Early Access (Alpha) End-User License Agreement
Last update: September 21st, 2020
PLEASE READ CAREFULLY THE FOLLOWING EARLY ACCESS (ALPHA) END-USER LICENSE AGREEMENT (the “EULA”) BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE GAME “LIGHT⚡NITE” (ALSO THE “GAME” OR THE “SOFTWARE”). BY ACCEPTING THIS EULA OR INSTALLING AND/OR USING LIGHT⚡NITE YOU COMMIT TO FULLY COMPLY WITH IT. THE EULA PROVIDES A LICENSE TO USE LIGHT⚡NITE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
The term “Early Access (Alpha)” refers to the alpha version of the Game. The Alpha is made available to “Early Access” users that are those to whom the Game is sold or distributed in advance with respect to the official release date of the final version of the Game.
This Early Access (Alpha) EULA is a legal agreement between you (the “User” or “you”) and Satoshi’s Games SL, a company incorporated under the Spanish laws, with registered offices in Av. de la Estación, 5, B, 03003 Alicante, Spain (the “Company” or “we”).
LIGHT⚡NITE is a multiplayer online battle-royale game developed and offered by the Company. This EULA governs the license to use by you of LIGHT⚡NITE directly from the Company or indirectly through a Company’s authorized reseller or distributor (a "Reseller") and applies only to Software provided by the Company herein, regardless of whether other software is mentioned or described in this document. The EULA also applies to any LIGHT⚡NITE updates, supplements, Internet-based services and support services for the Software, unless other terms accompany such items upon delivery. If so, those terms apply.
Your use of the Software is also subject to the terms and conditions set forth in the Steam® subscriber agreement and/or of any other authorized distributor. The use of the Game is permitted only in such countries where Steam® and/or any other authorized distributor legally distribute the Game to residents of those countries. Should you download or use or access the Software (e.g. by using VPN software) in violation of this paragraph you shall be the sole responsible for any violation of applicable local laws and for any damage that such violation may generate, and you shall hold harmless and shall indemnify the Company for any liability, claim, request, damage, including direct, indirect, consequential or punitive damages, that the Company or its licensees may suffer as consequence of the above mentioned violations.
If local laws in your respective jurisdiction require that you are of a certain age in order to enter into legally binding agreements such as the terms of this EULA and you are not or you have not obtained parental or guardian consent to enter into, then you shall not access the Software and immediately stop any use of it.
Early Access (Alpha) Version
You specifically acknowledge and agree that the Alpha version does not represent the final Game and that it may be subject to many limitations. Further, you understand the testing nature of the Alpha version, and that you may experience, for example, bugs, crashes, code errors, etc., and that the Alpha may be changed or redesigned in the future. Furthermore, being the Alpha version of LIGHT⚡NITE a testing version, you acknowledge and accept that the gaming experience is limited, also in order to allow us to develop and further improve the Game. You understand and acknowledge that you will not have an access to the Alpha in a continuous and stable manner and your active playtime shall be limited.
The Alpha, in particular, gives access to a playable section of the Game (such as on a small island) and will include features such as a small town, a forest, a rural area, and supporting systems (e.g. streams, harbour, etc.). The in-game User Interface includes the mini-map, compass, inventory and other essential information (players killed, players remaining, etc.). A basic store screen allows basic customization of the character (wearables, helmets, armour, etc.) and a limited range of weapons and melee. You can choose only those characters made available for the Alpha and you may have not access to mount some of the Virtual Items that can be purchased in the Websites, within the Alpha version.
The Alpha is made available as is, and may contain bugs, errors and other problems that could cause system malfunctions and other failures including data loss. In addition to the limitations of liabilities set forth herein below, YOU HEREBY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS WHICH MAY BE CONNECTED DIRECTLY OR INDIRECTLY WITH THE USE OF THE ALPHA VERSION OF THE GAME.
