in any manner that could damage, disable, overburden, or impair any PLAION server, or the network(s) connected to any PLAION server, or interfere with any other party’s use and enjoyment of the Game.
- Take any action to interfere with, interrupt, destroy or limit the functionality of the Game or other Services, or any computer software or hardware or telecommunications equipment.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other Services or other users’ computers.
- Restrict or inhibit the use of the Game or other Services by other users in any way (for example, by running programs directed against the website, reverse engineering APIs, harassment, targeted computer attacks, unauthorized modification of the website, etc.).
- Attempt to gain unauthorized access to the Game or other Services, computer systems or networks connected to any PLAION server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Use our the Game or other Services for fraudulent transactions or other criminal means.
- Use, develop or distribute “auto” software programs, “macro” software programs, prohibited robots, spiders or other “cheat utility” software program or applications.
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service or to manipulate the Game or other Services and/or a third party site in any manner not consistent with its or their intended purpose(s).
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Game or other Services.
- Advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or PLAION representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to PLAION administrators.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Sell, buy, or transfer access to your account.
- Maintain more than one account.
- Use the Game or other Services to violate any applicable law or regulation.
- Encourage or assist anyone else to commit any of the foregoing violations.
Please note that PLAION has adopted and operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to our Games or Services may be terminated with or without additional notice to you.
If you consider that any content made available on any Service by users does not comply with these Terms, you may report this to PLAION by sending an e-mail to or a letter to the following address to PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria. All decisions in such cases will be made solely and at the sole discretion of PLAION and the respective right holders.
6. BETA TESTS
In its sole discretion, PLAION may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to PLAION a Beta Test Confidentiality Terms (“Confidentiality Terms”) for each specific Beta Test BEFORE any software or feature will be provided or made accessible to you.
In connection with the Beta Test, PLAION may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the PLAION site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of PLAION. “Confidential Information” shall mean any information designated as confidential, any information relating to PLAION’ products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that PLAION request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to PLAION. Notwithstanding the completion of the Beta Test, Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Terms.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform PLAION of your reactions and suggestions following your experience of the games, game elements, content, features and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to PLAION in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of PLAION. You therefore agree not to make your feedback accessible by any means or process to any outside party other than PLAION. You acknowledge that, unless prohibited from doing so under the applicable legislation, PLAION may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to PLAION, and PLAION is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games and features provided or given access to for the Beta Test confidential until PLAION publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the features that you are testing.
Upon request, you agree to immediately return to PLAION all copies of the pre-release copy and confidential or proprietary information PLAION provided to you. You are invited to test pre-released services for the sole purpose of evaluating the service and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta service or content that you find here. The beta service are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When testing some beta services, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular service completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing using beta versions is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve may be erased at any time, (iii) PLAION has no obligation to make these services available without charge for any period of time, nor to make them available at all, (iv) these services may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the services during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
7. WARRANTY
Because of its complex nature, software can never be expected to be completely error-free. Therefore, PLAION cannot guarantee that the contents of the Game will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, PLAION assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time the Game was created. The same applies to the accuracy and/or completeness of the accompanying documentation.
Any form of strict liability is excluded in respect of malfunctions in the Game existing at the start of the service provision; i.e. PLAION is only liable insofar as PLAION or its vicarious agents is responsible for this. If the Game should be defective upon delivery so that, despite appropriate handling, it cannot be used for the intended purpose, PLAION will either amend the Game, deliver a new copy, or refund the purchase price within two years of the date of purchase. This applies exclusively to the Game if directly purchased from PLAION.
To claim this warranty, you must send the purchased product, along with your proof of purchase and a description of the error to the following address: Technischer Dienst, c/o PLAION GmbH, Lochhamer Str. 9, D-82152 Planegg, Germany. PLAION assumes no further warranties for any direct or indirect damages resulting from the use of the product, unless these damages were caused through malicious intent or gross negligence, or such a warranty is compulsory by law.
