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END USER LICENSE AGREEMENT
By downloading, installing, accessing, or using the Game, you acknowledge agreement with the terms of this EULA. If you disagree with these terms, do not purchase, download, install, access, or use the game. By purchasing, downloading, installing, accessing, or using the Game, you agree that you have read, understood, and agreed to be bound by this EULA. For residents of some countries, you agree to the arbitration agreement and class action waiver described below to resolve any disputes.
Third-party trademarks, trade names, product names, and logos may be the trademarks or registered trademarks of their respective owners. In the Game, you may not remove or alter any trademark, trade name, product name, logo, copyright, or other proprietary notices, legends, symbols, or labels. This EULA does not authorize you to use MADFINGER's or its licensors' names or any of their respective trademarks.
As between MADFINGER and you, MADFINGER is the owner of all rights, title, and interest in and to the Game (including all copyrights, trademarks, and patents) regardless of the media or form of the Game; whether online, on disk, or otherwise.
You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, MADFINGER's exclusive right and title to the Game or the validity thereof.
paid the applicable price, have registered and hold a valid User Account, MADFINGER grants You a personal, limited, non-exclusive license to install and use the Game for your personal, non-commercial use solely as outlined in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game. The terms of your license shall commence on the date that you start to download, install, or otherwise use the Game, and shall end on the earlier date I. when you dispose of the Game or II. MADFINGER terminates this License.
You may create footage (screenshots and videos) of the game and share it online (e.g. on YouTube or Twitch). We reserve the right to take down such footage if it shows or promotes hacking, cheating, or any other distasteful, obscene, discriminatory, or unlawful behavior. We permit you to make money (e.g., advertisement revenues) from this footage, but only if you add enough of your own content (for example, commentary) to the footage that would justify it.
You may download the Game from an authorized source. You may not make the Game available on a network where multiple users could use or download it.
You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software, and your use of the Game to validate your license rights and update the Game.
You agree that the game may automatically download and install updates, upgrades, and additional features that MADFINGER deems reasonable, beneficial to you, and/or reasonably necessary. You acknowledge and agree that any obligation of MADFINGER Games to support the previous version(s) will be ended upon the availability of the update, upgrade, and/or implementation of additional features.
By playing the Game, you give consent to MADFINGER to collect and monitor Game data and statistics for the purpose of detecting the use of illegal third-party applications, such as 'hacks,' 'mods,' and 'bots' (including digital documentation) from your use of the game and aggregate such Data to record and prevent instances of cheating. If a discrepancy in the data is found, further information will be reported to MADFINGER, including your account name, details of the data discrepancy, and the time and date. MADFINGER may exercise any or all of its rights under this agreement, with or without prior notice to you.
MADFINGER knows that information about our customers is an important part of our business. MADFINGER would never sell your personally identifiable information to anyone, nor would it use spyware or install spyware on users' machines.
Personal information that you give to MADFINGER directly and information that MADFINGER collects, as specified in the second point of this section, will be used for purposes such as improving our products and services, troubleshooting bugs, and otherwise improving your user experience.
Further information about MADFINGER data collection and privacy policies for the user account can be found on our website.
create a false identity for the purpose of misleading others,
publish, transfer, or distribute any inappropriate, indecent, obscene, foul, or unlawful conduct,
use third-party party software to modify the game,
violate the rights of others, defame, abuse, harass, threaten, spam, or otherwise interfere with other users' use of the Game,
exploit bugs for your personal gain, or diminish the experience of other players.
copy or reproduce the Game, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on or related to the game.
Any form of cheating or engaging in prohibited actions listed above, including but not limited to hacking, exploiting bugs, using unauthorized third-party software, or engaging in any behavior that compromises the integrity of our platform, will result in immediate termination of your account without prior notice and revoking of the license. We reserve the right to take appropriate action, including banning your account and blocking access to our services if such violations are detected. We are committed to maintaining a fair and enjoyable environment for all users, and we appreciate your cooperation in upholding these standards.
You are not entitled to any updates, and the company is not obligated to develop or provide any updates.
By utilizing our integrated chat or voice chat features, users acknowledge and agree that MADFINGER bears no responsibility or liability for other players' conduct, actions, or behaviors during interactions via voice chat. Users are solely responsible for their own use of the voice chat feature and are expected to adhere to our community guidelines and terms of service. Our company reserves the right to monitor and moderate voice chat interactions to ensure compliance with these guidelines.
