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END USER LICENSE AGREEMENT
Dark Lord
August 08th, 2024
IMPORTANT, PLEASE READ CAREFULLY - BY USING THIS SOFTWARE PRODUCT IN ANY KIND, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
1. END USER LICENSE AGREEMENT
This end-user license agreement along with our Code of Conduct , Privacy and Cookies Policy and any other terms governing the use of our services and products are incorporated herein by reference and form a legal agreement (hereinafter referred to as “EULA”) between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “User”, “End User” or “Licensee,” and Long Tale Games, LLC (“Licensor”, “we”, “us”) for the software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any inconsistencies between the aforementioned terms and provisions will be resolved by Long Tale Games, LLC in its sole and absolute discretion. Any and all uses of the Software Product are governed by the terms of this EULA. Please note that by downloading, installing, using the Game you also agree with the creation of an account at our products and services assigned to you and our partner’s Terms of Use governing such an account . If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a third party distributor website (a “Website”) and do not agree with the terms and conditions herein, click “disagree/decline.” You agree that your use of the Software Product acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you are obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
Licensor may, from time to time, modify, amend, or supplement this EULA, and post those changes on the Software Product Website or announce them in any other way. Such modifications, amendments or supplements shall be effective immediately upon posting them on such Website or announcing them. You are responsible for periodically checking for changes to this EULA. If you do not agree to be bound by (or cannot comply with) this EULA as modified, you agree that your sole remedy is to cease using the Software Product by canceling your Account. Your continued use of the Software Product constitutes your agreement to be bound by the amended EULA.
2. OWNERSHIP
It is hereby understood and agreed that, as between you and Licensor, Licensor, is the owner of or has licensing rights to all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product. Specifically, if the Game allows you to acquire, create, design, modify the Game-related items, you agree that you do not gain any ownership interest whatsoever in any such items.
3. GENERAL
The Software Product is licensed, not sold, to you by Licensor or its licensee’s for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Licensor’s and its licensors’ or its licensee’s intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Licensor under this EULA.
The terms of this EULA will govern any Upgrades provided by Licensor that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Subject to your agreement to and continuing compliance with this EULA, Licensor hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on a single End User’s device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any to third parties. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Software Product and Game Content give you any intellectual property or proprietary rights in the Software Product and Game Content or in any logos and/or trade or service marks of Licensor. All rights, title, and interests belong solely to Licensor and its licensors.
С. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes (permanent storage media for archival/backup purposes may be allowed only upon the prior Licensor’s written consent), you shall not, without Licensor’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Licensor’s copyrights and any other intellectual property rights as determined under the applicable law in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, pornographic, provocative or racist language or material on the Forums and chats relating to the Game.
v. use the Game in any other way that may be perceived by us as or we have a reason to believe is fraudulent, offensive or harmful including without limitation use the Game in a way that may breach or is inconsistent with our Code of Conduct .
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the suspension and\or termination of your account and Game process and to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Licensor’s sole discretion, Licensor may provide you with support services related to the Software Product (“Support Services”).
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. Licensor shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part. As a consequence, End User can participate in the Game in its current version.
E. Licensor does not perform the exchange of the in-game values provided in the Game to cash or non-cash money.
F. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
G. Licensor shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Licensor may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
G. You acknowledge and agree that your communications with other End Users via any channel of communication within the Game are public and not private, and that you have no expectation of privacy concerning your use of the Game. You acknowledge that personal information that you communicate on the Game may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications within the Game. You are solely responsible for these communications and their legality under all applicable laws and regulations. Licensor is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any content within the Game, you expressly grant us the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform such content in any form, anywhere, with or without attribution to your nickname in our discretion, and without any notice or compensation to you of any kind.
7. ADDITIONAL SERVICES AND PAYMENT PROCESSING
A.“Additional services” means providing the User with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in or usage of the Game and are provided by End User’s request only. Additional services may consist but without limitation of the in-game currency or other digital values and assets (“Digital Values”) that can be purchased by the End User in the Game or at the websites and services related to the Licensor or/and to the Game. Notwithstanding the foregoing under no circumstances the Licensor will be obliged to provide any additional services to the End User, all such additional services may be provided only at the Licensor’s sole discretion. As a condition to the use of additional services, End User acknowledges and agrees that:
- No one under the age of 18 is permitted to purchase Digital Values. If it comes to Licensor’s attention that End User under the age of 18 has purchased some Digital Values, Licensor has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited;
- Licensor or its licensees’ are entitled to solely determine the maximum limit of the Digital Values that can be purchased in total per certain time period by one End User.