The goal in our roadmap is to develop a final, fully playable, version of the Game (the “Gold Release”). However, we do not commit, promise or agree to release, develop, and/or offer for sale or for free any subsequent version of the Software. WE RESERVE THE RIGHT TO UNILATERALLY TERMINATE THE ACCESS TO THIS VERSION OR TO CEASE AND ABANDON ANY EFFORTS TO RELEASE ANY OTHER VERSION OF THE SOFTWARE AT ANY TIME AND FOR ANY REASON, WITHOUT ANY OBLIGATION OR LIABILITY AND WITHOUT ANY DUTY TO COMMUNICATE SUCH DECISION TO YOU.
You hereby agree that, due to testing nature of the Alpha and the circumstance that the Alpha does not represent the full Game, any amount paid by the User in connection with the Alpha version are final and strictly non-refundable.
LIGHT⚡NITE is licensed to you, not sold. The Company hereby grants you a personal, non-exclusive, non-transferable, non-publishing, non-sublicensable, non-assignable, limited license to use the Software on your devices in accordance with the terms of this EULA (the "License") for such time until either you or us terminate this EULA. No other use, implicit or explicit, is permitted or implied in this document.
"LIGHT⚡NITE" is a registered trademark and refers to both the Software and any associated media or software that refers to the online and offline mode of LIGHT⚡NITE, therefore also printed materials, manuals, online or electronic documentation and all copies of the software and such materials.
You acknowledge that no title or ownership in LIGHT⚡NITE is assigned to you under this License and should not be construed as a sale, assignment or transfer of any intellectual property or other rights in LIGHT⚡NITE, the Company or the Website.
The User acknowledges and agrees not to do any of the following:
Use the Game or any services provided by us for commercial or promotional purposes;
Sell, assign, rent, lease, license, distribute the Game whether for profit or not;
export or re-export the Game or any copy of adaptation in violation of any applicable laws or regulations;
Perform reverse engineering activities, change, modify, adapt, translate, decompile, disassemble the source code, or create derivative or imitative works based on the Software except if the Game enables you to create, generate or submit UGC (as defined below) and provided you comply with any applicable condition or rule);
Copy, reproduce, distribute, display or use the Software if not expressly authorized in this EULA and in any case always in compliance with the License;
Allow any third party to use the Software on behalf of or for the benefit of any third party;
Use the Software in any way which breaches any applicable local, national or international law;
Create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Game (whether in online modalities or in single player game or in local area networks);
Remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Game;
Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Software, and/or organize, participate in or be involved in any way in an attack on our servers and/or the Game and/or those of its service providers and partners;
Use the Software for any purpose in breach of this EULA.
If you do not agree with the Amendments, you have the right to terminate this EULA but you must not use the Software, access the Website or use any related services, as applicable.
Your use of the Software after such Amendments have become effective, even after a new modified version of the Game has been released, represents that you have read the EULA, the Website Terms of Service and the Additional Policies and that you have accepted them.
Game Updates and Patches
Since the actual version of the Game (Alpha) is used for testing purposes, we may release or provide patches, updates or make other changes to the Game (e.g. fix software bugs or add new content) at our sole discretion. You hereby accept, acknowledge and understand that we are constantly working on further developments of the Game in order to make the gaming experience even better for you. All patches, updates and other changes are not subject to dispute and are deemed to have been accepted along with this EULA.
Social Media and Game Content
You may upload content (e.g. screenshots, video, or audio) on social media or other platforms (such as Twitch). All of this material shall be uploaded without any kind of modification and in accordance with this EULA, the Website Terms of Service, any Additional Policy and shall not infringe any third-party rights.
Ownership and feedback
All title and intellectual property rights in and to the Game, the Website and any and all material connected with them (including but not limited to any derivative works, titles, computer code, graphics, music or sounds, characters, themes, objects, characters, locations, concepts, artwork, texts, screen displays, methods of operation, moral rights, “applets” incorporated into the Software, and any related documentation) are owned by the Company or its licensors or licensees. The Company is free to grant licenses on the above-mentioned rights to third parties.