You agree that provisions in this License that limit liability are essential terms of this License.
8. Third-Party Content and Game
The Game may utilize or include third-party content, software, or other copyrighted material ("Third Party Content"). Your use of such third-party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions of the third party. MADFINGER expressly disclaims any and all warranties in connection with the Third-Party Content and shall have no liability therewith.
Using the Game may allow you to connect with third-party applications or websites ("Third Party Applications"). Your use of Third Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you also accept the additional terms and conditions, if any, set forth therein. MADFINGER expressly disclaims all warranties in connection with the Third Party Applications and shall have no liability therewith.
MADFINGER is not liable for costs arising out of services demanded by the End user that MADFINGER does not provide. This shall, in particular, apply to data transfer costs from or to the End user’s device to a third party.
Monitoring and Enforcement: We reserve the right to monitor VoIP communications to investigate and enforce compliance with this EULA. However, we are not obliged to monitor these communications actively. If misconduct is reported or detected, we may review audio logs and take appropriate actions.
Consequences of Toxic Behavior: Engaging in toxic behavior through VoIP, such as the use of threats, harassment, the use of hate speech, or any other form of verbal abuse, will result in disciplinary measures. These measures may include temporary or permanent muting of VoIP privileges, account suspension, or account termination, depending on the severity of the offense.
User Responsibility: You are responsible for all content that you transmit through the VoIP service provided by the Software. The user must respect the rights of other users and refrain from engaging in behavior that may be harmful or offensive to others.
Dispute Resolution and Reporting: Users are encouraged to report any instances of toxicity or abuse encountered during VoIP communications using the tools provided in the Software. Detailed instructions on how to report such behavior are available in our support section or directly through the user interface.
Changes and Amendments: We reserve the right to amend the policies governing VoIP usage at any time. Changes will be communicated to users through appropriate channels, and continued use of the VoIP features following any changes will constitute your acceptance of such changes.
Initial Review: Before initiating an appeal, please review your account's terms of service and rules of conduct. Understanding these can explain why a ban might have been enacted, even erroneously.
Appeal Submission: Fill out the appeal form provided on our official website. Please include your account name, the date of the ban, and any other relevant details. Clearly describe why you believe the ban is a false positive. Include any evidence or information supporting your claim, such as timestamps, screenshots, or logs. Attach any supporting documents or files that may help overturn the ban. This can include logs, chat histories, or video captures. Once you submit your appeal, please ensure the email address associated with your account is up to date so that all correspondence is received. Our support team will review your appeal. This process typically takes between 7-14 days, depending on the complexity of the case and the volume of appeals. We may contact you for further information or clarification during this time, so please be responsive to any inquiries.
You will be notified via email of the outcome of your appeal. If the ban is found to be a false positive, it will be lifted, and your account will be reinstated. If the appeal is denied, you will be provided with the reason and, if applicable, further steps you can take if you believe the decision is incorrect. We strive to minimize false positives and improve our detection systems. Feedback on the appeal process is welcomed and can be submitted through our customer feedback form.
The Software incorporates Easy Anti-Cheat, a third-party Digital Rights Management (DRM) and anti-cheat engine, to ensure a fair gaming environment and protect against cheating and piracy.
DRM Functions:
Easy Anti-Cheat runs concurrently with the Software, monitoring system processes and game files to detect and prevent cheating software and unauthorized modifications. This may include scanning memory and file system interactions, as well as other activities related to the Software.
User Consent:
By installing and using the Software, you consent to the operation of Easy Anti-Cheat and acknowledge that it is necessary to maintain the integrity and fair play of the Software.
You understand that Easy Anti-Cheat may collect data necessary to identify cheating, including but not limited to system specifications, unique identifiers of hardware, and in-game interactions.
Data Handling:
All data collected by Easy Anti-Cheat is handled in accordance with the Privacy Policy, which details how personal and non-personal information is collected, used, and protected.
Restrictions Imposed by DRM:
Any attempt to disable or interfere with the functioning of Easy Anti-Cheat may result in the termination of the Software's functionality and your account being subject to penalties, including but not limited to suspension or ban.