In any case, the amount of the warranty is restricted to the purchase price of the Game. Under no circumstances will PLAION assume warranty for any unforeseeable or non-typical damages. Any claims you may have against the distributor where you purchased the Game are not affected by this.
PLAION assumes no warranty for damages incurred through inappropriate handling, in particular failure to comply with the instruction manual, incorrect initial operation, inappropriate treatment or unsuitable accessories, unless PLAION is responsible for such damages.
8. DISCLAIMER FOR WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE GAME OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” “WHEREIS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PLAION MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT PLAION DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND/OR DELETING YOUR ACCOUNT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PLAION DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND/OR THE WEBSITES.
THE USER SHALL BEAR ALL COSTS OF ITS OWN INFRASTRUCTURE NECESSARY FOR THE USE OF THE SERVICES. THE USER SHALL BEAR ALL RISKS ASSOCIATED WITH THE EXPENDITURE OF TIME AND EFFORT OR THE LOSS OF DATA (IN PARTICULAR GAME DATA) OR WITH DISRUPTIONS OR LOSS OF COMMERCIAL OR OTHER INFORMATION THROUGH THE USE OF THE SERVICES.
9. LIABILITY LIMITATION FOR USERS BASED OUTSIDE THE EUROPEAN UNION.
To the maximum extent permitted by applicable law, in no event will PLAION or its affiliates and subsidiaries be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and/or tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or nonperformance of the services, even if PLAION has been advised previously of the possibility of such damages and whether such claims of damages may have been sustained anywhere in the world in contract, negligence, tort, under statute, in equity, at law, or otherwise. unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. moreover, under no circumstances will PLAION, its licensors or licensees, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond its or their reasonable control. PLAION may change or delete content or features in the services in any way, at any time and for any reason or no reason. the limitations, exclusions and disclaimers in this section and elsewhere in these terms apply to the maximum extent permitted by applicable law.
10. LIABILITY LIMITATION FOR USERS BASED IN THE EUROPEAN UNION.
PLAION is liable according to the statutory provisions for damage/loss sustained by a user and caused deliberately or through the gross negligence of PLAION or its vicarious agents. It is likewise liable for personal injury and damage within the definition of the Product Liability Law. Otherwise PLAION’ liability in relation to compensation claims – irrespective of the legal basis – is limited in accordance with the following provisions, unless otherwise provided for under a guarantee made by PLAION:
In relation to damage/loss caused by ordinary negligence, PLAION shall only be liable insofar as the matter relates to a breach of material contractual duties. Material contractual duties are those contractual obligations the fulfilment of which is strictly necessary in order that the agreement can be duly executed, whereby the user should normally be able to rely on these duties being fulfilled. In the event that PLAION is hereby liable for ordinary negligence, the liability PLAION will be limited to that damage/loss which is foreseeable and typical for this type of agreement. The liability of PLAION in relation to data and/or programs lost due to PLAION’ ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure. The aforementioned disclaimers likewise apply in favor of PLAION’ vicarious agents.
PLAION is not liable for any costs sustained by the user availing of services not explicitly offered by PLAION itself. This applies particularly to costs incurred due to the data transfer to and from the user’s terminal device as well as for any costs sustained by the user in using payment systems.
11. INDEMNITY
You understand that you are personally responsible for your behavior while using our game and while you are on the websites and agree to indemnify and hold PLAION and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of the game or your violation of these Terms, applicable law, or the rights of any third party.
12. TERMINATION
This EULA is valid until it is terminated. Termination implies the destruction of the Game as well as all copies. PLAION my terminate this EULA with immediate effect in the event that you commit a significant violation of these Terms. In such case you must promptly destroy the Game without substitution and remove the Game client from your hard drive. With termination of this EULA for whatever reason, all licenses granted herein are considered to be immediately terminated, without substitution.
13. RIGHT OF WITHDRAWAL
For users subject to the jurisdiction of the European Union the following shall apply:
You have the right to withdraw from these Terms within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding these Terms.