The Software is protected by national and international laws, treaties and copyright conventions. The Software may contain licensed material and, in such case, Company's licensors can protect their rights in the event of any violation of this EULA. Any reproduction or representation of such material under license in any form and for any reason, without the prior consent of the Company and, where applicable, of the licensors and representatives of the Company is prohibited. Except where explicitly established by this EULA, all rights not granted herein to the User are explicitly reserved by the Company.
The License does not confer any title or property in or on the Software and should not be construed as the sale of any right.
If you choose to submit any feedback or suggestions regarding the Software, you hereby grants the Company with a non-exclusive, royalty-free, irrevocable, perpetual, transferable, worldwide, and sub-licensable license to reproduce, distribute, modify, prepare derivative works, publicly exhibit, produce, use, sell, offer for sale, import and otherwise exploit the feedbacks for any purpose, for all methods and forms of exploitation present and future in any country. We may freely use, copy, disclose, license, distribute and exploit Feedback in any way, in connection with any product or service, without any obligation, royalty, compensation to the User, or restriction based on intellectual property rights or otherwise.
Virtual Items and Rewards
LIGHT⚡NITE features a circular economy model with an in-Game or Website-based store available at https://play.lightnite.io (the “Store”) where you can purchase & sale virtual items. We may offer certain assets that you can buy either with fiat currency or cryptocurrency, including, but not limited to, character skins, wearables, weapons and vehicles, and other customization for your in-Game characters, as well as battle passes and other such digital add-on items that may improve your Game experience (the “Virtual Items”). You may also be able to obtain certain assets and bitcoin without purchase, based on your skills and gaming performance as an in-Game rewards.
Users will be able to transfer their bitcoin rewards earned in the Game to any External Wallet integrating Lightning Network payments. The Company may establish daily transfer limitations at its own discretion. Once the User has transferred his balance from the Game, the Company will have no longer control or responsibility over the User’s transferred bitcoin. No transferred bitcoin can be transferred back to the User Account.
The following types of Virtual Items may be bought on the shop:
Character skins — players;
Wearables — cosmetic wearable items;
Hoverboards — tools to glide from the sky when the battle starts;
Weapons — In-game items such as swords, pistols, laser guns, etc;
Melee – In-game items such as swords, axes, blades, etc.
Each Virtual Item belongs to a rarity class which determines its total supply:
Legendary — 1 unit;
Rare — max supply of 100 units;
Premium — max supply of 500 units;
Normal — unlimited supply.
Please note that the current Alpha version allows you to mount in-Game a restricted variety of Virtual Items, such as Wearables, Weapons, Melee, Hoverboards, and yet unsupported Characters and Wearables available in LIGHT⚡NITE Store are intended to be progressively integrated in the Game. However, the Company reserves the right to not integrate in-Game any item that may have been purchased by you, for any technical or business reason without limitation or responsibility. Holders of Virtual Items which have not been integrated at the time the Game is launched at Gold Release level will be offered a replacement Virtual Item of similar value and characteristics.
You shall purchase Virtual Items only on or through official LIGHT⚡NITE platforms or software we may make available to you. Prior to making a transaction, you should make sure you fully understand the agreement that covers your transaction and accept any relevant terms and conditions of the platform or software connected with the transaction.
We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Virtual Goods or to any purchases, and post those changes in this EULA, or in separate terms and conditions, or in other terms or agreements posted on the applicable website or as part of the Software or otherwise provided to you by us. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate this EULA, close any LIGHT⚡NITE account and you shall immediately stop using LIGHT⚡NITE and related services.
Virtual Items are digital items and your use of them is governed by this EULA or by specific terms that we may communicate to you. Virtual Items are not provided for any type of investment purpose, are not intended to be any kind of financial instrument, do not represent any share, stake or security or equivalent rights, including, but not limited to, any right to receive future revenue shares and intellectual property rights, do not represent any ownership right, and in no case they can be cashed-out or redeemed for real money or its equivalent value in any form from or by the Company, or on the Web Site, or on other authorized stores (including the Store).
