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Cassagi Entertainment s.r.o., Ružová 14, Malá Ida 044 20, Slovakia
END USER LICENCE AGREEMENT
IMPORTANT, PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “You”, or “End User”) and Cassagi Entertainment s.r.o. (“Cassagi”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software and related services (all jointly, the “Product”) currently provided or which will be provided by Cassagi.
This EULA sets out the basis on which Cassagi makes the Products available to you and on which You may use them. By installing or using the Product, You agree to accept and be bound by this EULA at all time. If You do not agree to the terms of this EULA, please do not install or use the Product.
This Product is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Cassagi.
You confirm that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 4 on the collection of information.
Cassagi reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 11.
1. GRANT OF LICENSE. 1.1 Cassagi (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or Cassagi terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from Cassagi. Updates, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Cassagi. In all cases, You may only use the Product according to the anticipated use of the Product.
For example purposes, and without limiting Cassagi’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the
Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any
of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted
data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on Cassagi Product
and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example, server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of Cassagi, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users of the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Cassagi’s
personnel;
i. falsely claim to be an employee or representative of Cassagi or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with Cassagi.
2. OWNERSHIP. All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, domain names and any other elements which are part of the Product, individually or in combination) and all copies thereof are owned by Cassagi or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Cassagi’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Cassagi’s prior permission. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Cassagi.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT. The product may be protected by digital rights management software (“DRM software”). in such case, you hereby agree, acknowledge and consent to the following regarding the DRM software: (i) the installation of the product will cause the DRM software to be installed on your computer; (ii) the DRM software may limit the number of installations of the product; (iii) the DRM software may install on your computer additional components required for copy protection; and (iv) during the installation and/or the first launch of the product, an online connection may be required to unlock the product through the DRM software. In no event shall Cassagi be liable in connection with the components that may be installed on your computer by any DRM software.
4. COLLECTION OF order to provide You with a better game experience, adapted services and Product support, Cassagi may collect and store data about You in relation to Your use of the Product. Such information includes your SteamID, computer configuration, gameplay behaviour and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the product. Cassagi may use any collected information to improve its products, administer the Product, analyze trends, or to provide services to you. In addition, Cassagi may use this information for the purpose of research, development, administration, support and marketing of Cassagi products and services.
5. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third-party program, information may be communicated back to Cassagi, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third-party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that Cassagi is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product.
6. SUPPORT SERVICES.
Cassagi may provide you with technical support and community management services related to the Product (“Support Services”). Cassagi reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Cassagi for Support Services at [email protected].
7. PATCHES, UPDATES AND CHANGES.You acknowledge and accept that from time to time, Cassagi may patch or update the Product for the purpose of resolving software bugs or other issues, rebalancing the Product or adding and/or removing features in the Product.
8. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY. You expressly acknowledge that the use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an “as is” and “as available“ basis. Cassagi, its licensors, and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to:
(a) its conformity, accuracy, currentness, completeness, reliability or security
(b) its suitability for a particular use;
(c) implied warranties of title, non-infringement;
(d) its market value; or
(e) your satisfaction.
Cassagi does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.
To the fullest extent permissible under applicable law, in no event will Cassagi, its licensors, and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third-party service. This includes without limitation: (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.
Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Cassagi, its licensors, and associated service providers is to cease to use the product; and if applicable, seek damages for your losses.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part. Nor any other liability which cannot be excluded or limited under applicable law.
For purposes of this section Cassagi, its licensors, and associated service providers are third-party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.
9. INDEMNITY. You are solely responsible for any damage caused to Cassagi, its licensors, associated service providers and subcontractors, other product users or any other individual or legal entity as a result of Your violation of this EULA.
You hereby agree to defend, indemnify and keep indemnified Cassagi, its licensors, and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this EULA or (b) your use or misuse of the product.
The provisions of this Section shall remain in force after the termination of this EULA.
10. TERMINATION.
The EULA is effective from the earlier of the date You download, purchase or use the Product until terminated according to its terms. You and Cassagi (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Cassagi will be effective upon (a) notice to You or (b) at the time of Cassagi’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
11. CHANGES TO THIS EULA OR TO THE PRODUCT. Cassagi reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 10 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
Cassagi may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Cassagi may stop to support previous versions of the Product upon the availability of an updated version.
12. MISCELLANEOUS. 12.1 Law, Jurisdiction and Dispute Resolution.
You agree that this EULA shall be deemed to have been made and executed in Slovakia and any dispute arising under this EULA shall be resolved in accordance with the laws of Slovakia, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
Dispute Resolution Most concerns regarding this EULA or the Product (“Disputes”) can be resolved by contacting Cassagi at [email protected]. Therefore, you agree first to attempt to negotiate any Dispute informally with Cassagi for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Slovakia for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action.
12.2 Severance.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Cassagi’s initial intentions.
12.3 No Waiver.
No failure or delay by CASSAGI (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
For any questions concerning this EULA, you may contact Cassagi at the following address: [email protected]
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
END USER LICENCE AGREEMENT
IMPORTANT, PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “You”, or “End User”) and Cassagi Entertainment s.r.o. (“Cassagi”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-game content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software and related services (all jointly, the “Product”) currently provided or which will be provided by Cassagi.