To exercise your right of withdrawal, you need to inform us (PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, phone: +43 5672 606 0, fax: +43 5672 606 90101, email: ) of your decision to withdraw from these Terms with a clear declaration (e.g. a letter sent by post, fax or e- mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw these Terms, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw these Terms. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
SPECIAL INFORMATION FOR THE WITHDRAWAL
PLEASE NOTE THAT YOUR RIGHT TO WITHDRAW EXPIRES PRIOR TO THE EXPIRY OF 14 DAYS, IF WE HAVE PROVIDED SERVICES TO YOU IMMEDIATELY UPON THE START OF THESE TERMS AND HAVE INFORMED YOU ABOUT SUCH PRIOR EXPIRY BEFORE PROVIDING SERVICES AND HAVE RECEIVED YOUR CONSENT THERETO.
SAMPLE WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria, fax: +43 5672 606 90101, email: :
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
14. NO ASSIGNMENT
You may not assign or transfer all or some of your rights or obligations under this Agreement without PLAION's prior written approval, and any attempt to do so without such consent shall be void. If the restrictions on the transfer of the Game/ Software in this Agreement are unenforceable under the laws of your country, this Agreement shall be binding on any transferee of the Software and to the extent permitted by the applicable law.
15. GOVERNING LAW
If you live in the European Union, United Kingdom, Norway, Switzerland, or Russia these Terms and your use of the game shall be governed by the laws of your country of residence; and any claim or legal proceeding arising out of or relating to these Terms or the use of the game shall be subject to the jurisdiction of the courts having jurisdiction under the laws of your country of residence.
In the event that disputes or claims arise in connection with these provisions, the European Commission provides a platform to facilitate the independent and out-of-court resolution of online disputes between consumers and professional suppliers, accessible at the following address:
PLAION is not obligated to and nor does it intend to participate in this or any other process for Online Dispute Resolution.
If you reside in another country these Terms and your use of our game shall be governed by the laws of Austria, without regard to Austrian conflict of laws principles; and you irrevocably consent to the exclusive jurisdiction of the courts of Austria for the resolution of any such dispute or claim.
16. PRIVACY
Please visit for information about the processing of your data and your legal rights.
17. UPDATES TO EULA
PLAION reserves the right to modify and update these Terms at any time, for example for safety, security, legal, best practice and/or regulatory reasons and in accordance with applicable laws. If we change our Terms, we will post those changes to these Terms on our website (revised versions of this licensing agreement will be posted on the Prime Matter website (. If we make material or significant changes to these Terms, we will notify you by email or by a notice on the applicable websites or during log in. You should check the website periodically for changes, as they are binding on you. Updates to these Terms affecting the game shall be effective thirty (30) days after publishment or notice. Your continued use of the game will signify your acceptance of the changes to the amended terms. If you do not agree with the changes to these Terms, you may terminate the license and stop using the Game. Any use of the Game after the effective date of the amended terms will constitute your consent to the amended terms.
18. EXPORT CONTROL
You may not use, access or otherwise export or re-export the products except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Games may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Game, you represent and warrant that you are not located in any such country or on any such list.
19. FINAL PROVISIONS
These Terms and the) policies incorporated herein together with any game-specific terms or other additional terms you may have agreed upon with PLAION, are the entire agreement between you and PLAION. They supersede any and all prior or contemporaneous agreements between you and PLAION relating to your use of our game and/or the websites. Your own terms and conditions expressly do not form a part of these Terms. PLAION may assign these Terms, in whole or in part, at any time. Headings are for convenience of reference only and shall not affect the interpretation or construction of these Terms. Failure of PLAION to partially or fully exercise any rights or the waiver of PLAION of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by PLAION or be deemed a waiver by PLAION of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of PLAION under these Terms and any other applicable agreement between you and PLAION shall be cumulative, and the exercise of any such right or remedy shall not limit PLAION’s right to exercise any other right or remedy.