B. If End User does not enter the game by “logging in” to his/her account for a period of three hundred and sixty-five (365) days, Licensor has the right to immediately and unilaterally delete the End User’s account and the entire account balance and in-game currency shall be deemed abandoned and forfeited.
D. Licensor does not offer any Digital Values for purchase by itself and does not process any payments under this EULA by itself. Any offers to purchase the Digital Values will be conducted and all payments and/or refunds under this EULA will be processed by a third party (“Merchant of Record”, “MoR”). You may be required to create an account with such MoR, and by doing so, you are agreeing to comply with the MoR’s terms of service and policies. You may need to provide additional information to verify your identity, business and tax information and your bank information when you register with the MoR. Licensor does not control MoR Services, and is not liable for the above-mentioned and any other third-party services, for any transaction you may enter into with them or for what they do.
E. We prohibit and do not recognize any purported transfers of Digital Values or the purported sale, gift, exchange or trade in the “real world” of anything that appears or originates in our Software Product and\or other products or services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
F. The list and cost of additional services, and the methods and conditions of purchasing the Digital Values will be published by Licensor or by the appropriate MoR. The Licensor does not make any money compensations to End User that performed funds transfer operations to purchase the Digital Values using the payment systems, if such payments were to be failed and as the result the money was not received by Licensor if otherwise is not provided in the applicable Refund Policy. Notwithstanding the foregoing, the End User is obliged to keep documents proving the payment of additional services, and, if such documents are requested by Licensor, the End User shall provide them.
G. If you choose to purchase additional services, you may be obliged to provide the following data depending on the particular payment service: first name, surname, date of birth, billing information and other information requested by MoR if necessary to identify the actual person with the User account in the Game. End Users shall be solely responsible for the accuracy, completeness, reliability, and correctness of their personal data registered on his/her Game account.
H. If Licensor has reason to think that the End User performs illegal activities or fraud related to payments of additional services in the Game, Licensor or the appropriate MoR has the right to send relevant information to law enforcement bodies to investigate these facts.
I. If Licensor has reason to believe or suspects that the End User is exploiting any defects in the Game or is maliciously using any third-party software to increase his/her amount of Digital Values, or if Licensor has reason to believe that such increase of Digital Values originates from a flaw in the system, Licensor or the appropriate MoR has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
J. If End User is prohibited from using the Game, additional services by the legislation of their country or in case of any other legal restrictions, including age restrictions, End User shall not be allowed to use the Game or additional services. In this case End User shall be solely responsible for the use of the Game on the territory of their country in accordance with local laws.
K. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and End User’s Digital Values is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, transfer or give its account, Digital Values or personal information to any third parties.
L. Money, paid by End User for additional services, is not subject to return by Licensor and Licensor shall not be liable for the loss of the End User’s Digital Values.
M. End User agrees, understands and accepts that Software Product is not a gambling or cash game, contest or betting and that purchase of additional services is End User’s own will and desire and is not necessary or mandatory to participate in the Game and the Game process.
8. USER GENERATED CONTENT
A. The Software Product may allow you to create certain content based on or related to the Software Product (hereinafter referred to as “User Generated Content” or “UGC”).
B. You grant to LTG the following rights, which LTG may exercise or not in its sole discretion:
a. You grant to LTG a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully assignable and sub-licensable right and licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights without the requirement of permission from or any payment to you or any other person or entity to (a) use, copy, distribute, publicly display, publicly perform, modify, create derivative works from UGC, and otherwise exploit UGC in whole or in part in the LTG’s discretion in any media format without further notice to you and attribution, (b) and sub-licence these rights, to the maximum extent permitted by applicable law.