This EULA sets out the basis on which Cassagi makes the Products available to you and on which You may use them. By installing or using the Product, You agree to accept and be bound by this EULA at all time. If You do not agree to the terms of this EULA, please do not install or use the Product.
This Product is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Cassagi.
You confirm that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 4 on the collection of information.
Cassagi reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 11.
1. GRANT OF LICENSE. 1.1 Cassagi (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or Cassagi terminates this EULA. You must in no event use, nor allow others to use the Product or this License for commercial purposes without obtaining a license to do so from Cassagi. Updates, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by Cassagi. In all cases, You may only use the Product according to the anticipated use of the Product.
For example purposes, and without limiting Cassagi’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the
Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any
of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted
data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on Cassagi Product
and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example, server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of Cassagi, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users of the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Cassagi’s
personnel;
i. falsely claim to be an employee or representative of Cassagi or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with Cassagi.
2. OWNERSHIP. All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, domain names and any other elements which are part of the Product, individually or in combination) and all copies thereof are owned by Cassagi or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Cassagi’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Cassagi’s prior permission. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by Cassagi.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT. The product may be protected by digital rights management software (“DRM software”). in such case, you hereby agree, acknowledge and consent to the following regarding the DRM software: (i) the installation of the product will cause the DRM software to be installed on your computer; (ii) the DRM software may limit the number of installations of the product; (iii) the DRM software may install on your computer additional components required for copy protection; and (iv) during the installation and/or the first launch of the product, an online connection may be required to unlock the product through the DRM software. In no event shall Cassagi be liable in connection with the components that may be installed on your computer by any DRM software.
4. COLLECTION OF order to provide You with a better game experience, adapted services and Product support, Cassagi may collect and store data about You in relation to Your use of the Product. Such information includes your SteamID, computer configuration, gameplay behaviour and progress, browser type, platform type and software usage. This information is gathered periodically to facilitate the provision of software updates, product support and other services related to the product. Cassagi may use any collected information to improve its products, administer the Product, analyze trends, or to provide services to you. In addition, Cassagi may use this information for the purpose of research, development, administration, support and marketing of Cassagi products and services.
5. CONSENT TO MONITOR.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third-party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third-party program, information may be communicated back to Cassagi, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third-party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third-party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that Cassagi is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product.
6. SUPPORT SERVICES.
Cassagi may provide you with technical support and community management services related to the Product (“Support Services”). Cassagi reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Cassagi for Support Services at [email protected].
7. PATCHES, UPDATES AND CHANGES.You acknowledge and accept that from time to time, Cassagi may patch or update the Product for the purpose of resolving software bugs or other issues, rebalancing the Product or adding and/or removing features in the Product.
8. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY. You expressly acknowledge that the use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an “as is” and “as available“ basis. Cassagi, its licensors, and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to:
(a) its conformity, accuracy, currentness, completeness, reliability or security
(b) its suitability for a particular use;
(c) implied warranties of title, non-infringement;
(d) its market value; or
(e) your satisfaction.
Cassagi does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.
To the fullest extent permissible under applicable law, in no event will Cassagi, its licensors, and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third-party service. This includes without limitation: (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.
Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Cassagi, its licensors, and associated service providers is to cease to use the product; and if applicable, seek damages for your losses.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part. Nor any other liability which cannot be excluded or limited under applicable law.
For purposes of this section Cassagi, its licensors, and associated service providers are third-party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.
9. INDEMNITY. You are solely responsible for any damage caused to Cassagi, its licensors, associated service providers and subcontractors, other product users or any other individual or legal entity as a result of Your violation of this EULA.
You hereby agree to defend, indemnify and keep indemnified Cassagi, its licensors, and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this EULA or (b) your use or misuse of the product.
The provisions of this Section shall remain in force after the termination of this EULA.
10. TERMINATION.
The EULA is effective from the earlier of the date You download, purchase or use the Product until terminated according to its terms. You and Cassagi (or its licensors) may terminate this EULA, at any time, for any reason. Termination by Cassagi will be effective upon (a) notice to You or (b) at the time of Cassagi’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
11. CHANGES TO THIS EULA OR TO THE PRODUCT. Cassagi reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 10 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
Cassagi may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that Cassagi may stop to support previous versions of the Product upon the availability of an updated version.
12. MISCELLANEOUS. 12.1 Law, Jurisdiction and Dispute Resolution.
You agree that this EULA shall be deemed to have been made and executed in Slovakia and any dispute arising under this EULA shall be resolved in accordance with the laws of Slovakia, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.
Dispute Resolution Most concerns regarding this EULA or the Product (“Disputes”) can be resolved by contacting Cassagi at [email protected]. Therefore, you agree first to attempt to negotiate any Dispute informally with Cassagi for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Slovakia for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action.
12.2 Severance.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Cassagi’s initial intentions.
12.3 No Waiver.
No failure or delay by CASSAGI (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
For any questions concerning this EULA, you may contact Cassagi at the following address: [email protected]
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.