Rights to Disable DRM:
You have the right to uninstall the Software at any time; however, uninstalling the Software will also remove the associated DRM components. Reinstallation of the Software will require a reinstallation of the DRM components.
Resolution of DRM Issues:
In the event that Easy Anti-Cheat malfunctions or incorrectly identifies cheating, you are encouraged to contact our customer support to resolve the issue.
All virtual content appearing within the service or Games, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: Names, likenesses, inventories, and catchphrases of Game characters;
Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
All data and communications generated by or occurring through the service or the Games;
All sounds, musical compositions, recordings, and sound effects originating in the service or Games;
All recordings, Game replays, reenactments of in-game matches, battles, duels, etc.;
Computer code, including but not limited to “Applets” and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Games;
All Accounts. Note that MADFINGER owns all Accounts and that all use of an Account shall work to MADFINGER´s benefit. MADFINGER does not recognize the transfer of Accounts. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
All present and future claims from this Agreement shall be finally resolved by the eligible court in Brno regardless if the End user has residence inside or outside the Czech Republic or is not known. Mandatory Council Regulation (EC) regulations on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are unaffected hereby.
All rights not explicitly granted in this agreement are reserved.
The failure or delay of MADFINGER to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or the breach.
This agreement constitutes the complete and exclusive agreement between MADFINGER and End-user with respect to the subject matter hereof and supersedes all proposals, representations, understandings, and prior agreements, whether oral or written and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement that is found to be invalid or unenforceable shall be deemed deleted, and the rest of this agreement shall remain unaffected.
Notwithstanding any provisions in this Agreement to the contrary, we agree that if MADFINGER makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.
1. Definitions
This End User License Agreement (referred to as "EULA" or “Licence”) is a legal agreement between you, also referred to as "you" or "End User," and MADFINGER Games, a.s., also referred to as “Company” or “Madfinger Games” to grant you a license to use Gray Zone Warfare, referred to as “Game” as outlined in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by MADFINGER.By downloading, installing, accessing, or using the Game, you acknowledge agreement with the terms of this EULA. If you disagree with these terms, do not purchase, download, install, access, or use the game. By purchasing, downloading, installing, accessing, or using the Game, you agree that you have read, understood, and agreed to be bound by this EULA. For residents of some countries, you agree to the arbitration agreement and class action waiver described below to resolve any disputes.
2. Ownership/Intellectual Property Rights
As the end user, you, through your purchasing, downloading, installing, or use of this product, do not acquire any ownership rights to the Game. The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this Agreement are licensed, not sold, to you by MADFINGER.Third-party trademarks, trade names, product names, and logos may be the trademarks or registered trademarks of their respective owners. In the Game, you may not remove or alter any trademark, trade name, product name, logo, copyright, or other proprietary notices, legends, symbols, or labels. This EULA does not authorize you to use MADFINGER's or its licensors' names or any of their respective trademarks.
As between MADFINGER and you, MADFINGER is the owner of all rights, title, and interest in and to the Game (including all copyrights, trademarks, and patents) regardless of the media or form of the Game; whether online, on disk, or otherwise.
You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, MADFINGER's exclusive right and title to the Game or the validity thereof.
3. License grant
Under the condition that: You have legally acquired a copy of the game,paid the applicable price, have registered and hold a valid User Account, MADFINGER grants You a personal, limited, non-exclusive license to install and use the Game for your personal, non-commercial use solely as outlined in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game. The terms of your license shall commence on the date that you start to download, install, or otherwise use the Game, and shall end on the earlier date I. when you dispose of the Game or II. MADFINGER terminates this License.
You may create footage (screenshots and videos) of the game and share it online (e.g. on YouTube or Twitch). We reserve the right to take down such footage if it shows or promotes hacking, cheating, or any other distasteful, obscene, discriminatory, or unlawful behavior. We permit you to make money (e.g., advertisement revenues) from this footage, but only if you add enough of your own content (for example, commentary) to the footage that would justify it.
You may download the Game from an authorized source. You may not make the Game available on a network where multiple users could use or download it.
You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software, and your use of the Game to validate your license rights and update the Game.