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 allow it. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction does not allow them in your circumstances. In the event that certain provisions of this Agreement are held unenforceable by a court, those provisions shall be enforced only to the extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
If a provision of these Terms is or becomes wholly or partially invalid, the validity of the remaining provisions will remain unaffected. These Terms establish and encompass all legal agreements between the parties in relation to the subject matter of their agreement and replaces all former verbal or written agreements, whereby it is assumed that this agreement exists parallel to the terms of use and does not replace them.
I HEREBY CONFIRM THAT I HAVE READ AND UNDERSTOOD THE ABOVE END USER LICENSING AGREEMENT. BY INSTALLING THE GAME CLIENT, I CONFIRM MY ACCEPTANCE OF THESE TERMS CONTAINED THEREIN WITHOUT RESERVE.
Please read this EULA carefully, as this EULA is a legal document stating your rights and obligations in connection with the use of our Game/Software, including any services you access through the Game/Software and any purchases you make through the Game/Software. By downloading or using the Game/Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use our Game/Software.
The Game and any files enabling you to play or perform updates either online or offline including packaging, manuals, etc. (hereinafter called “Materials”) and all works derived from the Game and these Materials (as a whole: the “Game”) are both protected by law, including, without limitation, copyright and trademark law. Use of the Game shall be subject to the terms of this EULA. The Game shall be distributed and rented exclusively by authorized traders and shall be used solely for private purposes. Any use, reproduction or redistribution of the Game not expressly authorized hereunder shall be expressly prohibited.
Please also read our Privacy Policy carefully that you can find at . By downloading or using the Game, you also confirm that you have read PLAION's Privacy Policy (please see also Section 16 of this agreement).
1. ACCEPTANCE OF TERMS
Before downloading, installing, accessing and/or using the Game please go through the following Terms precisely. The EULA is an electronic agreement that sets out the legally binding terms of your use of the Game. When you use the Game you acknowledge and agree that you (i) are at least 14 years old (or such other minimum age as is applicable for such an agreement in your country of residence), (ii) have the full legal right, authority and capacity to enter into this Agreement and (iii) have read, understand and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not use the Game and/or Services.
THESE TERMS ARE ONLY APPLICABLE FOR THE USE OF THE GAME. FOR OTHER SERVICES; PRODUCTS OR GAMES THAT ARE OFFERED BY PLAION OR BY THIRD PARTIES, OTHER SPECIFIC END USER LICENSE AGREEMENTS MAY APPLY ADDITIONALLY.
In addition, our Privacy Policy provides you with understandable information about our use of the personal information we may collect from you during your use of our Games or other Services. Please read all of these documents carefully before accessing our Games.
2. RIGHT OF USE
By purchasing this Game and subject to the User Requirements below, PLAION grants to you a non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable personal right to install and use the Game on one computer / console. Any other use without PLAION’s prior consent is prohibited. Using the Game is solely intended for your personal, non-commercial use in accordance with these Terms. The creation of backup copies is only allowed within the scope of legal regulations.
With regard to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, Blu ray etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and similar charges, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, PLAION does not recognize any purported transfer of the Games.
Except as expressly authorized in these Terms, any use of any portion of the Game without our prior written permission is strictly prohibited and constitutes an immediate termination of the license granted herein. Any such unauthorized use may also violate applicable laws, including civil laws (particularly, copyright and trademark laws) and criminal laws, applicable communications regulations and statutes, and similar regulations. Except as expressly stated herein, nothing in this EULA shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise.
Unauthorized duplication of the Game is a criminal offence and can be punished with a prison term or with a fine, depending on the legislation the user is subject to. Any person who duplicates, distributes or publicly reproduces the Game without permission in any way, or assists another person in doing so, is liable to prosecution. Copied media duplicated without permission may be confiscated by the prosecutor’s office and destroyed.
In the event of violation of these Terms, in order to protect our intellectual property, PLAION expressly reserves the right to take all legal measures that it is legally entitled to for the protection of its intellectual property.
This license is subject to these Terms and is conditioned upon your agreement with its contents, including, without limitation, the User Requirements below.
3. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
All proprietary and intellectual property rights in relation to the Game/ Software are the property of PLAION or its licensors. The product is protected by national and international laws, copyright treaties and agreements and other laws. Any reproduction or reproduction of these Materials without the prior approval of PLAION is prohibited. Except as expressly provided in this agreement, all rights are expressly reserved by PLAION.
4. USER GENERATED CONTENT
We may offer the ability to users to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Generated Content” or “UGC”).
By submitting UGC, you grant to PLAION, its affiliates and partners, and their successors in business and assignees, employees, licensees, agents, representatives a perpetual, irrevocable, worldwide, assignable and sublicensable non-exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote UGC, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the UGC you submit. You also grant each user of the game a non-exclusive license to access your UGC as permitted through the functionality of the game and under these Terms. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.
Although our game and its content can be used to provide you with access to UGC, neither these Terms nor your use of any UGC override the UGC owners’ requirements and restrictions.
By making UGC available through our game, you represent that you have the right to create and/or provide an/or post and that such content, or its use by us as contemplated in these Terms, does not violate these Terms, applicable law or third party rights (including, without limitation, intellectual rights and personal rights), are neither defamatory, libelous, false, obscene or offensive. You agree and acknowledge that we cannot control each UGC, nor can we verify the accuracy, correctness or authenticity of the UGC provided. We do not assume any responsibility for any UGC or responsibility for any loss of or damage to any to any UGC made available by you or any third party in connection with the game. We do not actively monitor, nor are we in any way responsible for, the content of any UGC.
THE CONTENT OF THE CONTRIBUTIONS DOES NOT REFLECT THE VIEWS OF PLAION OR ITS AFFILIATES OR SUBSIDIARIES, ANYONE ASSOCIATED WITH PLAION, ITS LICENSORS OR LICENSEES, THE SERVICES OR ANY WEBSITE. PLAION RESERVES THE RIGHT TO REVIEW AND REMOVE ANY UGC AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND IN ITS SOLE DISCRETION. PLAION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO UGC.
Some UGC may have elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR CREATING AND/OR MAKING USE OF UGC.
5. USER REQUIREMENTS
PLAION may suspend or revoke your license to use the Game, or parts, components and/or single features thereof, or other products (real and/or virtual) and/or services and/or websites connected to the Game (collectively, “Services”) if you violate, or assist others in violating, the points set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile display or distribute any part of the Game or other Services in any medium, or create derivative works based on or related to the Game and its contents.
- Alter or modify or attempt to alter or modify any part of the Game or other Services.
- Use the Game or other Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game or other Services.
- Publish, post, upload, transmit, distribute or disseminate content that is beyond the acceptable level of content PLAION has set for its Games and Services such as content that is illegal, harmful, abusive, threatening, harassing, vulgar, distasteful, sexually explicit, political, libelous, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use the Game or other Services in any manner that could damage, disable, overburden, or impair any PLAION server, or the network(s) connected to any PLAION server, or interfere with any other party’s use and enjoyment of the Game.
- Take any action to interfere with, interrupt, destroy or limit the functionality of the Game or other Services, or any computer software or hardware or telecommunications equipment.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other Services or other users’ computers.
- Restrict or inhibit the use of the Game or other Services by other users in any way (for example, by running programs directed against the website, reverse engineering APIs, harassment, targeted computer attacks, unauthorized modification of the website, etc.).
- Attempt to gain unauthorized access to the Game or other Services, computer systems or networks connected to any PLAION server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Use our the Game or other Services for fraudulent transactions or other criminal means.
- Use, develop or distribute “auto” software programs, “macro” software programs, prohibited robots, spiders or other “cheat utility” software program or applications.
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service or to manipulate the Game or other Services and/or a third party site in any manner not consistent with its or their intended purpose(s).
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Game or other Services.
- Advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or PLAION representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to PLAION administrators.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Sell, buy, or transfer access to your account.
- Maintain more than one account.
- Use the Game or other Services to violate any applicable law or regulation.
- Encourage or assist anyone else to commit any of the foregoing violations.
Please note that PLAION has adopted and operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to our Games or Services may be terminated with or without additional notice to you.
If you consider that any content made available on any Service by users does not comply with these Terms, you may report this to PLAION by sending an e-mail to or a letter to the following address to PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria. All decisions in such cases will be made solely and at the sole discretion of PLAION and the respective right holders.
6. BETA TESTS
In its sole discretion, PLAION may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to PLAION a Beta Test Confidentiality Terms (“Confidentiality Terms”) for each specific Beta Test BEFORE any software or feature will be provided or made accessible to you.
In connection with the Beta Test, PLAION may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the PLAION site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of PLAION. “Confidential Information” shall mean any information designated as confidential, any information relating to PLAION’ products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that PLAION request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to PLAION. Notwithstanding the completion of the Beta Test, Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Terms.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform PLAION of your reactions and suggestions following your experience of the games, game elements, content, features and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to PLAION in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of PLAION. You therefore agree not to make your feedback accessible by any means or process to any outside party other than PLAION. You acknowledge that, unless prohibited from doing so under the applicable legislation, PLAION may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to PLAION, and PLAION is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games and features provided or given access to for the Beta Test confidential until PLAION publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the features that you are testing.
Upon request, you agree to immediately return to PLAION all copies of the pre-release copy and confidential or proprietary information PLAION provided to you. You are invited to test pre-released services for the sole purpose of evaluating the service and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta service or content that you find here. The beta service are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When testing some beta services, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular service completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing using beta versions is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve may be erased at any time, (iii) PLAION has no obligation to make these services available without charge for any period of time, nor to make them available at all, (iv) these services may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the services during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
7. WARRANTY
Because of its complex nature, software can never be expected to be completely error-free. Therefore, PLAION cannot guarantee that the contents of the Game will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, PLAION assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time the Game was created. The same applies to the accuracy and/or completeness of the accompanying documentation.
Any form of strict liability is excluded in respect of malfunctions in the Game existing at the start of the service provision; i.e. PLAION is only liable insofar as PLAION or its vicarious agents is responsible for this. If the Game should be defective upon delivery so that, despite appropriate handling, it cannot be used for the intended purpose, PLAION will either amend the Game, deliver a new copy, or refund the purchase price within two years of the date of purchase. This applies exclusively to the Game if directly purchased from PLAION.
To claim this warranty, you must send the purchased product, along with your proof of purchase and a description of the error to the following address: Technischer Dienst, c/o PLAION GmbH, Lochhamer Str. 9, D-82152 Planegg, Germany. PLAION assumes no further warranties for any direct or indirect damages resulting from the use of the product, unless these damages were caused through malicious intent or gross negligence, or such a warranty is compulsory by law.
In any case, the amount of the warranty is restricted to the purchase price of the Game. Under no circumstances will PLAION assume warranty for any unforeseeable or non-typical damages. Any claims you may have against the distributor where you purchased the Game are not affected by this.
PLAION assumes no warranty for damages incurred through inappropriate handling, in particular failure to comply with the instruction manual, incorrect initial operation, inappropriate treatment or unsuitable accessories, unless PLAION is responsible for such damages.
8. DISCLAIMER FOR WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE GAME OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” “WHEREIS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PLAION MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT PLAION DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND/OR DELETING YOUR ACCOUNT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PLAION DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND/OR THE WEBSITES.
THE USER SHALL BEAR ALL COSTS OF ITS OWN INFRASTRUCTURE NECESSARY FOR THE USE OF THE SERVICES. THE USER SHALL BEAR ALL RISKS ASSOCIATED WITH THE EXPENDITURE OF TIME AND EFFORT OR THE LOSS OF DATA (IN PARTICULAR GAME DATA) OR WITH DISRUPTIONS OR LOSS OF COMMERCIAL OR OTHER INFORMATION THROUGH THE USE OF THE SERVICES.
9. LIABILITY LIMITATION FOR USERS BASED OUTSIDE THE EUROPEAN UNION.
To the maximum extent permitted by applicable law, in no event will PLAION or its affiliates and subsidiaries be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and/or tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or nonperformance of the services, even if PLAION has been advised previously of the possibility of such damages and whether such claims of damages may have been sustained anywhere in the world in contract, negligence, tort, under statute, in equity, at law, or otherwise. unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. moreover, under no circumstances will PLAION, its licensors or licensees, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond its or their reasonable control. PLAION may change or delete content or features in the services in any way, at any time and for any reason or no reason. the limitations, exclusions and disclaimers in this section and elsewhere in these terms apply to the maximum extent permitted by applicable law.
10. LIABILITY LIMITATION FOR USERS BASED IN THE EUROPEAN UNION.
PLAION is liable according to the statutory provisions for damage/loss sustained by a user and caused deliberately or through the gross negligence of PLAION or its vicarious agents. It is likewise liable for personal injury and damage within the definition of the Product Liability Law. Otherwise PLAION’ liability in relation to compensation claims – irrespective of the legal basis – is limited in accordance with the following provisions, unless otherwise provided for under a guarantee made by PLAION:
In relation to damage/loss caused by ordinary negligence, PLAION shall only be liable insofar as the matter relates to a breach of material contractual duties. Material contractual duties are those contractual obligations the fulfilment of which is strictly necessary in order that the agreement can be duly executed, whereby the user should normally be able to rely on these duties being fulfilled. In the event that PLAION is hereby liable for ordinary negligence, the liability PLAION will be limited to that damage/loss which is foreseeable and typical for this type of agreement. The liability of PLAION in relation to data and/or programs lost due to PLAION’ ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure. The aforementioned disclaimers likewise apply in favor of PLAION’ vicarious agents.
PLAION is not liable for any costs sustained by the user availing of services not explicitly offered by PLAION itself. This applies particularly to costs incurred due to the data transfer to and from the user’s terminal device as well as for any costs sustained by the user in using payment systems.
11. INDEMNITY
You understand that you are personally responsible for your behavior while using our game and while you are on the websites and agree to indemnify and hold PLAION and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of the game or your violation of these Terms, applicable law, or the rights of any third party.
12. TERMINATION
This EULA is valid until it is terminated. Termination implies the destruction of the Game as well as all copies. PLAION my terminate this EULA with immediate effect in the event that you commit a significant violation of these Terms. In such case you must promptly destroy the Game without substitution and remove the Game client from your hard drive. With termination of this EULA for whatever reason, all licenses granted herein are considered to be immediately terminated, without substitution.
13. RIGHT OF WITHDRAWAL
For users subject to the jurisdiction of the European Union the following shall apply:
You have the right to withdraw from these Terms within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding these Terms.
To exercise your right of withdrawal, you need to inform us (PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, phone: +43 5672 606 0, fax: +43 5672 606 90101, email: ) of your decision to withdraw from these Terms with a clear declaration (e.g. a letter sent by post, fax or e- mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL
If you withdraw these Terms, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw these Terms. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
SPECIAL INFORMATION FOR THE WITHDRAWAL
PLEASE NOTE THAT YOUR RIGHT TO WITHDRAW EXPIRES PRIOR TO THE EXPIRY OF 14 DAYS, IF WE HAVE PROVIDED SERVICES TO YOU IMMEDIATELY UPON THE START OF THESE TERMS AND HAVE INFORMED YOU ABOUT SUCH PRIOR EXPIRY BEFORE PROVIDING SERVICES AND HAVE RECEIVED YOUR CONSENT THERETO.