C. With respect to the Software Product, you retain the right to use your original artwork in the UGC. However, you are not granted any intellectual property rights to LTG or its licensors’ materials and the rights to use them anyhow without LTG or its licensor’s explicable permission. If the UGC contains any LTG’s or its licensor’s intellectual property, such UGC will vest on and assigned to LTG on creation on a free-of-charge basis. Hereby you waive and not to enforce any moral rights, ancillary rights or similar rights in or to the UGC against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
D. You understand and agree that LTG has the right but is not obligated to use, distribute, continue to distribute the UGC and reserves the right but not the obligation to restrict or remove the UGC for any or no reason.
E. Hereby you warrant and guarantee that your UGC is in compliance with any applicable law, does not infringe any third parties’ rights and does not contain any obscene, pornographic, provocative or racist elements.
9. TERM
A. This License is effective until terminated. End User may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Licensor may terminate this Agreement at any time for any or no reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your device. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Licensor to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your device.
10. INTELLECTUAL PROPERTY RIGHTS
A. As between you and Licensor, Licensor shall retain all right, title, and interest or licensing rights in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge Licensor’s exclusive rights in the Software Product and that the Software Product is unique and original to Licensor and that Licensor is owner or has licensing rights thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Licensor’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed the confidential information of Licensor.
11. EXPORT LAW ASSURANCES
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES (COLLECTIVELY REFERRED TO AS “LICENSOR” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Licensor does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of the End User, made or published on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by the End Users to their in-game accounts (loss of login, password and other information required for participation to the Game); and (4) the loss of the End User’s in-game currency and values provided by the Game or purchased by End User.
C. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS LICENSOR MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, LICENSOR’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
14. DEFECTS AND SECURITY WARNING
A. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
15. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Licensor and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (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 (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
16. GOVERNING LAW
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Licensor agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Licensor will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Licensor’s address at . Notwithstanding the foregoing, you and Licensor agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of Licensor’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law and Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts-of-law rules and without giving effect to any principles that may provide for the application of the law of another jurisdiction. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Licensor agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website at , and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND LICENSOR AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
17. WAIVER & SEVERABILITY
A failure on the part of Licensor to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
18. Please, be informed that The Game may include certain software that is NOT developed by Long Tale Games, LLC.
19. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR
Dark Lord
August 08th, 2024
IMPORTANT, PLEASE READ CAREFULLY - BY USING THIS SOFTWARE PRODUCT IN ANY KIND, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
1. END USER LICENSE AGREEMENT
This end-user license agreement along with our Code of Conduct , Privacy and Cookies Policy and any other terms governing the use of our services and products are incorporated herein by reference and form a legal agreement (hereinafter referred to as “EULA”) between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “User”, “End User” or “Licensee,” and Long Tale Games, LLC (“Licensor”, “we”, “us”) for the software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any inconsistencies between the aforementioned terms and provisions will be resolved by Long Tale Games, LLC in its sole and absolute discretion. Any and all uses of the Software Product are governed by the terms of this EULA. Please note that by downloading, installing, using the Game you also agree with the creation of an account at our products and services assigned to you and our partner’s Terms of Use governing such an account . If you do not agree to the terms of this EULA, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a third party distributor website (a “Website”) and do not agree with the terms and conditions herein, click “disagree/decline.” You agree that your use of the Software Product acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you are obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
Licensor may, from time to time, modify, amend, or supplement this EULA, and post those changes on the Software Product Website or announce them in any other way. Such modifications, amendments or supplements shall be effective immediately upon posting them on such Website or announcing them. You are responsible for periodically checking for changes to this EULA. If you do not agree to be bound by (or cannot comply with) this EULA as modified, you agree that your sole remedy is to cease using the Software Product by canceling your Account. Your continued use of the Software Product constitutes your agreement to be bound by the amended EULA.
2. OWNERSHIP
It is hereby understood and agreed that, as between you and Licensor, Licensor, is the owner of or has licensing rights to all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product. Specifically, if the Game allows you to acquire, create, design, modify the Game-related items, you agree that you do not gain any ownership interest whatsoever in any such items.
3. GENERAL
The Software Product is licensed, not sold, to you by Licensor or its licensee’s for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Licensor’s and its licensors’ or its licensee’s intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Licensor under this EULA.