You agree that the game may automatically download and install updates, upgrades, and additional features that MADFINGER deems reasonable, beneficial to you, and/or reasonably necessary. You acknowledge and agree that any obligation of MADFINGER Games to support the previous version(s) will be ended upon the availability of the update, upgrade, and/or implementation of additional features.
4. Consent to Collection and Use of Data
During the process of registration and unlocking, updating, or upgrading the Game, and when technical support is provided, MADFINGER may collect and use technical information to improve the Game or for support purposes.By playing the Game, you give consent to MADFINGER to collect and monitor Game data and statistics for the purpose of detecting the use of illegal third-party applications, such as 'hacks,' 'mods,' and 'bots' (including digital documentation) from your use of the game and aggregate such Data to record and prevent instances of cheating. If a discrepancy in the data is found, further information will be reported to MADFINGER, including your account name, details of the data discrepancy, and the time and date. MADFINGER may exercise any or all of its rights under this agreement, with or without prior notice to you.
MADFINGER knows that information about our customers is an important part of our business. MADFINGER would never sell your personally identifiable information to anyone, nor would it use spyware or install spyware on users' machines.
Personal information that you give to MADFINGER directly and information that MADFINGER collects, as specified in the second point of this section, will be used for purposes such as improving our products and services, troubleshooting bugs, and otherwise improving your user experience.
Further information about MADFINGER data collection and privacy policies for the user account can be found on our website.
5. Code of Conduct
Through the action of purchasing, downloading, installing, or playing the game, you acknowledge and agree that you will not:create a false identity for the purpose of misleading others,
publish, transfer, or distribute any inappropriate, indecent, obscene, foul, or unlawful conduct,
use third-party party software to modify the game,
violate the rights of others, defame, abuse, harass, threaten, spam, or otherwise interfere with other users' use of the Game,
exploit bugs for your personal gain, or diminish the experience of other players.
copy or reproduce the Game, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on or related to the game.
Any form of cheating or engaging in prohibited actions listed above, including but not limited to hacking, exploiting bugs, using unauthorized third-party software, or engaging in any behavior that compromises the integrity of our platform, will result in immediate termination of your account without prior notice and revoking of the license. We reserve the right to take appropriate action, including banning your account and blocking access to our services if such violations are detected. We are committed to maintaining a fair and enjoyable environment for all users, and we appreciate your cooperation in upholding these standards.
6. Limitation of Liability
The Game is provided on an “as is“ basis without any additional warranty, this means that MADFINGER does not warrant that the Games are free of errors.You are not entitled to any updates, and the company is not obligated to develop or provide any updates.
By utilizing our integrated chat or voice chat features, users acknowledge and agree that MADFINGER bears no responsibility or liability for other players' conduct, actions, or behaviors during interactions via voice chat. Users are solely responsible for their own use of the voice chat feature and are expected to adhere to our community guidelines and terms of service. Our company reserves the right to monitor and moderate voice chat interactions to ensure compliance with these guidelines.
You agree that provisions in this License that limit liability are essential terms of this License.
7. Indemnification
The end user agrees to indemnify, defend, and hold harmless MADFINGER and its affiliates and their respective officers, employees, directors, agents, end users (excluding you), sub-end users (excluding you), successors, and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from: your breach of any term of this EULA; your violation of any rights of any third party or your use or misuse of the Game. Your indemnification obligations outlined in the immediately preceding sentence shall survive the termination of this EULA.8. Third-Party Content and Game
The Game may utilize or include third-party content, software, or other copyrighted material ("Third Party Content"). Your use of such third-party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions of the third party. MADFINGER expressly disclaims any and all warranties in connection with the Third-Party Content and shall have no liability therewith.
Using the Game may allow you to connect with third-party applications or websites ("Third Party Applications"). Your use of Third Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you also accept the additional terms and conditions, if any, set forth therein. MADFINGER expressly disclaims all warranties in connection with the Third Party Applications and shall have no liability therewith.
MADFINGER is not liable for costs arising out of services demanded by the End user that MADFINGER does not provide. This shall, in particular, apply to data transfer costs from or to the End user’s device to a third party.
9. Cheater Report
Please use the "send feedback button" in-game menu to redirect you to the report form. Gather as much evidence as possible. This could include screenshots, video recordings, detailed incident descriptions, timestamps, and relevant player usernames or IDs. This information will support your claim.10. Prohibited Cheating
- Aimbotting: Software that automatically aims at enemies, often resulting in impossibly precise shots.
- Wallhacks: Cheats that allow players to see through walls or other obstacles, revealing the positions of other players.
- Speedhacks: Modifications that increase a player's movement speed beyond normal limits.
- Exploits: Using game bugs or glitches to gain an unfair advantage, like accessing out-of-bounds areas or duplicating items.
- Macro Use: Automating actions through Software or hardware (like a macro-enabled keyboard) to perform tasks faster than humanly possible.
- Resource Hacking: Altering game files or data to increase resources, health, ammo, etc., beyond what is ordinarily allowable.
- DDoS Attacks: Disrupting another player's connection through a Distributed Denial of Service attack to cause them to disconnect or lag severely.
- Scripting: Using scripts to automate complex actions that give an unfair competitive advantage in gameplay.
- Modded Controllers/Hardware: Using third-party hardware that modifies gameplay, such as controllers that allow rapid fire or other unauthorized modifications.
- Other practices are considered cheating by industry standards.
11. Voice Over Internet Protocol (VoIP) Communications
Acceptable Use Policy: The Software includes VoIP features that enable live voice communication between users. You agree to use these communication features only for lawful and appropriate purposes. You must not use VoIP services to transmit abusive, offensive, harassing, or otherwise objectionable material.Monitoring and Enforcement: We reserve the right to monitor VoIP communications to investigate and enforce compliance with this EULA. However, we are not obliged to monitor these communications actively. If misconduct is reported or detected, we may review audio logs and take appropriate actions.
Consequences of Toxic Behavior: Engaging in toxic behavior through VoIP, such as the use of threats, harassment, the use of hate speech, or any other form of verbal abuse, will result in disciplinary measures. These measures may include temporary or permanent muting of VoIP privileges, account suspension, or account termination, depending on the severity of the offense.
User Responsibility: You are responsible for all content that you transmit through the VoIP service provided by the Software. The user must respect the rights of other users and refrain from engaging in behavior that may be harmful or offensive to others.
Dispute Resolution and Reporting: Users are encouraged to report any instances of toxicity or abuse encountered during VoIP communications using the tools provided in the Software. Detailed instructions on how to report such behavior are available in our support section or directly through the user interface.
Changes and Amendments: We reserve the right to amend the policies governing VoIP usage at any time. Changes will be communicated to users through appropriate channels, and continued use of the VoIP features following any changes will constitute your acceptance of such changes.
12. Prohibition of Virtual Machines and Emulation Software
Restrictions on Use: The User agrees not to run the Software on virtual machines, emulators, or other virtualized environments. This restriction applies to all forms of virtualization technology, including but not limited to VMware, VirtualBox, Hyper-V, and any other software or hardware solutions that emulate or virtualize hardware.13. Instructions for Disputing False Positive Bans / Ban Appeal
Check the Gray Zone Warfare official website and the support section for information on how to submit an appeal. Clearly state why you believe the ban was a mistake, and provide any evidence you have that may support your case. Follow the instructions to submit your appeal and await the response depending on the game's support team workload.Initial Review: Before initiating an appeal, please review your account's terms of service and rules of conduct. Understanding these can explain why a ban might have been enacted, even erroneously.
Appeal Submission: Fill out the appeal form provided on our official website. Please include your account name, the date of the ban, and any other relevant details. Clearly describe why you believe the ban is a false positive. Include any evidence or information supporting your claim, such as timestamps, screenshots, or logs. Attach any supporting documents or files that may help overturn the ban. This can include logs, chat histories, or video captures. Once you submit your appeal, please ensure the email address associated with your account is up to date so that all correspondence is received. Our support team will review your appeal. This process typically takes between 7-14 days, depending on the complexity of the case and the volume of appeals. We may contact you for further information or clarification during this time, so please be responsive to any inquiries.
You will be notified via email of the outcome of your appeal. If the ban is found to be a false positive, it will be lifted, and your account will be reinstated. If the appeal is denied, you will be provided with the reason and, if applicable, further steps you can take if you believe the decision is incorrect. We strive to minimize false positives and improve our detection systems. Feedback on the appeal process is welcomed and can be submitted through our customer feedback form.