SAMPLE WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
PLAION GmbH, Embracer Platz 1, A-6604 Hoefen, Austria, fax: +43 5672 606 90101, email: :
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
14. NO ASSIGNMENT
You may not assign or transfer all or some of your rights or obligations under this Agreement without PLAION's prior written approval, and any attempt to do so without such consent shall be void. If the restrictions on the transfer of the Game/ Software in this Agreement are unenforceable under the laws of your country, this Agreement shall be binding on any transferee of the Software and to the extent permitted by the applicable law.
15. GOVERNING LAW
If you live in the European Union, United Kingdom, Norway, Switzerland, or Russia these Terms and your use of the game shall be governed by the laws of your country of residence; and any claim or legal proceeding arising out of or relating to these Terms or the use of the game shall be subject to the jurisdiction of the courts having jurisdiction under the laws of your country of residence.
In the event that disputes or claims arise in connection with these provisions, the European Commission provides a platform to facilitate the independent and out-of-court resolution of online disputes between consumers and professional suppliers, accessible at the following address:
PLAION is not obligated to and nor does it intend to participate in this or any other process for Online Dispute Resolution.
If you reside in another country these Terms and your use of our game shall be governed by the laws of Austria, without regard to Austrian conflict of laws principles; and you irrevocably consent to the exclusive jurisdiction of the courts of Austria for the resolution of any such dispute or claim.
16. PRIVACY
Please visit for information about the processing of your data and your legal rights.
17. UPDATES TO EULA
PLAION reserves the right to modify and update these Terms at any time, for example for safety, security, legal, best practice and/or regulatory reasons and in accordance with applicable laws. If we change our Terms, we will post those changes to these Terms on our website (revised versions of this licensing agreement will be posted on the Prime Matter website (. If we make material or significant changes to these Terms, we will notify you by email or by a notice on the applicable websites or during log in. You should check the website periodically for changes, as they are binding on you. Updates to these Terms affecting the game shall be effective thirty (30) days after publishment or notice. Your continued use of the game will signify your acceptance of the changes to the amended terms. If you do not agree with the changes to these Terms, you may terminate the license and stop using the Game. Any use of the Game after the effective date of the amended terms will constitute your consent to the amended terms.
18. EXPORT CONTROL
You may not use, access or otherwise export or re-export the products except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Games may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Game, you represent and warrant that you are not located in any such country or on any such list.
19. FINAL PROVISIONS
These Terms and the) policies incorporated herein together with any game-specific terms or other additional terms you may have agreed upon with PLAION, are the entire agreement between you and PLAION. They supersede any and all prior or contemporaneous agreements between you and PLAION relating to your use of our game and/or the websites. Your own terms and conditions expressly do not form a part of these Terms. PLAION may assign these Terms, in whole or in part, at any time. Headings are for convenience of reference only and shall not affect the interpretation or construction of these Terms. Failure of PLAION to partially or fully exercise any rights or the waiver of PLAION of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by PLAION or be deemed a waiver by PLAION of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of PLAION under these Terms and any other applicable agreement between you and PLAION shall be cumulative, and the exercise of any such right or remedy shall not limit PLAION’s right to exercise any other right or remedy.
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 allow it. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction does not allow them in your circumstances. In the event that certain provisions of this Agreement are held unenforceable by a court, those provisions shall be enforced only to the extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
If a provision of these Terms is or becomes wholly or partially invalid, the validity of the remaining provisions will remain unaffected. These Terms establish and encompass all legal agreements between the parties in relation to the subject matter of their agreement and replaces all former verbal or written agreements, whereby it is assumed that this agreement exists parallel to the terms of use and does not replace them.
I HEREBY CONFIRM THAT I HAVE READ AND UNDERSTOOD THE ABOVE END USER LICENSING AGREEMENT. BY INSTALLING THE GAME CLIENT, I CONFIRM MY ACCEPTANCE OF THESE TERMS CONTAINED THEREIN WITHOUT RESERVE.