The terms of this EULA will govern any Upgrades provided by Licensor that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Subject to your agreement to and continuing compliance with this EULA, Licensor hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on a single End User’s device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any to third parties. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Software Product and Game Content give you any intellectual property or proprietary rights in the Software Product and Game Content or in any logos and/or trade or service marks of Licensor. All rights, title, and interests belong solely to Licensor and its licensors.
С. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes (permanent storage media for archival/backup purposes may be allowed only upon the prior Licensor’s written consent), you shall not, without Licensor’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Licensor’s copyrights and any other intellectual property rights as determined under the applicable law in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, pornographic, provocative or racist language or material on the Forums and chats relating to the Game.
v. use the Game in any other way that may be perceived by us as or we have a reason to believe is fraudulent, offensive or harmful including without limitation use the Game in a way that may breach or is inconsistent with our Code of Conduct .
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the suspension and\or termination of your account and Game process and to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Licensor’s sole discretion, Licensor may provide you with support services related to the Software Product (“Support Services”).
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. Licensor shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend or modify the Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part. As a consequence, End User can participate in the Game in its current version.
E. Licensor does not perform the exchange of the in-game values provided in the Game to cash or non-cash money.
F. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
G. Licensor shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Licensor may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
G. You acknowledge and agree that your communications with other End Users via any channel of communication within the Game are public and not private, and that you have no expectation of privacy concerning your use of the Game. You acknowledge that personal information that you communicate on the Game may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications within the Game. You are solely responsible for these communications and their legality under all applicable laws and regulations. Licensor is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any content within the Game, you expressly grant us the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform such content in any form, anywhere, with or without attribution to your nickname in our discretion, and without any notice or compensation to you of any kind.
7. ADDITIONAL SERVICES AND PAYMENT PROCESSING
A.“Additional services” means providing the User with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in or usage of the Game and are provided by End User’s request only. Additional services may consist but without limitation of the in-game currency or other digital values and assets (“Digital Values”) that can be purchased by the End User in the Game or at the websites and services related to the Licensor or/and to the Game. Notwithstanding the foregoing under no circumstances the Licensor will be obliged to provide any additional services to the End User, all such additional services may be provided only at the Licensor’s sole discretion. As a condition to the use of additional services, End User acknowledges and agrees that:
- No one under the age of 18 is permitted to purchase Digital Values. If it comes to Licensor’s attention that End User under the age of 18 has purchased some Digital Values, Licensor has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited;
- Licensor or its licensees’ are entitled to solely determine the maximum limit of the Digital Values that can be purchased in total per certain time period by one End User.
B. If End User does not enter the game by “logging in” to his/her account for a period of three hundred and sixty-five (365) days, Licensor has the right to immediately and unilaterally delete the End User’s account and the entire account balance and in-game currency shall be deemed abandoned and forfeited.
D. Licensor does not offer any Digital Values for purchase by itself and does not process any payments under this EULA by itself. Any offers to purchase the Digital Values will be conducted and all payments and/or refunds under this EULA will be processed by a third party (“Merchant of Record”, “MoR”). You may be required to create an account with such MoR, and by doing so, you are agreeing to comply with the MoR’s terms of service and policies. You may need to provide additional information to verify your identity, business and tax information and your bank information when you register with the MoR. Licensor does not control MoR Services, and is not liable for the above-mentioned and any other third-party services, for any transaction you may enter into with them or for what they do.
E. We prohibit and do not recognize any purported transfers of Digital Values or the purported sale, gift, exchange or trade in the “real world” of anything that appears or originates in our Software Product and\or other products or services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
F. The list and cost of additional services, and the methods and conditions of purchasing the Digital Values will be published by Licensor or by the appropriate MoR. The Licensor does not make any money compensations to End User that performed funds transfer operations to purchase the Digital Values using the payment systems, if such payments were to be failed and as the result the money was not received by Licensor if otherwise is not provided in the applicable Refund Policy. Notwithstanding the foregoing, the End User is obliged to keep documents proving the payment of additional services, and, if such documents are requested by Licensor, the End User shall provide them.
G. If you choose to purchase additional services, you may be obliged to provide the following data depending on the particular payment service: first name, surname, date of birth, billing information and other information requested by MoR if necessary to identify the actual person with the User account in the Game. End Users shall be solely responsible for the accuracy, completeness, reliability, and correctness of their personal data registered on his/her Game account.