14. Incorporation of Third-Party Digital Rights Management (DRM)
Use of Third-Party DRM:The Software incorporates Easy Anti-Cheat, a third-party Digital Rights Management (DRM) and anti-cheat engine, to ensure a fair gaming environment and protect against cheating and piracy.
DRM Functions:
Easy Anti-Cheat runs concurrently with the Software, monitoring system processes and game files to detect and prevent cheating software and unauthorized modifications. This may include scanning memory and file system interactions, as well as other activities related to the Software.
User Consent:
By installing and using the Software, you consent to the operation of Easy Anti-Cheat and acknowledge that it is necessary to maintain the integrity and fair play of the Software.
You understand that Easy Anti-Cheat may collect data necessary to identify cheating, including but not limited to system specifications, unique identifiers of hardware, and in-game interactions.
Data Handling:
All data collected by Easy Anti-Cheat is handled in accordance with the Privacy Policy, which details how personal and non-personal information is collected, used, and protected.
Restrictions Imposed by DRM:
Any attempt to disable or interfere with the functioning of Easy Anti-Cheat may result in the termination of the Software's functionality and your account being subject to penalties, including but not limited to suspension or ban.
Rights to Disable DRM:
You have the right to uninstall the Software at any time; however, uninstalling the Software will also remove the associated DRM components. Reinstallation of the Software will require a reinstallation of the DRM components.
Resolution of DRM Issues:
In the event that Easy Anti-Cheat malfunctions or incorrectly identifies cheating, you are encouraged to contact our customer support to resolve the issue.
15. License Limitations
MADFINGER is the owner and end-user of all rights, titles, and interests to the Game clients, service, Games, accounts, and all features and components thereof. The service or Games may contain materials licensed by third parties to MADFINGER and those third parties may enforce their ownership rights against you if you violate this agreement. The following, without limitation, are owned or licensed by MADFINGER:All virtual content appearing within the service or Games, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: Names, likenesses, inventories, and catchphrases of Game characters;
Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
All data and communications generated by or occurring through the service or the Games;
All sounds, musical compositions, recordings, and sound effects originating in the service or Games;
All recordings, Game replays, reenactments of in-game matches, battles, duels, etc.;
Computer code, including but not limited to “Applets” and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Games;
All Accounts. Note that MADFINGER owns all Accounts and that all use of an Account shall work to MADFINGER´s benefit. MADFINGER does not recognize the transfer of Accounts. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
16. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution
Exclusively, Czech law applies without giving effect to its conflict of law provisions, even if the End user has his/her residential or business seat abroad. If the End user is a Consumer, this choice of law shall not, however, result in depriving the Consumer protection granted by law.All present and future claims from this Agreement shall be finally resolved by the eligible court in Brno regardless if the End user has residence inside or outside the Czech Republic or is not known. Mandatory Council Regulation (EC) regulations on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are unaffected hereby.
17. General
The End user can only offset the claims of MADFINGER with undisputed or legally established counterclaims. The End user can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the End user's claims against MADFINGER is prohibited.All rights not explicitly granted in this agreement are reserved.
The failure or delay of MADFINGER to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or the breach.
This agreement constitutes the complete and exclusive agreement between MADFINGER and End-user with respect to the subject matter hereof and supersedes all proposals, representations, understandings, and prior agreements, whether oral or written and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement that is found to be invalid or unenforceable shall be deemed deleted, and the rest of this agreement shall remain unaffected.
Notwithstanding any provisions in this Agreement to the contrary, we agree that if MADFINGER makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.
18. Changes to the Agreement
MADFINGER may modify this EULA without prior notice. If you accept a version of this license before modification, revisions will become effective 30 days after publication. Your continued use of the application means that you accept the new terms. Once you accept a version of the license, we will not enforce future material changes without your express agreement with them. If you are asked to accept material changes to this license and you decline to do so, you may not be able to continue to use the application.19. Health and Safety
Usage of the Game on any platform not supported officially by MADFINGER is prohibited. By using the Game you agree that you have the necessary hardware, software, and capability (including a suitable connection to the Internet) required for the use of the Game. MADFINGER accepts no responsibility or liability for any failure of your system to meet the technical requirements of the Game.