Provided that you comply with the terms of this EULA and any official store or website agreement(s), we grant you the following license on each Virtual Item: a personal, non-sublicensable, non-assignable, transferable, limited license to use any Virtual Item you gain access to, whether purchased or otherwise legally and rightfully obtained, solely in connection with your use of the Software and within the Software (unless we otherwise communicate to you that you may use them in multiple games or for other purposes) and for no other purpose (the “Virtual Item License”).
Each Virtual Idem is identified by a unique digital address registered through the Bitcoin side-chain Liquid Network (the "Third-Parties Services"). When you gain access to a Virtual Item by purchasing the Virtual Item License, the Company will store on your behalf your Virtual Item on its databases connected with each User account (the "VI User Locker "). In order for the Virtual Item to be used in the Game (i.e. mounted or showed or otherwise implemented in the Game in accordance with the uses permitted by us), the Virtual Item must reside on the VI User Locker.
The Game gives you the possibility to transfer Virtual Items to other Users ("In-Game Transfer") or to external third-party digital custodial wallets ("Off-Game Transfer" and, together with the In-Game Transfer, the "Transfers"). Any Transfer happens and is memorized on and confirmed by Third-Parties Services. We neither own or control the Bitcoin Blockchain or the Blockstream Liquid Network, external third-party digital wallets (the "External Wallets", such as the Blockstream Green Wallet), or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the Virtual Items into the Game. The Company will not be liable for the acts or omissions of any such third parties, nor will the Company be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. Note that each Third-Party Service may have their own terms and conditions and that you may be required to accept those terms before using the related service.
In-Game Transfers happen when you transfer the Virtual Item residing on your VI User Locker to a different VI User Locker by using the bult-in functionality offered by the Game or the Website. In-Game Transfer can be performed only as “gifts” to other Users and cannot made in exchange for money, currency (digital or fiat) or other type or value. Notwithstanding In-Game Transfers happen through our platform, we cannot guarantee -nor we take any responsibility- that the Third-Party Blockchain Service will perform the transaction due to reasons outside of our control (e.g. functionality of the Liquid Network). Sending Virtual Items to a wrong User Account ID will result on an irreversible loss for you of the Virtual Asset. Hence, please double check you are sending the Virtual Asset to a correct desired User Account ID.
Off-Game Transfers happen when you transfer a Virtual Item by using a direct transfer between External Wallets without using the functionalities offered by the Game or the Website (e.g. from your Blockstream Green Wallet to another External Wallet). Any Off-Game Transfer may happen only if the Virtual Item has been previously transferred from the Game or the Website to your External Wallet. You acknowledge and agree that once the Virtual Item has been transferred (i.e. the actual transaction has been confirmed by the Third-Party Services) from the Game or the Website, we will not have any kind of control on, nor any possibility to monitor, replace, or influence in any way, the Virtual Item and the actions surrounding it. You shall be the sole responsible for the Virtual Asset and any action or omission you may decide to take or avoid to take concerning the Virtual Item, as well as any damage generated by or to the Virtual Item, including losses or malfunctions, and any violation of applicable laws. Being the Transfer of a Virtual Item an operation performed by Third-Party Services, variable Third-Party Services’ Transaction Fees may be required in order to perform the Transfer; you will be informed of the amount required for each Transfer.
Operations performed on Third Party Services are irreversible, and we do not have any control on them. With that in mind, the Company will have no liability to you or to any third party for any claims or damages that may arise as a result of any operation carried by or on Third-Party Services.
Once a Transfer is performed (i.e. confirmed by Third-Party Services) you will not be able to use the transferred Virtual Item any longer into the Game unless the Virtual Item is “deposited” again in the Game. Any Virtual Item may be deposited in the Game by transferring it from a compatible External Wallet to your VI User Locker by using the bult-in feature provided by the Game or the Website. Third-Party Services’ Transaction Fees may apply.
Each Off-Game Transfer may be subject to the payment by you of some fees required by the Third-Party Services (the "Third-Party Services’ Transaction Fees). Note that we do not have any control on, nor take any part in these Third-Party Services’ Transaction Fees, which are completely managed and set by the Third-Party Services.
It is your sole responsibility to keep safe and to prevent any unauthorized access to your External Wallet, the private key, and the passphrase of your External Wallets. We shall not have any liability for any damages arising out or in any way connected with unauthorized accesses or loss/steal of the access details of your External Wallet.
We may cancel, revoke, or otherwise prevent the use of any Virtual Item in the Game if we suspect any unauthorized or fraudulent activity, any breach of this EULA, and/or to correct any erroneous application of any Virtual Item to your account.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Game ecosystem, and therefore the potential utility or value of Virtual Items.
The blockchain and distributed network ecosystems.
You acknowledge that Distributed Ledger and Blockchain Technologies are evolving on a daily basis and new developments or improvements may be available or required in order to take advantages of such technologies or to ensure compatibility. As a result, and in order to keep the pace with such technologies, except as otherwise prohibited by applicable we , we, in our sole discretion, law may modify, substitute, replace, suspend, cancel or eliminate any Virtual Item, including your ability to access or use Virtual Items, without notice or liability towards you, should these actions be required in order to keep the pace with such technologies. Except in the cases in which the Game becomes no longer accessible or playable, due to any reason, including stop in developments of releases of further versions, or is otherwise no longer available, the Company will put in place reasonable efforts in order to avoid prejudice to your acquired rights on Virtual Items in accordance with applicable laws.
From time to time, at our sole discretion, we may enable challenges or tournaments which may include rewards in the form of blockchain assets or other digital assets. In order to be able to transfer the rewards outside of the Game or the Website, you must provide a valid cryptocurrency address (External Wallet) currently supported by the Game for purposes of such transfer. The Company may set minimum threshold to be reached before any transfer from the User Account is possible.
Any cryptographic tokens that possess value in public markets, such as Bitcoin, have demonstrated extreme fluctuations in price over short periods of time on a regular basis. Any User dealing with such tokens should be prepared to expect similar fluctuations, both down and up.
As a condition of transfer of rewards, you must not be a resident of a country subject to economic or trade sanctions by the U.S. of EU authorities or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designations nor be a resident of a country where receiving cryptocurrencies is forbidden or subject to particular limitations.
Your User Account may show a balance of the in-Game virtual currency currently owned by you (the “Satoshis”). You may transfer Satoshis to your compatible External Wallet (the “Satoshis Transfer”). Each Satoshis Transfer is performed through the Lightning Network. Provisions set forth in 9.11 concerning Off-Game Transfer applies to Satoshis Transfer. The Company may set minimum threshold on daily basis before allowing a Satoshis Transfer (i.e. to have a minimum amount of Satoshis on the User Account in order to allow the transfer). Satoshis Transfer may be subject to Blockchain Fees.
DISCLAIMERS. LIMITATION OF LIABILITY. INDEMNIFICATION.
THE SOFTWARE (INCLUDING ANY VIRTUAL ITEM OR CURRENCY) IS PROVIDED "AS IS" AND "AS AVAILABLE", "WITH ALL DEFECTS" AND WITHOUT ANY WARRANTS, GUARANTEES, DUTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND.
THE COMPANY DOES NOT WARRANTS TO YOU THE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF LIGHT⚡NITE OR YOUR ACCOUNT AND YOU AGREE THAT ANY WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS THAT WAS NOT INTENTIONAL OR CAUSED DUE TO GROSS NEGLIGENCE BY THE COMPANY. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AND THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE TO YOU. THESE WARRANTIES MAY GIVE YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
YOU EXPRESSLY ACCEPT THAT THE USE OF THE SOFTWARE IS AT YOUR OWN RISK AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS AND YOU WILL INDEMNIFY IT FOR ANY IMPROPER USE YOU MAY MAKE OF THE SOFTWARE OR OF RELATED SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHT⚡NITE DISCLAIMS ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT THE COMPANY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY LICENSORS) WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND LICENSEES, AND THEIR RESPECTIVE OFFICIALS, ADMINISTRATORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSEES AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LIABILITIES, ANY KIND OF DAMAGES, JUDGMENTS, ARBITRAL AWARDS, LOSSES, COSTS, FEES OR CHARGES (INCLUDING REASONABLE LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY OUT FROM ANY UNAUTHORIZED OR ILLEGAL USE YOU MAKE OF THE SOFTWARE, THE WEBSITE, THE UGC, THE VIRTUAL ITEMS, ANY OTHER SERVICE PROVIDED BY THE COMPANY OR FROM VIOLATING THESE EULA.
THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BITCOIN OR THE LIGHTNING NETWORK OR ANY DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES OR CAUSING DAMAES AS A RESULTS.
SHOULD THE COMPANY BE FOUND LIABLE TOWARDS YOU, YOU AGREE THAT THE OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) USD $50.
Limitations and exclusions of warranties and remedies in this EULA may not fully apply to you because your jurisdiction may not allow them in your particular circumstance.
This EULA is effective from the date you accept them, or first download or use the Software. The license granted under this EULA is effective until terminated by you or the Company. No further use of the Software or of connected services is allowed and shall be immediately terminated upon termination, for any reason, of this EULA.
Your rights under this EULA will terminate automatically without notice from the company if you fail to comply with any term(s) of this EULA, the Website Terms of Service or any Additional Policy. You may also terminate the License at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
In addition to any provision that for its nature or purpose is meant to survive the termination of this EULA, Sections from 2 to 4, 7, 9, 10 (part ii,iii, and iv), and from 11 to 18 shall survive any termination of this EULA.
Since (and you acknowledge that) the Company would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that the Company shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
Jurisdiction. Dispute Resolution. Governing Law
If a dispute arises between you and the Company, please first use our friendly resolution mechanism we may provide to you. In any case, any dispute arising directly or indirectly out of these EULA, the Website Terms of Service, or any Additional Policy shall be subject to the exclusive jurisdiction of the Court of Alicante, (Spain). The applicable law shall be Spanish Law. Notwithstanding the foregoing, the Company may initiate preliminary injunction proceedings before any other competent court at its sole discretion. The User hereby waives any right to object to such different court.
In the event of a dispute between Users, or between Users and any third party, you agree that the Company has no obligation to be involved. In the event that you have a dispute with one or more other Users, you release the Company, its affiliates, and their respective officers, employees, agents and successors from any claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or the Software or related services.
This EULA, the Website Terms of Service and any Additional Policy shall be construed, governed, and interpreted under and in accordance with the laws of Spain without regard to its conflict of law’s provisions.
Collective Action Waiver
You agree not to establish or participate in a collective or representative action (e.g. class-actions), a general action with a private lawyer, or a collective arbitration in relation to the Software (including any Virtual Items) or this EULA.
No Assignment or Delegation
Without the Company's prior written consent, you are not authorized to assign, transfer, charge or subcontract all or some of your rights or obligations under this EULA, and any attempt without such consent will be invalid and ineffective. If the mandatory laws of your country prohibit the provisions relating to the transfer of the rights on the Software contained in this EULA, it will be binding on any recipient of such rights.
The Company may at any time assign, transfer, charge or subcontract all or some of its rights or obligations under this EULA without giving notice to you or obtaining your consent.
License to Third-Party
The Game may contain references to third-party websites or resources or ads. We are not responsible for the content, products or services on or available from those websites, third parties, resources, banners etc. By clicking on them, you acknowledge to take sole responsibility for and assume all risk arising from your use of any third-party websites, resources, product or service.
This EULA represents the complete agreement between you and the Company concerning the License and your rights to use the Software, and replaces all prior agreements and representations, warranties or understandings between you and the Company concerning the same subject matter.
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this EULA shall remain in full force and not be affected.
The language of this EULA is English, any translations are provided only after a specific request.
If you have any questions concerning this EULA or the License contained therein, you may contact us at Av. de la Estación, 5, B, 03003 Alicante, Spain or via email at firstname.lastname@example.org.