H. If Licensor has reason to think that the End User performs illegal activities or fraud related to payments of additional services in the Game, Licensor or the appropriate MoR has the right to send relevant information to law enforcement bodies to investigate these facts.
I. If Licensor has reason to believe or suspects that the End User is exploiting any defects in the Game or is maliciously using any third-party software to increase his/her amount of Digital Values, or if Licensor has reason to believe that such increase of Digital Values originates from a flaw in the system, Licensor or the appropriate MoR has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
J. If End User is prohibited from using the Game, additional services by the legislation of their country or in case of any other legal restrictions, including age restrictions, End User shall not be allowed to use the Game or additional services. In this case End User shall be solely responsible for the use of the Game on the territory of their country in accordance with local laws.
K. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and End User’s Digital Values is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, transfer or give its account, Digital Values or personal information to any third parties.
L. Money, paid by End User for additional services, is not subject to return by Licensor and Licensor shall not be liable for the loss of the End User’s Digital Values.
M. End User agrees, understands and accepts that Software Product is not a gambling or cash game, contest or betting and that purchase of additional services is End User’s own will and desire and is not necessary or mandatory to participate in the Game and the Game process.
8. USER GENERATED CONTENT
A. The Software Product may allow you to create certain content based on or related to the Software Product (hereinafter referred to as “User Generated Content” or “UGC”).
B. You grant to LTG the following rights, which LTG may exercise or not in its sole discretion:
a. You grant to LTG a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully assignable and sub-licensable right and licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights without the requirement of permission from or any payment to you or any other person or entity to (a) use, copy, distribute, publicly display, publicly perform, modify, create derivative works from UGC, and otherwise exploit UGC in whole or in part in the LTG’s discretion in any media format without further notice to you and attribution, (b) and sub-licence these rights, to the maximum extent permitted by applicable law.
C. With respect to the Software Product, you retain the right to use your original artwork in the UGC. However, you are not granted any intellectual property rights to LTG or its licensors’ materials and the rights to use them anyhow without LTG or its licensor’s explicable permission. If the UGC contains any LTG’s or its licensor’s intellectual property, such UGC will vest on and assigned to LTG on creation on a free-of-charge basis. Hereby you waive and not to enforce any moral rights, ancillary rights or similar rights in or to the UGC against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
D. You understand and agree that LTG has the right but is not obligated to use, distribute, continue to distribute the UGC and reserves the right but not the obligation to restrict or remove the UGC for any or no reason.
E. Hereby you warrant and guarantee that your UGC is in compliance with any applicable law, does not infringe any third parties’ rights and does not contain any obscene, pornographic, provocative or racist elements.
9. TERM
A. This License is effective until terminated. End User may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Licensor may terminate this Agreement at any time for any or no reason. Upon such termination, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your device. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Licensor to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your device.
10. INTELLECTUAL PROPERTY RIGHTS
A. As between you and Licensor, Licensor shall retain all right, title, and interest or licensing rights in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge Licensor’s exclusive rights in the Software Product and that the Software Product is unique and original to Licensor and that Licensor is owner or has licensing rights thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Licensor’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed the confidential information of Licensor.
11. EXPORT LAW ASSURANCES
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES (COLLECTIVELY REFERRED TO AS “LICENSOR” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Licensor does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of the End User, made or published on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by the End Users to their in-game accounts (loss of login, password and other information required for participation to the Game); and (4) the loss of the End User’s in-game currency and values provided by the Game or purchased by End User.
C. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS LICENSOR MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, LICENSOR’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
14. DEFECTS AND SECURITY WARNING
A. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
15. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Licensor and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (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 (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
16. GOVERNING LAW
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Licensor agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Licensor will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Licensor’s address at . Notwithstanding the foregoing, you and Licensor agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of Licensor’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law and Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts-of-law rules and without giving effect to any principles that may provide for the application of the law of another jurisdiction. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Licensor agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website at , and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND LICENSOR AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
17. WAIVER & SEVERABILITY
A failure on the part of Licensor to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
18. Please, be informed that The Game may include certain software that is NOT developed by Long Tale Games, LLC.
19. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR